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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 164فصل

الترجمة · EN

because if he were to make it a mudiha and fracture it, ten [camels] would be mandatory: five for the idah (mudiha) and five for the fracture. Thus, if the fracture is found without the idah, five are mandatory. The second [position] is that a hukuma (discretionary assessment) is mandatory, because it is a bone fracture with no wound along with it, so it resembles a fracture of the bridge of the nose.

Section: If he inflicts two mudihas upon him, fracturing the bone in each of them, and the fractures connect internally, they are two hashimahs; because the fracture is only a consequence of the mudiha. Since they are two mudihas, the fracture is two hashimahs. This is unlike the mudiha, as it is not a consequence of anything else, so they differ.

1506 - Issue; He said: (And in the munaqqilah [there are] fifteen camels, and it is the [wound] that exposes, fractures, and penetrates until it moves its bones.)

The munaqqilah is more than the hashimah; it is that which fractures the bones and displaces them from their places, requiring the bones to be moved in order to heal. In it, there are fifteen camels by the consensus of the scholars, as narrated by Ibn al-Mundhir. In the letter of the Prophet (may the peace and blessings of Allah be upon him) to 'Amr ibn Hazm: "And in the munaqqilah there are fifteen camels." Regarding its details, it is [treated] as in the details of the mudiha and the hashimah, according to what has already passed.

1507 - Issue; He said: (And in the ma'mumah there is one-third of the blood money, and it is that which reaches the skin of the brain, and in the ammah there is the same as that which is in the ma'mumah.)

The ma'mumah and the ammah are one and the same. Ibn 'Abd al-Barr said: The people of Iraq call it: the ammah. And the people of

الحواشي

(7) In the original: "wajabat" (it would become mandatory). (1) In B and M: "khamsah" (five). (2) Its extraction was mentioned previously, on page 5. (1) In the original and B, there is an addition: "wa hiya" (and it is).

السابقمجلد 12 · صفحة 164التالي
السابق12·164التالي