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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 241

الترجمة · EN

reconcile with them on the condition that some of the city is theirs, and the location of the churches and synagogues is specified. It is better to reconcile with them on the terms that Umar, may God be pleased with him, reconciled with them, and to stipulate upon them the conditions mentioned in the document of Abd al-Rahman ibn Ghanm: that they shall not initiate a synagogue, a church, a monk's cell, or a hermitage. If the peace treaty is concluded unconditionally and without stipulations, it is interpreted according to what the treaty of Umar entailed, and they are held to its conditions. As for those with whom Umar reconciled and concluded the dhimma (covenant of protection), they are bound by all the conditions in the document of Abd al-Rahman ibn Ghanm. Whatever is found in the lands of the Muslims of churches and synagogues remains as it was in the time of those who conquered it and those who came after them. Every place we have stated it is permissible to leave intact, it is not permissible to demolish; they are permitted to repair what has become dilapidated and to maintain it, because forbidding that leads to its ruin and disappearance, and it therefore takes the same status as demolishing it. If it falls down completely, it is not permissible to rebuild it. This is the opinion of some of the followers of al-Shafi'i. From Ahmad, there is a view that it is permissible. This is the opinion of Abu Hanifa and al-Shafi'i, because it is a rebuilding of what has fallen into ruin, so it is similar to building a part of it if it falls down, or repairing its dilapidation, and because its continued existence is permissible, so its rebuilding is like its continued existence. Al-Khallal interpreted the opinion of Ahmad that 'they may build what has fallen into ruin' as referring to when a part of it falls, and his prohibition of building what has fallen into ruin as referring to [when] it has all fallen, thus reconciling between the two narrations. As for us, in the document of the people of al-Jazira to Iyad ibn Ghanm, it is stated: 'And we shall not renew what has gone to ruin of our churches.' Qathir ibn Murrah narrated: I heard Umar ibn al-Khattab say: The Messenger of God, peace and blessings of God be upon him, said: "A church shall not be built in Islam, nor shall what has gone to ruin of it be renewed." Also, because this is the building of a church in the Abode of Islam (Dar al-Islam), so it is not permissible, just as if its building were initiated from scratch. It differs from repairing [what has become dilapidated]; for that is preservation and continuation, whereas this is initiation.

الحواشي

(24) In M, there is an addition: "with them". (25) In M: "with us" is an error. (26) Omitted from the original and M. (27) In M: "if it". (28) Thus it is in the copies. "Abd al-Rahman" was mentioned previously on page 237. Iyad is also mentioned in the context of the Jizya, though in a place other than this. See: Al-Amwal, p. 43. The account of Iyad ibn Ghanm with the people of al-Jazira is in: Tarikh al-Tabari 4/53-55. (29) Mentioned by al-Suyuti in Al-Jami' al-Kabir 1/880 and attributed to al-Daylami and Ibn Asakir. (30) In B: "li-kanisa" (for a church). (31) In M: "sha'atha" (its dilapidation).

السابقمجلد 13 · صفحة 241التالي
السابق13·241التالي