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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 12 · Page 11Section

Translation · EN

one. As for us, we may object and say: The substitute (badal) is the camels themselves, and other things are merely estimated based on them. Even if we concede that, it is invalidated by gold and silver, for their equality is not considered, and it is also invalidated by the sheep of compensation (shat al-jubran) alongside dirhams. As for the substitute for a loan (qard) and destroyed property, it is specifically the like (mithl), while value is a substitute for it; thus, it is only obligatory when [the like] is unobtainable, unlike our case. If it is said: This is an argument against you, because of your saying that camels are the origin (asl) and other things are substitutes for them, therefore they must be equal to them, just as the like and the value [are equal]. We say: Once this is established for us, it follows that other things should be valued by them, and they should not be valued by other things; for the substitute follows the origin, and the origin does not follow the substitute. Furthermore, we say: Resorting to this estimation was only done because 'Umar, may Allah be pleased with him, valued them in his time accordingly, so it became necessary to follow that to avoid dispute and disagreement regarding the value of the obligatory camels, just as the milk of a musarrat (an animal whose milk has been withheld) was estimated at a sa' of dates, to negate dispute over its value. This does not mean that the origin itself must be reduced to estimation, which would lead to the opposite of the Shari'ah's wisdom, by causing dispute over the value of the camels while they remain inherently obligatory. Furthermore, what is considered in the two substitutes of a loan is the equality of the item loaned, so the equality of each of its two substitutes to it is considered. Blood money is not estimated by the value of the destroyed object, and that is why its [specific] attributes are not considered. Thus, the opinion of our colleagues regarding the valuation of cattle, sheep, and garments is that the amount due from each category must be twelve thousand [dirhams], so the value of each cow or garment must be sixty dirhams, and the value of each sheep must be six dirhams, so that all the substitutes are equal. Each garment is two burds (pieces of cloth), totaling four hundred burds.

Section: A defective animal, or one that is emaciated, is not accepted among the camels, nor is it required that they be of the same breed as his camels, or the camels of his own town. Al-Qadi and the companions of al-Shafi'i said: What is obligatory upon him must be of the breed of his camels,

Notes

= and al-Bayhaqi in: The Chapter on the Blood Money of the People of the Covenant (Ahl al-Dhimma), from the Book of Blood Money. Al-Sunan al-Kubra 8/100. And 'Abd al-Razzaq in: The Chapter on the Blood Money of the People of the Scripture, from the Book of 'Uqul (Blood Money). Al-Musannaf 10/93. And Ibn Abi Shaybah in: The Chapter of those who said: The Dhimmi is worth half or less, from the Book of Blood Money. Al-Musannaf 9/288. (30) Omitted from (B). (31) In the original: "li-tasawa" (to be equal). (32) In (M): "burdatan" (two burdahs).

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