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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 587

الترجمة · EN

all of them, because he performed what he explicitly swore to abandon. The second: that its attribute changes, [and this is divided into] five categories. The first is that its parts undergo a transformation and its name changes, such as if he swears: "I will not eat this egg," and it becomes a chick, or "I will not eat this wheat," and it becomes a crop and he eats it. In this case, he does not break his oath because its name has vanished and its parts have transformed. By analogy to this is if he swears: "I will not drink this wine," and it becomes vinegar, then he drinks it. The second category is that its attribute changes and its name vanishes, while its parts remain, such as if he swears: "I will not eat these fresh dates," and they become dried dates; or "I will not speak to this child," and he becomes an old man; or "I will not eat this lamb," and it becomes a ram; or "I will not eat these fresh dates," and they become date syrup, vinegar, or Natif (a type of confection), or other sweets; or "I will not eat this wheat," and it becomes flour, parched barley meal, bread, or porridge; or "I will not eat this dough," or "this flour," and it becomes bread; or "I will not eat this milk," and it becomes whey, cheese, or dried curd; or "I will not enter this house," and it becomes a mosque, a bathhouse, or an open space, then he enters it and eats it. In all these cases, he breaks his oath. Abu Hanifa said this regarding the case where he swears: "I will not speak to this child," and he becomes an old man; and: "I will not eat this lamb," and it becomes a ram; and: "I will not enter this house," and he enters it after its change. Abu Yusuf said the same regarding wheat if it becomes flour. Al-Shafi'i has two views regarding fresh dates if they become dried dates, a child if he becomes an old man, and a lamb if it becomes a ram. In the remaining cases, they said: He does not break his oath because the name of the thing sworn upon and its form have vanished, so he does not break his oath, just as if he swore not to eat this egg and it became a chick. Our argument is that the essence (ayn) of the thing sworn upon remains, so he breaks his oath by it, just as if he swore: "I will not eat this lamb," and he ate its meat; or "I will not wear this...

الحواشي

(2) In M: "and this is divided". (3) In M: "nor". (4) Omitted from M. (5) In M: "eat". (6) Al-Natif: A type of confection made from walnuts, almonds, and pistachios. (7) In M: "and". (8) Whey of milk: When one places it in a vessel of wicker, cloth, or the like, until its water drips out. (9) In M: "or he ate it".

السابقمجلد 13 · صفحة 587التالي
السابق13·587التالي