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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 13 · Page 427Section

Translation · EN

it turns out he is an archer, but has few hits, and his party says: "We thought he was a frequent hitter," or "We did not know his condition," or he turns out to be a frequent hitter, and the other party says: "We thought he was a infrequent hitter," this is not heard from them, and it is as if they had known him; because the condition for his entry [into the contract is that he be] (62) of the people of the craft, not necessarily skilled, just as if one bought a slave on the condition that he is a scribe, and he turns out to be skilled or deficient in it, it has no effect.

Section: It is not permissible for them to say: "We shall draw lots, and whoever wins the draw, he is the winner." Nor that whoever wins the draw, the wager is against him. Nor for them to say: "We shall shoot, and whichever of us hits the target, the wager is against the other," because it is a compensation in a contract, so it is not deserved by lots or by a hit. If they stipulate that so-and-so is the leader of a party, and so-and-so is the leader of the other (63), then so-and-so is the second from the first party, and so-and-so is the second from the second party, it is invalid; because the appointment of each individual from the party is up to its leader, and the other party does not have the right to share in that. Thus, if they stipulate it, it is invalid.

Section: If two people contest in archery, and one of them brings the wager, and a third party says: "I am your partner in the gain and the loss; if he defeats you, half the wager is upon me, and if you defeat him, half of it is for me," it is not permissible. Likewise, if the contestants are three among whom (64) there is a "muhallil" (a third, non-betting participant), and a fourth says to the contestants: "I am your partner in the gain and the loss," it is void; because the gain and loss are only from the contestant. As for the one who does not shoot, he has neither gain nor loss. If they stipulate in the contest that if the contestant sits down, the wager is against him, it is not permissible; because the wager is upon the contest, and this condition contradicts the requirement of the contest, so it is invalid.

Section: If one of the contestants surpasses his companion, and the one who is surpassed says: "Waive your lead and I will give you a dinar," it is not permissible; because the objective is to determine skill, and this prevents it. If they dissolve the contract and enter into another contract, it is permissible. If they do not dissolve it but shoot the remainder of the arrows (rishq), and the total of his hits is achieved including what he waived, he deserves the wager and returns the dinar if he had taken it.

Section: If their condition is "hawasil" (attainments), which is an absolute hit, it is counted however

Notes

(62) In M: "an yakūna fī al-ʿaqd". (63) Omitted from: B. (64) In M: "fīhim". And what is here means with the two, a muḥallil.

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