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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 326

الترجمة · EN

for them. The Prophet (peace and blessings of Allah be upon him) heard this, and Aishah informed the Prophet (peace and blessings of Allah be upon him), who said: "Take her and stipulate the wala' (patronage), for the wala' belongs only to the one who manumits." Aishah did so, then the Messenger of Allah (peace and blessings of Allah be upon him) stood among the people, praised Allah, extolled Him, and then said: "To proceed, what is wrong with men who stipulate conditions that are not in the Book of Allah? Whatever condition is not in the Book of Allah is invalid, even if it were a hundred conditions. The decree of Allah is more worthy, and the condition of Allah is more binding, and the wala' belongs only to the one who manumits." [This is] agreed upon. Thus, he invalidated the condition, but did not invalidate the contract. Ibn al-Mundhir said: The report of Barirah is established, and we know of no report that contradicts it, so acting upon it is obligatory. If it is said: The intent of his saying "Stipulate the wala' for them" means against them, based on the fact that he ordered her to do it, and he would not order her to do something corrupt, we say: This interpretation is not valid for two reasons: First, the wala' belongs to her by virtue of her manumitting, so there is no need to stipulate it. Second, they refused the sale unless the wala' was stipulated for them, so how would he order her to do something he knows they would not accept from her? As for his ordering it, it is not an order in the literal sense; rather, it is a form of command meant to indicate equality between stipulating it and abandoning it, like the saying of the Almighty: {Ask forgiveness for them or do not ask forgiveness for them}, and His saying: {So be patient or do not be patient}. The implied meaning is: Stipulate the

الحواشي

(19) Narrated by al-Bukhari in: Chapter on the mukatab (bondman under manumission contract) seeking help and asking people, from the Book of al-Mukatab; Chapter on what is permitted of the conditions of the mukatab...; and Chapter on conditions regarding wala', from the Book of Conditions. Sahih al-Bukhari 3/199, 250-252. And by Muslim in: Chapter that wala' belongs only to the one who manumits, from the Book of Manumission. Sahih Muslim 2/1141-1143. It was also narrated by Abu Dawud in: Chapter on selling a mukatab if the manumission contract is annulled, from the Book of Manumission. Sunan Abi Dawud 2/346, 347. And by al-Tirmidhi in: Chapter on what is mentioned regarding a man giving in charity or manumitting at the time of death, from the Chapters of Bequests. Aridat al-Ahwadhi 8/280, 281. And by al-Nasa'i in: Chapter on selling a mukatab, and Chapter on a mukatab being sold before anything of his manumission contract is paid, from the Book of Sales. al-Mujtaba 7/268, 269. And by Imam Malik in: Chapter on the outcome of wala' for the one who manumits, from the Book of Manumission. al-Muwatta 2/780, 781. (20) In M: "sifah". (21) Surah al-Tawbah 80. (22) Surah al-Tur 16.

السابقمجلد 6 · صفحة 326التالي
السابق6·326التالي