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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 424فصل

الترجمة · EN

is of the same category as that which is not treated as wealth, so it resembles water. The second [opinion] is that the cutting punishment applies to it, because it is customarily treated as wealth and is transported to cities for trade, so it resembles Indian aloeswood. There is no cutting for stealing dung (sarjin), because if it is impure, it has no value, and if it is pure, it is not customarily treated as wealth, nor is there significant desire for it, so it resembles soil intended for building. As for things made from soil, such as mud bricks and pottery, the cutting punishment applies to them because they are customarily treated as wealth.

Section: For other types of property beyond this, the cutting punishment applies, regardless of whether it is food, clothing, animals, stones, reeds, game, lime, gypsum, arsenic, spices, pottery, glass, or other items. This is the opinion of Malik, al-Shafi'i, and Abu Thawr. Abu Hanifa said: There is no cutting for a thief of fresh food that quickly spoils, such as fruits and cooked dishes, based on the saying of the Messenger of Allah (may Allah bless him and grant him peace): "There is no cutting for fruit nor for the pith (kathar)." This was narrated by Abu Dawud. Also, because this is exposed to decay, it resembles property that has not been secured (hirz). There is no cutting for anything whose origin was permissible (mubah) in the land of Islam, such as game and wood, except for teak, ebony, sandalwood, canes, and items crafted from wood, for which there is a cutting. For anything else, there is no cutting, because it is frequently found as permissible [property] in the land of Islam, so it resembles soil. There is no cutting for horns, even if they are crafted, because the craftsmanship does not predominate over them; rather, the value belongs to the material itself, unlike items crafted from wood. In his view, there is no cutting for spices, lime, gypsum, arsenic, salt, stones, mud bricks, pottery, and glass. Al-Thawri said: There is no cutting for what spoils on the same day, such as tharid (a broth-based dish) and meat. Our position is the generality of His saying, the Almighty:

الحواشي

(45) Al-sarjin: manure. (46) Al-kathar: with the sakin (no vowel) or with a vowel: the palm heart (jammar) or its spathe (tal'). (47) In: The chapter on that for which there is no cutting, from the Book of Penalties (Kitab al-Hudud). Sunan Abi Dawud 2/449. It was also recorded by al-Tirmidhi, in: The chapter on what has been said regarding there being no cutting for fruit or pith, from the chapters on theft. 'Aridat al-Ahwadhi 6/229, 230; and al-Nasa'i, in: The chapter on that for which there is no cutting, from the Book of Cutting for the Thief. Al-Mujtaba 8/80, 81; and Ibn Majah, in: The chapter on not cutting for fruit or pith, from the Book of Penalties. Sunan Ibn Majah 2/865; and al-Darimi, in: The chapter on what is not to be cut for regarding fruits, from the Book of Penalties. Sunan al-Darimi 2/174; and Imam Malik, in: The chapter on that for which there is no cutting, from the Book of Penalties. Al-Muwatta 2/839; and Imam Ahmad in: Al-Musnad 3/464, 4/140, 142. (48) In the original: "yataharras" (he is secured).

السابقمجلد 12 · صفحة 424التالي
السابق12·424التالي