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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 389فصل

الترجمة · EN

The obligation in the case of nails is by way of analogy to hair, so the ruling of the derivative case is the same as the ruling of its root. No portion of the blood sacrifice is obligatory for less than four or three [nails]; because when a living animal becomes mandatory as an act of worship, no fraction of it can be substituted, just like Zakat.

Section: Regarding clipping a part of a nail, the ruling is the same as for clipping the whole of it. Likewise, cutting a part of a hair is the same as cutting all of it; because the Fidyah is obligatory for [any] hair or nail, regardless of whether it is long or short. It is not measured by area so that the compensation would be proportionate to it; rather, it is like a Mudiha wound [a wound that exposes the bone], where the compensation for a small one is the same as that for a large one. Ibn 'Aqil derived a position that it is obligatory in proportion to what was destroyed, just as a third of the blood money is due for the phalanx of a finger. And Allah knows best.

680 - Issue: He said: "If a pilgrim in ihram uses perfume intentionally, he must wash off the perfume, and a blood sacrifice is incumbent upon him. The same applies if he wears sewn clothing or khuff (leather socks) intentionally while he can find sandals; he must take them off, and a blood sacrifice is incumbent upon him."

There is no disagreement regarding the obligation of the Fidyah upon a pilgrim in ihram if he uses perfume or wears [prohibited items] intentionally, because he has indulged in a prohibited act while in his ihram, so the Fidyah becomes binding upon him, just as if he had indulged by shaving his hair or clipping his nails. What is required of him is to offer a blood sacrifice, and there is no difference in this regard between a small or large amount of perfume, or a small or large amount of wearing [prohibited clothing]. This is the opinion of al-Shafi'i. Abu Hanifah said: "A blood sacrifice is not obligatory unless one perfumes an entire limb, and in the case of clothing, by wearing it for a full day and night. There is nothing [obligatory] for less than that, because he has not worn it in the customary manner, thus it resembles the case where he wraps himself with a shirt." Our position is that this is a matter wherein he has obtained enjoyment from a prohibited act, so the mere act is considered [sufficient], like sexual intercourse, as a prohibited act; thus, its Fidyah is not measured by time, unlike other prohibitions. What they have mentioned is not correct; for people vary in their customs regarding clothing, and because what they have mentioned is an estimation, and estimations in this field are subject to textual revelation (tawqif), and their estimation...

الحواشي

(4) In the original: "some of the animal". (1) In A, B, and M: "mata" (when). (2) In B and M: "bil-mahzurat" (with the prohibited acts). (3) In A: "bi-mujarrad" (by the mere). (4) In the original and A: "or a prohibited act".

السابقمجلد 5 · صفحة 389التالي
السابق5·389التالي