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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 1 · صفحة 329فصل

الترجمة · EN

Al-Azhari (8) said: He meant between the two branches of her legs and the two branches of her labia (9). Their hadith is abrogated by the evidence of the hadith of Sahl ibn Sa'd, and praise be to Allah.

Section: Ghusl is obligatory upon every person who engages in intercourse and the one with whom it is engaged, if they are of those for whom ghusl is applicable, whether the orifice is the vagina or the anus, with any human or animal (10), whether alive or dead, willing or forced, asleep or awake. Abu Hanifa said: Ghusl is not obligatory for intercourse with a dead person or an animal, because it is not intended, and because it is not explicitly stated, nor is it in the meaning of that which is explicitly stated. Our argument is that it is penetration into an orifice, thus ghusl is made obligatory by it, like intercourse with a living human, and intercourse with a dead human (11) is included in the general meaning of the narrated hadiths. What they mentioned is invalidated by intercourse with an old woman or an ugly one.

Section: If he inserts part of the glans, or has intercourse without penetration into the orifice, or in the navel, and does not ejaculate, then no ghusl is obligatory upon him, because the meeting of the two circumcised parts did not occur, nor did anything in its meaning. If the glans is severed and he inserts the remainder of his penis, and it is the size of the glans, then ghusl becomes obligatory, and the rulings of intercourse apply to it, regarding the mahr (dower) and other matters. If it is less than that, nothing is obligatory.

Section: If he inserts into the vagina of a khuntha mushkil (hermaphrodite), or the khuntha inserts their penis into an orifice, or one of them has intercourse with the other in their vagina, then there is no ghusl upon either of them, because it is possible that it is an extraneous anatomical feature. If the one engaging in intercourse ejaculates or the one with whom intercourse is engaged ejaculates from their vagina, then upon the one who ejaculated is the ghusl. For the one who ejaculates from their penis, the ruling of men applies, and for the one who ejaculates from their vagina, the ruling of women applies, because Allah the Almighty has established the custom regarding this in the case of men and women. The Qadi mentioned in one place that one should not be judged to be male by ejaculation from their penis, nor female by menstruation from their orifice, nor to have reached puberty by this. Our argument is that it is a matter which Allah the Almighty has specifically assigned to one of the two classes, so it is an indication of it.

الحواشي

= al-Musnad 2/234, 393, 347, 471, 520. (8) Abu Mansur Muhammad ibn Ahmad ibn al-Azhari al-Harawi, the linguist, the famous Imam, author of "Tahdhib al-Lugha", who died in the year 370 AH. Wafayat al-A'yan 4/334-336. (9) See: Tahdhib al-Lugha 1/444. (10) In the original: "bahim". (11) Omitted from the original.

السابقمجلد 1 · صفحة 329التالي
السابق1·329التالي