ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 538فصل

الترجمة · EN

in accordance with its meaning based on what we have mentioned, [for it indicates that he has a choice regarding each poor person to either feed him or clothe him, and this necessitates what we have mentioned]. It becomes like the choice one has regarding the game of the Sacred Precinct (Haram) between redeeming it with a counterpart, or valuing the counterpart in dirhams and buying food with them to give as charity, or fasting one day for each mudd. If he were to fast for some of the mudds and feed for others, [it would be permissible, and likewise] here. Similarly, with blood money (diyah), when one is given the choice between paying one thousand dinars or twelve thousand dirhams, if he gives some in gold and some in dirhams, it is permissible. This differs from the case where one emancipates half a slave and feeds five [people] or clothes them; [because halving the emancipation] compromises the other, for reasons we will mention hereafter.

Section: If he feeds the poor person some food and clothes him with some clothing, it does not suffice him, because he did not feed him the food obligated for him, nor did he clothe him with the clothing obligated. Thus, he becomes like someone who did not feed him anything and did not clothe him. If he feeds some of the poor people wheat, and others dates, or from another category, it suffices. Al-Shafi'i said: It does not suffice him. Our position is the statement of the Exalted: "...its expiation is the feeding of ten poor people." He has fed them from the category of what is obligated upon him. Furthermore, if he were to clothe some of the poor with cotton and others with linen, it would be permissible, despite the difference in type, and likewise with feeding.

1824 - Issue: He said: (And if he emancipates the two halves of two slaves, or the two halves of two slave women, or half of a slave and [half of] a slave woman, it suffices him.)

Sharif Abu Ja'far said: This is the opinion of most of them, meaning most of the jurists. Abu Bakr ibn Ja'far said: It does not suffice, because the intent of emancipation is the completion of the legal status, and this is not achieved by emancipating two halves. The companions of Al-Shafi'i differed into three views; some of them said [like the statement of Al-Khiraqi, some of them said like the statement of Abu Bakr, and some of them said]: If half of the slave is free,

الحواشي

(10) Omitted from: The original, B. Textual note. (11) In M: "yukhayyaru" (he is given the choice). (12) In B: "bihi" (with it). (13) In M: "ajza'a kadhalika" (it suffices likewise). (14) Omitted from: The original. (1) In M: "wa-in" (and if). (2) In M: "nisfay" (two halves). (3) Omitted from: B. Textual note.

السابقمجلد 13 · صفحة 538التالي
السابق13·538التالي