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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 6 · صفحة 576فصل

الترجمة · EN

His clothing shall likewise be of the type that his peers wear, and the clothing and maintenance of his wife shall be such as is customary for someone of her status. The minimum clothing that suffices for him is a shirt, trousers, and something to cover his head—either a turban or a cap, or something else customary—and footwear, if he is accustomed to it. If he is in need of a cloak (jubba) or a fur garment to ward off the cold, it shall be provided to him. If he possesses clothes that his peers would not wear, they shall be sold, and clothing similar to what his peers wear shall be bought for him, with the surplus returned to the creditors. If, however, there would be no surplus after selling them and buying appropriate clothing, they shall be left as they are, for there is no benefit in selling them.

Section: If the insolvent person dies, he shall be shrouded from his wealth, because his maintenance was obligatory from his wealth during his lifetime, so his preparation after death is likewise obligatory from it, as it is for others. The same applies to shrouding those whom he supports, as they are in the same position as him. However, the shrouding of the wife is not obligatory, because her maintenance is required in exchange for conjugal enjoyment (istimta'), which ceases upon death; thus, the maintenance requirement lapses. This is distinct from the case of relatives, because their kinship remains. If one of his slaves dies, it is obligatory to shroud and prepare him, because his maintenance is not in exchange for benefit derived from him; this is why the maintenance of a minor or an object sold before delivery is obligatory. He shall be shrouded in three garments, just as he used to wear three garments during his life. It is also possible that he may be shrouded in a single garment that covers him, for that suffices him, and there is no need for anything more. This differs from the state of life, as he must cover his head, and leaving it uncovered would harm him, unlike the deceased. Spending on the insolvent person continues until the completion of the distribution among the creditors, because his ownership does not cease until then. The school of al-Shafi'i on this section is similar to what we have mentioned.

806 - Issue: He said: (His house, which he cannot do without for his residence, shall not be sold.)

The gist of this is that when an insolvent person is placed under interdiction (hajr), the judge sells his property. It is recommended that the insolvent person be present during the sale for four reasons: First, to enumerate and keep track of its price. Second, because he is more knowledgeable about the price of his goods, their quality, and their defects; if he is present, he can speak regarding them and recognize if there is any fraud. Third, that the desire for the item may increase, as purchasing it from the owner is more desirable to the buyer. Fourth, that it is more agreeable to his soul and provides more peace of mind to his heart.

الحواشي

(3) In manuscript M: "or". (1) Omitted from: M.

السابقمجلد 6 · صفحة 576التالي
السابق6·576التالي