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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 491٩٧١ - مسألة؛ قال: (وكذلك الحامل إذا صار لها ستة أشهر)

الترجمة · EN

For they are the people of expertise, experience, and knowledge in this matter. The statement of only two just, adult, Muslim physicians shall be accepted, for the right of the heir and the beneficiaries of the donation is attached to this, and nothing less than that is accepted. The analogy of Al-Khiraqi’s statement implies that the statement of one just physician is accepted if two cannot be found, as he mentioned in the chapter on legal claims. Thus, this category and those similar to it have valid donations, due to what we have mentioned regarding the story of 'Umar, may Allah be pleased with him; when he was wounded, the physician gave him milk to drink, which then exited from his wound, so the physician said to him: 'Make a testament to the people.' He made a testament and a bequest to them, and the Companions agreed upon accepting his testament and bequest. Likewise, when Abu Bakr’s illness became severe, he made a testament to 'Umar, and it was carried out.

971- Issue: He said: (And likewise a pregnant woman when she reaches six months).

He means her donation is from the third of her estate. This is the opinion of Malik. Ishaq said: When she becomes heavy, only the third is permissible for her, without setting a limit. Ibn al-Mundhir narrated this from Ahmad. Sa'id ibn al-Musayyib, 'Ata', and Qatada said: The donation of a pregnant woman is from the third. Abu al-Khattab said: The donation of a pregnant woman is from the entirety of her wealth as long as labor has not gripped her; if labor grips her, then her donation is from the third. Al-Nakha'i, Makhul, Yahya al-Ansari, Al-Awza'i, Al-Thawri, Al-'Anbari, and Ibn al-Mundhir held this view. It is the apparent position of the Shafi'i school, because before labor grips her, she does not fear death, and she only fears death when labor pains strike her, so she resembles those suffering from prolonged illnesses before they become bedridden. Al-Hasan and Al-Zuhri said: Her donation is like the donation of a healthy person, which is the second opinion of the Shafi'i school, because her safety is the most likely outcome. The basis for Al-Khiraqi’s statement is that six months is a time in which birth is possible, and it is one of the causes of destruction.

الحواشي

(77) Omitted from: M. (78) In M: "we mentioned". (1) Omitted from: The original.

السابقمجلد 8 · صفحة 491التالي
السابق8·491التالي