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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 487فصل

الترجمة · EN

Allah. He shall not break his oath by drinking or by refraining from it, for the same reasons we mentioned regarding the affirmative case. There is no difference between placing the exception before or after in all of this. So if he says: "By Allah, if Allah wills, I will not drink today," or "I will certainly drink today," (15) and then he does so or refrains, he does not break his oath; because preceding or following the condition is the same. Allah the Almighty says: {If a man dies, having no child, but he has a sister, she shall have half of what he has left. And he shall inherit her if she has no child.} (16)

Section: If he says: "By Allah, I will certainly drink today, if Zayd wills." If Zayd wills it, drinking becomes incumbent upon him; if he refrains until the day passes, he breaks his oath. If Zayd does not will it, the oath is not binding upon him. If Zayd's will is unknown due to absence, insanity, or death, the oath is dissolved, because the condition has not been met. If he says: "By Allah, I will not drink, unless Zayd wills." He has forbidden himself to drink unless Zayd's will is found. If he wills it, he may drink; if he does not will it, he shall not drink. If his will is hidden due to absence, death, or insanity, he shall not drink; if he drinks, he breaks his oath, because he forbade himself from it unless the will is found, so he had no right to drink before its existence. If he says: "By Allah, I will certainly drink, unless Zayd wills." He has obligated himself to drink unless Zayd wills that he not drink, because the exception is the opposite of that from which the exception is made, and that from which the exception is made (17) is an affirmation of his drinking by his oath. Thus, if he drinks before Zayd wills, he fulfills his oath. If Zayd says: "I have willed [that he not] (18) drink," the oath is dissolved, because it was contingent upon the absence of his will to refrain from drinking, and it did not occur, so its condition was not met. If he says: "I have willed that he drink" or "I have not willed that he not drink," the oath is not dissolved, because this is not the willed exception. If his will is hidden, he is bound to drink because he tied the obligation of drinking to the absence of the will, and it is non-existent according to the original state. If he says: "By Allah, I will not drink today, if Zayd wills." If Zayd says: "I have willed that you do not drink," and he drinks, he breaks his oath. If he drinks before his will is expressed, he does not break his oath, because the prohibition of drinking was contingent upon his will, and his will was not established, so the prohibition was not established, unlike the previous case. If his will is hidden, it is in the status of being non-existent. In these instances, 'will' means that he speaks it with his tongue.

الحواشي

(15) Omitted from: the original, M. (16) Surah An-Nisa: 176. (17) Omitted from: B, M. (18) In the original, A, B: "unless."

السابقمجلد 13 · صفحة 487التالي
السابق13·487التالي