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المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 363١٧٥٠ - مسألة؛ قال: (وتجزئ البدنة عن سبعة، وكذلك البقرة)

الترجمة · EN

The requirement of the prohibition is obligation, and this refutes the analogy and invalidates it (3). Their hadith is general, while this is specific and must be prioritized; the general [statement] should be applied to [what is other than what] (5) the specific hadith covers. Furthermore, their hadith must be interpreted as applying to a situation other than the one in dispute for several reasons: among them is that the Prophet (peace be upon him) would not perform that which he prohibited, even if it were merely disliked. Allah the Exalted says, informing us about Shu'ayb: "I do not wish to go against you in that which I forbid you" (6). Moreover, the least [status] of a prohibition is that it is disliked, and the Prophet (peace be upon him) would not do such a thing; thus, it is necessary to interpret his action in Aisha's hadith as applying to something else. Additionally, Aisha only knew the outward aspect of what he engaged in with her, or what he did habitually, such as wearing clothes and applying perfume. As for what he did rarely, such as cutting hair and clipping nails—things he would not do except once in a while—it is apparent that she did not intend that in her report (9). Even if it were possible that she intended it, such a possibility is remote, and what is as such, the possibility of its specification [through another text] is near; thus, the slightest evidence is sufficient for it. Our report is strong evidence, so it is more worthy of being [the basis for] specification. Furthermore, Aisha is reporting his [action], and Umm Salamah is reporting his speech, and speech is prioritized over [action; because of the possibility] (11) that his action was specific to him. Once this is established, he shall refrain from cutting hair and clipping nails, and if he does so, he should seek the forgiveness of Allah the Exalted. There is no expiation for it by consensus, regardless of whether he did it intentionally or out of forgetfulness (12).

1750- Issue: He said: (A she-camel satisfies for seven people, and likewise a cow.)

This is the view of the majority of scholars. It has been narrated from Ali, Ibn Umar, Ibn (1) Mas'ud, Ibn

الحواشي

(3) In [B] and [M]: "and invalidates them". (4) In [A], [B], and [M]: "by applying". (5) In [M]: "what is other than it". (6) Surah Hud 88. (7) Omitted from [M]. (8) In [B]: "he engaged in". (9) In [B]: "regarding similar to it". (10) Omitted from [M]. (11) In [M]: "action possibility". (12) In [B]: "erroneously". (1) In the original, [A], and [B]: "and Abu".

السابقمجلد 13 · صفحة 363التالي
السابق13·363التالي