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المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 630

الترجمة · EN

He said: Whatever he inherits from so-and-so (2), it is for the poor. They mentioned that he said: "He shall feed ten poor people." Rabi'ah said: "He shall give in charity from it an amount equivalent to Zakat; because the unrestricted is understood according to the custom of the Law, and nothing is obligatory in the Law except the amount of Zakat." On the authority of Jabir ibn Zayd, he said: "If it is a large amount, which is two thousand, he shall give ten in charity; if it is moderate, which is one thousand, he shall give seven; and if it is a small amount, which is five hundred, he shall give five." Abu Hanifah said: "He shall give his entire Zakat-eligible wealth in charity." Regarding other than that, there are two narrations from him: one of them is that he shall give it in charity, and the second is that nothing of it is obligatory upon him. Al-Nakha'i, al-Batti, and al-Shafi'i said: "He shall give his entire wealth in charity," based on the saying of the Prophet (peace and blessings of God be upon him): "Whoever vows to obey God, let him obey Him" (3). And because it is a vow of obedience, so fulfilling it is binding, like a vow of prayer or fasting. Our evidence is the saying of the Prophet (peace and blessings of God be upon him) to Abu Lubabah when he said: "Part of my repentance is to divest myself of my wealth as charity to God and His Messenger." He said: "The third suffices you" (5). On the authority of Ka'b ibn Malik, he said: "I said: O Messenger of God, part of my repentance is to divest myself of my wealth as charity to God and His Messenger." The Messenger of God (peace and blessings of God be upon him) said: "Keep some of your wealth for yourself." Agreed upon (6). And in the narration of Abu Dawud: "The third suffices you." If they say: "This is not a vow; rather, he intended charity with all of it, so the Prophet (peace and blessings of God be upon him) commanded him to limit it to a third of it, [just as he commanded Sa'd when he intended to bequeath all his wealth, to limit it to a bequest of one-third] (7), and this is not the point of contention,"

الحواشي

(2) In [B]: "his father". (3) Its documentation preceded, on page 621. (4) In [B]: "so it is binding upon him". (5) Recorded by Imam Malik, in: Chapter: Comprehensive Book of Oaths, from the Book of Vows. Al-Muwatta 2/481. And Abd al-Razzaq, in: Chapter: He who says 'my wealth is in the path of God', from the Book of Oaths and Vows. Al-Musannaf 8/484. (6) Recorded by al-Bukhari, in: Chapter: If one gives in charity or makes an endowment of some of his wealth..., from the Book of Bequests; and in: Chapter: Surah al-Tawbah, from the Book of Exegesis; and in: Chapter: If he dedicates his wealth by way of vow and repentance, from the Book of Oaths and Vows. Sahih al-Bukhari 4/9, 6/87, 88, 8/175. And Muslim, in: Chapter: The Hadith of the Repentance of Ka'b ibn Malik and his two companions, from the Book of Repentance. Sahih Muslim 4/2127. It was also recorded by Abu Dawud, in: Chapter: Whoever vows to give his wealth in charity, from the Book of Oaths and Vows. Sunan Abi Dawud 2/215. And al-Nasa'i, in: Chapter: If he dedicates his wealth by way of a vow, from the Book of Oaths and Vows. Al-Mujtaba 7/21, 22. And Imam Ahmad, in: Al-Musnad 3/454, 456, 459, 6/389. (7) Dropped from [B]. Refer to [original] source. The Hadith of Sa'd was documented previously, on 6/37.

السابقمجلد 13 · صفحة 630التالي
السابق13·630التالي