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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 636

الترجمة · EN

the three, and there are two narrations from al-Nakha'i; one of them is like the opinion of Ibn 'Umar, and the second is like the opinion of Ibn 'Abbas. This is also the opinion of Malik. Abu Hanifah said: A sacrifice (hady) is binding upon him, whether he is unable to walk or is capable of it, and the minimum sacrifice is a sheep. Al-Shafi'i said: Expiation is not binding upon him while incapable in any case, unless the vow was to walk to the Sacred House of God (6), then is a sacrifice binding upon him? There are two opinions regarding it. As for other than that, nothing is binding upon him when he is incapable. Our evidence is the statement of the Prophet, peace and blessings of God be upon him, [when he said] (7) to the sister of 'Uqbah ibn 'Amir when she vowed to walk to the House of God: "Let her walk, let her ride, and let her perform the expiation for her oath" (8). In one narration: "And let her fast (9) three days." And the statement of the Prophet, peace and blessings of God be upon him: "The expiation of a vow is the expiation of an oath" (10). And because walking is not something made obligatory by Ihram, therefore a blood sacrifice (dam) does not become obligatory by omitting it, just as if one vowed to pray two units (rak'atayn) and then omitted them. The report regarding the sacrifice is weak, and this is an argument against al-Shafi'i, as he made the expiation obligatory upon her [without mentioning] (11) incapacity. If it is said: "The Prophet, peace and blessings of God be upon him, made the expiation obligatory upon her without mentioning incapacity," we say: It must be understood as referring to a state of incapacity, because walking is an act of drawing near to God (qurba), as it is walking to an act of worship, and walking to an act of worship is superior. This is why it is narrated that the Prophet, peace and blessings of God be upon him, never rode in an 'Eid prayer or for a funeral (12). Had she been capable of walking, he would have commanded her to do so and would not have commanded her to ride and perform expiation. Moreover, walking while capable cannot be anything other than either obligatory or permissible; if it were obligatory, fulfilling it is binding, and if it were permissible, expiation would not be required for omitting it according to al-Shafi'i, yet he has made expiation obligatory here. The omission of its mention in the Hadith is either because the Prophet, peace and blessings of God be upon him, knew of her condition and her incapacity, or because the apparent state of a woman is incapacity to walk to Mecca. Or it may be that it was mentioned in the report, but the narrator omitted its mention. As for the companions of Abu Hanifah saying that she failed to perform a duty during Hajj, we say: Walking is not made obligatory by Ihram, nor is it one of its rites (manasik), so no sacrifice becomes obligatory by omitting it, just as if one vowed to pray two units during Hajj and then did not pray them. As for if he omits walking while being able to do so,

الحواشي

(6) Omitted from [M]. (7) Omitted from [B]. (8) Its authentication preceded on page 626. (9) In [M]: "fal-tasum" (let her fast). (10) Its authentication preceded on page 624. (11) In [B]: "ma'a" (with). (12) Its authentication preceded in 3/168.

السابقمجلد 13 · صفحة 636التالي
السابق13·636التالي