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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 63

الترجمة · EN

its head [cushion/seat], and said: "Here, O Commander of the Faithful." Umar said to him: "You have been unjust in your first act of judging, rather, I will sit with my opponent." They sat before him, Ubayy made a claim, and Umar denied it. Zayd said to Ubayy: "Excuse the Commander of the Faithful from taking an oath; I would not have asked for it from anyone other than him." So Umar took an oath, then he swore: "Zayd shall not reach the door of the judiciary until Umar and a man from the ordinary Muslims are equal before him" (11). Umar ibn Shabba narrated it, and in it: When they arrived at Zayd's door, he came out and said: "Peace be upon you, O Commander of the Faithful. If you had sent for me, I would have come to you" (12). He said: "It is in his house that the judge should be visited." When they entered (13) upon him, he said: "Here, O Commander of the Faithful." He said: "Rather, I will sit with my opponent." Ubayy made a claim and Umar denied it, and Ubayy had no evidence, so Zayd said: "Excuse the Commander of the Faithful from the oath." Umar said: "By Allah, you have remained unjust. Peace be upon you, O Commander of the Faithful. Here [O Commander of the Faithful. Excuse the Commander of the Faithful] (14). And why should the Commander of the Faithful be excused? If I had a right, I would have been entitled to it by my oath, and if not, I would have abandoned it. By Allah, besides whom there is no god, the palm trees are indeed my palm trees, and Ubayy has no right in them." Then Umar swore: "Zayd shall not attain the status of the judiciary until Umar and someone else among the people are equal before him." When they left, he gifted the palm trees to Ubayy. It was said to him: "O Commander of the Faithful, why was this not done before you swore?" He said: "I feared that I would abandon the oath, and it would become a Sunnah (precedent), so people would not swear regarding their rights." Ibrahim said: A man came to Shurayh, and al-Sari ibn Waqqas was with him. The man said to Shurayh: "Help me against this person sitting with you." Shurayh said to al-Sari: "Stand up and sit with your opponent." He said: "I can hear you from my place." He said: "No, stand up and sit with your opponent." He refused to hear him until he made him sit with his opponent. In one narration, he (15) said: "Your sitting [there] makes him suspicious, and I will not abandon assistance while I am capable of it." And when Ali, may Allah be pleased with him, and the Jew litigated before Shurayh, he said

الحواشي

(11) Its extraction was previously mentioned in: page 39. (12) In B, M: "I would have come to you." (13) In the original: "entered" [masculine singular]. (14) In M: "Here, excuse the Commander of the Faithful." (15) Omitted from: M.

السابقمجلد 14 · صفحة 63التالي
السابق14·63التالي