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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 508٩٧٢ - مسألة؛ قال: (ومن جاوز العشر سنين؛ فوصيته جائزة إذا وافق الحق)

الترجمة · EN

The amount due to him from the damages (57) exhausts the value of the perpetrator, so he is entitled to it because of that, and no wealth remains for his master other than it, so a third of him is emancipated and two-thirds remain in servitude. If he emancipated two slaves, the value of one being fifty and the value of the other being thirty, and the lower [slave] committed a crime against the higher one, diminishing him until his value became forty, we draw lots between them. If the lot falls to the lower [slave], a 'thing' of him is emancipated, and he is liable for a third of a 'thing'. After algebraic adjustment, it becomes clear that the two slaves are two 'things' and two-thirds. Thus, the 'thing' is three-eighths of them, and their value is seventy, so three-eighths of it is twenty-seven and a quarter (58), which is half, two-fifths, and half of a sixth of a tenth of the lower [slave]. If it falls upon the other [slave], a third of him is emancipated, and his share of the crime is more than the value of the perpetrator, so he takes it for that, or the emancipator pays the ransom for him. Many sub-issues remain, and what we have mentioned contains that which can be used to deduce others, God willing. In every case where the emancipation exceeds a third of the two slaves due to the obligation of damages for the master, the excess is contingent upon the payment of the damages, as we mentioned before. And God knows best.

972- Issue: He said: "And whoever passes ten years, his will is valid if it conforms to the truth."

This is the explicit text reported from Ahmad, for he said in the narration of Salih and Hanbal: "His will is valid if he reaches ten years." Abu Bakr said: "There is no disagreement in the school that whoever is ten years old, his will is valid; and whoever is under seven, his will is not valid. Regarding what is between seven and ten, there are two narrations." Ibn Abi Musa said: "The will of a boy under ten or a girl (1) is not valid, according to a single opinion, and what is beyond ten is valid, according to the explicit text." There is another view that it is not valid until

الحواشي

(57) In the Original: "damages (arsh)". (58) In the margin of M: "The correct version is twenty-six and a quarter, and it is half, a quarter, and an eighth of the lower one." This is correct. (1) In the margin of the Original: "under nine".

السابقمجلد 8 · صفحة 508التالي
السابق8·508التالي