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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 324فصل

الترجمة · EN

Section: Among the debtors is a category that is given [Zakat] despite being wealthy: the person who incurs debt for the purpose of reconciling disputes (islah dhat al-bayn). This occurs when hostility and resentment arise between two groups or two villages, leading to the loss of life or property, and their reconciliation is contingent upon someone assuming that liability. A person then strives to reconcile them and assumes responsibility for the blood money or debts among them; this is called hamalah (with a fatha on the ha). The Arabs were familiar with this, and a man among them would assume the hamalah, then go out among the tribes and ask [for assistance] until he fulfilled it. Thus, the Sharia came to permit asking for it and established for them a share of charity (sadaqah). Qabisah ibn al-Mukhariq reported that he said: I assumed a hamalah and came to the Prophet (peace be upon him) and asked him about it. He said: "Stay with us, O Qabisah, until the charity comes, so that we may order it for you." Then he said: "O Qabisah, asking is not lawful except for three [types of people]: a man who has assumed a hamalah, so he may ask regarding it until he pays it off, then he abstains; a man who has been struck by a calamity that has wiped out his wealth, so asking becomes lawful for him until he obtains the necessities of life or a means of subsistence; and a man who has been struck by poverty such that three people of intelligence from his kin bear witness that such-and-such person has been struck by poverty, so asking becomes lawful for him until he obtains the necessities of life or a means of subsistence. Anything other than that is illicit (suht); its owner consumes it as illicit on the Day of Resurrection." Narrated by Muslim. Abu Sa'id al-Khudri also reported that the Prophet (peace be upon him) said: "Charity is not lawful for a wealthy person, except for five," and he mentioned the debtor among them. [This is] because his guarantee and assumption of liability are only accepted if he is solvent (mali'), and he has a need for that despite his wealth. If he pays that from his own wealth, he is not permitted to take [Zakat], because the debt has lapsed.

الحواشي

(6) Omitted from: M. (7) Omitted from: the original, B. (8) In B and M: "lahu" (to him). (9) In M, there is an addition: "lahu" (for him). (10) Omitted from: B. (11) Its takhrij (verification/referencing) was provided earlier in: 4/119. (12) Its takhrij (verification/referencing) was provided earlier in: 4/103. (13) In M: "minha" (from it).

السابقمجلد 9 · صفحة 324التالي
السابق9·324التالي