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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 308١٥٥١ - مسألة؛ قال أبو القاسم، رحمه الله: (وإذا زنى الحر المحصن، أو الحرة المحصنة، جلدا ورجما حتى يموتا، في إحدى الروايتين عن أبى عبد الله، رحمه الله، والرواية الأخرى، يرجمان ولا يجلدان)

الترجمة · EN

There is no benefit in its attribution here that we know of, except the consideration of previous marriage (thuyuba), and because it mentioned two punishments, one of which is harsher than the other, so the harsher one was for the previously married (thayyib) and the other for the virgins (abkar), like stoning and flogging. Then, this was abrogated by what Ubadah ibn al-Samit narrated, that the Prophet (may Allah bless him and grant him peace) said: "Receive from me, receive from me: Allah has ordained a way for them. The virgin with the virgin is one hundred lashes and banishment for a year, and the previously married with the previously married is one hundred lashes and stoning." Reported by Muslim and Abu Dawud (8). If it is said: How can the Quran be abrogated by the Sunnah? We say: Some of our companions have held the view that it is permissible because all of it is from Allah, even if its path differs (9). Those who forbade that said: This is not abrogation; rather, it is an interpretation of the Quran and an explanation of it, because abrogation is the removal of a ruling whose apparent meaning is general. As for that which was conditioned upon a condition (10) and the condition ceased, it is not abrogation. Here, Allah the Exalted conditioned their confinement [until] (11) Allah (12) ordains a way for them, so the Sunnah clarified the way, and thus it was an explanation, not an abrogation. It is also possible to say that its abrogation occurred through the Quran, for the flogging is in the Book of Allah the Exalted, and stoning was in it; its text (rasm) was abrogated while its ruling remained.

1551 - Issue: Abu al-Qasim, may Allah have mercy on him, said: (If the free, previously married man or the free, previously married woman commits adultery, they are both flogged and stoned until they die, according to one of the two narrations from Abu Abd Allah, may Allah have mercy on him. And in the other narration, they are stoned and not flogged).

الحواشي

(8) Reported by Muslim, in: The Chapter on the Punishment for Adultery, from the Book of Prescribed Punishments (Hudud). Sahih Muslim 3/1316, 1317. And Abu Dawud, in: The Chapter on Stoning, from the Book of Prescribed Punishments. Sunan Abi Dawud 2/455. It was also reported by Al-Tirmidhi, in: The Chapter on What Has Been Said Regarding Stoning for the Previously Married, from the Chapters of Prescribed Punishments. 'Aridat al-Ahwadhi 6/29, 210. And Ibn Majah, in: The Chapter on the Punishment for Adultery, from the Book of Prescribed Punishments. Sunan Ibn Majah 2/852. And Al-Darimi, in the Chapter on the Explanation of the Saying of Allah the Exalted: "...or Allah ordains for them a way", from the Book of Prescribed Punishments. Sunan al-Darimi 2/181. And Imam Ahmad in: Al-Musnad 3/476, 5/318, 320, 327. (9) In [B] and [M]: "their paths". (10) In [B] and [M]: "conditions". (11) Omitted from: the original. (12) Not present in: [B] and [M].

السابقمجلد 12 · صفحة 308التالي
السابق12·308التالي