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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 341

الترجمة · EN

It was said: O Messenger of Allah, what is their due? He said: "Lending their bucket, allowing the use of their stud-camel, and giving the gift of their milk on the day they are brought to water." Thus, Allah the Exalted condemned the one who withholds the loan, and the Messenger of Allah - may Allah bless him and grant him peace - threatened him with what he mentioned in his report. Our evidence is the saying of the Prophet - may Allah bless him and grant him peace -: "If you pay the zakat of your wealth, you have fulfilled what is incumbent upon you." Narrated by Ibn al-Mundhir. It is also narrated from the Prophet - may Allah bless him and grant him peace - that he said: "There is no due in wealth other than the zakat." In the hadith of the bedouin who asked the Messenger of Allah - may Allah bless him and grant him peace -: "What has Allah obligated upon me regarding charity?" He replied: "Zakat." He asked: "Is there anything else upon me?" He said: "No, unless you volunteer something," or as he said. The verse has been interpreted by Ibn 'Umar, al-Hasan al-Basri, and also Zayd ibn Aslam as referring to zakat. 'Ikrimah said: If he combines the three, then he is doomed: if he is neglectful of his prayer, practices showing off, and withholds the al-ma'un. It is obligatory to return the loan if it remains in existence, without disagreement. It is obligatory to guarantee it if it has perished, whether the borrower transgressed regarding it or did not. This was narrated from Ibn 'Abbas and Abu Hurayra. 'Ata', al-Shafi'i, and Ishaq held this view. Al-Hasan, al-Nakha'i, al-Sha'bi, 'Umar ibn 'Abd al-'Aziz, al-Thawri, Abu Hanifah, Malik, al-Awza'i, and Ibn Shubruma said: It is a trust (amanah) that does not require a guarantee except by transgression, due to what 'Amr ibn Shu'ayb narrated from his father, from his grandfather, that the Prophet - may Allah bless him and grant him peace - said: "The borrower, other than the traitor, has no guarantee." And because he took possession of it with the permission of its owner, it is a trust, like a deposit (wadi'ah). They said: The saying of the Prophet - may Allah bless him and grant him peace - "The loan is to be returned" indicates that it is a trust, due to the saying of Allah, the Exalted: "Indeed, Allah commands you to render trusts to whom they are due" (Surah An-Nisa': 58).

الحواشي

(7) Narrated by Muslim, in: The Chapter on the Sin of Withholding Zakat, from the Book of Zakat. Sahih Muslim 2/684, 685. Al-Nasa'i, in: The Chapter on the Withholder of Zakat of Cattle, from the Book of Zakat. Al-Mujtaba 5/18. Al-Darimi, in: The Chapter on Those Who Do Not Pay Zakat on Camels, Cows, and Sheep, from the Book of Zakat. Sunan al-Darimi 1/379, 380. Imam Ahmad, in: Al-Musnad 3/321. None of the authors of these sources narrated it from Abu Hurayra with this wording; rather, they narrated it from Jabir ibn 'Abd Allah. See Musannaf 'Abd al-Razzaq 4/26-30, Al-Fath al-Rabbani 8/198, 15/128, 129, and Irwa' al-Ghalil 5/346, 347. (8) Narrated by al-Tirmidhi, in: The Chapter on What Has Been Said Regarding 'If You Pay Zakat, You Have Fulfilled What Is Upon You', from the Chapters on Zakat. 'Aridat al-Ahwadhi 3/97. Ibn Majah, in: The Chapter on What Is Not a Treasure If Its Zakat Is Paid, from the Book of Zakat. Sunan Ibn Majah 1/570. (9) Its authentication was provided previously on 4/7. (10) Its authentication was provided previously on 2/7. (11) Omitted from: B, M. (12) Al-mughill: the traitor. (13) Narrated by al-Bayhaqi, in: The Chapter on Those Who Say There Is No Liability, from the Book of Sales. Al-Sunan al-Kubra 6/91. And 'Abd al-Razzaq, in: The Chapter on Loan for Use, from the Book of Sales. Al-Musannaf 8/178. And al-Daraqutni, in: The Book of Sales. Sunan al-Daraqutni 3/41.

السابقمجلد 7 · صفحة 341التالي
السابق7·341التالي