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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 413

الترجمة · EN

and the compensation [derived] from both of them; if each one of them contributes, it is not permissible and would be gambling, because each one of them cannot avoid either gaining or losing, and it is the same whether what they contribute is equal, such as if each of them contributes ten, or unequal, such as if one of them contributes ten and the other five. If he says: 'If you outstrip me, you have ten against me, and if I outstrip you, I have a qafiz of wheat against you,' it is not permissible for the reason we mentioned. If they introduce a muhallil between them, which is a third party who has not contributed anything, it is permissible. This was the view of Sa'id ibn al-Musayyib, al-Zuhri, al-Awza'i, Ishaq, and the scholars of ra'y (the Hanafi school). Ashhab narrated from Malik that he said regarding the muhallil: 'I do not like it.' It is narrated from Jabir ibn Zayd that it was said to him: 'The companions of the Messenger of Allah (may Allah bless him and grant him peace) did not see any harm in the dakhil (the third party participant).' He replied: 'They were more pious than that.' Our evidence is what Abu Hurayrah (may Allah be pleased with him) narrated that the Prophet (may Allah bless him and grant him peace) said: 'Whoever introduces a horse between two horses, while he is not secured (not guaranteed) that he might win, it is not gambling, and whoever introduces a horse between two horses, and he is secured (guaranteed) that he might win, it is gambling.' Reported by Abu Dawud. He thus deemed it gambling if he is secured that he might win, because neither of them can avoid gaining or losing; but if it is not secured that he might win, it is not gambling, because it is possible for each one of them to be free from that.

الحواشي

(3) In B and M: "baynahuma". (4) Omitted from A. (5) Omitted from M. (6) Omitted from B. (7) In the original and A: "ya'manu". This corresponds to what is in Sunan Ibn Majah. (8) In the original and A: "qimaran". (9) Omitted from B. Transferred view. (10) In: Kitab al-Jihad, Chapter: Regarding the Muhallil. Sunan Abi Dawud 2/28, 29. It was also reported by Ibn Majah, in: Kitab al-Jihad, Chapter: Al-Sabaq wal-Rihan. Sunan Ibn Majah 2/960. And Imam Ahmad, in: Al-Musnad 2/505. In the marginalia of B: Shaykh al-Islam Abu al-Abbas Ibn Taymiyyah said: 'This hadith is among those that the scholars of hadith know is not from the speech of the Prophet (may Allah bless him and grant him peace), but rather it is from the speech of Sa'id ibn al-Musayyib himself...' in a lengthy discourse where he pointed out that Imam Malik mentioned it in al-Muwatta' from Sa'id ibn al-Musayyib himself. See: Kitab al-Jihad, Chapter: What has been reported regarding horses and racing between them... al-Muwatta' 2/468. (11) In M: "ya'manu".

السابقمجلد 13 · صفحة 413التالي
السابق13·413التالي