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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 222فصل

الترجمة · EN

the treasury in the prayer direction (qibla) of the mosque, for there will never cease to be someone praying in the mosque. This took place in the presence of the Companions, and no dissent to it appeared, so it constituted consensus. Furthermore, in what we have mentioned is the preservation of the endowment in its meaning when it is impossible to preserve it in its form, so this becomes obligatory, just as if one were to have a child with an endowed slave-girl or if someone else kissed her. Ibn Aqil said: "The endowment is perpetual, so if it is impossible to maintain its perpetuity in one way, it is focused on preserving the purpose, which is the utilization in perpetuity for another entity. The delivery of the substitutes follows the status of the entities, and our rigid adherence to the entity while it is inoperative is a waste of the purpose. This is close to the sacrificial animal (hady) if it becomes incapacitated [during the journey], for it is slaughtered immediately even if it was restricted to a specific place. Thus, when the realization of the purpose became impossible in its entirety, as much of it as possible was utilized, and the consideration of the specific location was abandoned when it became impossible; for keeping to it while it is impossible leads to the loss of the benefit entirely. Thus is the endowment with hindered benefits. Our argument against Muhammad ibn al-Hasan is that it is the removal of ownership for the purpose of drawing closer to Allah, so it does not return to its owner upon its impairment and the loss of its benefits, like manumission (itq).

A section: The apparent meaning of the words of al-Khiraqi is that if an endowment is sold, whatever is purchased with its price from that which will benefit the people of the endowment is permitted, whether it is of its own kind or of another kind; for the objective is the benefit, not the kind. However, the benefit must be directed toward the interest to which the first was directed, because it is not permitted to change the objective while it is possible to preserve it, just as it is not permitted to change the endowment by sale while it is possible to utilize it.

A section: And if the price of the tethered horse is not enough to buy another horse, it is used as assistance in buying a tethered horse, such that it covers part of the price. Ahmad specified this; for the objective is

الحواشي

(9) Omitted from: the original. In M: "musalla". The verified reading is from al-Sharh al-Kabir 3/420. (10) In the original: "takhsisuhu". (11) Omitted from: the original. (12) In M: "yaf". (13) In the original: "al-habs".

السابقمجلد 8 · صفحة 222التالي
السابق8·222التالي