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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 7 · صفحة 429فصل

الترجمة · EN

wine in it does not necessitate the forfeiture of liability for it, just like a house that has been made a storage for wine. The second view is that it is not guaranteed (liable), based on what Imam Ahmad narrated in his Musnad (31): Abu Bakr ibn Abi Maryam narrated to us from Damrah ibn Habib, who said: Abdullah ibn Umar said: The Messenger of Allah, may Allah bless him and grant him peace, ordered me to bring him a mudyah (a blade), which is the knife. I brought it to him, so he sent it to be sharpened, then he gave it back to me and said: "Come to me with it in the morning." I did so, and he went out with his companions to the markets of Medina, where there were skins of wine that had been brought from the Levant. He took the knife from me and slit all of those skins that were in his presence. He ordered his companions who were with him to accompany me and assist me, and he ordered me to go to all the markets, and not find a single skin of wine without slitting it. I did so, and I did not leave a single skin in its markets without slitting it. It was also narrated from Anas, who said: I was serving Abu Talhah, Ubayy ibn Ka'b, and Abu Ubaydah a beverage made from fadikh (date/grape juice). Someone came to us and said: "Indeed, wine has been prohibited." Abu Talhah said: "O Anas, stand up to these large jars and break them." This indicates the loss of their protected status and the permissibility of destroying them, so he is not liable for them, like other permissible things.

Section: Usurpation (ghasb) is not established in that which is not property, such as a free person; for he is not guaranteed through usurpation, but rather guaranteed through destruction (itlaf). If one takes a free person and detains him until he dies while in his possession, he is not liable, because he is not property. If he forces him to work, the wage of his equal (ajr al-mithl) is obligatory upon him, because he consumed his services, which have value, so he is liable for them, just like the services of a slave. If he detains him for a period that has an equivalent wage, there are two views regarding it: one of them is

الحواشي

(31) In 2/133. (32) Omitted from: The original. (33) In the original: "market". (34) Omitted from: M. (35) Fadikh: grape juice. (36) Extracted by al-Bukhari in: The Chapter on the Revelation of the Prohibition of Wine, from The Book of Drinks; and in: The Chapter on what has been narrated regarding the validity of the report of a single narrator, from The Book of Individual Reports. Sahih al-Bukhari 7/136, 9/108, 109. And Muslim in: The Chapter on the Prohibition of Wine, from The Book of Drinks. Sahih Muslim 3/1572. And Imam Malik in: The Comprehensive Chapter on the Prohibition of Wine, from The Book of Drinks. al-Muwatta 2/846.

السابقمجلد 7 · صفحة 429التالي
السابق7·429التالي