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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 590فصل

الترجمة · EN

Section: If he swears not to eat fresh dates (rutab), and he eats a "munassaf"—which is that which is partially unripe dates (busr) and partially ripe dates (tamr)—or a "mudhannab"—which is that in which the ripening has begun from its tail while the rest of it is unripe—or he swears not to eat unripe dates (busr) and eats that, he breaks his oath. This is the opinion of Abu Hanifah, Muhammad, and Al-Shafi'i. Abu Yusuf and some followers of Al-Shafi'i said: He does not break his oath, because it is not called strictly fresh dates (rutab) nor unripe dates (busr). Our argument is that he has eaten both fresh dates (rutab) and unripe dates (busr), so he breaks his oath, just as if he had eaten half a fresh date and half an unripe date separately. What they mentioned is not correct, for the portion that has ripened is fresh dates (rutab), and the rest is unripe dates (busr). If he had sworn not to eat fresh dates (rutab) and ate the portion that had ripened from the munassaf, he would break his oath; and if he had sworn not to eat unripe dates (busr) and ate the unripe dates within the munassaf, he would break his oath. If one whose oath was regarding fresh dates (rutab) eats the unripe portion, and one whose oath was regarding unripe dates (busr) eats the fresh portion, neither of them breaks his oath. If one person swears that he will eat fresh dates (rutab) and another swears that he will eat unripe dates (busr), and the one who swore to eat fresh dates (rutab) eats the fresh dates found in the munassaf, while the other eats the remainder, both fulfill their oaths. If one swears that he will eat a fresh date or an unripe date, or that he will not eat that, and he eats a munassaf, he neither fulfills nor breaks his oath, because it contains neither a whole fresh date nor a whole unripe date.

Section: If he swears not to eat milk, and he eats from the milk of livestock, game animals, or human milk, he breaks his oath, because the name applies to it both literally and by custom. It is the same whether it is fresh, curdled, liquid, or solidified, because all of it is milk. He does not break his oath by eating cheese, clarified butter (samn), whey, dried yogurt (aqit), kashk, or similar items. If he eats butter (zubd), he does not break his oath. This is stated explicitly. The Qadi said: It is possible to say regarding butter that if milk is evident in it, he breaks his oath by eating it, otherwise he does not, just as we said regarding someone who swears not to eat clarified butter (samn) and eats a dish (khabis) containing it. This is the school of Al-Shafi'i. If he swears not to eat butter (zubd) and eats clarified butter (samn) or milk in which the butter is not evident, he does not break his oath. If the butter is evident in it, he breaks his oath. If he eats cheese, he does not break his oath, and the same applies to all else that is made from milk.

الحواشي

(1) In A, B, and M: "tamr". (2) In M: "the half". (3) In M: "the fresh date". (4) In the manuscripts: "all of them". (5) Omitted from: M.

السابقمجلد 13 · صفحة 590التالي
السابق13·590التالي