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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 4 · صفحة 362

الترجمة · EN

However, if it is not strongly suspected that this will happen, kissing is disliked (makruh) for him, because he is exposing his fast to invalidation, and he is not secure against its corruption. It has been narrated from Umar that he said: 'I saw the Messenger of Allah, peace and blessings of Allah be upon him, in a dream, and he turned away from me. I asked him: What is the matter with me? He said: You kiss while you are fasting' (52). Furthermore, if an act of worship forbids sexual intercourse, it also forbids kissing, like the state of ihram. Yet, kissing is not prohibited in this state, due to the report that a man kissed while he was fasting, and he sent his wife to ask the Prophet, peace and blessings of Allah be upon him, and the Prophet, peace and blessings of Allah be upon him, informed her that he kisses while he is fasting. The man said: 'Verily, the Messenger of Allah, peace and blessings of Allah be upon him, is not like us; Allah has forgiven him his past and future sins.' The Prophet, peace and blessings of Allah be upon him, became angry and said: 'I am the most God-fearing among you, and the most knowledgeable of you regarding what I must guard against.' Narrated by Muslim, with a similar meaning (53). Also, because his leading to the invalidation of the fast is a matter of doubt, and prohibition is not established by doubt. As for one whose desire is not stirred by kissing, such as an elderly man (54), there are two narrations: One is that it is not disliked for him, which is the school of Abu Hanifa and al-Shafi'i, because the Prophet, peace and blessings of Allah be upon him, used to kiss while fasting when he was in control of his desire, and one who lacks desire is in the same position. Abu Hurayra narrated that a man asked the Prophet, peace and blessings of Allah be upon him, about physical contact for a fasting person, and he granted him a concession, then another came and asked him, and he forbade him. It turned out that the one he granted a concession to was an old man, and the one he forbade was a young man. Narrated by Abu Dawud (55). Additionally, it is physical contact without desire, so it resembles touching with the hand for a necessity. The second narration is that it is disliked, because he is not secure against the occurrence of desire, and because fasting is an act of worship that forbids intercourse; thus, one whose desire is stirred and one whose is not are equal regarding kissing, like in ihram. As for touching without desire, such as touching her hand to determine her illness, it is not disliked in any case, because that is not disliked in ihram, so it is not disliked in fasting, like touching her garment.

الحواشي

(52) Narrated by al-Bayhaqi, in: The Chapter on the Dislike of Kissing for One Whose Desire is Stirred, from the Book of Fasting. al-Sunan al-Kubra 4/232. And Ibn Abi Shayba, in: The Chapter on Those Who Granted a Concession for Kissing for a Fasting Person, from the Book of Fasting. al-Musannaf 3/62. (53) In: The Chapter Explaining that Kissing while Fasting is not Prohibited..., from the Book of Fasting. Sahih Muslim 2/779. It was also narrated by Imam Malik, in: The Chapter on What Has Been Reported Regarding the Concession for Kissing for the Fasting Person, from the Book of Fasting. al-Muwatta 1/291, 292. And Imam Ahmad, in: al-Musnad 5/434. (54) In B, M: "al-haram". Al-hamm refers to the elderly person near death. (55) In: The Chapter on His Dislike of it for the Youth, from the Book of Fasting. Sunan Abi Dawud 1/556.

السابقمجلد 4 · صفحة 362التالي
السابق4·362التالي