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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 1 · صفحة 319فصل

الترجمة · EN

in his stomach something and it becomes unclear to him whether something has exited from him or not, he should not leave the mosque until he hears a sound or finds an odor." And because when he doubts, both matters conflict in his mind, it is necessary for both to be discarded, just like two conflicting testimonies, and he should return to certainty. There is no difference whether one of the two matters outweighs the other in his estimation, or if both matters are equal to him; because if an estimation is not governed by a legislative rule, it is not given consideration, just as a judge does not give consideration to the statement of one of the two litigants if he believes it to be true without evidence.

Section: If he is certain of both purity and impurity together, and does not know which of them occurred last—such as someone who is certain that during the time of Dhuhr he was in a state of purity at one time and in a state of impurity at another, and he does not know which of the two preceded the other—he returns to his state before the meridian (zawal). If he was impure, he is now in a state of purity; because he is certain that he transitioned from this impurity to purity, and he is not certain of its removal. The impurity that is certain after the meridian might have occurred before the purity or after it; therefore, its existence after [the purity] is doubted, so it cannot remove a certain purity based on doubt. This is like if testimony was provided for a man that he had fulfilled a claim of one hundred against Zayd, then the one against whom the testimony was given provided evidence of the claimant's acknowledgment of a hundred to him; no right is established for him, due to the possibility that his acknowledgement was before the fulfillment of the claim from him. If he was in a state of purity before the meridian, then he is now impure, for the same reason we mentioned regarding the other side.

Section: If he is certain that at the time of Dhuhr he broke his purity and then performed wudu' due to an impurity, but doubts which of the two preceded the other, he should examine: if he was in a state of purity before the meridian, he is on a state of purity; because he is certain that he broke that purity, then performed wudu', since it is impossible for him to perform wudu' due to an impurity while that [original] purity remained. The breaking of this second purity is a matter of doubt, and [a state of] certainty is not removed by doubt.

الحواشي

(4) Completion from Sahih Muslim. (5) In M: "did not exit." The established text is in: Al-Asl and Sahih Muslim. (6) In Sahih Muslim: "they should not leave." (7) Reported by Muslim in the chapter indicated in the previous footnote. And Imam Ahmad in: Al-Musnad 2/303, 410, 414, 435, 471. (8) In M: "al-taiyaqun" (the certainty).

السابقمجلد 1 · صفحة 319التالي
السابق1·319التالي