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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 362Section

Translation · EN

“For no camel has ever carried upon its saddle / A man more righteous or more fulfilling of a trust than Muhammad.”

And if he said it (9) in a state of dispraise, it would be a scathing satire, such as the saying of al-Najashi (10):

“His tribe does not betray a trust / Nor do they wrong the people by a mustard seed.”

And another said (11):

“It is as if my Lord did not create, for His fear / Any human among all mankind other than them.”

In this context, this is a scathing satire and dispraise, to the point that it was narrated of Hassan that he said: “I see it as nothing but that he has defecated upon them” (12). Were it not for the context and the indication of the situation, it would be among the finest and most eloquent of praise. In terms of actions, if a man were to aim a sword at a man, and the situation indicated jesting and play, it would not be permissible to kill him. If the situation indicated seriousness, it would be permissible to repel him by killing. Anger here indicates the intention of divorce, so it takes its place.

Section: If he uses metonymy while in the state of requesting a divorce, the ruling regarding it is the same as the ruling for when he uses it in a state of anger, according to the disagreement and detail regarding it. The reasoning for this is what has preceded of the explanation, except that what is explicitly stated from Ahmad here is that he is not believed in claiming a lack of intention. He said, in the narration of Abu al-Harith: “If he says: ‘I did not intend it’ (13), he is to be believed in that, provided she had not asked him for a divorce. If there was anger between them before that, then a distinction is made between it being an answer to a request and it being in a state of anger; this is because an answer is directed toward the question. So, if he said: ‘Do you have a dinar of mine?’ and he said: ‘Yes,’ or ‘You are truthful,’ it is an admission of it, and he is not permitted (14) to interpret it as anything other than an admission. And if he said: ‘I married you to my daughter’

Notes

(9) In A, B, and M: “qala”. (10) Qays ibn ‘Amr ibn Malik. The poem is in: al-Shi‘r wa al-Shu‘ara’ 1/331, and al-‘Iqd 3/17, 5/318. (11) He is Qurayt ibn Unayf, a man from Bal‘anbar ibn Tamim. Al-Hamamah 1/57, and the line is therein 1/58. (12) Meaning he let out the waste of his stomach. (13) In B and M: “wa sudiqa” (and he is believed). (14) Omitted from A.

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