ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 228فصل

الترجمة · EN

Section: Regarding one from whom a right is requested, who refuses to pay it until the recipient provides testimony against himself concerning the receipt: you should examine the case. If the right was against him without evidence, the recipient is not required to provide testimony, because there is no harm in that; for whenever he claims the right against the payer after that, he says: "There is nothing due from me." And his statement is accepted along with his oath. If the right was established by evidence, and the one against whom the right is held is one whose statement is accepted regarding repayment—like a bailee or an agent without a fee—then it is the same; because whenever a right is claimed against him, or evidence is established for it, his statement is accepted regarding repayment. But if he is someone whose statement is not accepted regarding repayment, or if there is a disagreement regarding the acceptance of his statement—like an usurper, a borrower, or a pawnee—he is not required to surrender what he received except by providing testimony, so that the recipient does not deny the receipt. The statement of the payer is not accepted regarding repayment. If he says: "He is entitled to nothing from me," evidence is established against him. When he has provided testimony against himself regarding the receipt, he is not required to surrender the document of the right to the one against whom the right is held; because the evidence of receipt cancels the first evidence, and the document is his property, so he is not required to surrender it to anyone else.

844 - Issue; he said: "And an agent's purchase from himself is not permissible. Likewise the executor."

In summary, whoever is appointed as an agent to sell something, it is not permissible for him to purchase it from himself, according to one of the two narrations. It was transmitted by Muhanna. This is the school of al-Shafi'i and the scholars of opinion (Ashab al-Ra'y). Likewise, the executor; it is not permissible for him to purchase anything from the orphan's property for himself, according to one of the two narrations. This is the school of al-Shafi'i. It is narrated from Malik and al-Awza'i that it is permissible in both cases. The second narration from Ahmad is: It is permissible for both of them to purchase under two conditions: First, that they exceed the amount of its price in the public call (auction). Second, that someone else oversees the public call. Al-Qadi said: It is possible that the requirement of having someone else oversee the public call is mandatory,

الحواشي

(14) In A, B, and M: "it is mandatory for him". (15) In B and M: "the judge is to provide testimony". (16) In M there is an addition: "upon him". (17) Omitted from: the original, A. (18) In M: "or if". (1) In the original, A: "for the call".

السابقمجلد 7 · صفحة 228التالي
السابق7·228التالي