ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 477فصل

الترجمة · EN

to the well-known river, and when he uses it indefinitely, it becomes general, so it includes everything that is called 'furat' (fresh), and every fresh thing is 'furat'. Allah the Almighty says: {And We gave you water to drink that is fresh} (123). And He says: {And the two seas are not alike; this is fresh, sweet to drink, and this is salty and bitter} (124). Whenever he intends with his oath (125) the other possibility, it is directed to it, and that is accepted from him; because it is plausible, and his intention is not far-fetched.

Section: If he swears, "I will not insult him, and I will not speak to him in the mosque," and he does that (126) in the mosque while the person against whom the oath is made is elsewhere, he is in breach. If he does it (127) outside the mosque while the person against whom the oath is made is in the mosque, he is not in breach. If he swears, "I will not strike him, nor wound him, nor kill him in the mosque," and he does so, while the swearer is in the mosque and the one against whom the oath is made is elsewhere, he is not in breach. If the swearer is outside the mosque and the one against whom the oath is made is in the mosque, he is in breach; because insulting and speaking is speech that the speaker performs independently, so the presence of the one insulted is not considered in it, so it occurs from the insulter in the mosque even if the one insulted is not there, and speaking is speech; it is like insulting. The rest of the mentioned actions are transitive actions whose locus is the one struck, killed, and wounded, so if their locus is outside the mosque, the action is outside of it, so the locus of the object of the action is considered. If he swears, "I will certainly kill him on Friday," and he wounds him on Thursday, and he dies on Friday. Al-Qadi said: He is not in breach. If he wounds him on Friday and he dies on Saturday, he said: He is in breach; because he is not considered 'killed' until he dies, so his day of death is considered, not the day of his striking. It is also valid that the ruling be the opposite in the two matters, so the day of his wounding is considered, not the day of his death; because killing is the action of the killer, and for this reason, giving the command for it and prohibiting it is valid. Allah the Almighty says: {So kill

الحواشي

(123) Sūrat al-Mursalāt 27. (124) Sūrat Fāṭir 12. (125) In A, B, and M: "yamīnihi" (his oath). (126) Omitted from A, B, and M. (127) In the original: "ḥalafihi" (his swearing).

السابقمجلد 10 · صفحة 477التالي
السابق10·477التالي