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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 5 · صفحة 49الفصل الرابع

الترجمة · EN

a sacrificial animal, and he granted him permission to offer it, and we said that he owns it, then he is like one who possesses the sacrificial animal and does not leave the state of ihram except by it. If we say: He does not own it, then his obligation is fasting. If his master granted him permission for a tamattu' or qiran, then fasting is upon him in place of the mandatory sacrificial animal for both of them. Al-Qadi mentioned that it is upon his master to bear that on his behalf, because it is by his permission, and thus it is upon the one who granted permission, just as if the agent performed it with the permission of the one appointing him. This is not sound, because the Hajj belongs to the slave, and this is one of its requirements, so it is upon him, like a woman when she performs Hajj with the permission of her husband. It differs from one who performs Hajj on behalf of another; for the Hajj belongs to the one who appointed him, so its requirement is upon him. If he performs tamattu' or qiran without the permission of his master, then the fasting is upon him without disagreement. If he corrupts his Hajj, he must fast for that; for he has no wealth, and he is like an insolvent free person.

Section Four: If a slave has intercourse during his ihram before the first stage of leaving the state of ihram, it is corrupted, and he is required to proceed with his corrupted Hajj, like a free person. However, if the ihram was with permission, his master does not have the right to remove him from it; for he does not have the right to prevent him from a valid one, so he does not have the right to prevent him from a corrupted one. If the ihram was without the permission of his master, he has the right to make him leave it; because he possesses the right to make him leave a valid one, so a corrupted one is even more deserving. He must perform the makeup (qada), whether the ihram was with permission or without, and the makeup is valid during the state of his servitude, because it became mandatory during the state of servitude, so it is valid during it, like prayer and fasting. Then, if the ihram which he corrupted was with permission, he does not have the right to prevent him from its makeup, because his permission for the first Hajj is a permission for its consequences and implications, and from its consequences is the makeup for what he corrupted.

الحواشي

(11) In M: "like the mandatory sacrificial animal". (12) In M: "qarin". (13) In A, M: "because". (14) Omitted from: M. (15) In M: "his permission". (16) In M: "in it". (17) In M: "from it".

السابقمجلد 5 · صفحة 49التالي
السابق5·49التالي