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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 205فصل

الترجمة · EN

the prescribed punishment (26), 'Urwah to purchase a sheep (27), and 'Amr and Abu Rafi' to accept a marriage contract without a fee (28). He used to send his officials to collect zakat, and would provide them with a wage ('umalah). For this reason, his two cousins said to him: "If you sent us to collect these zakat, we would perform for you what people perform, and we would receive what people receive (29)?" referring to the wage. If it is with a fee, the agent is entitled to the fee upon delivering what he was appointed to do to the principal, if it is something that can be delivered, such as a garment he weaves, shortens, or sews; when he delivers it to the principal as finished work, he is entitled to the wage. If the tailor is in the principal's house, then whenever he does something, it is considered received, so the agent is entitled to the fee when the tailor finishes the sewing. If he is appointed for a sale, purchase, or Hajj, he is entitled to the wage when he performs it, even if he did not collect the price in the sale. If he says: "If you sell the garment, collect its price, and deliver it to me, you shall have the wage," he is not entitled to any part of it until he delivers it to him, and if the delivery is missed, he is not entitled to anything due to the failure of the condition.

Section: Agency is not valid except for a specified action. If he says: "I have appointed you for everything," or "for every small and large matter," or "for every action that is permissible for me," or "for everything I have the right to act upon," it is not valid. Abu Hanifah and al-Shafi'i held this view. Ibn Abi Layla said: It is valid, and he possesses through it everything the phrasing covers, because it is a general term, so it is valid in what it covers, just as if he said: "Sell all my property." Our evidence is that there is great uncertainty (gharar) and significant risk in this, because it would include gifting his wealth, divorcing his wives (30), manumitting his slaves, and marrying many women (31). This would necessitate many dowries and huge payments, thus the harm becomes great. If he says: "Buy for me whatever you wish," it is not valid, because he might buy something for which he cannot afford the price. It has been narrated from Ahmad what indicates its validity, due to his statement regarding two men, where each of them said to the other: "Whatever you buy of anything, it is between us." He said: It is permissible. And he liked it. Also, because the partner and the mudarib (entrepreneur in mudarabah) are agents to buy whatever they wish. Therefore, according to this, he has no right to buy except at the market price or less, and he may not buy what the principal cannot afford the price of, nor what he does not see as being in his interest to purchase.

الحواشي

(26) Its citation was mentioned previously on page 202. (27) Its citation was mentioned previously in: 6/295. (28) Its citation was mentioned previously on page 197. (29) Its citation was mentioned previously in: 4/113. (30) In B: "his wives" (zawjatihi). (31) In B, M: "many" (kathirah).

السابقمجلد 7 · صفحة 205التالي
السابق7·205التالي