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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 419

الترجمة · EN

Allah be pleased with them. The seven jurists, Umar ibn Abd al-Aziz, al-Awza'i, al-Shafi'i, and Ibn al-Mundhir all held this view based on the hadith of Aisha (may Allah be pleased with her) that the Messenger of Allah (may Allah bless him and grant him peace) said: "There is no cutting (17) except for a quarter of a dinar or more." Uthman al-Batti said: The hand is cut (18) for a dirham or more. From Abu Hurayrah and Abu Sa'id, it is reported that the hand is cut for four dirhams or more (19). From Umar, it is reported that the hand is not cut except for five (20). This is the opinion of Sulayman ibn Yasar, Ibn Abi Layla, and Ibn Shubruma. This is also narrated from al-Hasan. Anas said: Abu Bakr cut the hand for a shield (mijan) valued at five dirhams. Al-Jawzajani recorded this with his chain of narration. Ata, Abu Hanifa, and his companions said: The hand is not cut except for a dinar or ten dirhams, based on what Hajjaj ibn Artah narrated from Amr ibn Shu'ayb, from his father, from his grandfather, from the Prophet (may Allah bless him and grant him peace), that he said: "There is no cutting (17) except for ten dirhams" (21). Ibn Abbas also reported that the Messenger of Allah (may Allah bless him and grant him peace) cut the hand of a man for a shield valued at a dinar or ten dirhams (22). Regarding al-Nakha'i, it is reported: The hand is not cut except for forty dirhams. Our argument is what Ibn Umar narrated, that the Messenger of Allah (may Allah bless him and grant him peace) cut the hand for a shield worth three dirhams. This is agreed upon (23). Ibn Abd al-Barr said: This is the most authentic hadith narrated on this subject, and there is no disagreement among the people of knowledge regarding it.

الحواشي

(16) In (B): "And from Umar". (17) In (B): "is cut". (18) Omitted from: The original text. (19) Recorded by al-Bayhaqi in: The Chapter on what has been narrated from the Companions (may Allah be pleased with them) regarding that for which cutting is mandatory, from the Book of Theft. Al-Sunan al-Kubra 8/262. And Ibn Abi Shaybah in: The Chapter on the thief, from those who said: He is cut for less..., from the Book of Penalties. Al-Musannaf 9/471. (20) Recorded by al-Daraqutni in: The Book of Penalties, Blood Money, and others. Sunan al-Daraqutni 3/186. And al-Bayhaqi in: The Chapter on what has been narrated from the Companions (may Allah be pleased with them) regarding that for which cutting is mandatory, from the Book of Theft. Al-Sunan al-Kubra 8/262. And Ibn Abi Shaybah in: The Chapter on the thief, from those who said: He is cut for less..., from the Book of Penalties. Al-Musannaf 9/472. (21) Recorded by Imam Ahmad in: Al-Musnad 2/204. And al-Daraqutni in: The Book of Penalties, Blood Money, and others. Sunan al-Daraqutni 3/192, 193. (22) Recorded by Abu Dawud in: The Chapter on that for which the thief is cut, from the Book of Penalties. Sunan Abi Dawud 2/449. (23) Recorded by al-Bukhari in: The Chapter on the saying of Allah the Exalted: {As for the thief, both male and female...}, from the Book of Penalties. Sahih al-Bukhari 8/200.

السابقمجلد 12 · صفحة 419التالي
السابق12·419التالي