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المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 129١٨٨٤ - مسألة؛ قال: (ولا يقبل فى الأموال أقل من رجل وامرأتين، ورجل عدل مع يمين الطالب)

الترجمة · EN

Hurayrah, that the Prophet (may Allah bless him and grant him peace) said: "I consulted Gabriel regarding judging by an oath along with a witness, and he signaled to me regarding wealth, that it does not exceed that." And 'Amr ibn Dinar narrated from Ibn Abbas, from the Prophet (may Allah bless him and grant him peace), that he judged by the witness and the oath? He said: "Yes, in matters of wealth." The interpretation of the narrator is more worthy [of acceptance] than the interpretation of others. Imam Ahmad and others narrated it with their chains of authority.

1884 - Issue: He said: "And nothing less than a man and two women, or a just man along with the oath of the claimant, is accepted in matters of wealth."

The sum of this is that wealth, such as loans, usurpation (ghasb), all debts, and what is intended for wealth, such as sales, endowments (waqf), leasing, gifts, settlement, sharecropping (musaqah), speculative partnership (mudharaba), partnership, bequests made to him, and offenses (jinaya) requiring financial compensation—such as accidental offense, intentional-accidental offense, and intentional offense requiring wealth rather than retaliation, such as a deep wound (ja'ifa) and head wounds less than a clear wound (mudiha)—are established by the testimony of a man and two women. [And Abu Bakr said: An offense against the body is not established by the testimony of a man and two women] because it is an offense, so it resembles what requires retaliation. The first [view] is more correct because its obligation is wealth, so it resembles sale and differs from what requires retaliation, because the testimony of women is not accepted in retaliation, nor in what it necessitates. Wealth is established by the testimony of women, and likewise what it necessitates. There is no disagreement that wealth is established by the testimony of women alongside men. Allah the Almighty has explicitly stated this in His Book, by His saying, the Almighty: "O you who believe, when you contract a debt..." until His saying: "And call upon two witnesses from among your men, but if there are not two men, then a man and two women from those you approve as witnesses." All scholars are in consensus on acting according to this. We have already mentioned the reports of Abu Hurayrah and Ibn Abbas regarding it.

الحواشي

(8) In [M] and [B]: "ta'du". (9) Recorded by Imam Ahmad in: Al-Musnad 1/323. And Abu Dawud, in: Chapter of Judging by the Oath and the Witness, from the Book of Judicial Decisions, Sunan Abi Dawud 2/277. And al-Bayhaqi, in: Chapter of Judging by the Oath with the Witness, from the Book of Testimony, Al-Sunan al-Kubra 10/167, 168. And al-Shafi'i, see: Book of Rulings and Judicial Decisions, from the Arrangement of the Musnad 2/178. And it was recorded without the wording "Yes, in matters of wealth" by Muslim, in: Chapter of Judging by the Oath and the Witness, from the Book of Judicial Decisions, Sahih Muslim 3/1337. And Ibn Majah, in: Chapter of Judging by the Oath and the Witness, from the Book of Rulings, Sunan Ibn Majah 2/793. And Imam Ahmad, in: Al-Musnad 1/248, 315. (1) Omitted from: Al-Asl. Copy for consideration.

السابقمجلد 14 · صفحة 129التالي
السابق14·129التالي