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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 1 · صفحة 323فصل

الترجمة · EN

then perform ghusl" (13). 'Fadkh' (forcing out) is its exit with intensity. Ibrahim al-Harbi (14) said: Its exit with haste. His statement: "If she sees the fluid," refers to having an erotic dream, and it only exits during an erotic dream with desire. The other hadith is abrogated; moreover, it is permissible to argue that this prevents it from being considered semen, because the Prophet, peace and blessings of Allah be upon him, described semen with a quality not present in this instance.

Section: If a person feels the movement of semen during desire but restrains his penis, and it does not exit, then no ghusl is required of him according to the apparent statement of al-Khiraqi, one of the two narrations from Ahmad, and the opinion of most jurists. The famous opinion from Ahmad is that ghusl is obligatory, and he denied that the water could return, preferring that one should perform ghusl. The Qadi did not mention any disagreement regarding the obligation of ghusl, saying: Because janaba (major ritual impurity) separates the water from its place, and since it has occurred, the janaba is present, so ghusl is obligated by it. Also, because ghusl takes desire into account, and it has occurred with its movement, so it is similar to if it had appeared. Our evidence is that the Prophet, peace and blessings of Allah be upon him, conditioned the performance of ghusl upon the sight and the forcing out (fadkh) of it, through his statements: "If she sees the fluid," and "If you force the water out, then perform ghusl." Thus, the legal ruling is not established without it. The derivation mentioned by him [the Qadi] is not valid, because it is permissible to call one a 'junub' due to his being distanced from the fluid (al-ma'), which only occurs upon its exit from him, or due to his being distanced from prayer, the mosque, or other things from which he is prohibited. Even if he were to be called by that name along with the act of exit, it does not necessitate the existence of the name without the exit, for derivation does not necessitate consistency. Furthermore, taking desire into account for the ruling does not necessitate that it is independent in doing so, for one of the two descriptions of the effective cause and the condition of the ruling is taken into account for it, yet it does not stand alone for the ruling. Moreover, this is invalidated by touching women, and by the case where desire is found here without the movement of the fluid, for desire does not stand alone for the ruling in both instances despite it being taken into account therein. Ahmad's words here only indicate that when the water moves, its exit is necessitated, and it is merely delayed; hence, the ghusl is delayed until the time of its exit. Therefore, if the semen exits after

الحواشي

(13) Reported by al-Nasa'i, in: Chapter on Ghusl from Semen, from the Book of Purity. Al-Mujtaba 1/93. And Imam Ahmad, in: Al-Musnad 1/125. (14) Abu Ishaq Ibrahim ibn Ishaq ibn Ibrahim al-Harbi al-Hanbali, the Hafiz. He studied fiqh under Imam Ahmad, excelled, and authored many works. He died in the year 285 AH. Al-'Ibar 2/74, Tabaqat al-Hanabila 1/86-93. (15) In M: "yulzimuhu" (it necessitates it).

السابقمجلد 1 · صفحة 323التالي
السابق1·323التالي