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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 4 · صفحة 279٤٦٥ - مسألة؛ قال: (والماشية إذا بيعت بالخيار، فلم ينقض الخيار حتى ردت، استقبل بها البائع حولا، سواء كان الخيار للبائع أو للمشتري؛ لأنه تجديد ملك)

الترجمة · EN

it. The first [view] is more correct, and what we have mentioned in support of this narration is not sound; for the husband did not own anything, but rather the debt was dropped from him. Furthermore, even if he did become an owner in the present, this would not necessitate the obligation of Zakat for what has passed. It is also possible that Zakat is not obligatory upon either of them; because of what we mentioned regarding the husband, and the wife did not collect the debt, so its Zakat is not binding upon her, just as if it had dropped without her releasing him. This applies if the debt is of a type in which Zakat is obligatory upon collection; as for that in which there is no Zakat, there is no Zakat upon her under any circumstances. Every debt owed by a person from which the owner releases him after the passing of a year has the same ruling as the dowry in what we have mentioned. Ahmad said: If a woman gifts her dower to her husband, and ten years have passed, then the Zakat is upon the woman, because the wealth was hers. If a man gifts wealth to another man, a year passes, and then the donor takes it back, he has no right to take it back, but if he does take it back, the Zakat is upon the one who had it in his possession. He also said regarding a man who sold his partner his share of a house and gave him nothing, then after a year, he said, 'I have no dirhams, so rescind the sale for me,' and he rescinded it: He said that he must pay Zakat, because he had owned it for a year.

465- Issue: He said: (And if livestock is sold with an option, and the option does not expire until it is returned, the seller shall begin a new year with it, whether the option was for the seller or the buyer; because it is a renewal of ownership.)

The manifest view of the Madhhab is that a sale with an option condition transfers ownership to the buyer immediately after it, and it does not pause until the expiration of the option, regardless of whether the option is for both parties or for one of them. From Ahmad, it is narrated that it does not transfer until the option expires, which is the position of Malik. Abu Hanifah said: It does not transfer if it is for the seller, and if it is for the buyer, it exits the seller's ownership but does not enter the buyer's ownership. From Al-Shafi'i, there are three opinions: two opinions like the two narrations, and a third opinion, which is that it is suspended; if they rescind it, it becomes clear that it did not transfer, and if they finalize it, it becomes clear that it did transfer.

الحواشي

(10) In B and M: "li-anna" (because). (11) In B and M: "qabadihi" (he collected it). (12) In M: "zakatuhu" (its Zakat). (1) Omitted from B and M.

السابقمجلد 4 · صفحة 279التالي
السابق4·279التالي