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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 551فصل

الترجمة · EN

the slave, he has the right to collect from him without an oath. If he chooses to seek recourse against his partner for half of it, the partner has the right to demand an oath from him that he did not receive anything from the mukatab, because if he were to acknowledge that, his right to seek recourse would lapse, so if he denies it, the oath becomes binding upon him. If the receiver testifies against his partner regarding the receipt, his testimony is not accepted for two reasons: First, the mukatab did not make a claim against him, and evidence is only accepted when it testifies to the truthfulness of the claimant. Second, he is warding off a debt from himself. If the slave is unable to pay, it is permissible for the one other than the receiver to enslave half of him, and the share of his partner is appraised against him, because the slave acknowledges his servitude and is not claiming the freedom of this share, unlike the previous case. It is also possible that it would not be appraised, because the receiver claims the freedom of the slave in his entirety, and the denier claims that which necessitates the servitude of the slave in his entirety, for they both say, 'What he received, he received without right, so he does not become free until he delivers to me the equivalent of what he delivered to him.' If one of them claims the servitude of the slave in his entirety, and the other claims the freedom of the slave in his entirety, they have not agreed upon the freedom of part of him to the exclusion of the rest.

Section: If the one against whom the claim is made acknowledges receipt of the one hundred in the manner the mukatab claimed, and says, 'I have paid half of it to my partner,' and the partner denies it, the word is the partner's, along with his oath. He has the right to demand the entirety of his due from whomever he wishes of the two of them, and the one against whom recourse is sought has the right to make him swear an oath. If he seeks recourse against the partner and takes fifty from him, that is permissible for him because he [the partner] acknowledged receipt of the full one hundred, and the mukatab becomes free, because the amount of his due from the kitabah reached each one of them. The partner does not seek recourse against the slave for anything, because he [the slave] acknowledges that he performed what was required of him and was absolved of it, and he [the partner] only claims that his partner wronged him, so he does not seek recourse against someone other than the one who wronged him. If he seeks recourse against the slave, he has the right to take the fifty from him because he [the slave] claims that he did not receive anything from his kitabah, and the slave has the right to seek recourse against the receiver for it, whether he [the receiver] confirms his claim of paying it to the denier or denies it, because even if he did pay it, he paid it in a way that did not absolve [the slave], so he was negligent. The slave becomes free by performing it, and if he is unable to perform it, he [the slave] has the right to take it from the receiver then deliver it. If that is impossible, he has the right to declare his inability, enslave half of him, and share with the receiver in the fifty he received as compensation for his share, and it is appraised against the receiver partner if he is solvent, unless the slave confirms his payment of the fifty to...

الحواشي

(27) In B: "qabadtuhu" (you received it). (28) In M: "wa-idha" (and when). (29) A completion through which the meaning is rendered correct.

السابقمجلد 14 · صفحة 551التالي
السابق14·551التالي