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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 376فصل

الترجمة · EN

is valid, and he is not required to enter into a new ihram; because this is an ihram, the whole of which is not corrupted, so parts of it are not corrupted, just as if he had had intercourse after the second release from ihram (tahallul). Our argument is that it is an act of intercourse that occurred while in a state of ihram, and it corrupted it, just like full ihram. Once his ihram is corrupted, he is required to enter into a state of ihram so that he may perform the circumambulation (tawaf) in a valid state of ihram; because the tawaf is an essential pillar (rukn), it is necessary that he performs it in a valid state of ihram, just like standing at 'Arafat. He is required to enter into this ihram from the Hill (the area outside the sacred precincts); because the ihram must combine both the Hill and the Haram, and if we were to permit the ihram to be from the Haram, it would not combine the two, as all his actions would take place within the Haram, making him resemble one performing Umrah. Once he enters into ihram from the Hill, he performs the circumambulation of the visit (tawaf al-ziyarah), and performs the sa'i (striving between Safa and Marwa) if he had not done so during his Hajj. If he had already performed the sa'i, he performs the circumambulation of the visit and is released from ihram (7). This is the apparent meaning of the words of al-Khiraqi; because what remains for him is the remainder of the acts of Hajj, and he is only required to enter into ihram to perform them in a valid state of ihram. The explicitly stated ruling from Ahmad and those who agreed with him among the imams is that he performs an Umrah; it is possible that they intended this by it, naming it an 'Umrah' because these are indeed the actions of an 'Umrah, and it is also possible that they intended a true 'Umrah, in which case sa'i and shortening the hair would be required of him. The first is more correct, due to what we have mentioned. Al-Khiraqi's statement: "He enters into ihram from al-Tan'im," was not mentioned to designate it as the specific place for entering ihram, but rather because he had already exited the previous state of ihram, so entering into ihram from [any Hill location] (8) is permissible, just like one performing Umrah (9).

A section: There is no difference between one who has shaved his head and one who has not, in that his Hajj is not corrupted by intercourse after the pelting, and he is liable for a blood sacrifice (dam) and entering into ihram from the Hill. This is the apparent meaning of the words of Ahmad, al-Khiraqi, and those we have named among the imams, because they structured this ruling upon the act of intercourse occurring after the mere act of pelting, without considering any additional factor.

A section: If he performs the circumambulation of the visit (tawaf al-ziyarah) and does not pelting, then has intercourse, his Hajj is not corrupted in any way; because the Hajj has already had all (10) of its essential pillars (arkan) completed, and he is not required to enter into ihram from the Hill, for the pelting is not a pillar.

الحواشي

(7) In the original: "hal". (8) In the original and A: "from which he exited and entered ihram". In B and M: "from which he exited and entered ihram". It is likely that the correct version is what we have established. (9) Omitted from: the original. (10) In A, B, and M: "tammat" (completed).

السابقمجلد 5 · صفحة 376التالي
السابق5·376التالي