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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 12 · صفحة 535فصل

الترجمة · EN

[for they would take] the wealth of everyone, one by one; and likewise others.

Section: If a man finds a man committing adultery with his wife and kills him, there is no retaliation (qiṣāṣ) against him, nor is there blood money (diya); for it is narrated that Umar, may Allah be pleased with him, was eating one day when a man came running, with a naked sword stained with blood. He came and sat with Umar and began to eat. Then a group of people came and said: "O Commander of the Faithful, this man killed our companion while he was with his wife." Umar said: "What do these people say?" He replied: "The other person struck my wife's thighs with the sword; if there was anyone between them, he surely killed him." Umar said to them: "What do they say?" They said: "He struck with his sword and severed his wife's thighs, and it hit the man in the middle, cutting him in two." Umar said: "If they return, then you return (i.e., strike again)." Narrated by Hushaym, from Mughira, from Ibrahim. Sa'id extracted it. If the woman was a willing participant, there is no liability upon him regarding her, but if she was forced, he is subject to retaliation. If he kills a man and claims that he found him with his wife, but the guardian (wali) of the deceased denies that, the statement of the guardian is to be accepted; because it is narrated that Ali, may Allah be pleased with him, was asked about a man who entered his house and found a man with his wife, so he killed her and him. Ali said: "If he produces four witnesses, otherwise let him pay for him with his own self." And because the basic principle is the non-existence of what he claims, so the ruling of murder is not dropped by mere claim. There is a difference of opinion regarding the evidence (bayyina); it was narrated that it is four witnesses, based on the report of Ali and what Abu Hurayra narrated, that Sa'd said: "O Messenger of Allah, what if I found a man with my wife, should I wait until I bring four witnesses?" The Prophet, peace and blessings be upon him, said: "Yes." And it was narrated that it suffices...

الحواشي

(19) In the original: "fa-ya'khudhūn" (then they take). (20) Omitted from: the original. (21) Previously cited, in: 11/462. (22) Omitted from: M. (23) In the original, A: "aw qatalahu" (or he killed him). (24) Its takhrij (citation) was previously provided, in: 11/461. (25) Reported by Muslim, in: The Book of Lian (Imprecation), Sahih Muslim 2/1135, 1136. And Abu Dawud, in: The Chapter on He Who Finds a Man with His Wife, Should He Kill Him?, from the Book of Blood Money, Sunan Abi Dawud 2/488. And Imam Malik, in: The Chapter on He Who Finds a Man with His Wife, from the Book of Judicial Decisions, and in: The Chapter on What Has Been Reported Regarding Stoning, from the Book of Hadd Punishments, Al-Muwatta 2/737, 823. And Imam Ahmad, in: Al-Musnad 2/465.

السابقمجلد 12 · صفحة 535التالي
السابق12·535التالي