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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 196

Translation · EN

to him, by the evidence of the words of Allah the Almighty: 'O children of Adam' and 'O children of Israel.' The Prophet (peace and blessings of Allah be upon him) said: 'Shoot, O children of Ishmael, for your father was an archer.' He also said: 'We are the children of An-Nadr ibn Kinana.' All tribes are attributed to their ancestors. Furthermore, if he were to endow [property] upon the 'children of so-and-so,' and they were a tribe, the children of the sons would be included; thus, it is the same if they were not a tribe. The Qadi and his companions said: The child of the child is not included in any case, whether they are children of sons or children of daughters, because 'child' (walad) in reality and by convention is only one's child by blood (sulb). The child of a child is only called a 'child' metaphorically. For this reason, it is valid to negate it, as one might say: 'This is not my child, he is only the child of my child.' If he says: 'Upon my child by blood (li-sulbi),' it is even more emphatic. If he says: 'Upon my child, and the child of my child, then upon the poor,' the first and second generations are included, but the third generation is not included. If he says: 'Upon my child, and the child of my child, and the child of the child of my child,' three generations are included to the exclusion of those who come after them. The place of disagreement is the absolute statement; however, if there exists an indication that directs the statement toward one of the two interpretations, it is directed to it without disagreement, such as if he says: 'Upon the children of so-and-so,' and they are a tribe in which there is no child from his blood; then it is diverted to the children of the children without disagreement. Likewise, if he says: 'Upon my children,' or 'my child,' and he has no child by blood, or he says: 'The child of the eldest or the most learned is preferred over others,' or he says: 'If the land is vacant of my descendants, it returns to the poor,' or he says: 'Upon my children other than the children of daughters,' or 'other than the children of so-and-so,' or he says: 'The higher generation is preferred over the second,' or 'the higher then the higher,' and similar cases; then the wording is directed to all his descendants and offspring. If there accompanies it an indication that necessitates specifying his children by blood for the endowment, such as his saying: 'Upon my child by blood,' or 'those who come immediately after me,' and the like, it is restricted to the first generation to the exclusion of others. When we affirm generalization regarding them,

Notes

(4) Narrated by Al-Bukhari, in: The Chapter on Encouraging Archery, from the Book of Jihad; in: The Chapter on the saying of Allah the Almighty: 'And mention in the Book, Ishmael...' from the Book of the Prophets; and in: The Chapter on the Attribution of Yemen to Ishmael, from the Book of Merits. Sahih al-Bukhari 4/45, 179, 219. Ibn Majah, in: The Chapter on Archery in the Cause of Allah, from the Book of Jihad. Sunan Ibn Majah 2/941. Imam Ahmad, in: Al-Musnad 1/364, 4/50. (5) Narrated by Ibn Majah, in: The Chapter on One Who Disowns a Man from a Tribe, from the Book of Hudud. Sunan Ibn Majah 2/871. Imam Ahmad, in: Al-Musnad 2/871.

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