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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 417فصل

الترجمة · EN

or at any time you wish after my death, you are free." This is a suspension of emancipation upon a condition after death, and we have already mentioned that it is invalid, and that the position of the Qadi is its validity. According to his position, it is on a deferred basis; so whenever he wishes after his master's death, he becomes free. Whatever earnings he had before he expressed his wish belong to the master's heirs, because he was a slave before that, unlike what is bequeathed, for there are two views regarding his earnings before acceptance: one of them is that it belongs to the legatee because we determined that he owned it from the moment of death, whereas here, ownership is not established before the wish. [It is] one view, because it is emancipation suspended on a condition, so emancipation is not established before the condition. [It is] one view. The Qadi mentioned regarding his statement, "If you wish" or "When you wish, you are free after my death," that it is immediate; so if he wishes during the session, he becomes a mudabbar, and if the wish is delayed beyond the session, it is void, and he does not become a mudabbar by the wish thereafter, based on his statement: "Choose yourself." For the choice stands [valid] for the session, and this is in that same sense. If he said, "If you wish after my death," or "When you wish after my death, you are free," it was also immediate. So whenever he wishes immediately after his master's death, or in the session, he becomes free, and if his wish is delayed beyond the session, freedom is not established in him. It has been mentioned in [the book of] divorce that if he said: "You are divorced if you wish, and your father wishes," and they both wished simultaneously, the divorce takes place, whether they wished immediately or with a delay, or one of them wished immediately and the other with a delay. This is similar to it, so in every issue, it is inferred [by analogy] just like what was mentioned in the other.

Section: If he said to his slave, "If I die, are you free, or not?" or said, "You are free, or are you not free?" he does not become a mudabbar; because this is an inquiry, and he did not decide upon the emancipation, so it is similar to if he had said to his wife, "You are divorced, or are you not?" And we have mentioned that in [the book of] divorce.

Section: And if one of the two partners declares the tadbir of his share, the tadbir does not extend to his partner's share, whether he is solvent

الحواشي

(21) In the original and A: "al-'itq" (the emancipation). (22) Dropped from: A. (23) Previously mentioned in: 10/467, 468. (24) In A: "dhakarahu" (he mentioned it). In B: "dhakarna" (we mentioned). (25) In A: "dhakara" (he mentioned). (26) Previously mentioned in: 10/362, 363.

السابقمجلد 14 · صفحة 417التالي
السابق14·417التالي