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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 365فصل

الترجمة · EN

and no one disputes with him regarding it, so it is necessary that his statement concerning it be accepted. If each of them purchases his partner's share, the entire slave becomes free, with no wala' over him for either of them. If each of them then emancipates what he purchased, and then belies himself in his testimony, does the wala' over what (9) he emancipated become established for him? There are two views. If each of them acknowledges that he had emancipated his share and confirms the other in his testimony, both sales are void, and the wala' is established (10) for each of them over his half; because no one disputes with him regarding it, and each of them confirms the other in the entitlement to the wala'. It is possible that the wala' is established for both of them, even if neither of them belied himself; because we know that the wala' over him is established for them both, and it does not leave their possession, and it is between them; either by the first emancipation or the second. For if they were both truthful in their testimony, the wala' was established for each of them over the half he emancipated first, and if they were both lying, each of them emancipated his half after having purchased it. And if one of them was truthful and the other a liar, there is no wala' for the truthful one; because he did not emancipate the half that belonged to him first, nor was his emancipation valid (11) regarding the one he purchased, because it was already free before his purchase, and the entire wala' belongs to the liar; because he emancipated the half that belonged to him, then purchased the half that belonged to his partner and emancipated it. Since each of them is equal to his companion in possibility, it is divided between them.

Section: Whoever testifies against the master of a slave regarding the emancipation of his slave, and then purchases him, he is freed in his possession. If two people testify against him regarding that, and their testimony is rejected, and then they—or one of them—purchase him, he is freed. This is the view of al-Awza'i, Malik, al-Shafi'i, and Ibn al-Mundhir, and it is the qiyas (analogical deduction) of Abu Hanifa's opinion. No wala' is established for the purchaser over the slave because he does not claim it, nor for the seller because he denies his emancipation. If the slave was owned by two partners, and each of them claimed that his partner had emancipated his share of him, and they were both wealthy, he is freed in their possession. Or if they were both insolvent and just, and the slave took an oath with each one of them (12), and he was freed, or if another just witness testified with each of them and the slave was freed, or if a slave claimed that his master had emancipated him,

الحواشي

(9) In M: "min". (10) In A: "wa thabata". (11) In A: "yasihhu". (12) Omitted from A, B, and M.

السابقمجلد 14 · صفحة 365التالي
السابق14·365التالي