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مجلد 14 · صفحة 125١٨٨٢ - مسألة؛ قال: (ولا يقبل فى الزنى إلا أربعة رجال عدول أحرار مسلمين)

الترجمة · EN

And it bears two meanings; one of them is that the writer is the subject (fa'il); meaning: the writer and the witness should not harm the one who calls upon them by refusing to answer, or by writing what was not requested to be written, or bearing witness to what was not requested to be testified. The second is that "yudarr" (harm) is in the passive voice, and thus its meaning and the meaning of the active voice (fath) are the same; meaning: the writer and the witness should not be harmed by being kept away from their occupation with writing and witnessing, or being prevented from their own needs. The derivation of the word shahada (testimony) comes from mushahada (observing/witnessing) because the witness informs about what he has observed. It is also said: because the witness, through his report, makes the judge like the one who has observed the person against whom testimony is given. It is called bayyina (proof/evidence) because it clarifies what was ambiguous and uncovers the truth regarding what was disputed.

1882 - Issue: He said: "And nothing is accepted in adultery (zina) except four just, free, Muslim men."

Muslims have reached a consensus that no less than four witnesses are accepted in adultery. Allah Almighty has ordained this in His saying, Exalted is He: "Why did they not produce four witnesses? And since they did not produce the witnesses, then they are the liars in the sight of Allah" (Qur'an 24:13), and in other verses. It has been narrated from the Prophet (peace and blessings of Allah be upon him) that he [said: "Four, otherwise a prescribed punishment (hadd) is upon your back," in reports other than this. And they reached a consensus that] it is a condition that they be Muslims, just in their outward and inward states, regardless of whether the person testified against is a Muslim or a dhimmi (protected non-Muslim subject). The majority of scholars hold that it is a condition that they be free men, so the testimony of women and slaves is not accepted. [Malik, al-Shafi'i, and the jurists (ashab al-ra'y) hold this view. Abu Thawr differed, saying: The testimony of slaves is accepted in it].

الحواشي

(14) Omitted from the original (al-asl). (15) In [B]: "bi-ma". (16) In [B]: "an". (17) In [B] and [M]: "ja'ala". (1) Omitted from [B] and [M]. (2) Surah al-Nur: 13. (3) Its documentation has previously appeared in: 8/373. (4) Omitted from the original (al-asl). Notation of examination. (5) In [B] an addition: "fihi". (6) Omitted from [B]. Notation of examination.

السابقمجلد 14 · صفحة 125التالي
السابق14·125التالي