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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 110

الترجمة · EN

and the Christian with the wealth, excluding him, provided he is the one managing it; this is because he deals in usury (riba). This is the view of al-Hasan and al-Thawri. Al-Shafi'i disliked entering into a partnership with them absolutely, because it is narrated from 'Abdullah ibn 'Abbas that he said: "I dislike that a Muslim should enter into a partnership with a Jew." No opponent to him [among the Companions] is known. Also, because the wealth of the Jew and the Christian is not pure (tayyib), for they sell wine and deal in usury, so interacting with them is disliked. Our evidence is what al-Khallal narrated with his chain of transmission from 'Ata', who said: "The Messenger of Allah (may Allah bless him and grant him peace) forbade entering into a partnership with a Jew or a Christian, unless the buying and selling is in the hands of the Muslim." And because the underlying cause ('illa) for the dislike of what they are left alone to manage is their dealing in usury and selling wine and pork, and this is absent in matters where a Muslim is present or in charge. The statement of Ibn 'Abbas is interpreted in this light, for he provided the reason that they deal in usury. This is how al-Athram narrated it from Abu Hamza, from Ibn 'Abbas, that he said: "Do not enter into a partnership with a Jew, nor a Christian, nor a Magian, because they deal in usury, and usury is not lawful." This is the opinion of one Companion whose prevalence among them is not established, and they do not use it as evidence. As for their statement that their wealth is not pure, it is not correct; for the Prophet (may Allah bless him and grant him peace) interacted with them, and he mortgaged his coat of mail to a Jew for some barley he took for his family, and he sent to another asking him for two garments to be paid at a later time, and a Jew hosted him with bread and rancid fat. The Prophet (may Allah bless him and grant him peace) would not eat that which is not pure. As for what they sell of wine and pork before the partnership with a Muslim, its price is lawful, due to their belief in its permissibility; this is why 'Umar ibn al-Khattab, may Allah be pleased with him, said: "Entrust them with the sale of it and take its price." As for what he buys or sells of wine with the wealth of the partnership or

الحواشي

(6) The conjunction 'waw' was omitted from: the original (al-Asl), A, and B. (7) Omitted from: A. (8) Recorded by Ibn Abi Shaybah as a mawquf report, in: Chapter on Partnership with the Jew and the Christian, from the Book of Sales. al-Musannaf 6/9. (9) Recorded by al-Bayhaqi, in: Chapter on the Dislike of Trading with Those Whose Wealth Is Mostly from Usury..., from the Book of Sales. al-Sunan al-Kubra 5/335. Also by Ibn Abi Shaybah, in: Chapter on Partnership with the Jew and the Christian, from the Book of Sales. al-Musannaf 6/8. (10) The citation was provided previously in: 6/375. (11) Ihala sanikha (rancid fat): Suet (animal fat) that has changed its smell due to staying for a long time. The citation was provided previously in: 6/375.

السابقمجلد 7 · صفحة 110التالي
السابق7·110التالي