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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 229

الترجمة · EN

The affiliation returns to him and to his masters, similar to the case if a man who invoked li'an (l'ian) were to re-claim his child. This is the view of the majority of the Companions and the jurists. It is narrated from Umar, Uthman, Ali, al-Zubayr, Abdullah, Zayd ibn Thabit, Marwan, Sa'id ibn al-Musayyib, al-Hasan, Ibn Sirin, Umar ibn Abd al-Aziz, and al-Nakha'i. This was also held by Malik, al-Thawri, al-Awza'i, al-Layth, Abu Hanifah and his companions, al-Shafi'i, Ishaq, and Abu Thawr. It is narrated from Rafi' ibn Khadij that the wala' does not transfer (1) away from the masters of the mother. This was also held by Malik ibn Aws ibn al-Hadathan (2), al-Zuhri, Maymun ibn Mihran, Humayd ibn Abd al-Rahman, and Dawud, because the wala' is a tie like the tie of lineage, and lineage does not cease from one for whom it has been established; thus, the wala' is the same. It has been narrated from Uthman and Zayd something to this effect, but Ibn al-Labban denied both, saying: It is well-known from Uthman that he ruled in favor of transferring (3) the wala' to al-Zubayr over Rafi' ibn Khadij. Our argument is that the affiliation is to the father, and thus the wala' is the same. For this reason, if they were both free, the wala' of their child would belong to the master of the father. When the father was a slave, the wala' belonged to the master of the mother by necessity. When the father is emancipated (4), the necessity ceases, so the affiliation returns to him and the wala' to his masters. Abd al-Rahman narrated from al-Zubayr that when he arrived at Khaybar, he saw some youths with dark-lipped mouths (la'as), and their elegance and beauty impressed him. He asked about them and was told: "They are the mawali (freedmen) of Rafi' ibn Khadij, and their father is a slave of the Banu al-Hurqah (5)." Al-Zubayr bought their father and emancipated him, and said to his children: "Affiliate yourselves with me, for your wala' belongs to me." Rafi' ibn Khadij said: "The wala' belongs to me, for they were emancipated by my emancipation of their mother." They took their case to Uthman, who ruled that the wala' belonged to al-Zubayr, and the Companions reached a consensus on this. La'as is a blackness in the lips which the Arabs consider beautiful (6), and its equivalent is lamy. Dhu al-Rummah (7) said:

الحواشي

(1) In the manuscripts: "yanjaz". See the statement of Ibn al-Labban below. (2) Malik ibn Aws ibn al-Hadathan al-Nasri, from the Successors of Medina, died in the year ninety-two. Al-Lubab 3/226, al-'Ibar 1/106, Tahdhib al-Tahdhib 10/10. (3) Omitted from: M. (4) In M: "a'taqa" and there is an addition after it: "al-'abd". (5) Al-Hurqah: A sub-tribe of Juhaynah. See: al-Mushtabih 227. (6) In A, M: "tastahibbuhu". (7) Diwanuhu 1/33.

السابقمجلد 9 · صفحة 229التالي
السابق9·229التالي