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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 111

الترجمة · EN

And the sale is prohibited. The companions of al-Shafi'i said: If the adulterant is of a type that has no value, it is permissible to purchase with it; if it is of a type that has value, there are two views regarding the permissibility of spending it. Those who prohibited the spending of adulterated currency argued using the saying of the Prophet (peace and blessings of Allah be upon him): "Whoever deceives us is not of us." Also, because Umar (may Allah be pleased with him) prohibited the sale of the dregs of the treasury (bayt al-mal). And because its intended object is unknown, it is similar to the dust of goldsmiths. It is more appropriate to interpret the statement of Ahmad regarding permissibility as applying specifically to cases where the adulteration is manifest and has become a matter of custom; for dealing with such is permissible, as it involves nothing more than its consisting of two types, in which there is no gharar (uncertainty/hazard), so it does not prevent their sale, just as if they were distinct. Furthermore, this is widespread across the ages, practiced among them without objection; and in its prohibition lies hardship and harm. Purchasing with it is not deception of the Muslims, nor is it misleading them, and its intended object is manifest, visible, and known, unlike the dust of goldsmiths. The narration of prohibition is interpreted as applying to that whose adulteration is hidden and which leads to confusion, for that leads to deceiving the Muslims. Ahmad pointed to this in the case of a man who had counterfeit dirhams accumulated with him; what should he do with them? He said: 'Melt them down.' It was said to him: 'Shall he sell them for dinars?' He said: 'No.' It was said: 'Shall he sell them for fulus?' He said: 'No.' It was said: 'For merchandise?' He said: 'No, for I fear that he may deceive a Muslim with them.' It was said to Abu Abd Allah: 'Should he give them away in charity?' He said: 'I fear that he may deceive a Muslim with them.' He further said: 'It is not befitting for him, for he would be deceiving the Muslims with them. I do not say it is haram, because it is based on an interpretation, and I only disliked it because he would be deceiving a Muslim with it.' He thus explicitly stated that he only disliked it due to the deception of the Muslims contained therein.

الحواشي

(4) In M addition: "of". (5) Narrated by Muslim, in: The Chapter on the saying of the Prophet (peace and blessings of Allah be upon him): "Whoever deceives us is not of us," from the Book of Faith. Sahih Muslim 1/99. And Abu Dawud, in: The Chapter on the prohibition of deception, from the Book of Sales. Sunan Abi Dawud 2/244. And al-Tirmidhi, in: The Chapter on what has been narrated regarding the dislike of deception in sales, from the Chapters on Sales. 'Aridat al-Ahwadhi 6/55. And Ibn Majah, in: The Chapter on the prohibition of deception, from the Book of Trade. Sunan Ibn Majah 2/749. And al-Darimi, in: The Chapter on the prohibition of deception, from the Book of Sales. Sunan al-Darimi 2/248. And Imam Ahmad, in: al-Musnad 2/50, 242, 417, 3/466, 4/45.

السابقمجلد 6 · صفحة 111التالي
السابق6·111التالي