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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 90فصل

الترجمة · EN

with a wager, it was only permitted for three things and nothing else because they are the tools of Jihad. Thus, taking a wager (rahn) in racing with them was permitted as an incitement to train them and learn proficiency in them. No more than the share of a pack horse (birdhaw) is added, because it is inferior to it. No share is assigned for it unless it is present at the battle and it is capable of being fought upon. As for these heavy camels which are only suitable for carrying, their rider is entitled to nothing because they do not charge or retreat; their rider is in a lower status than a foot soldier. Abu al-Khattab chose the view that no share is assigned for it under any circumstances, and this is the opinion of most scholars. Ibn al-Mundhir said: All the scholars I have memorized from are in agreement that whoever raids on a camel is entitled to the share of a foot soldier. The same was stated by al-Hasan, Makhul, al-Thawri, al-Shafi'i, and the jurists of the school of opinion (Ashab al-Ra'y). This is the correct view, Allah willing, because it was not reported from the Prophet (peace be upon him) that he assigned shares to animals other than horses, even though there were seventy camels with him on the day of Badr, and not one of his expeditions was devoid of camels; rather, they were the majority of their mounts. Yet it was not reported that he assigned shares for them. If he had assigned shares for them, it would have been reported. Likewise, those who came after the Prophet (peace be upon him), from his Caliphs and others, despite the multitude of their expeditions, it is not reported from any of them, to our knowledge, that they assigned a share for a camel. If he had assigned a share for a camel, it would not have been hidden. Furthermore, its owner is not capable of charging and retreating, so no share is assigned for it, just like a mule or a donkey.

Section: Anything other than horses and camels, such as mules, donkeys, elephants, and others, is not assigned a share, without disagreement, even if their utility is great and they take the place of horses, because the Prophet (peace be upon him) did not assign a share for them, nor did any of his Caliphs, and because they are among those for which racing for a wager is not permissible, so no share is assigned for them, like cattle.

Section: It is incumbent upon the Imam to inspect the horses upon entering the battle, so he should not allow any except...

الحواشي

(2) In A: "tool (ala)". (3) In M: "status (hal)". (4) In M: "the jurists (al-fuqaha)". (5) Omitted from: the original, A. (6) In A: "for it (lahu)". (7) In A: "and the donkey". (8) In A: "a share (sahm)".

السابقمجلد 13 · صفحة 90التالي
السابق13·90التالي