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المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 52١٨٧١ - مسألة؛ قال: (ويكون كاتبه عدلا، وكذلك قاسمه)

الترجمة · EN

they appear: "O you two, do you not see? I did not summon you, and I do not prevent you from withdrawing. It is you two who determine the judgment against this man, and I am protected by you, so fear [Allah]." In another narration: "And I judge today through you, and I seek protection through you on the Day of Resurrection." Abu Hanifa narrated, saying: I was with Muharib ibn Dithar, who was the judge of Kufa, when a man came and claimed a right against another, but he denied it. The plaintiff brought two witnesses who testified for him. The defendant said: "By Him through whom the heavens and the earth stand, they have lied about me in their testimony." Muharib ibn Dithar was reclining, then he sat upright and said: I heard Ibn Umar say: I heard the Messenger of Allah, peace and blessings of Allah be upon him, say: "The bird flaps its wings and casts what is in its craw out of the terror of the Day of Resurrection, and the false witness will not have his feet move until he takes his place in the Fire." Therefore, if you are truthful, then hold your ground; if you are lying, then cover your heads and leave. They covered their heads and left.

1871 - Issue; He said: (And his scribe shall be a just person, and likewise his partitioner).

The total of this is that it is recommended for the judge to appoint a scribe, because the Prophet, peace and blessings of Allah be upon him, used Zayd ibn Thabit and others as scribes. Also, because the judge has numerous tasks and matters to look into, it is not possible for him to handle the writing himself. If it is possible for him to handle the writing himself, it is permissible, but appointing a deputy for it is better. It is not permissible for him to appoint a deputy for that unless he is a just person;

الحواشي

(20) In M: "mu'taq" (protected/shielded). (21) See Akhbar al-Qudat 2/254, 255, 291, 296, 299, 316, 363, 392. (22) Muharib ibn Dithar ibn Kurdus al-Sadusi, he was trustworthy and a proof; he died in the year 116 AH. Siyar A'lam al-Nubala 5/217-219. (23) In B: "wa-idda'a" (and he claimed). (24) In M: "hawsalatiha". (25) In B: "fi" (in). (26) The hadith "The bird flaps its wings..." was recorded by al-Bayhaqi in: The Chapter on the Judge Admonishing the Witnesses..., from the book Adab al-Qadi, Sunan al-Kubra 10/122. The hadith "The false witness..." was recorded by Ibn Majah in: The Chapter on False Testimony, from the book of Al-Ahkam, Sunan Ibn Majah 2/794; al-Hakim in: The Chapter on the Appearance of False Testimony as a Sign of the Hour, from the book of Al-Ahkam, Al-Mustadrak 4/98; al-Bayhaqi in the aforementioned place; and al-Uqayli in Al-Du'afa' al-Kabir 4/123. (27) Al-Dhahabi mentioned the story via 'Abd al-Malik ibn 'Umayr, not from Abu Hanifa. Siyar A'lam al-Nubala 5/218.

السابقمجلد 14 · صفحة 52التالي
السابق14·52التالي