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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 447

الترجمة · EN

it became necessary to link it to the fact that it is a sharp object, and the manifestation of the rationale in individual instances of the category is not required; rather, the mere possibility of the rationale is sufficient. For this reason, the ruling was established in the case where he remained suffering, even though intentional killing does not differ regarding the speed or delay of death given the identity of the instrument and the act. Furthermore, there are hidden vital organs in the body, and this has a potential for spreading and penetration, so it resembles a large wound. This is the apparent view from the words of al-Khiraqi, as he did not distinguish between the small and the large. This is the school of Abu Hanifah, and for al-Shafi'i, there is a detail similar to what we have mentioned.

The second type is killing with something other than a sharp object, from which it is predominantly thought that the soul will likely depart upon its use. This is also intentional killing that necessitates qisas (retribution). This is the view of al-Nakha'i, al-Zuhri, Ibn Sirin, Hammad, Amr ibn Dinar, Ibn Abi Layla, Malik, al-Shafi'i, Ishaq, Abu Yusuf, and Muhammad. Al-Hasan said: There is no qisas in that. This is also narrated from al-Sha'bi. Ibn al-Musayyab, Ata', and Tawus said: Intentional killing is only that which is done with a weapon. Abu Hanifah said: There is no qisas [in that], unless he killed him with fire. There are two narrations from him regarding heavy iron objects. He argued using the statement of the Prophet (peace be upon him): "Indeed, for the victim of intentional killing by mistake—the victim of the whip, the staff, and the stone—there is one hundred camels." He labeled it "intentional killing by mistake" and made blood money obligatory for it rather than qisas. And because intentional killing cannot be defined by itself, it must be defined by its likely circumstances; and it cannot be defined by what "usually kills," because intentional killing occurs without that in small wounds, so it became necessary to define it by the wounding itself. Our argument is the saying of Allah the Almighty: "And whoever is killed unjustly, We have given his heir authority." This person was killed unjustly. And Allah the Almighty said: "Retribution is prescribed for you in the case of those who are killed." And Anas narrated that a Jew killed

الحواشي

(7) In copies B and M: "al-hukm" (the ruling). (8) In copies B and M: "surah" (instance/form). (9) Omitted from the original and B. (10) Recorded by Imam Ahmad in: al-Musnad 3/410. See what has preceded on page 445. (11) Surah al-Isra', 33. (12) Surah al-Baqarah, 178.

السابقمجلد 11 · صفحة 447التالي
السابق11·447التالي