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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 230

الترجمة · EN

and there is no sin or anything else upon him; for Allah, the Exalted, has ordained the oath, and He does not ordain what is forbidden. Allah, the Exalted, commanded His Prophet, peace be upon him, to swear by the truth in three places in His Book. Umar swore to Ubayy regarding palm trees, then gifted them to him, and said: "I feared that if I did not swear, people would refrain from swearing regarding their rights, and it would become a Sunnah" (13). Hanbal said: Abu Abd Allah was afflicted with something similar. His cousin came to him and said: "I have a right from my father’s inheritance upon you, and I will summon you before the judge and make you swear." It was said to Abu Abd Allah: "What is your view?" He said: "I will swear for him. If he has no right upon me, and I have no doubt about that, I will swear for him. How could I not swear when Umar (14) has sworn, and who am I [compared to him]?" Abu Abd Allah resolved to swear, then Allah spared him from that, and the young man withdrew that claim. There is disagreement regarding which is better. A group said: Swearing is better than redeeming one’s oath [by paying to avoid it]; because Umar swore, and because there are two benefits in swearing: first, the preservation of his wealth from being lost, and the Prophet, peace be upon him, forbade its waste (15). Second, liberating his brother, the oppressor, from his injustice and from consuming wealth without right; this is part of his sincere advice and support by restraining him from his injustice (16), and the Prophet, peace be upon him, indicated to a man that he should swear and take his right (17). Our companions said: It is more virtuous to redeem one’s oath; for Uthman redeemed his oath, and said: "I feared that it might coincide with a decree, and it would be said: He swore and was punished, or this is the misfortune of his oath" (18). Al-Khallal narrated with his chain of transmission that Hudhayfah identified a camel of his that had been stolen, so he disputed over it before the judge of the Muslims, and the oath fell upon Hudhayfah, so he said: "You shall have ten dirhams." He refused. He said: ["You shall have twenty, and he refused, so he said: "] (19) "You shall have thirty." He refused. He said: "You shall have forty." He refused. Hudhayfah said: "Do you see me abandoning my camel?" So he swore by Allah that it was his, and that he had neither sold it nor gifted it (20). And also because there is humiliation in taking an oath before the ruler, and one cannot be safe from it coinciding with a decree, so he would be attributed to

الحواشي

(13) Its verification has preceded in 13/242. (14) In the manuscripts: "and Ibn Umar". But Ibn Umar did not swear, as it appears on page 234 below. (15) Its verification has preceded in 6/516. (16) In the original: "the injustice". (17) See on page 234 below the hadith that al-Daraqutni recorded, that the Messenger of Allah, peace be upon him, returned the oath to the seeker of the truth. (18) See what has preceded in 13/442. (19) Omitted from the original and A. (20) Recorded by al-Daraqutni in: Kitab al-Aqdiya wa al-Ahkam (Book of Judgments and Rulings) and elsewhere. Sunan al-Daraqutni 4/242; and al-Bayhaqi in: Chapter =

السابقمجلد 14 · صفحة 230التالي
السابق14·230التالي