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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 362فصل

الترجمة · EN

and his maintenance is his own responsibility. As for rare earnings, such as found property (luqatah), gifts, and bequests, the Qadi mentioned that they are included in the turn-based arrangement (muhaya'ah) because they are among his earnings, so they resemble the customary ones. Other scholars among our colleagues mentioned another view: that they are not included in the turn-based arrangement and are shared between them in all circumstances, because the turn-based arrangement is an exchange (mu'awadah), as if he exchanged his share of his earnings on his master's day for his master's share on his own day; thus, the exchange does not cover the unknown, nor what there is no prevailing probability of its existence. As for inheritance, it does not enter into the turn-based arrangement, nor is his master entitled to anything from it, because he only inherits by virtue of his free portion, and this slave owns through his free portion all types of ownership, and he inherits and is inherited from in proportion to the freedom he possesses, as was previously mentioned.

Section: Whoever emancipates his slave while he is sound of mind and legally competent, his emancipation is valid by the consensus of the scholars. If he emancipates a part of him, the whole of him is freed according to the position of the majority of the scholars. This was narrated from Umar and his son, may Allah be pleased with them. This is also the position of al-Hasan, al-Hakam, al-Awza'i, al-Thawri, and al-Shafi'i. Ibn Abd al-Barr said: The general body of scholars in the Hijaz and Iraq said: The whole of him is freed when half of him is emancipated. Tawus said: He is free to the extent of his emancipation and a slave to the extent of his slavery. Hammad and Abu Hanifa said: He is freed to the extent that he was emancipated, and he works for payment (si'ayah) for the remainder. Abu Hanifa's companions differed from him, as they did not see any si'ayah due upon him. It is narrated from Malik, concerning a man who emancipated half of a slave then became negligent until he died, that he said: I view half of him as free and half as a slave, because he acted upon a part of him and it did not spread (sarraya) to the rest, like a sale. Our evidence is the statement of the Prophet (may Allah bless him and grant him peace): "Whoever emancipates a share he owns in a slave, and he possesses enough to cover the value of the slave, the slave shall be valued at a fair market price, and the entire slave shall be freed on his behalf." When the share of his partner is freed on his behalf, it is subject to the emancipation of the whole if the entire slave was his property. The Prophet (may Allah bless him and grant him peace) said: "Whoever emancipates a portion he owns of a slave, it is free from his property."

الحواشي

(6) Narrated from them by al-Bayhaqi in: The Chapter on Whoever Emancipates a Portion of His Slave, from the Book of Emancipation, Al-Sunan al-Kubra 10/274. And by Ibn Abi Shaybah in: The Chapter on the Man Who Emancipates Part of His Slave, from the Book of Sales and Judgments, Al-Musannaf 6/183. It was also narrated from Ibn Umar by Abd al-Razzaq in: The Chapter on Whoever Emancipates Part of His Slave, from the Book of the Mudabbar, Al-Musannaf 9/148. (7) Omitted from the original. (8) Its citation was previously provided in 7/362. (9) In M: "fi" (in).

السابقمجلد 14 · صفحة 362التالي
السابق14·362التالي