ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 137فصل

الترجمة · EN

a discretionary penalty, because it is an injury that removed its beauty and utility, resembling a case where one stitches his wound with thread, and it heals, then someone cuts the thread, causing the wound to reopen and its healing to be lost. It is possible that nothing is due, because he removed what is not part of his body, resembling a case where he removes a gold nose that the maimed person had placed in the location of his nose.

Section: If someone commits an offense against his tooth and blackens it, two narrations have been reported from Ahmad, may Allah have mercy on him. One of them is that its full blood money is due. This is the apparent meaning of the words of al-Khiraqi. This is also narrated from Zayd ibn Thabit. This was also held by Sa'id ibn al-Musayyib, al-Hasan, Ibn Sirin, Shurayh, al-Zuhri, 'Abd al-Malik ibn Marwan, al-Nakha'i, Malik, al-Layth, 'Abd al-'Aziz ibn Abi Salamah, al-Thawri, and the People of Opinion (Ashab al-Ra'y). It is one of the two opinions of al-Shafi'i. The second narration from Ahmad is that if he removes its utility for chewing and the like, then its blood money is due; if he does not remove its utility, a discretionary penalty is due. This is the opinion of the Qadi, and it is the second opinion of al-Shafi'i, and it is the chosen view among his companions because he did not remove its utility, so its blood money is not complete, just as if it turned yellow. Our argument is that it is the statement of Zayd ibn Thabit, and no opponent is known to him among the Companions, so it is considered a consensus. Also, because he removed the beauty completely, its blood money is completed, just as if one cut the ear of a deaf person or the nose of a person who cannot smell. As for if it turns yellow or red, its blood money is not complete, because he did not remove the beauty completely, and a discretionary penalty is due for it. If it turns green, it is possible that it is like blackening it, because it removes its beauty, and it is possible that only a discretionary penalty is due for it, because the loss of its beauty by blackening it is greater, so nothing else is compared to it, as if he reddened it. According to the opinion of one who makes its blood money mandatory, when it is extracted after being blackened, a third of its blood money or a discretionary penalty is due, based on what we will mention later. According to the opinion of one who does not make anything mandatory for it except a discretionary penalty, its blood money is due upon its extraction, just as if he yellowed it.

الحواشي

(31) In the original and M: "fa-qala'a asnan" (then he extracted the teeth). (32) Recorded by 'Abd al-Razzaq in: The Chapter on the Cracking of a Tooth, from the Book of Diyyat (Blood Money), Al-Musannaf 9/348; and by Ibn Abi Shaybah in: The Chapter on the Tooth if it is Injured and Turns Black, from the Book of Diyyat, Al-Musannaf 9/200.

السابقمجلد 12 · صفحة 137التالي
السابق12·137التالي