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المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 223فصل

الترجمة · EN

"By Allah, you intended nothing but one [divorce]." And in the hadith of al-Hadrami and al-Kindi, the Prophet (peace be upon him) said: "Do you have evidence?" He replied: "No, but I will make him swear; by Allah, he knows that it is my land that he usurped from me." Narrated by Abu Dawood. Uthman said to Ibn Umar: "Swear by Allah that you sold it and there is no defect in it that you know of." And because there is sufficiency in [the name of] Allah, it is required that His name suffice in the oath, like the position they agreed upon. As for the hadith of Ibn Abbas and Umar, it indicates the permissibility of demanding an oath in such a manner, while what we have mentioned indicates that the name of Allah alone is sufficient; and what the others mentioned is an arbitrary claim (tahakkum) for which there is no text (nass), nor does analogy (qiyas) require it. Once this is established, the oath in the right of both the Muslim and the disbeliever alike is by Allah the Exalted; no one shall swear by other than Him, due to the saying of Allah the Exalted: "...and let them both swear by Allah." And due to the saying of the Prophet (peace be upon him): "Whoever is going to swear, let him swear by Allah or remain silent."

Section: The oath is legislated in the right of every defendant, whether he is a Muslim or a disbeliever, upright or corrupt, a woman or a man, due to the saying of the Prophet (peace be upon him): "The oath is upon the defendant." Shaqiq narrated from al-Ash'ath ibn Qays who said: "There was a piece of land between me and a man from the Jews, and he denied my claim. I brought him before the Prophet (peace be upon him), and the Messenger of Allah (peace be upon him) said to me: 'Do you have evidence?' I said: 'No.' He said to the Jew: 'Swear.' I said: 'Then he will swear and walk away with my wealth.' So Allah the Exalted revealed: 'Indeed, those who exchange the covenant of Allah and their [own] oaths for a small price...' to the end of the verse." Narrated by al-Bukhari, Abu Dawood, and Ibn Majah. And in the hadith of al-Hadrami, I said: "He is a corrupt man,"

الحواشي

(9) Its verification has preceded in: 10/364. (10) Its verification has preceded in: page 32. (11) Narrated by Imam Malik, in: 'Chapter: Defect in Slaves', from the Book of Sales. Al-Muwatta 2/613. And al-Bayhaqi, in: 'Chapter: Sale of Immunity', from the Book of Sales. Al-Sunan al-Kubra 50/328. Abd al-Razzaq, in: 'Chapter: Selling with Immunity', from the Book of Sales. Al-Musannaf 8/162, 163. (12) In A: "that". (13) Its verification has preceded in: 11/6. (14) Its verification has preceded in: 6/587. (15) Surah Ali 'Imran: 77. (16) Narrated by al-Bukhari, in: 'Chapter: The Speech of Litigants Regarding One Another', from the Book of Litigations, and in: 'Chapter: The Judge Asking ="

السابقمجلد 14 · صفحة 223التالي
السابق14·223التالي