អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(And by adding to a load, he mentioned whatever the weight increased if he could bear it, otherwise all of its value): meaning [(1)] by adding to a load (2) he mentioned what increased if the load was such that this animal could bear it, and if the load was not like that, then he guarantees all of its value, (such as damaging it[(3)] by striking it and restraining it [the bridle](4)), damage: destruction, and curbing of the reins[(5)]: drawing him to himself violently, meaning included in (6) the destruction of the animal. Because of (7) hitting or restraining the rein has all its value according to Abu Hanifa - may God be pleased with him -, and according to them it is not [(1)], unless it is unconventional hitting or restraining.

([And his permissibility with it[(2)]](1) for what it was rented for, even if he was going and coming, and he returned it to him), His saying: He returned it to him with the preposition is a conjunction of its permissibility[(2)](3): That is, he guarantees (4) the permissibility of the animal for the place to which it was rented, then he returns it to that place, even if the rental was going and coming; He only said this as a negation of what was said that he only guarantees it if he rents it while he is going. Because the rental [has] (5) ended with the arrival at that place[(6)], then he is liable for its permissibility, but if (7) he rents it (8) going and coming and he passes (9) from (10) that place, and then returns it to him, he is not liable like the depositor if he violates it and then returns to reconciliation (11), but the correct guarantee is [(12)]. I say: If the animal is destroyed in that place for a reason that is certain that there is no entry point for its permissibility in that place in verifying that reason, then he will issue a fatwa not to be liable, and if it is destroyed [because of] (1) he is not certain of that, but rather he may have an entry point for him to issue a fatwa guaranteeing warranty.

(And he took off the saddle [(2)] of a procured donkey, and he hired him (1) [(2)] in absolute terms, and he saddled him with something that could not be saddled with a similar type, rather than what he saddles with a similar one.): That is, if he rented a saddled donkey and removed the saddle, and saddled it and burdened it, then it perished [(3)] whether the saddle was one of the things that saddled this donkey with a similar saddle or not, and if he removed the saddle and saddled it with another saddle, then if this saddle was one that could not be saddled. This donkey is liable for a similar amount, and if he saddles a similar one, he is not liable unless it is in excess of the weight of the first, then he is guaranteed on his account, and this is according to Abu Hanifa [(4)] - may God be pleased with him -, and according to them: If he saddles him with a similar one, he is not liable [(1)] unless it is additional in weight to the saddle that he took off, then he is liable for the amount of the excess (2).

(And the porter [(3)] (1) takes a route other than what the owner has specified and varies, or people do not take it, and he carries him on the sea, and he has a reward if he reaches [(2)]): That is, the porter has a reward for all of what was mentioned if he reaches the house in order to achieve the intended goal. (And whoever rents [(3)] land to cultivate land and sows (4) damp soil, he is liable for what is diminished (5) [(6)] without any reward); Because [(7)] he became a usurper, and this is the rule of usurpation.

(And whoever pays a garment [(1)] to sew a shirt into it, then he sews a Quba(1)[(2)] within him, he is liable for the value of his garment, or he takes the Quba for a similar wage, and does not exceed what is named. Because there is no increase in what is stated in our case in the corrupt lease.

Chapter on corrupt leases [(1)]

(The condition (2) invalidates it), and what is meant is a condition [(1)] that invalidates the sale, (and in it the equivalent reward[(2)] does not exceed what is named)(3). This is with us, and according to Zafar [(1)] - may God be pleased with him - and Al-Shafi’i (2) - may God be pleased with him - it is obligatory for the amount of what it is, just as in an invalid sale, the value of the item is obligatory for the amount it is, and for us: [(3)] the benefits are not valued by themselves, but by the contract, and they omitted the additional amount. [In it] (4).

(It is valid[(1)] to rent a house for such and such a month for one person only, and in each month[(2)] he lived for an hour at the beginning of it. This is according to some sheikhs - may God be pleased with them -[(3)], because when the crescent crescent appears, everyone has the right to annul it, so if the minimum period of time has passed, the contract is binding in this month, and according to the apparent meaning of the narration, each of them[(4)] has the right to annul it on the first night and the first day of the month, considering that seeing the crescent moon is critical (1), (and in every [month). If [2] its duration is known, it is said (3): I rented six months, each month for such and such (4).

(And its rent [(1)] is for such and such a year (2) even if the installment of each month is not specified, and the beginning of the period [(3)] is whatever it is named, otherwise it exceeds the contract, and if it is when the new moons expire [(4)] then the days (5) are considered as the number of days): that is, (6) the lease contract at the beginning of the month is considered the new moons[(7)], and if it is during the month then according to Abu Hanifa - may God be pleased with him - the whole is considered in days, and every month is considered thirty, and then The first is in days and the rest is in the new moon. If the reward on the tenth of Dhul-Hijjah is one year, then according to Abu Hanifa[(1)] - may God be pleased with him - [it falls](2) on three hundred and sixty days(3).

According to them [(4)] the first month is considered[(5)] in days, and it is thirty days. If Dhu al-Hijjah is completed on thirty days, then the year is completed on the tenth of Dhul-Hijjah, and if it is completed on the twenty-nine, then the year is completed on the eleventh of Dhul-Hijjah. It is right (1) that the year be completed on the tenth of Dhu al-Hijjah in any case (2) [since if it was completed on the eleventh, the (3) tenth would be included in the completion of the year, so it is necessary to repeat (4) Eid al-Adha in one year, one of them at the beginning of the period, The second is at the end of it (5) ](6) Have you heard that Eid al-Adha is repeated in one year?

(And renting (7) pigeons, cuppers [(8) ] and goats [(1) ] for a certain wage and their food and clothing), this is according to Abu Hanifa - may God be pleased with him -, and according to them [(1)] it is not permissible due to ignorance, which is analogy, and according to him [(2)]: ignorance does not lead to dispute; Because the custom of spreading the hair over the backs is out of pity for the children (3), which is approval (4), (and the husband[(5)] has intercourse with her except (1) in the tenant’s house[(2)]), because the house is his property and he is forbidden to him in it, (and he has the right[(3)] in an apparent marriage to annul it if he does not give her permission, but if she acknowledges his marriage it does not): That is, if the marriage is apparent among the people, or there are witnesses to it, then the husband has the right to annul the lease for protection. He is entitled to it, but if he knows[(4)] the marriage is approved [no](5), (and the boy’s family[(6)] may annul it if she falls ill, or becomes pregnant); Because her milk is harmful to the child.

(She is obligated[(1)] to wash the boy, and [to wash](2) his clothes[(3)], and to prepare his food[(4)] and his anointing[(5)], and there is no price[(6)] for it, and it [and his reward](7) [is obligatory](8) for his father(9), so if she breastfeeds him with a sheep’s milk, or feeds him with food, and the period passes, then there is no reward for [her][(1)](2).

It is not valid(3) for the call to prayer[(4)], imamate, Hajj[(1)], teaching the Qur’an[(2)], jurisprudence[(1)], singing[(2)], lamentation, entertainment, and riding(1) a goat[(2)], and today a fatwa is issued regarding its validity[(1)]; To teach the Qur’an and jurisprudence), [and] (2) Our principle is that it is not permissible to pay rent for acts of obedience[(3)] and disobedience, [but when](4) apathy occurred in religious matters, a fatwa was issued regarding their validity[(5)] to teach the Qur’an(6) and jurisprudence in order to avoid corruption(1)[(2)].

(The tenant [(1)] is forced to pay what came before, and is locked up with it, and for the drawn sweet), the sweet with the opening of the non-lexicalized H, a gift given to the teachers at the head of some surahs of the Qur’an, named after it; Because the custom [(2)] is to give gifts of sweets, and it is a language used by the people of Transoxiana.

(There is no lease of the common property[(1)] except from a partner[(2)]). This is according to Abu Hanifa - may God be pleased with him - and they said: It is valid (3) to lease (4) the common property (5) from a partner and [from] (6) others[(7)].

(And if he gave[(1)] spinner to another to weave half of it(1), or hired a donkey to carry provisions for him [with some of it, or an ox to grind wheat for him](2) with some of its flour), this is called the miller’s qafiz, and the Prophet - may God’s prayers and peace be upon him - forbade it(3) [(4)]; Because he made the reward part of what comes out of his work, and the first two forms are in the meaning of the miller’s qafiz.

(Or a man to bake for him such-and-such today for such-and-such): That is, he hired a man to bake for him ten (1) cashiers today in dirhams, because this is invalid according to Abu Hanifa - may God be pleased with him -, and according to them it is valid [(2)], and what is contracted for is the work, and the time is mentioned in order to hasten. For him: It is a combination [(3)] between work and time, and the first: [i.e., work](4) necessitates that the work be contracted for and benefits the hirer, and the second: [i.e. time](5) necessitates that surrendering oneself on this day is contracted for and benefits the employee, so it leads to dispute(6), even if the contractual matter is both: that is, he does this work absorbed; For this day, that is something that no one usually has the ability to do, even if he said: Let him bake ten mina bread for him a day. On the authority of Abu Hanifa - may God be pleased with him - that it is correct, because the word: in;[(1)] does not require (2) ethnicization.

(Or land on the condition that he redeem it[(1)]): That is, he will destroy it twice. If what is meant[(2)] is that he return it in distress, then there is no doubt about its corruption, for it is [(3)] a condition that is not required by the contract, and it benefits one of the contracting parties (4), which is the lessor. And if this is not what is intended, then if it is (5) the land, the rent will not come out[(7)](8) except by the erosion twice, it does not invalidate the contract, because the condition is what it requires. The contract [(9)], even if it produces (1) [the rent] (2) without it, then if its effect remains [after the end of the contract, it will be invalidated as it is for the benefit of the Lord of the land, and if its effect does not remain] (3), it will not be invalidated. (Or he steals its rivers[(4)]), it was mentioned that what is meant is the great rivers(5), because the benefit of an unpleasant one remains(6) after the expiration of the contract, unlike the streams[(7)], (or he steals them[(8)]), for his benefit remains(9) after the expiration of the contract.

(Or he cultivates it[(1)], by cultivating another land that has spoiled): [i.e.](2) He rents land to cultivate it, and the rent is for the lessor to cultivate another land that belongs to the tenant. It is not permissible with us, and according to al-Shafi’i(3) - may God be pleased with him - it is permissible, because benefits are in the status of property for him[(4)], and for us[(5)]: Sex alone is forbidden for women in our view, like selling[(1)] a harawi dress. Likewise (2), one of which is Nasi'ah. And his saying: The answer to the condition is invalidated, which is his saying: Even if he pays... etc.

(Other than [(3)] renting it on the condition that he grow it and cultivate it, or [irrigate it](4) and cultivate it), it is valid; Because this is a condition required by the contract, (if it does not mention its cultivation, or what is grown in it, it is not valid (5) [(6) ] unless it includes (1) ... (2)), by saying: Plant in it whatever you want, and this is in contrast to the house, as renting it is subject to residence, as mentioned above. (If he planted it and the time has passed, it will return to being healthy[(3)]), and it is an approval and its meaning is: The ignorance has been eliminated[(4)] before the contract is completed[(5)], and according to Muhammad - may God be pleased with him - it is no longer valid, which is the analogy.