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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 132

الترجمة · EN

The blood money is mandatory for it, so its blood money does not exceed the blood money of a human, like the fingers, eyelids, and the rest of the parts of the body. Also, it contains a general utility, so its blood money does not exceed the [total] blood money, just like all other general utilities. Furthermore, molars are characterized by utility rather than beauty, while incisors possess both utility and beauty; thus, they differ in the indemnity. As for us, we rely on what Abu Dawud narrated with his chain of transmission from Ibn Abbas, that the Prophet (peace and blessings of Allah be upon him) said: "The fingers are equal, and the teeth are equal. The incisor and the molar are equal; this and this are equal." This is an explicit text. His statement in the aforementioned hadiths: "For the teeth, five [camels] each" without specification, includes molars in its general scope because they are teeth. Furthermore, every blood money that becomes mandatory for a set is divided based on the number [of units], not the utilities, such as the fingers, eyelids, and lips. Ibn Abbas has alluded to this, saying: "I do not compare them to fingers." As for the rationale they mentioned, it is inevitable that the analogy (qiyas) will be contradicted in this matter. Whoever follows our [opinion has contradicted] the rationale they mentioned, and whoever follows their opinion has contradicted the equality established by the analogy of other organs of the same genus. Thus, what we have mentioned—with the support of the reports and the opinion of the majority of scholars—is more appropriate. As for the opinion of Umar, that there is one camel for each molar, it contradicts both analogies, as well as the reports, for it does not necessitate the full blood money; rather, it necessitates eighty camels, and it differentiates between homogeneous organs. This guarantee is only mandatory for the tooth of a person who has reached the stage of 'thughr' (eruption of permanent teeth), which is the one who has replaced his teeth and reached a point where, if his tooth is extracted, a replacement will not grow. It is said: 'thughira', 'iththaghara', and 'ittaghara' when this is the case. As for the tooth of a child who

الحواشي

(10) In the original: "al-asnan" (the teeth). (11) In: The Chapter of Blood Money for Limbs, from The Book of Blood Money. Sunan Abi Dawud 2/494. It was also extracted by al-Bukhari in summary, in: The Chapter of Blood Money for Fingers, from The Book of Blood Money. Sahih al-Bukhari 9/10. And al-Tirmidhi, in: The Chapter of What Has Come Concerning the Blood Money for Fingers, from The Chapters on Blood Money. 'Aridat al-Ahwadhi 6/176. And al-Nasa'i, in: The Chapter of Blood Money for Fingers, from The Book of Qasamah. Al-Mujtaba 8/50. And Ibn Majah, in: The Chapter of Blood Money for Teeth and Blood Money for Fingers, from The Book of Blood Money. Sunan Ibn Majah 2/885. And al-Darimi, in: The Chapter on Blood Money for Fingers, from The Book of Blood Money. Sunan al-Darimi 2/194. (12) In B: "qawl ma khalafa". (13) See: Lisan [al-'Arab] (th-gh-r).

السابقمجلد 12 · صفحة 132التالي
السابق12·132التالي