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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 429فصل

الترجمة · EN

A third sacrifice for the make-up is obligatory. This is baseless, for no sacrifice is obligatory for the make-up itself; the sacrifice that is due in the year of the make-up is only due because of the missing of the Hajj (fawat). Likewise, the Companions did not command him with more than one sacrifice. And Allah knows best.

Section: If people err regarding the count and stand on other than the night of 'Arafah, that suffices them; due to what al-Daraqutni narrated (23) with his chain of transmission from 'Abd al-'Aziz ibn 'Abd Allah ibn Khalid ibn Usayd, who said: The Messenger of Allah (peace and blessings of Allah be upon him) said: "The day of 'Arafah is the day when the people observe it." If they differ, such that some are correct and some are mistaken regarding the time of standing, it does not suffice them; because they are not excused in this matter. Abu Hurayrah narrated that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Your breaking of the fast is the day you break the fast, and your day of sacrifice is the day you sacrifice." Narrated by al-Daraqutni and others (24).

691 - Issue; He said: (If he is a slave, he does not have the right to slaughter, and he must fast one day for every mudd of the price of the sheep, then he shortens his hair and exits ihram).

This means that a slave is not bound by a sacrifice; because he has no wealth, so he is incapable of the sacrifice and is therefore not bound by it, like the one who is insolvent (mu'sir). The apparent view of al-Khiraqi is that even if his master gave him permission for the sacrifice, he would not have the right to offer it, and nothing would suffice him except fasting. This is the view of al-Thawri, al-Shafi'i, and the scholars of reason (Ahl al-Ra'y). Ibn al-Mundhir mentioned it from them regarding hunting. By this analogy, every blood penalty incurred in ihram cannot be atoned for except by fasting. Others besides al-Khiraqi said: If the master gives him ownership of a sacrifice and permits him to slaughter it, this is referred back to the two narrations. If we say: The slave gains ownership through being gifted it, he is then bound to offer the sacrifice, and it suffices him; because he is capable of the sacrifice and is its owner, so he is bound by it like a free man. And if we say: He does not gain ownership, then nothing suffices him except fasting; because he is not an owner, and he has no path (1) to ownership, so he becomes like the insolvent person who

الحواشي

(22) Omitted from the original. (23) In: Kitab al-Hajj. Sunan al-Daraqutni 2/223, 224. (24) In: Kitab al-Hajj. Sunan al-Daraqutni 3/286. As previously attributed from the narration of others in: 3/286. (1) Omitted from the original.

السابقمجلد 5 · صفحة 429التالي
السابق5·429التالي