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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 4 · صفحة 28فصل

الترجمة · EN

the two hundred camels, if he extracts five bint makhad instead of five bint labun, or instead of four hiqaq, four jadha'at, it is permissible to extract some of the compensation in dirhams and some of it in sheep. Whenever he finds an age group that follows the obligatory one, [it is not permissible] (14) to resort to an age group that does not follow it; because moving from the age group that follows it to another age group is a substitute, and it is not permissible while the original is possible. If he lacks the hiqqa and the bint labun, and finds the jadha'a and the bint makhad, and the obligation is the hiqqa, it is not permissible to resort to the bint makhad; and if the obligation is the bint labun, it is not permissible to extract the jadha'a. And Allah knows best.

Section: If the entire [camel] herd is sickly, and its [obligatory] requirement is non-existent, he may resort to a lower age group while paying the compensation (jubran). He does not, however, have the right to move up [to a higher age group] while taking the compensation, because the compensation is greater than the surplus value between the two requirements. The compensation may also be a form of compensation from the original [obligation], as the value of two healthy animals is greater than the value of two sick ones, and so too is the value of what is between them. Since this is the case, it is not permissible when moving up, but it is permissible when moving down, because he is voluntarily offering a portion of his wealth, and the owner of the wealth is permitted to offer the surplus, whereas the tax collector is not permitted to give the surplus [value] from the poor. If the one extracting is the guardian of an orphan, it is not permissible for him either to move down, because it is not permissible for him to give the surplus from the orphan's wealth; thus, it becomes necessary to purchase the required animal from other than [the orphan's] wealth.

Section: [There is no place for compensation] (15) in other than camels, because the text was only revealed regarding them. Nothing else shares their meaning, because they [camels] are of higher value, and because the sheep do not have their requirement vary with the variation of their age, and the [value] between the two requirements in cattle differs from that between the two requirements in camels, so analogy (qiyas) is prohibited. Therefore, whoever lacks the requirement for cattle or sheep, and finds something below it, it is not permissible for him to extract it. If he finds one higher than it and wishes to offer it voluntarily without compensation, it is accepted from him, but if he does not, he is tasked with purchasing it from other than his wealth.

الحواشي

(14) In M: "la yajuz" (it is not permissible). (15) In A and M: "wa la yadkhulu al-jubran" (and compensation does not enter).

السابقمجلد 4 · صفحة 28التالي
السابق4·28التالي