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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 208فصل

الترجمة · EN

like the one which has not been invalidated. The separation is specifically restricted to the place of the intercourse, because he might be reminded of it by seeing its location, which might incite him to commit it. The meaning of separation is that he should not ride with her in the same camel-litter (mahmil), nor stay with her in the same tent (fustat) or similar. Ahmad said: They should separate in terms of staying, the camel-litter, and the tent, but he should remain near her (12). Is separation mandatory or recommended? There are two views regarding this. The first is that it is not mandatory. This is the view of Abu Hanifa, because separation is not mandatory in the make-up of Ramadan if one invalidates it, and the same applies to Hajj. The second is that it is mandatory, because it was narrated from the Companions we have named that they commanded it, and we do not know of any dissenter among them, and because being together in that place reminds one of the intercourse, thus becoming one of the causes for it. The first view is more appropriate; [because the wisdom behind the separation is protection against what is imagined regarding the recurrence of intercourse when recalling it by seeing its place, and this is a remote suspicion that does not necessitate obligation] (14).

Section: In what we have mentioned, the 'Umrah is like the Hajj. If the one performing 'Umrah is a Meccan, he enters into the state of ihram for it from the al-Hill (the area outside the Haram boundary). He shall enter into the state of ihram for the make-up from the al-Hill. If he had entered into the state of ihram for it from within the Haram, he shall enter into the state of ihram for the make-up from the al-Hill, and there is no difference between a Meccan and those who have joined (15) him among the residents. If the Mutamatti' (one performing 'Umrah followed by Hajj) invalidates his 'Umrah and proceeds in its invalidated state, and completes it, Ahmad said: He shall go out to the Miqat and enter into the state of ihram from there for the Hajj. If he fears missing the time, he enters into the state of ihram from Makkah, and a blood sacrifice is incumbent upon him. Once he finishes his Hajj, he shall go out to the Miqat and enter into the state of ihram from there for an 'Umrah to replace the one he invalidated, and he owes a sacrificial animal (hady) which he shall slaughter when he arrives in Makkah, for the one he invalidated of his 'Umrah. If a pilgrim invalidates his Hajj and completes it, he may enter into the state of ihram for an 'Umrah from the nearest part of the al-Hill, like the Meccans.

Section: If he invalidates the make-up (qada'), it is not incumbent upon him to make up for the make-up; rather, he only makes up for the first Hajj, just as if one were to invalidate the make-up of prayer or fasting—the make-up is obligatory for the original duty, not for the make-up itself. It is the same here; this is because an obligation does not increase due to its lapse, but rather that which was originally obligatory remains as it was in his liability, and the make-up fulfills it.

الحواشي

(12) In A, B, and M: "taqrabuha". This is a scribal error. (13) In A, B, and M: "al-tafriq". (14) Omitted from the original. (15) Omitted from M.

السابقمجلد 5 · صفحة 208التالي
السابق5·208التالي