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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 153

الترجمة · EN

religion. Furthermore, lying is a form of baseness, and chivalry prevents one from (22) baseness. If chivalry acts as a deterrent against lying, it is considered in determining 'adalah (probity), just like religion. Whoever commits any of these acts secretly does not have his testimony rejected, because his chivalry is not compromised by it. Likewise, if one does it once, or does a small amount of it, his testimony is not rejected, because minor sins do not disqualify testimony if they are few, and this is even more applicable here, and because chivalry is not impaired by a small amount of this, provided it does not become a habit (23).

The second type concerns base professions, such as the street cleaner (kassah) and the scavenger (kannas); their testimony is not accepted. This is because Sa'id narrated in his "Sunan" that a man came to Ibn 'Umar and said to him: "I am a scavenger." He asked: "What do you sweep? Trash?" The man said: "No." He asked: "Human excrement?" He said: "Yes." [He said: "Is it from this that you earned money, got married, and performed Hajj?" The man said: "Yes"] (24). He said: "The wage is foul, and what you married with is foul, until you exit from it as you entered into it." A similar report from Ibn 'Abbas regarding the street cleaner is narrated (25). This is because this is a baseness avoided by people of chivalry, so it resembles what preceded it. As for the one who herds pigs, the monkey-handler (26), the cupper (hajjām), and their like, there are two views regarding them. One view is that their testimony is not accepted because it is a baseness avoided by people of chivalry, so it is (27) like what preceded it. The second view is that it is accepted, because people have a need for them. Based on this view, his testimony is only accepted if he cleanses himself for prayer at its proper time and performs it; if he prays while in a state of impurity, his testimony is rejected according to one single view. As for the weaver, the watchman, and the tanner, these are higher than these professions, so testimony is not rejected because of them. Abu al-Khattab mentioned them among the category that has two views.

As for the rest of the professions that contain no baseness, testimony is not rejected because of them, except for one who lies while swearing, or makes a promise and breaks it, and this becomes his predominant habit; in that case, his testimony is rejected. Likewise, one who delays prayer from its times, or does not cleanse himself from impurities, has no valid testimony. Whoever has a prohibited profession—such as a maker of flutes and lutes—has no valid testimony.

الحواشي

(22) In A: "'an" (from). (23) In M: "'adatuhu" (his habit). (24) Omitted from A. Added for reflection. (25) Preceded in: 8/132. See: al-Muhalla 9/30. (26) Omitted from the original, A, and B. The "qarrad" (monkey-handler) is the keeper of the monkey. Perhaps it refers to one who extracts ticks from animals. (27) Omitted from the original.

السابقمجلد 14 · صفحة 153التالي
السابق14·153التالي