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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 465فصل

الترجمة · EN

by Allah, so the swearing is an oath, like the swearing by Allah the Almighty. The second narration is more correct, if Allah Almighty wills, for obligation comes from the Lawgiver, and there is no text regarding this oath, nor is it analogous to that which is explicitly stated in a text. Indeed, expiation is only binding in swearing by the name of Allah as an act of glorifying His name and demonstrating its nobility and greatness, and this equality is not realized here.

A section: If he says, "I declare lawful wine and adultery if I do [such-and-such]," then he breaks the oath, or he says, "I declare lawful the abandonment of prayer, fasting, or zakat," it is like swearing by freeing oneself from Islam; for declaring these things lawful necessitates disbelief. If he says, "I have disobeyed Allah in what He commanded me," or "in everything He has obligated upon me," or "I have erased the Mus-haf," or "I am stealing," or "I am killing a soul that Allah has forbidden if I do [such-and-such]" and he breaks it, no expiation is binding upon him; because this is less than shirk (polytheism). If he says, "May Allah disgrace him," or "May He cut off his hand," or "May Allah curse him," if he does [such-and-such], then he breaks it, no expiation is binding upon him. Ahmad explicitly stated this, and this is also the opinion of 'Ata', al-Thawri, Abu 'Ubayd, and the People of Opinion. Tawus and al-Layth said: Expiation is binding upon him. Al-Awza'i also held this view if he says, "Upon him is the curse of Allah." Our position is that this does not necessitate disbelief, so it is similar to if he had said, "I have erased the Mus-haf." If he says, "Allah will not see me in such-and-such a place if I do [such-and-such]" and he breaks it, the Qadi said: Expiation is binding upon him, and he mentioned that Ahmad explicitly stated this. The correct view is that there is no expiation in this and the like, because making it obligatory in such a case and those similar to it is an assertion without a text or a valid analogy.

A section: It is not permissible to swear by freeing oneself from Islam, according to the words of the Prophet, may Allah bless him and grant him peace: "Whoever says: 'I am free from Islam,' if he is a liar, he is as he said, and if he is truthful, he will not return to Islam in a sound state." Narrated by Abu Dawud.

1788 - Issue; He said: (Or by forbidding his slave, or anything of his property). The summary of this is that if he says, "This is forbidden for me if I do [such-and-such]," and he does it, or he says, "Whatever Allah has made lawful is forbidden to me,"...

الحواشي

(6) Not in the Original, A, or B. (7) Omitted from B. (8) In A, B, and M: "kaffarah" (expiation). (9) Its authentication was previously mentioned on page 438.

السابقمجلد 13 · صفحة 465التالي
السابق13·465التالي