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مجلد 13 · صفحة 578١٨٤٠ - مسألة؛ قال: (ولو حلف أن لا يشرب ماء هذا الإناء، فشرب بعضه، حنث، إلا أن يكون أراد أن لا يشربه كله)

الترجمة · EN

that he will eat this food at this time, and he begins to eat it at that time, but finishing it is delayed due to its large quantity, he does not break his oath; because eating all of it is not possible in this short time, so his oath was upon beginning it at that time, or upon the concurrence of his action with that time, out of knowledge of the inability to do otherwise. The school of al-Shafi'i regarding all of this is as we have mentioned.

1840 - Issue; he said: (If he swears that he will not drink the water of this vessel, and he drinks some of it, he breaks his oath, unless he intended that he would not drink all of it).

The totality of this is that if he swears that he will certainly do something, he does not fulfill his oath unless he does all of it. If he swears that he will not do it, and he leaves it unqualified, and he does part of it, there are two narrations [in this regard], the mention of which has already preceded. If he intended doing all of it, or if there is in his oath that which indicates this, he does not break his oath unless he does all of it. If he intended doing part of it, or if there is in his oath that which indicates this, he breaks his oath by doing part of it, based on one narration. So if he swears that he will not drink the water of this vessel, and he drinks part of it, does he break his oath by doing so? There are two narrations regarding this. If he swears: "I will not drink the water of the Tigris," or "the water of this river," he breaks his oath by drinking the smallest amount of it; because drinking all of it is impossible without his oath, so there is no need to emphasize the prohibition with his oath, thus his oath is diverted to forbidding himself from that which is possible to perform, which is drinking part of it, just as if he had sworn: "I will not drink water." And this is what Abu Hanifa said. The companions of al-Shafi'i said: If he swears regarding a generic noun [jins], such as people, water, bread, dates, and the like, he breaks his oath by doing part of it. If his oath covers a collective [jam'], such as Muslims, polytheists, or the poor, he does not break his oath by doing part of it. And if it covers a genitive generic noun, such as "the water of the river" or "the water of the Tigris," there are two views regarding it.

الحواشي

(24) Omitted from: the original and A. (25) In B: "the teacher". (1) In B and M: "if". (2) Omitted from: M. (3) In M: "drinks". (4) In M: "the collective". (5) In B and M: "is added".

السابقمجلد 13 · صفحة 578التالي
السابق13·578التالي