ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 4 · صفحة 17

الترجمة · EN

If the owner of the wealth agrees to provide a thaniyyah (a female camel in her sixth year) instead, it is permissible, which is the one that has reached five years and entered its sixth. It is called thaniyyah because it has shed its two central incisors. This which we mentioned regarding the ages was mentioned by Abu 'Ubayd, and he narrated it from al-Asma'i, Abu Zayd al-Ansari, Abu Ziyad al-Kilabi, and others. Al-Khiraqi’s statement: "If a bint makhad is not available" means if there is no bint makhad among his camels, an ibn labun suffices. It does not suffice when a bint makhad is present, based on his saying - peace be upon him -: "If there is no bint makhad among them, then an ibn labun (male)." In the hadith we narrated. Thus, he stipulated its absence for its giving. If he buys one and gives it, it is permissible, but if he intends to give an ibn labun after buying it, it is not permissible, because a bint makhad has now come into his herd. If there is no ibn labun among his camels and he intends [to buy], he is obliged to buy a bint makhad. This is the opinion of Malik. Al-Shafi'i said: Buying an ibn labun suffices him, based on the literal and general meaning of the report. Our position is that since both are equal in absence, the bint makhad is required, just as if they were equal in presence. The hadith is interpreted based on its existence, because that is for his benefit, sparing him the need to buy. In its absence, he is not spared from buying, so buying the original (the bint makhad) is more appropriate. Moreover, in some versions of the hadith: "Whoever does not have a bint makhad on the proper criteria, but has an ibn labun, it is accepted from him, and he has nothing else with him." Thus, it stipulated his possessing it and the absence of the other. This is in the hadith of Abu Bakr, and in some versions: "And whoever reaches the zakat of a bint makhad, and has nothing but an ibn labun." This is [a restriction which necessitates] applying the absolute text to it, even if he finds nothing but a bint makhad.

الحواشي

(6) In Gharib al-Hadith 3/70-72. (7) In manuscripts A, B, and M: "al-Hilali". The established reading in the original and Gharib al-Hadith is "al-Kilabi". (8) Cited previously on page 10. (9) In manuscripts A and M: "sharat" (he stipulated). (10) In manuscripts A and M: "al-shira'" (purchasing). (11) In manuscript M: "yufsid bi-ta'ayyun" (corrupts by specification).

السابقمجلد 4 · صفحة 17التالي
السابق4·17التالي