អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(The start (1)[(2)] of the one who rents the animal from travel is different from the start of the one who hires the animal (1)), and the difference between them is that the contract on the part of the one who rents is linked to the interest of travel, so it may seem to him that he has no interest in traveling, so it is not possible (2) to oblige him for the sake of renting, and on the part of the one who hides the animal this is not the case, as his initiation of this contract is done intentionally, so it is not considered (3).

(And a hired tailor[(1)] left a slave to sew(2) for him(3); to work as a cashier), since he can have the tailor sit(4) in one part of the shop, and work as a cashier(5) in an area(6), (and sell what he hired(7)[(8)). [(1)] is annulled by the death of one of the contracting parties (2) a contract for himself, and (3) a contract (4) for someone else [(5)] is not like the agent, trustee, or person in charge of an endowment.

Various issues[(6)] (Whoever burns the harvests of (1)[(2)] rented or borrowed land, and something burns on his neighbor’s (3) land (4) is not liable[(5)]). This was said[(6)] if the winds were calm, but if they were turbulent, he is liable[(7)](8).

(If a tailor or dyer sits in his shop, someone who offers him the work for half is valid[(9)]): That is, one of them accepts work from people based on his merit, and the other works according to his skill. In “Al-Hidaya” (1)[(2)] he interpreted it (3) as being in the company of faces, and in it there is consideration (4)[(5)]; Because it is a company of good deeds and acceptance, it is as if the author of “Al-Hidaya” launched the company of faces; Because one of them [(1)] accepts the work according to its merit, and this contract is not permissible by analogy; Because one of them accepts the work and hires the other for half of what comes out of his work, and it is unknown, it is permissible based on approval, and its reason is: specifying the acceptance of the work with one of them does not indicate its denial from the other, so if a manufacturing company is concluded, and (2) one of them accepts the work, and the other works, then it is permissible, so it is here, and the need is urgent for such a contract, so we permitted it.

(Like renting a camel [(1)] carrying a burden (2) [(3)] and two riders, and carrying a burden (4) as usual. This is according to us [(5)], and according to Al-Shafi’i (6) it is not permissible [(7)] due to ignorance, (and if he saw (8) a camel, it would be better (9) [(10)]. If he hired him[(1)](2) to carry (3) an amount of excess and he ate from it, he would return (4) his compensation (5).

And whoever says to the usurper of a house: Empty it, otherwise I will rent it for such-and-such a month, and he does not empty it, then he must pay what he said. Because if he sets the rent and the usurper is satisfied with it (1), then the contract between them is a contract of rent; (Unless [(2)] the usurper denies his ownership, even if he establishes evidence against him after that), then if he denies his ownership, he is not satisfied with the lease even though the one who usurped from him established proof after the usurper’s denial that he owns it, then he added to his saying: Unless he denies...(3) his saying: (or (4) he acknowledges ownership as his but says: I do not want this reward), then he will not be satisfied with the lease.

(The lease[(5)] and its annulment are valid, and the sharecropping and the transaction): meaning Musaqat, (and the agency, and the sponsorship, and the mudarabah, and the judiciary, and the emirate, [and the endowment](1)): that is, delegating them, (and the will: that is, making (2) someone else a guardian, (and the will, and the divorce, and the emancipation, (3) are added[(4)]): that is, added to the future time, as it is said in Muharram: I rented this house. From the beginning of Ramadan to one year.

(No (5) the sale and its approval[(6) ](1), its annulment, division, partnership, gift, marriage, return, reconciliation for property, and discharge of debt).

[Book of Offices and Loyalty] [(1)]Makatab Book[(2)][(3)]

(Writing [(4)]: the emancipation of the slave’s hand immediately and his neck for good. The scribe of his possessions (1), even if he is a small one, is given money with current money[(2)], or a deferred one, or an astrologer[(3)](4)): that is, a temporary one with specific times[(5)], taken from the timing of the rising of the star, and then it became common after that: for your scribe to say for a hundred, provided that she pays such and such every month, or every ten days, and according to Al-Shafi’i (6) - May God be pleased with him - It is not permissible immediately, and two stars are necessary: that is, two months; Because he is unable to deliver [(7)] in a short time. We said: It is possible to borrow, and in peace the term[(1)] takes the place of the contract for it(2).

(Or he said: I have appointed upon you [(1)] a thousand to be paid by (2) stars (3) the beginning of which is such-and-such and the last of which is such-and-such. If you perform it, then you are free, and if you are unable, then it is legal, and before the slave it is valid): That is, this contract is valid with the wording of the writing, or with a wording that conveys its meaning, which is his saying: Or he said: I have made upon you... etc. (4), (and it came out [(5)] from his hand without his ownership), for the mukatib is a slave as long as a dirham remains upon him.

(And he will be freed free of charge if he is freed (1). He fined (2) the master [(3)] if he had sexual intercourse with his employee, or committed a crime against her, her child, or her money: i.e., the punishment, the bribes of the crime, or the like of the money, or its value.

[Chapter on corrupt writing] (If he writes for its value (1) [(2)], or assigns [(3)] to someone else (4), it is determined by the designation (5)), this is in the apparent meaning of the narration, and on the authority of Abu Hanifa - may God be pleased with him - that it is valid even if he owns it and hands it over (6) it is emancipated, and if (7) he is unable to return it to slavery, and there is a precaution against someone else’s dirhams or dinars, then writing on it is permissible; Because it is not specified, (or a hundred for his master to return a slave other than a specific one) (8), even if he stipulated that he return a specific slave, it is valid, (or a Muslim for spoiled wine or a pig [(9) ]), his saying (1): The Muslim is a conjunction of the hidden pronoun in his saying: for he is a writer, and the conjunction is permissible due to the existence of the separation.

(And he emancipated them (2) [(3)], and he ransomed for its value [(1)] if he paid what he named), and in the apparent meaning of the narration: The emancipation and sa’yah are only proven in the value if he pays what he named, which is wine and pig, and on the authority of Abu Hanifa - may God be pleased with him -: He is only freed by the payment of their kind if he says: If you pay them then you are free, and there is no difference (2) [(3)] in the apparent meaning of the narration, and according to Abu Yusuf - may God be pleased with him - if he pays the property. He is emancipated[(4)], [and if he pays the value, he is freed](5) also, and when he exalts - may God be pleased with him - he is not emancipated except by paying the value; Because the Muslim forbade the approaching (6) of wine, so the value was taken in its place.

(And (1) does not detract from what is named and (2) is added to it.) This is a starting issue that is not related to the issue of wine and pork, and its meaning is: The value in the corrupted writing [if it is of the same type as what is named, and if it is deficient in what is named, it does not subtract (3) from what is named] (4), and if (5) is an addition, it is added to it[(6)], and he placed the issue in ((Al-Mabsoot)) as to whether he writes to his servant for a thousand on the condition that he will serve him forever, then the writing is corrupt. So (7) the value is obligatory, and if it is less than a thousand, it does not decrease (8) [from] (9), and if it is more than it, it is added to it. (And it is valid for an animal whose species is mentioned only): that is, its type and description are not mentioned, (and he performs the middle, or its value [(10)]), but he chooses (11); Because each one is the origin of one aspect, but the middle is apparent, and as for the value of the middle; Because the middle is known as the value, it becomes an asset, so paying the value is a decree in the sense of performance.

(And in the case of an infidel who writes a slave like him with metered wine[(1)] it is valid: And whoever surrenders its value to his master[(2)], and is freed by taking possession of the wine[(3)]); Because his emancipation is related to taking possession of it, but nevertheless the value is required, as mentioned above.

Chapter on the disposal of offices[(4)] (His buying and selling[(1)] and his travel are valid, even if there is a stipulation against it), for if he stipulates that he does not travel, then he has the right to travel with approval; Because it is a condition that contradicts the requirement of the contract [(2)], which is ownership of the hand, and writing is not invalidated by this condition, for writing is similar to (1) selling (2), and yet it is emancipation in view of the slave, so we said: Every condition [(3)] that is invalid is in one of the two alternatives, just as if the condition of service (4) is unknown, it is invalidated (5), and every condition that is not like that does not invalidate it in accordance with the two similarities.

(And marrying his female slave, and writing to his slave); Because they benefit money [(1)], and according to Zafar - may God be pleased with him - and Al-Shafi’i (2) - may God be pleased with him - it is not permissible to write, which is analogy; Because it leads to emancipation, and he is not of his family, the reason for approval[(3)]: It is (4) the benefit of the money, and his emancipation is credited to the master, (and he has his loyalty if he pays after his emancipation[(5)], and to his master if he pays before him[(6)]): that is, to the first representative is the loyalty of the second if he [the second](7) pays after emancipating the first[(8)], and to his master if he pays before him, (do not marry him except with his permission[(1)) ](1) Do not give him a gift, even for compensation(2)[(3)], and do not give him charity except for a small amount[(4)], guarantee him[(5)], lend him a loan, or emancipate his slave, even if it is for money[(6)]; Because it is above writing, (and selling his slave’s soul from him, and (7) marrying him), this is emancipation, and this is waste of money. (And the father and the guardian in a minor’s slave (8) are like the mukatab): That is, every disposition that the mukatab has over his slave, they own in the minor’s slave, and what not, then not, for they own a disposition by which money is obtained for the minor, like the mukatab, he owns the earning of money, so their ruling is the same, so they have the right to write his slave, not emancipate him for money, or sell his slave of his own.

(And something of this is not valid from an authorized person, a mudarib, and a partner [(1)]): That is, from his saying: Do not marry him until here, and as for marrying his female slave, and writing to his slave, they are, and even if they are not permissible for the authorized person, he did not include them in his saying: And something of that, rather he mentioned them in ((Book (2) of the authorized one)) with his saying (3): He does not marry his slaves or his employees (4); Because his saying here: [and to marry] (5) his female slave is a conjunction of buying and selling, and they are permissible for the authorized person, so specifying the reference in his saying: and something from that to some conjunctions without others was not good (6), so he made the reference to his saying: do not marry him, etc.

(And his son and his parents(2)[(3)] shall be written over him for the purchase, not from those who have no children[(4)] between them. This is according to Abu Hanifa - may God be pleased with him - and according to them: If a relative of a mahram, such as a brother or uncle, buys, he will be included in his writing, as he is freed on him[(5)], for him: Indeed, the mukatib has earnings, not property[(6)], so he made the earnings sufficient for the relationship[(7)] in blood relatives(8) since he is able to Earning is addressed by maintenance in childbirth (9) and not in anything else, since (10) there must be left.