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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 386فصل

الترجمة · EN

paper slips with their names, then he draws one slip for freedom; whoever has his name on it is emancipated, then he draws the second, and whoever has his name on it, the remainder of the third is emancipated from him. If there are eight [slaves] whose values are equal, there are three opinions regarding them: One is that he writes eight slips with their names, then draws for freedom one slip after another until the third is fulfilled. The second is that he divides them into four parts, then draws lots between them with one share of freedom and three [shares] of servitude; whoever draws the share of freedom is emancipated, then he draws between the remaining six with one share of freedom and two shares of servitude, and whoever draws the share of freedom, it is repeated between them, and whoever draws the share of freedom completes the third from him. The third is that he divides them into three parts—three, three, and two—and draws lots between them with one share of freedom and two shares of servitude. If the share of freedom falls to the two, they are both emancipated, and he completes the third by drawing lots from the rest. If it falls to three, he draws lots between them with one [share of] freedom and two shares of servitude. Abu al-Khattab mentioned these other two opinions. It was narrated from Ahmad, regarding five or four [slaves], that he places the one with the highest value in place of two, if they [the two] are equal to his value; otherwise, he draws lots between three whose values are equal, then draws lots between the one who remained and the one who is chosen by the lot, observing what remains of his value from the third, and he emancipates [him] according to his share. If his entire wealth is two slaves, we draw lots between them with a share of freedom and a share of servitude in any case.

Section: If the emancipator has wealth other than the slaves—equivalent to the value of the slaves or more—all the slaves are emancipated, as all of them emerge from the third. If it is less than twice their value, slaves equivalent to one-third of the total wealth are emancipated. Thus, if the slaves constitute half of the wealth, two-thirds of them are emancipated. If they constitute two-thirds of the wealth, half of them are emancipated. If they constitute three-quarters of it, four-ninths of them are emancipated,

الحواشي

(71) In A: "servitude and two shares of freedom". (72) In the original, A, and B: "were". (73) In the original: "then he specifies". (74) In B and M: "his share". (75) In the original: "the emancipator his wealth". (76) In the original and M: "the slave". (77) In A, B, and M: "for their emerging". (78) In M there is an addition: "all of them". (79) In M: "were both". (80) In A: "four-sevenths of them".

السابقمجلد 14 · صفحة 386التالي
السابق14·386التالي