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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 534

الترجمة · EN

with its equal. If they differ in smallness, bigness, thinness, or thickness, he must account for the length and width because that is possible. If the head of the aggressor and the head of the injured person are the same, he takes the extent of the gash. If the head of the aggressor is smaller, but it is wide enough for the gash, it is executed, even if it encompasses the entire head of the aggressor while it is only in a part of the head of the injured person, because he has executed it by measurement; its excess over the equivalent location on the perpetrator’s head does not prevent the execution, for the whole is a head. If the extent of the gash exceeds the head of the perpetrator, he executes the gash across the entire head of the aggressor, and it is not permitted to descend to his forehead, because that would be retaliating on a member other than the member he injured. Likewise, he does not descend to his nape, for the reason we mentioned. He does not execute the remainder of the gash in another place on his head, because that would constitute executing two mudihah wounds, and placing the blade in a location other than that in which the perpetrator placed it. Our companions differed on what he should do. Al-Qadi mentioned that the apparent meaning of the words of Abu Bakr is that he is entitled to no blood money (arsh) for what remains, so that retaliation and blood money do not combine for a single wound. This is the school of Abu Hanifah. According to this, he is given the choice between executing it across the entire head of the aggressor with no blood money, or pardoning it in exchange for the blood money of a mudihah. Abu Abd Allah ibn Hamid and some of our companions said: He is entitled to the blood money for what remains. This is the school of al-Shafi'i, because retaliation became impossible for what he was injured in, so he is entitled to its blood money, just as if it were impossible for the whole. According to this, the gash on the perpetrator is estimated based on the gash on the head of the injured person, and he takes the blood money for the remainder. If it is to the extent of a third of it, he receives one-third of the blood money of a mudihah; if it is more or less than this, it is calculated from the blood money of a mudihah. He is not entitled to the full blood money of a mudihah, so as not to lead to obligating both retaliation and the blood money of a mudihah for a single mudihah.

الحواشي

(16) In manuscript M: "its like". (17) In manuscript M: "if". (18) In manuscript M: "encompasses that". (19) Omitted from: M. (20) In manuscript M: "his head". (21) In manuscript M: "of". (22) In the original: "has mentioned". (23) In the original: "two-thirds of it".

السابقمجلد 11 · صفحة 534التالي
السابق11·534التالي