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المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 302فصل

الترجمة · EN

anyone, except that (28) Ibn 'Abbas said to her: 'If either of your parents is alive, then treat them with kindness, and perform as many good deeds as you are able.' (29) As for the statement of Aisha, many of the Companions disagreed with her regarding it. Ali (may Allah be pleased with him) said: 'The sorcerer is a disbeliever.' It is possible that the mudabbarah had repented, so the execution and the disbelief were remitted by her repentance. It is also possible that she had bewitched her in the sense that she went to a sorcerer who performed magic for her.

Section: The prescribed punishment (hadd) for the sorcerer is execution. This was narrated from Umar, Uthman ibn 'Affan, Ibn Umar, Hafsah, Jundab ibn 'Abd Allah, Jundab ibn Ka'b, Qays ibn Sa'd, and Umar ibn 'Abd al-Aziz. This is the opinion of Abu Hanifah and Malik. Al-Shafi'i did not consider him subject to execution merely for the act of magic. This is also the opinion of Ibn al-Mundhir and one of the narrations from Ahmad which we have mentioned previously. The basis for this is that Aisha (may Allah be pleased with her) sold a mudabbarah who had bewitched her; if her execution had been mandatory, her sale would not have been lawful. Furthermore, the Prophet (may Allah bless him and grant him peace) said: 'The blood of a Muslim man is not lawful except for one of three reasons: disbelief after faith, adultery after marriage, or the unlawful killing of a soul.' (30) Since none of the three had occurred, it follows that shedding his blood is not lawful. Our argument is what was narrated by Jundab ibn 'Abd Allah from the Prophet (may Allah bless him and grant him peace), who said: 'The prescribed punishment for the sorcerer is a strike with the sword.' (31) Ibn al-Mundhir said: 'Isma'il ibn Muslim narrated it, and he is weak.' Sa'id and Abu Dawud narrated in their 'Books' (32) from Bajalah, who said: 'I was a scribe for Juz' ibn

الحواشي

(28) Omitted from B. (29) Recorded by al-Bayhaqi in: The Chapter on the Acceptance of the Repentance of the Sorcerer..., from the Book of Qasamah. al-Sunan al-Kubra 8/137. And by Ibn Jarir in: Interpretation of Surah al-Baqarah, verse 102. Tafsir al-Tabari 1/460, 461. (30) Its referencing was provided previously in 3/352. (31) Recorded by al-Tirmidhi in: The Chapter on What Has Been Reported Regarding the Prescribed Punishment for the Sorcerer, from the Chapters on Hudud (prescribed punishments). 'Aridat al-Ahwadhi 6/246. And by al-Daraqutni in: The Book of Hudud, Blood Money, and Others. Sunan al-Daraqutni 3/114. And by al-Bayhaqi in: The Chapter on Deeming the Sorcerer a Disbeliever and Executing Him, from the Book of Qasamah. al-Sunan al-Kubra 8/136. And by al-Hakim in: The Chapter on the Prescribed Punishment for the Sorcerer Being a Strike with the Sword, from the Book of Hudud. al-Mustadrak 4/360. (32) Recorded by Sa'id in: The Comprehensive Chapter on Divorce, from the Book of Divorce. al-Sunan 2/90, 91. We did not find it in the Sunan of Abu Dawud. It was also recorded by al-Bayhaqi in: The Chapter on Deeming the Sorcerer a Disbeliever and Executing Him, from the Book of Qasamah, and in: The Chapter on What Has Been Reported Regarding the Dhimmis..., from the Book of Hudud. al-Sunan al-Kubra 8/136, 247. And by 'Abd al-Razzaq in: The Chapter on Executing the Sorcerer, from the Book of Luqtah. =

السابقمجلد 12 · صفحة 302التالي
السابق12·302التالي