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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 86

الترجمة · EN

whoever finds a slave that is surplus to his needs, he is not permitted to move to fasting. If he has a slave whom he needs for his service due to chronic illness, old age, sickness, large stature, or the like, which prevents him from serving himself, or he is someone who does not typically serve himself and does not find a slave surplus to his needs, then manumission is not obligatory upon him. This is the view of al-Shafi'i. Abu Hanifah, Malik, and al-Awza'i said: Whenever he finds a slave, it is mandatory for him to manumit it, and it is not permitted for him to move to fasting, whether he is in need of the slave or not; because Allah the Almighty conditioned the move to fasting upon not finding a slave, with His saying: {Whoever does not find [a slave]}. This person is one who finds. If he finds the price [of a slave] but is in need of it, he is not required to purchase it. This is the view of Abu Hanifah. Malik said: He is required to purchase it; because finding the price is like finding the slave itself. Our view is that whatever a person's needs encompass is like that which is non-existent regarding the permissibility of moving to a substitute, just like someone who finds water but needs it for thirst; it is permissible for him to move to Tayammum (dry ablution). If he has a servant and is someone who typically serves himself, it is mandatory for him to manumit it because it is surplus to his needs. This is unlike one whose custom is not to serve himself, as there is hardship for him in manumitting his servant, and it would result in the loss of many of his necessities. If he has a servant who serves his wife, and he is someone upon whom her service is incumbent, or he has slaves who sustain him with their earnings, or a house he lives in, or real estate whose revenue he needs for his sustenance, or trade goods whose profit he cannot dispense with for his maintenance, then manumission is not mandatory for him. If he becomes wealthy enough regarding any of those things such that he could purchase a slave with it, it becomes mandatory, because he is a finder of the slave. If he has a slave who serves him and he can sell it and purchase two slaves with its price, using one for his service and manumitting the other, it is mandatory for him, because there is no harm in that. Likewise, if he has luxurious clothing that exceeds the clothing of his peers, and he can sell it and purchase what is sufficient for his dress along with a slave, that becomes mandatory for him. If he has a house that he can sell to purchase what is sufficient for the housing of his peers along with a slave, or a small farm from which he has a surplus beyond his needs that would allow him to

الحواشي

(3) Al-Zaman: A chronic ailment. (4) In (A): "his need". (5) Omitted from (A), (B), and (M). (6) Omitted from (M).

السابقمجلد 11 · صفحة 86التالي
السابق11·86التالي