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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 498فصل

الترجمة · EN

The child is not attributed to him; because she is a bed for someone else, so her child is not attributed to him, just like a stranger.

Section: Regarding whom it is permissible to look at among strangers. It is permissible for a physician to look at whatever part of her body the need dictates, whether it is a private part or otherwise, for it is a place of necessity. It has been narrated that when the Prophet - peace and blessings of Allah be upon him - designated Sa'd to judge the Banu Qurayza, he would uncover their waist-wrappers (67). And from 'Uthman, that he was brought a boy who had stolen, so he said: "Look at his waist-wrapper." They did not find that he had grown hair [of puberty], so he did not cut off his hand (68). A witness is permitted to look at the face of the woman against whom he is testifying so that the testimony may be directed at her person specifically. Ahmad said: One should not testify against a woman unless he has identified her personally. If he enters into a transaction with a woman in a sale or lease, he may look at her face so that he may identify her personally, in order to seek recourse against her for any defect. It has been narrated from Ahmad that he disliked (69) this in the case of a young woman as opposed to an elderly one. Perhaps he disliked it for those who fear temptation, or for those who can dispense with the transaction. As for when there is a need and no desire, then there is no harm.

Section: As for a man looking at a strange woman (ajnabiyyah) without a valid cause, it is forbidden to look at her entire body according to the manifest view of Ahmad's position. Ahmad said: He should not eat with his divorced wife; she is a stranger (ajnabiyyah) and it is not permissible for him to look at

الحواشي

(66) In M: "so she is not". (67) Recorded by al-Bukhari in: The Chapter on if the enemy accepts the judgment of a man, from the Book of Jihad; in: The Chapter on the merits of Sa'd ibn Mu'adh, from the Book of Virtues; in: The Chapter on the return of the Prophet - peace and blessings of Allah be upon him - from the Battle of the Confederates..., from the Book of Military Expeditions; and in: The Chapter on the saying of the Prophet - peace and blessings of Allah be upon him -: "Stand up for your leader," from the Book of Seeking Permission. Sahih al-Bukhari 4/81, 82, 5/12, 143, 144, 8/72, 73. And Muslim in: The Chapter on the permissibility of fighting those who violate a treaty..., from the Book of Jihad. Sahih Muslim 3/1388, 1389. And al-Tirmidhi in: The Chapter on what has been narrated regarding accepting judgment, from the Chapters of Expeditions. 'Aridat al-Ahwadhi 7/78, 79. And al-Darimi in: The Chapter on the Banu Qurayza accepting the judgment of Sa'd ibn Mu'adh, from the Book of Expeditions. Sunan al-Darimi 2/238. And Imam Ahmad in: al-Musnad 3/22, 71. (68) Recorded by al-Bayhaqi in: The Chapter on puberty through the growth of hair, from the Book of Interdiction. al-Sunan al-Kubra 6/58. And 'Abd al-Razzaq in: The Chapter on there being no prescribed punishment for one who has not reached puberty and the time of puberty, from the Book of Divorce; and in: The Chapter on there being no amputation for one who has not reached puberty, from the Book of Found Property. al-Musannaf 7/338, 10/177, 178. And Ibn Abi Shaybah in: The Chapter on the boy who steals or commits a crime requiring punishment, from the Book of Penalties. al-Musannaf 9/485. (69) In the original: "dislike" (karahiya).

السابقمجلد 9 · صفحة 498التالي
السابق9·498التالي