ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 91فصل

الترجمة · EN

to know the characteristics of what is specified within it, such as the rahwal and others. It is either tried out, so he knows it through seeing it, or he describes it; and if it is done via description, then once it is found, that suffices because it is possible to define it by description, so the contract regarding it is permissible, like a sale. If he rents based on description for riding, he needs to mention the genus, so he says: camels, horses, mules, or donkeys. And the type, so he says: Bactrian or Arabian. And in horses: Arabian or pack-horse (birdhawn). And in donkeys: Egyptian or Syrian. If there is a variation within the type, such as the smooth-gaited (muhamlaj) among horses, or the slow-gaited (qatuf), it needs to be mentioned. The Qadi mentioned that it is necessary to know the gender of male or female. This is the school of al-Shafi'i, because the purpose varies thereby, for the female is easier and the male is stronger. It is possible that it does not require knowing that, because the difference therein is minor. Whenever the hire is to Mecca, the correct view is that it does not need to mention the genus or the type; because the custom is that what is carried on the road to Mecca is only the Arabian camels, not the Bactrian.

Section: If the hire is to Mecca, or a route where the journey is not at the choice of the contracting parties, there is no basis for mentioning the estimation of the journey therein; because that is not up to them, nor is it within their power. If it is on a route where the journey is up to them, it is recommended to mention the amount of the journey each day. If he keeps it absolute while the route has known stages, the contract is permissible in an absolute sense; because it is known by custom. Whenever they differ regarding that, or in the time of travel by night or day, or in the place of the stop—either inside the town or outside of it—they are referred to custom, just as if they left the price absolute in a town with a known currency. And if

الحواشي

(8) Al-rahwal, in Kurdish: the pack-horse (birdhawn) when it has a soft back in its gait. Al-Alfaz al-Farsiyyah al-Mu'arrabah, by Addi Sher, 74. (9) Al-muhamlaj: that which has been tamed and whose rein is supple among beasts. (10) Al-qatuf: that which performs poorly in its gait and is slow. (11) In the original: "wa al-tariqu".

السابقمجلد 8 · صفحة 91التالي
السابق8·91التالي