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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 5 · Page 54Fourth Section: Regarding the expiation (Fidya) required of him

Translation · EN

as previously discussed.

The Fourth Section, concerning what is required of him in terms of fidyah (expiatory ransom): Ibn al-Mundhir said: The scholars have reached a consensus that the crimes/offenses of children are binding upon them in their own wealth. Our companions mentioned two views regarding the fidyah that becomes due through the action of the child: One is that it is from his wealth, because it became due due to his own offense, resembling an offense against a human being. The second is that it is upon the guardian (wali), which is the position of Malik; because it occurred through his contract or his permission, so it is upon him, like the expenditure (nafaqah) of his Hajj. As for the expenditure, the Qadi said: That which exceeds the expenditure of residency is from the wealth of the guardian; because he obligated him to do that, and there is no need for it. This is the choice of Abu al-Khattab. It was narrated from the Qadi that he mentioned in the difference of opinion that the entire expenditure is upon the child; because the Hajj is his, so his expenditure is upon him, like an adult, and because there is a benefit in it for him to attain the reward, and he gains practice (tamarran) through it, so he becomes like the wages of a teacher or a doctor. The first is more appropriate, for Hajj is not obligatory in a lifetime except once. It is also possible that it is not obligatory, so it is not permissible to obligate him to spend his wealth without a need for it for the sake of practice. And Allah knows best.

Section: If a person reaches puberty and loses consciousness, it is not valid for his companion to enter into ihram on his behalf. Al-Shafi'i, Abu Yusuf, and Muhammad held this view. Abu Hanifah said: It is valid, and he becomes a muhrim (one in the state of ihram) through the ihram of his companion on his behalf, as a matter of juristic preference (istihsan); because this is known from his intention, and there is hardship for him in omitting it, so the ihram of another suffices for him. Our position is that he is an adult, so he does not become a muhrim through the ihram of another, like a person who is asleep. Even if he had given permission for that and authorized it, it would not be valid; so in the absence of this, it is even more certain that it is not valid.

Notes

(12) In (M): "then in". (13) In (B) and (M): "attaining". (14) In the original and (A): "and practiced". (15) Omitted from: (M). (16) Omitted from: the original, (A), and (B).

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