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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 32فصل

الترجمة · EN

occurred in one situation, by a single crime, with both of them exceeding a third, so the 'Aqilah bears them both, like a single blood money.

Section: If the perpetrator is a Dhimmi (a protected non-Muslim), his blood money (al-'aql) is upon his 'asaba (agnatic kin) from among his co-religionists, according to one of the two narrations. This is the opinion of al-Shafi'i. According to the other narration, they do not share blood money (ta'aqul), because the practice of sharing blood money is established in the case of a Muslim contrary to the original principle, as a mitigation for him and a form of assistance, and thus the disbeliever is not to be annexed to him. This is because the Muslim possesses greater sanctity and is more deserving of empathy and assistance than the Dhimmi; for this reason, Zakat was made obligatory upon Muslims as a way to provide for their poor, while it was not made obligatory upon the people of the Dhimma (protected status) for their poor, so it remains in the case of the Dhimmi according to the original principle. The basis for the first narration is that they are 'asaba who will inherit from him, so they bear the blood money on his behalf, just as the 'asaba of the Muslim do from among the Muslims. Neither the Muslim 'asaba inherit from him nor do they bear his blood money, nor do the Harbis (those at war with Muslims), because the bond of mutual protection and support is severed between them. It is possible that they bear it for him if we say that they inherit from him, because they are people of one religion, inheriting from one another. A Jew does not bear the blood money for a Christian, nor a Christian for a Jew, because there is no mutual protection between them, and they are people of two different religions. It is possible that they do share in bearing it, based on the two narrations regarding their mutual inheritance.

Section: If a Jew becomes a Christian or a Christian becomes a Jew, and we say that he is to be allowed to remain in that [new faith], his 'asaba from the people of the religion he converted to bear the blood money for him. As for whether those from whose religion he departed bear it for him, there are two views. If we say he is not allowed to remain, then no one bears the blood money for him, because he is like an apostate, and no one bears the blood money for an apostate, for he is not a Muslim so that the Muslims would bear it for him, nor a Dhimmi so that the people of the Dhimma would bear it for him; rather, his crime is [compensated] from his own wealth. Likewise, for everyone whose 'Aqilah does not bear his crime, its obligation is from his own wealth, like all other crimes that the 'Aqilah does not bear.

Section: If a Dhimmi shot at game, then converted to Islam, and then the arrow hit a human being and killed him, the Muslims do not bear the blood money...

الحواشي

(23) In [copy] B: "al-'aqilah" (the clan). (24) In [copy] B: "wa-bi-hi" (and by him/it). (25) In [copy] B, there is an addition: "'anhu" (for him).

السابقمجلد 12 · صفحة 32التالي
السابق12·32التالي