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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 638فصل

الترجمة · EN

Section: If one vows to walk to the House of God, or to ride to it, and he does not intend thereby the literal act of walking or riding, but rather only intends reaching it, then he is required to reach it by performing a Hajj or 'Umrah. Neither walking nor riding becomes specifically binding upon him, because he intended that by his vow, and the wording is susceptible to it, so it is similar to the case where he states it explicitly. If he vows to come to the Sacred House of God, or to go to it, he is required (16) to reach it by performing a Hajj or 'Umrah. Abu Hanifah says: Nothing is binding upon him, because mere arrival at it is not an act of drawing near to God (qurba) or an act of obedience. Our argument is that he has conditioned his vow upon reaching the House, so it is binding upon him, just as if he were to say: "I have vowed to God to walk to the Ka'bah." Once this is established, he is given the choice between walking and riding. The same applies if he vows to perform Hajj to the House or to visit it, because Hajj is achieved by either of the two, so neither is specifically binding. If he says: "I have vowed to God to come to the Sacred House without performing Hajj or 'Umrah," then Hajj and 'Umrah become binding upon him, and the condition he set [for not performing them] is dropped. This is one of the two opinions of the companions of al-Shafi'i, because his statement "I have vowed to God to come to the House" necessitates a Hajj or 'Umrah, and the condition to drop that contradicts his vow, so its ruling is voided.

Section: If one vows to walk to the Sacred Territory (al-Haram) or a portion of it, such as al-Safa and al-Marwah, Mount Abu Qubays, or a location within the Sacred Territory, a Hajj or 'Umrah becomes binding upon him. Ahmad explicitly stated this, and al-Shafi'i said the same. Abu Hanifah said: Nothing is binding upon him unless he vows to walk to the Ka'bah or to Makkah. Abu Yusuf and Muhammad said: If he vows to walk to the Sacred Territory or the Sacred Mosque, it is like our opinion, but in all other cases, it is like the opinion of Abu Hanifah. Our argument is that he has vowed to walk to a location within the Sacred Territory, which is similar to a vow to Makkah. However, if he vows to walk to a place outside the Sacred Territory, such as 'Arafah, the stations of Ihram, or elsewhere, it is not binding upon him, and it is treated like a vow to perform something permissible. Likewise, if he vows to reach a mosque other than the three [sacred] mosques, he is not required to reach it. If he vows to pray in it, the prayer becomes binding (17) upon him, but not the walking; so in whatever place he prays, it suffices him, because prayer is not specific to one place over another, thus the prayer is binding upon him but not the location. We are not aware of any disagreement regarding this, except from al-Layth, who said: If one vows a prayer or a fast in a specific location, he is required to perform it in that location, and if he vows to walk to a mosque, he must walk to it. Al-Tahawi said: None of the jurists have agreed with him on this.

الحواشي

(16) In [B]: "yalzamuhu" (it is binding upon him). (17) In [M]: "lazimahu" (it became binding upon him). (18) In [M]: "wa-man" (and whoever).

السابقمجلد 13 · صفحة 638التالي
السابق13·638التالي