ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 236فصل

الترجمة · EN

when the time of the year arrives, they might not enter, rendering it impossible to take from them. We argue that it is a right taken from trade wealth, so it should not be taken more than once in a year, just like Zakat and the half-tithe taken from the dhimmi. Their assertion that it might be missed is incorrect; for it is taken from him the first time he enters, and the collector writes down what he has taken from him, so nothing is taken from him until that year passes. When he comes in the second year, it is taken from him at the first instance of his entry. And if he does not enter, then nothing of the right of the first year has been missed.

Section: The people of war (harbis) are not permitted to enter the Abode of Islam without a safe-conduct (aman), because it is not safe that they might enter as spies or thieves, thereby causing harm to the Muslims. If one enters without a safe-conduct, he is questioned; if he says, "I have come as a messenger," his word is accepted, because it is difficult to establish evidence for that, and messengers have always come without prior safe-conduct. If he says, "I have come as a merchant," we examine him: if he has goods with him that he intends to sell, his word is also accepted, and his blood is protected, because it is the established custom for their merchants to enter our lands and for our merchants to enter theirs. If he does not have with him anything to trade, his statement is not accepted, because trade cannot occur without wealth. The same applies to one claiming to be a messenger if he does not have a message to deliver with him, or if he is someone of a status who would not be a messenger. If he says, "A Muslim has granted me safe-conduct," is it accepted from him? There are two views: one is that it is accepted, giving priority to protecting his life, just as it is accepted from a messenger or a merchant. The second is that it is not accepted, because establishing evidence for it is possible. If a Muslim says, "I granted him safe-conduct," his statement is accepted, because he has the authority to grant it, so his word is accepted regarding it, like a judge saying, "I have issued a judgment for so-and-so against so-and-so regarding a right." If he is a spy, the Imam is given a choice regarding him among four options, similar to a captive. If he is someone who lost his way or was brought to us by the wind in a vessel, we have already mentioned his ruling.

1700 - Issue: He said: (And whoever violates the covenant by contradicting anything of what they had been reconciled upon, his blood and wealth become permissible.)

The summary of this is that it is appropriate for the Imam, upon concluding a truce, to stipulate conditions upon them, similar to what was stipulated by

الحواشي

(17) In M there is an addition: "the other". (18) In M: "fa-taʿadhdhar" (it became impossible). (19) Omitted from A. (20) Previously mentioned on page 83.

السابقمجلد 13 · صفحة 236التالي
السابق13·236التالي