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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 239

الترجمة · EN

if I die, do not mutilate my body" (11). Thus, he did not establish the ruling of rebels (bughat) for his act. And because if we were to establish the ruling of rebels for a small number, in terms of dropping the liability for what they destroyed, it would lead to the destruction of people's wealth. Abu Bakr said: There is no difference between the many and the few, and their ruling is the ruling of the rebels when they depart from the grip of the Imam. The third [type]: The Khawarij who declare people disbelievers due to a sin, and declare Uthman, Ali, Talhah, al-Zubayr, and many of the Companions disbelievers, and deem lawful the blood and wealth of Muslims, except for those who came out with them. The apparent view of the jurists among our later colleagues is that they are rebels and their ruling is their ruling. This is the opinion of Abu Hanifah, al-Shafi'i, the majority of jurists, and many of the scholars of Hadith. Malik considers that they should be asked to repent; if they repent, then so be it, otherwise they are to be killed for their corruption, not for their disbelief. A group of scholars of Hadith held that they are disbelievers and apostates; their ruling is the ruling of apostates. Their blood and wealth are permissible. If they secede in a place and have defensive power and strength, they become people of war (ahl harb) like other disbelievers. And if they are in the grip of the Imam, he asks them to repent, like the repentance of apostates; if they repent, then so be it, otherwise their necks are to be struck, their wealth becomes spoils (fay'), and their Muslim heirs do not inherit from them. This is because Abu Sa'id narrated that he heard the Messenger of Allah, peace and blessings of Allah be upon him, say: "There will emerge a people whose prayer you will deem insignificant alongside their prayer, and your fasting alongside their fasting, and your deeds alongside their deeds. They read the Quran, but it does not pass beyond their throats. They pass through the religion as an arrow passes through its prey. One looks at the arrowhead and sees nothing, [and looks at the shaft and sees nothing] (13), and looks at the feathers and sees nothing, and doubts regarding the notch (fuq)" (14). Recorded by Malik in his "Al-Muwatta" and Al-Bukhari in his "Sahih" (15). And it is

الحواشي

(11) Mentioned by Ibn Sa'd in: Al-Tabaqat al-Kubra 3/35, 37. (12) In [B] and [M]: "and are permissible". (13) Omitted from [B]. A critical note. The qidh: the wood of the arrow, or the part between the feathers and the arrow. (14) The fuq: the place of the string on the arrow. Meaning, he doubts whether any blood remained attached to it. (15) Recorded by Malik in: Chapter on what has been said about the Quran, from the Book of the Quran. Al-Muwatta 1/204, 205. And Al-Bukhari in: Chapter on what has been said regarding a man saying "Woe to you", from the Book of Uprightness, and in: Chapter on Killing the Khawarij and the Heretics, and Chapter on Whoever refrains from fighting the Khawarij, from the Book of Requesting Repentance. Sahih Al-Bukhari 8/47, 9/21, 22.

السابقمجلد 12 · صفحة 239التالي
السابق12·239التالي