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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 196

الترجمة · EN

at the time of gathering. It is possible that he receives a third, because partnership entails equality, and equality is not achieved except by dividing it among them in thirds. This is more correct, because the partnership of one [person] only implied half, [this being] for the sake of achieving equality through it. If each of them made him a partner separately, he would have half, and each of them would have a quarter. If he said: "Make me a partner in it," and one of them made him a partner, then according to the first view, he has half of the share of the one who made him a partner, which is a quarter, and according to the other, he has a sixth, because the request for partnership from them entails a request for a third of what is in the hand of each of them, so that he may be equal to them. Thus, when one of them answers him, the ownership is established for him in what he requested from him. [If one of them said to him: "We have made you a partner," it depends on the disposition of the unauthorized agent (fuduli).] If we say: It is suspended until the permission of his companion, then he permits it, does ownership of his half or his third be established for him? There are two views. If he said to one of them: "Make me a partner in half of this slave," and he made him a partner, and if we say: It is suspended until the permission of his companion, and he permits it, he then has half of the slave, and they [together] have half, otherwise he has half of the share of the one who made him a partner. If he bought a slave and a man met him and said: "Make me a partner in this slave." He said: "I have made you a partner (11)." He then has half of him. If another met him and said: "Make me a partner in this slave," and he was aware of the partnership of the first, he has a quarter of the slave, which is half the share of the one who made him a partner; because his request for participation returned to what the partner owned, which is [the half, so it is between them. And if he did not know of the partnership of the first, he is a seeker of half the slave; because of his belief] (12) that the whole slave belongs to the one from whom he requested participation. When he said to him: "I have made you a partner in it," it admits of three views; one of them is that he obtains half of the entire slave,

الحواشي

(9) In M: "participation". (10) Omitted from: "the original". (11) In M: "I have made you a partner". (12) Omitted from: "the original".

السابقمجلد 6 · صفحة 196التالي
السابق6·196التالي