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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 448

Translation · EN

does not prevent its analogy to its equivalent. Two are subject to choice: the first is the fidyah (ransom) for the injury, as Allah Almighty said: "...then whoever among you is sick or has an ailment in his head, then he should offer a fidyah of fasting, or charity, or a sacrifice" (19). The second is the penalty for hunting, which is also subject to choice based on the saying of the Almighty: "...and whoever kills it among you intentionally, then the penalty is an equivalent from the cattle, as judged by two just men among you, as a Hady brought to the Ka'bah, or an expiation of feeding the poor, or the equivalent of that in fasting" (20). The second category consists of that which is not explicitly stated in the text (21); thus, it is measured by analogy to the closest item that is explicitly stated. The Hady of Mut'ah was made obligatory for the comfort of omitting one of the two journeys, [so the Hady of Qiran is measured by analogy to the dam of Mut'ah; because it is in the same meaning as it is, in that it was made obligatory for the comfort of omitting one of the two journeys] (22), and performing both rituals (23) in one journey. The dam of Fawat (missing Hajj) is also measured by analogy to it; thus, a dam like that of the Mut'ah is obligatory upon him. Its substitute is like its substitute, which is fasting for ten days, except that it is not possible to be three days before the Day of Sacrifice, because the Fawat only occurs upon the passing of the night of the Day of Sacrifice, as he has left some of what his Ihram required, so he becomes like one who left one of the two journeys. If it is said: Why did you not attach it to the Hady of Ihsar (prevention), as it is more similar to it, given that he has made his state of Ihram lawful (24) before completing it? We say: As for the Hady, they are equal, and as for the substitute, the Ihsar does not have an explicitly stated substitute, but rather it was established (25) by analogy. Therefore, measuring this by the explicitly stated original is more appropriate than measuring it by its derivative branch, given that the fasting here is like the fasting for the dam of Ihsar, which is also ten days, except that the fasting of Ihsar must be before he completes his state of ihram, whereas this is permissible to perform both before and after his release, and it is also...

Notes

(19) Surah al-Baqarah 196. (20) Surah al-Ma'idah 95. (21) In copies A, B, and M: "mansus" (explicitly stated). (22) Omitted from copies B and M. Due to a scribe's oversight. (23) In copies B and M: "lil-nusukayn". (24) In copies B and M: "halal". (25) In copies A, B, and M: "yuthbat".

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