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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 262فصل

الترجمة · EN

it [the gift] may be retracted if he is not satisfied with it. This was narrated by Malik in "al-Muwatta" (26). Furthermore, it is a gift through which a reward is obtained from Allah the Exalted, so it is not permitted to retract it, like voluntary charity (sadaqat al-tatawwu').

As for us, there is the saying of the Prophet - peace and blessings of Allah be upon him - to Bashir ibn Sa'd: "Return it," and it is narrated: "Retract it." It was also narrated by Malik from al-Zuhri, from Humayd ibn 'Abd al-Rahman, from al-Nu'man. He ordered him to retract his gift, and the minimum status of a command is permissibility. Bashir ibn Sa'd indeed complied with this (27) and retracted the gift he gave his child. Do you not see that he said in the hadith: "My father returned and retracted that charity"? Interpreting the hadith to mean that he had not given him anything contradicts the apparent meaning of the hadith, for he said: "My father gave me a gift of charity." Furthermore, Bashir's statement: "I gave my son a slave," indicates that he had indeed given it to him. And the saying of the Prophet - peace and blessings of Allah be upon him: "Return it," and his saying: "Retract it." Tawus narrated from Ibn 'Umar and Ibn 'Abbas, attributing the hadith to the Prophet - peace and blessings of Allah be upon him - that he said: "It is not for anyone to give a gift and then retract it, except for the parent regarding what he gives to his child." It was narrated by al-Tirmidhi (28), who said: "A hasan (good) hadith." This specifies the general nature of what they narrated (29) and explains it. Their analogy is refuted by the gift of a stranger, for there is reward and merit in it, as the Prophet - peace and blessings of Allah be upon him - encouraged it. Yet according to them, he has the right to retract it. Charity given to a child (30) is like our issue, and the hadith of al-Nu'man ibn Bashir has demonstrated the right to retract in charity, based on his saying: "My father gave me a gift of charity."

Section: The apparent meaning of al-Khiraqi's words is that the mother is like the father regarding the retraction of a gift because

الحواشي

(26) In: "Chapter of Judgment Regarding Gifts", from the "Book of Judicial Proceedings". Al-Muwatta 2/754. (27) In [M]: "in that regard". (28) In: "Chapter of What Has Been Said Regarding the Dislike of Retracting a Gift", from the "Chapters of Gifts". 'Aridat al-Ahwadhi 8/294. It was also recorded by Abu Dawud, in: "Chapter of Retracting a Gift", from the "Book of Sales". Sunan Abi Dawud 2/261. And Ibn Majah, in: "Chapter of Whoever Gives to His Child and Then Retracts It", from the "Book of Gifts". Sunan Ibn Majah 2/795. And Imam Ahmad, in the Musnad 2/78. (29) In [M]: "narrated it". (30) In [M]: "the parent".

السابقمجلد 8 · صفحة 262التالي
السابق8·262التالي