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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 171٥٩٩ - مسألة؛ قال: (وإن نظر، فصرف بصره، فأمنى، فعليه دم، وإن كرر النظر حتى أمنى، فعليه بدنة)

الترجمة · EN

it results in pleasure. Thus, intercourse in the frontal passage is the most effective in terms of enjoyment, so it corrupts the Hajj regardless of whether there is ejaculation or not. Intercourse without the frontal passage is less than that, so it necessitates a badana (camel or cow sacrifice) and corrupts the Hajj if there is ejaculation, and a dam (blood sacrifice) if there is not. A kiss is less than both, so it is less than them regarding what is obligatory for it; therefore, it necessitates a badana upon ejaculation without corruption, and repeated gazing is less than all of them, so a dam is obligatory for it upon ejaculation, while nothing is obligatory in the absence of it. Whoever equates intercourse without the frontal passage with kissing says: both are forms of physical intimacy, so their ruling is the same regarding the obligation necessitated by them. It has been narrated from Ibn Abbas that he said to a man who had kissed his wife: "You have corrupted your Hajj." This was also narrated from Sa'id ibn Jubayr. Sa'id ibn al-Musayyib, Ata', Ibn Sirin, al-Zuhri, Qatada, Malik, al-Thawri, al-Shafi'i, Abu Thawr, and the Ashab al-Ra'y said: "A dam is obligatory upon him." This was also narrated from al-Sha'bi and Sa'id ibn Jubayr. Al-Athram narrated with his chain of transmission from Abd al-Rahman ibn al-Harith that Umar ibn Ubayd Allah kissed Aisha bint Talha while he was in the state of ihram, and he asked (for a legal opinion), so it was unanimously agreed that he should offer a blood sacrifice. The apparent meaning is that he did not ejaculate, because it was not mentioned. It makes no difference whether he emitted madhy (pre-seminal fluid) or not. Sa'id ibn Jubayr said: "If he kisses and then emits madhy or does not emit it, a dam is obligatory upon him." All other forms of touching for the sake of desire are like kissing in what we have mentioned, because it is enjoyment that he takes pleasure in, so it is like kissing. Ahmad said regarding someone who grasped his wife's private part while in the state of ihram: "He must offer the blood of a sheep." Ata' said: "If a person in ihram kisses or touches, let him offer a blood sacrifice."

599 - Issue: He said: "If he gazes, then averts his gaze, and then ejaculates, a dam is obligatory upon him, and if he repeats the gaze until he ejaculates, a badana is obligatory upon him."

In summary, the Hajj is not corrupted by repeating the gaze, whether he ejaculates or not. This is narrated from Ibn Abbas, and it is the opinion of Abu Hanifa and al-Shafi'i. It was narrated from al-Hasan and Ata',

الحواشي

(2) Omitted from: A, B, M. (3) In the original: "your Hajj (hajjuka)". (4) In A, B, M: "Abd Allah". This is Umar ibn Ubayd Allah al-Taymi; he died in the year 82, and Aisha bint Talha was widowed after him. See Al-A'lam 4/5. (5) In A, B, M: "emitted madhy (am-dha)". Both have the same meaning.

السابقمجلد 5 · صفحة 171التالي
السابق5·171التالي