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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 529١٩٩٧ - مسألة؛ قال: (وإذا ادعى المكاتب وفاء كتابته، وأتى بشاهد، خلف مع شاهده، وصار حرا)

الترجمة · EN

as in our case, and his entire bequest has not been completed, because the absent wealth is not secure in its acquisition, for it may perish, unlike the case we are in. As for the increase resulting from the increase in kitaba wealth, it is suspended upon the payment of the kitaba wealth.

1997 - Issue; He said: (And when the mukatab claims the fulfillment of his kitaba, and brings a witness, he takes an oath along with his witness, and he becomes free)

This is the position of Al-Shafi'i, may Allah be pleased with him; because the dispute between them is regarding the payment of wealth, and in wealth, the witness and oath are accepted. If it is said: The intent of this testimony is emancipation, which is [among the things that] cannot be established by a witness and an oath. We say: Rather, it is established by a witness and an oath, according to one narration. And even if we concede that it is not established by that, the testimony here is only regarding the payment of wealth, and emancipation occurs upon its payment by the first contract, and the witness has not testified to it, nor is there a dispute between them regarding it. And it is not impossible that what is established by the testimony of one [witness] is something upon which depends a matter that is not established except by two witnesses, just as birth is established by the testimony of one woman, and it results in the establishment of lineage, which is not established by the testimony of women, nor by the testimony of [one] man.

Section: If the slave has no witness and the master denies it, then the statement is his [the master's] with his oath; because he is a denier. And if the slave says: I have an absent witness, he is granted three days of respite, and if he brings him, [it is accepted], otherwise the master takes an oath. Then, whenever his witness comes and gives testimony, his freedom is established. And if he comes with a witness but he is impugned, and he says: I have an absent witness who is upright (adl), he is granted three days of respite; for the reason we have mentioned.

Section: And if the master acknowledges the receipt of the kitaba wealth, the slave is emancipated, provided he is someone whose acknowledgment is valid. And if he acknowledges that during his terminal illness, it is accepted; because it is an acknowledgment in favor of a non-heir, and the acknowledgment of a sick person for a non-heir is accepted. And when he says: I have received my entire kitaba, the slave is emancipated. And if he says: I have received all of it, if Allah wills, or if Zayd wills, he is emancipated, and the exception has no effect; because this exception is not

الحواشي

(1) In A, B: "the slave". (2) In B, M: "wealth". (3) In B, M: "by a witness". (4) Omitted from: A, B. (5) In A: "or if".

السابقمجلد 14 · صفحة 529التالي
السابق14·529التالي