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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 4 · صفحة 475فصل

الترجمة · EN

The corruption is not specific to it. It has been narrated from Abu Bakr that there is an expiation (kaffarah) for an oath upon him. I have not seen this attributed to Abu Bakr in the book "al-Shafi". Perhaps Abu Bakr only obligated an expiation upon him in a case where the corruption involved a breach of his vow; thus, it became obligatory due to his violating his vow, which is the expiation for an oath. However, in other cases, it is not; for an expiation is only rendered obligatory by a textual proof (nass), consensus (ijma'), or analogy (qiyas), and there is neither a textual proof, consensus, nor analogy here. The counterpart to I'tikaf is fasting, and no expiation is required for spoiling it if it is voluntary or even if it is vowed, unless it involves a breach of the vow, in which case the expiation for an oath becomes obligatory for it. Likewise is this case.

Section: As for physical intimacy (mubasharah) without sexual intercourse, if it is without desire, there is no harm in it, such as if she washes his head, combs it, or hands him something; because the Prophet (peace and blessings of Allah be upon him) used to bring his head near to 'Aisha while he was in I'tikaf, and she would comb it. If it is done with desire, then it is prohibited, due to the saying of Allah the Almighty: {And do not have sexual intercourse with them while you are in a state of I'tikaf in the mosques}. And due to the saying of 'Aisha: "The Sunnah for the one in I'tikaf is that he should not visit the sick, attend a funeral, touch a woman, or engage in physical intimacy with her." Narrated by Abu Dawud. Also, because he is not secure from it leading to the corruption of his I'tikaf, and whatever leads to a prohibited act is itself prohibited. If he does so and emits (semen), his I'tikaf is corrupted, but if he does not emit, it is not corrupted. This is the view of Abu Hanifah and al-Shafi'i in one of his two statements. In the other statement, he said: It is corrupted in both cases. This is the view of Malik, because it is prohibited intimacy, so it corrupts the I'tikaf just as if he had emitted. To us, it is intimacy that does not corrupt a fast or Hajj, so it does not corrupt I'tikaf, just like intimacy without desire. It differs from the case where he emits, because that corrupts the fast, though there is no expiation upon him except according to the narration of Hanbal.

الحواشي

(3) In [A] and [M]: "li-mukhalafat" (due to the violation of). (4) Meaning: And no expiation is required for its corruption if it is a vowed (I'tikaf). (5) Its verification has preceded on page 461. (6) Surah al-Baqarah 187. (7) Its verification has preceded on page 466.

السابقمجلد 4 · صفحة 475التالي
السابق4·475التالي