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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 547فصل

الترجمة · EN

Section: Retaliation is mandatory for the two buttocks (alyatayn) that protrude between the thighs and the back on both sides of the anus. This is the apparent view of the Shafi'i school. Al-Muzani said: There is no retaliation for them; because they are flesh connected to flesh, so they resemble the flesh of the thigh. Our argument is the saying of the Almighty: "And for wounds is legal retribution" (Quran 5:45). And because they have a limit to which they terminate, therefore retaliation is carried out for them, like the member and the two testicles.

1448 - Issue: He said: (And the eye is gouged out for the eye).

The scholars have reached a consensus on the permissibility of retaliation for the eye. Among those whose opinion on this has reached us are Masruq, al-Hasan, Ibn Sirin, al-Sha'bi, al-Nakha'i, al-Zuhri, al-Thawri, Malik, al-Shafi'i, Ishaq, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). It has also been narrated from Ali, may Allah be pleased with him. The basis for this is the saying of Allah the Almighty: "And the eye for the eye" (Quran 5:45). And because it terminates at a joint, therefore retaliation is carried out for it, like the hand. A young person's eye is taken for the diseased eye of an old person, and the adult's eye for the child's eye and the one afflicted with night blindness (a'mash); however, a healthy eye is not taken for one that is blind (qa'imah), because he would be taking more than his due.

الحواشي

(4) Surah al-Ma'idah: 45. (1) Surah al-Ma'idah: 45. (2) In M: "al-kabir" (the adult). (3) Omitted from B. (4) In B: "al-basir" (the sighted one). (5) In the original: "bi-hukumah" (with discretionary compensation).

السابقمجلد 11 · صفحة 547التالي
السابق11·547التالي