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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 316فصل

الترجمة · EN

from every part of the estate. Regarding the followers of al-Shafi'i, in the case where the acknowledger is truthful between himself and God Almighty, is he obligated to pay the acknowledged person his share? There are two views. One of them is that he is obligated to do so, and this is the most correct view. And is he obligated to pay him half of what is in his hand or a third? [There are two views on this].

Section: If all the heirs acknowledge the lineage of someone who shares in the inheritance with them, his lineage is established, regardless of whether the heirs are one person or a group, male or female. This is the opinion of al-Shafi'i, Abu Yusuf, and it is narrated from Abu Hanifa; because the heir stands in the place of the deceased regarding his inheritance, his debts, the debts owed to him, his evidence, his claims, and the oaths that are for him and against him, and likewise in the case of lineage. Aisha narrated that Sa'd ibn Abi Waqqas and 'Abd ibn Zam'a disputed over the son of the slave-woman of Zam'a. Sa'd said: "My brother 'Utba instructed me when I came to Mecca to look at the son of the slave-woman of Zam'a and take him, for he is his son." 'Abd ibn Zam'a said: "He is my brother and the son of my father's slave-woman, born on his bedding (firash)." The Messenger of God - peace and blessings of God be upon him - said: "He is yours, O 'Abd ibn Zam'a, and for the fornicator is the stone." He judged in favor of 'Abd ibn Zam'a and said: "Observe the hijab (veiling) from him, O Sawda." The well-known view from Abu Hanifa is that it is not established except by the acknowledgement of two men, or one man and two women.

الحواشي

(6) In A and B: "so they differed." (7) In M: "there are two views." (8) The wa [conjunction] is omitted from: M. (9) Omitted from: the original, A, and B. (10) Narrated by al-Bukhari, in: The Chapter on the Interpretation of Ambiguities, and the Chapter on Purchasing a Slave from a Warring Party and Gifting and Freeing Him, from the Book of Sales; and in: The Chapter on the Claim of an Executor for the Deceased, from the Book of Disputes; and in: The Chapter on the Mother of the Child (Umm al-Walad), from the Book of Manumission; and in: The Chapter on the Statement of the Testator: 'Attend to my children...', from the Book of Bequests; and in: The Chapter on 'And al-Layth said...', from the Book of Military Expeditions; and in: The Chapter on 'The Child is for the Bedding', and the Chapter on 'Whoever Claims a Brother or Nephew', from the Book of Inheritance; and in: The Chapter on 'For the Fornicator is the Stone', from the Book of Prescribed Punishments; and in: The Chapter on 'Whoever is Judged to have his Brother's Right...', from the Book of Judgments. Sahih al-Bukhari 3/70, 106, 161, 4/4, 5/192, 8/191, 194, 205, 9/90. And Muslim, in: The Chapter on 'The Child is for the Bedding and Avoiding Ambiguities', from the Book of Nursing. Sahih Muslim 2/1080, 1081. And Abu Dawud, in: The Chapter on 'The Child is for the Bedding', from the Book of Divorce. Sunan Abi Dawud 1/528, 529. And al-Tirmidhi, in: The Chapter on 'What has been said that the child is for the bedding', from the Chapters of Nursing, and in: The Chapter on 'What has been said: No bequest to an heir', from the Chapters of Bequests. 'Aridat al-Ahwadhi 5/102, 103, 8/275, 278. And al-Nasa'i, in: The Chapter on 'Attaching the child to the bedding...', and the Chapter on 'The bedding of the slave-woman', from the Book of Divorce. al-Mujtaba 6/148, 149. And Ibn Majah, in: The Chapter on 'The child is for the bedding and for the fornicator is the stone', from the Book of Marriage, and in: The Chapter on 'No bequest to an heir', from the Book of Bequests. Sunan Ibn Majah 1/646, 647, 2/905. And al-Darimi, in: The Chapter on 'The child is for the bedding', from the Book of Marriage, and in: The Chapter on 'The inheritance of the child of adultery', from the Book of Inheritance. Sunan al-Darimi 2/152, 389. And Imam Malik, in: The Chapter on 'Judgment regarding attaching a child to his father', from the Book of Judgments. al-Muwatta 2/739. And Imam Ahmad, in: al-Musnad 6/37, 129, 200, 226, 237. (11) In B: "and with debt." (12) Narrated by al-Bukhari, in: The Chapter on the Sanctity of Medina, from the Book of the Virtues of Medina, and in: The Chapter on the Covenant of the Muslims and their Protection..., from the Book of Tribute (Jizya). Sahih al-Bukhari 3/26, 4/122. And Muslim, in: The Chapter on the Prohibition of a Freed Slave Taking Guardians other than his Own, from the Book of Manumission. Sahih Muslim 2/1147. And Abu Dawud, in: The Chapter on a Man Affiliating himself with other than his own patrons, from the Book of Manners. Sunan Abi Dawud 2/623, 624. And al-Tirmidhi, in: The Chapter on 'What has been said: No bequest to an heir', from the Chapters of Bequests, and in: The Chapter on 'What has been said regarding whoever takes guardians other than his own...', from the Chapters of Clientage (Wala'). 'Aridat al-Ahwadhi 8/275, 276, 287. And Ibn Majah, in: The Chapter on 'Whoever claims lineage other than his father...', from the Book of Prescribed Punishments, and in: The Chapter on 'No bequest to an heir', from the Book of Bequests. 'Aridat al-Ahwadhi 2/870, 905. And al-Darimi, in: The Chapter on 'He who affiliates with other than his own patrons', from the Book of Military Expeditions, and in: The Chapter on 'Whoever claims lineage other than his father', from the Book of Inheritance. Sunan al-Darimi 2/244, 344. And Imam Ahmad, in: al-Musnad 1/328, 4/187, 239.

السابقمجلد 7 · صفحة 316التالي
السابق7·316التالي