ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 542فصل

الترجمة · EN

Section: A bequest to one's mukatab (contractual slave) is valid, because in terms of dealing, he is like a stranger to his master, and for this reason, it is permissible to give him one's zakat. If he says, "Remit some of my mukatab's kitaba (contractual payment) or some of what he owes," they shall remit whatever they wish, whether it is a small or large amount, from his first installments or his last. If he says, "Remit for him one of his installments," they may remit whichever installment they wish, just as if he had said, "Remit for him whichever installment you wish." It is the same whether his installments are uniform or varied, because the expression encompasses any one of them without specification. If he says, "Remit for him whichever installment he wishes," it is left to his discretion, and they are obligated to remit the installment he chooses to have remitted, because his master has delegated the choice to him. If he says, "Remit for him his largest installment," they are obligated to remit the one among them that is the greatest in wealth, because it is the greatest in amount. If he says, "Remit for him the majority of his installments," they are obligated to remit more than half of them, because the majority of a thing exceeds half of it. So if his installments are five, they remit three, and if they are six, they remit four. It is possible that this refers to a single installment that is the greatest among them in wealth, similar to his statement: "his largest installment." If his installments are equal, the first interpretation prevails. If he says, "Remit for him his middle installment," and there is only one middle one, the bequest is specified to it; for example, if his installments are equal in amount and term, and their count is odd, then the middle one in terms of count is specified. If they are five, the middle is the third; if they are seven, the middle is the fourth. If their count is even, and they differ in amount—some being one hundred, some two hundred, and some three hundred—the middle ones are the two hundred, and the bequest is specified to them, because they are the middle ones. If they are equal in amount but differ in term, such as two being due in one month, one in two months, and one in three months, the bequest is specified to the one due in two months, because it is the middle one. If these three meanings coincide in one, the bequest is specified to it.

الحواشي

(30) Omitted from M. (31) In the original, A, and B: "wada'u" (they remit). (32) In B and M: "akbaruha" (its greatest). (33) In A, B, and M: "akbaruha" (its greatest). (34) In M: "munfarid" (singular). (35) In the original and M: "fata'ayyan" (it is specified). (36) In M: "li-annaha" (because it is).

السابقمجلد 14 · صفحة 542التالي
السابق14·542التالي