អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(And he annulled it(1) at the request of his master, [or his master with his consent](2)): [i.e. his master annulled it](3) with the consent of the clerks[(4)], (and returned his parchment[(5)] and what was in his hand[(6)] to his master, and if he died out of loyalty[(7)]): that is, for money sufficient to replace the writing, (he did not annull it(1)). This is with us, and according to al-Shafi’i(2) - may God be pleased with him - the writing is invalidated. Because the place has passed, and we say[(3)]: He is alive in some rulings[(4)], so it is in this; Because of his need for the effect of disbelief to be removed, which is slavery, or (5) freedom[(6)] is based on what was before death(1), (and the compensation was paid from his money, and he was ruled to die free, and the inheritance is from him[(2)], and he freed[(3)] his sons [if](4) were born during his writing), so that if they were born before the writing, they would not follow him, (or he bought them[(5)], or he and his son[(6)] were written as young or Big by one time): that is, by writing one time; If the child is small, he follows him, and if he is old, they are made as one person[(7)].

(And if he does not leave out fulfillment (1), then whoever is born in his writing shall strive according to his stars, and if (2) he performs the ruling to emancipate his father[(3)] before his death and emancipate him(4), and whoever buys him[(5)] pays the exchange immediately, or returns a slave.) This is according to Abu Hanifa - may God be pleased with him -[(6)], and in their case the purchased child...(7) is fulfilled by the father’s stars as well, because he was written as following the father.

(If he leaves behind a child from a free woman[(1)] [emancipated](2) and a debt that pays for her, then the child is committed and it is adjudicated): That is, according to the crime, (on his mother’s property, this would not be impotent for his father); Because this ruling does not contradict writing; Because the requirement of the writing is to attach the child to the mother’s loyalists, [and impose](3) reason on them, but in a way that is likely to free [the father](4) so ​​loyalty goes to the father’s loyalists. Rather, he said: and a debt that will be fulfilled; Because if it were in kind (5), it would not be possible to make up for it by attaching [to the mother because payment can be made immediately] (6).

(And if the people of his mother and father dispute over his loyalty, and it is decided by his mother’s people, then it is impossible [(1)]); Because the ruling on the fact that the child’s loyalty is to the mother’s loyalist (2) means: the father died as a slave, and the writing contract was annulled, so the ruling is in a chapter that is diligent in it, so [it] is implemented (3) and the writing (4) is annulled.

(And his master was pleased with the charity he gave him[(1)] but he was unable): That is, [if](2) the master was not a disburser of the zakat, so the mukatib took the zakat; Because it was one of the expenses, then he gave it to the master in exchange for the writing, then he was unable, so it appears that the master took the zakat, and he was rich, and yet [that is good] (3) for him, because he took it in exchange for [(4)] emancipation at the time of taking, and the servant took it as charity, and the Prophet - may God’s prayers and peace be upon him - said: ((For her (5) is a charity, and for us is a gift)) (6).

(If a slave commits a crime, then his master writes him down out of ignorance of it[(1)](2)): That is, of the crime, (and he is unable or decreed, and no judgment is made on him, so he is unable to pay or pay a ransom)(3): That is, he commits a crime and does not make a judgment according to the crime, so he is unable, and he is given the choice between paying it and paying the bribes of the crime; Because this is the reason for the slave’s crime, but the writing became an impediment to payment, then the impediment was removed by inability, so the original ruling was restored. (And if [(4)] was judged to be a mukatab, then there was a failure to sell it: [i.e.] (5) And if (6) he ruled according to the felony on the mukatab as long as it was a mukatab, then there was a failure to sell in that regard; Because it is a debt that is tied to the judiciary, so move (7) to its value.

(It is not annulled[(1)](2) by the death of the master, and the compensation[(3)] is given to his heirs in accordance with his stars; if some of them free him, it is not valid, and if they free him, it is free of charge.) Because [it does not](4) transfer from one king to another, it is not valid to emancipate some of the heirs[(5)], and as for emancipating all of them, we make it[(6)] an exoneration...(1) validating the emancipation, nor is it valid to emancipate [some of the heirs](2); Because it is not possible to make it a release for some to correct the emancipation, for the release of some does not correct (3) the emancipation, because nothing is freed (4) by the release of some. [And God knows best] (5).

The Book of Loyalty[(6)][(7)] (is an inheritance[(1)] that a person deserves due to the emancipation of a person in his possession, or due to a loyalty contract. Loyalty is of two types[(2)]: loyalty to emancipation, and loyalty to loyalty.

So he began with the loyalty of manumission, and he said: (Whoever is emancipated (1) by emancipation or by a branch of it): such as writing, managing, or taking possession, (or by his relative’s ownership): that is, by his relative’s ownership of him, (his loyalty is to his master[(2)][(3)] even if he stipulates that he does not), then that is a condition that contradicts the requirements of (4) the contract, so the emancipation is implemented and the condition is invalidated.

If it is said: How is loyalty in management and reproduction to the master, when the manager and the mother of the child are only emancipated after the death of the master? We said: Its form: for the master to return [we seek refuge in God from it](1) and join the land of war until it is ruled that his manager or the mother of his child should be emancipated, then he comes as a Muslim and his manager or the mother of his child dies, so loyalty is his.

(And whoever emancipates a female slave whose husband is a slave [(2)], and she gives birth for less than half a year (3)): that is, from the time of emancipation, (he has the guardianship of the child without transfer from him): that is, if he emancipates his father, the child’s loyalty does not transfer from the guardian of the mother to the guardian of the father; Because the burden was present at the time of emancipation, so his emancipation occurred intentionally[(4)] so his loyalty is not transferred from the one who emancipated him. (And also if she gives birth to two sons, one of them for less than that [(1)]): That is, the freed female slave gives birth to two twin sons between emancipation and [between] (2) the birth of one of them for less than half a year, the loyalty of the two sons is not transferred either; Because one of the twins was present at the time of emancipation[(3)], so was the other[(4)], and the twins were born [from one womb](5) with less than half a year between their births.

(If she gives birth to more than him [(1)], then the child’s loyalty is to her master, and if (2) the father is emancipated[(3)] the loyalty of his son is drawn to his people): That is, if (4) the freed female slave gives birth to a son between (5) emancipation and his birth more than half about the son’s loyalty to his mother’s master, meaning that if the child dies, his loyalty is to the mother’s master. If the father is emancipated before the death of the child, the child becomes such that if he dies after the death of the father, then the child’s loyalty is to the father’s emancipator. But we said: Before the death of the child; Because if the father is emancipated after the death of the son, the son’s loyalty does not transfer to the father’s guardian (6), because the mother’s guardian deserved the son’s loyalty at the time of his death, and [after] (7) that was decided, it does not transfer from him. Rather, we said: after the death of the father; Because if the father is emancipated, and the child dies before the father’s death, [his inheritance goes to the father](1) so his loyalty is not to the father’s master.

(An Ajami[(2)] who has a male slave, he married a freed woman and she gave birth, and her child’s loyalty is to her master), [this](3) is according to Abu Hanifa - may God be pleased with him - and Muhammad - may God be pleased with him -, but according to Abu Yusuf - may God be pleased with him -[(4)] his loyalty to the father’s male relative[(5)] is loyalty to the father’s side, and they prefer[(1)] loyalty to the freed woman, even if it is on the side of the mother, but it is put in place. The issue in Al-Ajami (2); Because the loyalty of allegiance is not among the Arabs; Because they have peoples and tribes, there is no inheritance for the client of loyalty because he is behind the relative heir, even if he is a relative. As for (3) the non-Arabs, they have lost their lineage, so it is imagined that they are the client of patronage.

(The emancipated person (1) is a relative[(2)][(3)] whose relative has priority over him(4), and he is over a relative): meaning the emancipated person is someone who takes what remains from the owner of the share, and all the money [is his](5) when it is not there, and the relative[(6)]: Either an agnat himself: that is, a male who is not obligated to do so and does not include (1) a female in his lineage to the deceased. Or with something else, which is a female with a male attached to it. Or with someone else, such as a paternal and maternal sister, or a paternal sister who becomes a sister to the daughter. All of them (2) are given priority over the freed person[(3)], and the freed person is given priority (4) over relatives[(5)]: that is, those who have no obligation, and (6) is included in his lineage[(7)] to the deceased as a female.

(If the master dies, then the freedman, then his inheritance goes to his master’s closest relative): That is, if the master dies, then the freedman, and he has no heir by lineage[(1)], then his inheritance goes to his master’s closest relative, in the order that is known(2) in the science of religious duties.

(And there is no loyalty for women except what they have freed, as in the hadith): The phrase (1) of the hadith [(2)]: ((This is for women no loyalty except what they freed, or who freed whom they freed, or they wrote, or a writer from whom they wrote, or they returned, or whoever they turned back, or the plural of the loyalty of their emancipator, or the emancipator of their emancipator)): That is, women have no loyalty except the loyalty of whom they freed, or the loyalty of (3) who freed whom they freed, and as for loyalty The manager (4) I knew him, so in (5) the manager of the manager imposes this twice (6) [(1)], and the issue of the preposition of loyalty has been discussed (2).

Chapter [On Loyalty of Subordination][(1)] (If a man converts to Islam at the hands of a man who appoints him, or someone else, on the condition that he inherits from him, and is transferred on his behalf[(1)] is correct): His saying: If a man converts to Islam at the hands of a man...etc., restriction (2) took out the usual way out, and it is not a condition for the validity of (3) this contract, (and his approval is upon him and his heir to him): That is, if he reaps[(4)] the lower master, then his ransom is paid to the higher master, and if he dies, then his inheritance is to the higher one, and this is with us, According to Al-Shafi’i - may God be pleased with him - [(5)] there is no consideration for the loyalty contract.

(And another on behalf of a relative, and he has the right to transfer it in his presence to someone else if he does not emancipate on his behalf, and if he emancipates on his behalf, or on behalf of his son, then no, and a emancipated person should not associate with anyone (1)...(2)). The loyalty of the emancipator takes precedence over the loyalty of the client, so it is a condition that he is not [(3)] a emancipator, and also among his conditions is that he be of unknown lineage[(4)], and that he is not an Arab; Because the Arabs have tribes, they have relative heirs. [And God knows best what is right] (5).

[The Book of Coercion, Interdiction, Authorization and Usurpation] The book of coercion[(1)] (It is an act that [the coercer](2) inflicts on someone else, thereby depriving him of his consent, or spoiling his choice while maintaining his eligibility(3)[(4)]). It is said: So-and-so inflicted on so-and-so something that displeases him. Then there are two types of coercion: One of them is that he does not have consent, which means imprisonment or beating. The second: That it invalidates the choice, which is that the threat of death or limb amputation [(5)]. Missing consent is more general than the corruption of choice (6). In imprisonment or beating, consent is missed, but the correct choice remains, and in killing there is no consent, but he has an incorrect choice, rather a corrupt choice.

Its realization: Consent is in the face of hatred, and choice is in the face of reparation. In coercion with imprisonment and beating, there is no doubt that hatred exists, so consent is non-existent, but choice is achieved with the description of health, for choice is only corrupted in the face of damage to the soul or organ, for every command entails the destruction of one of them, so refraining from it is inherent in the nature of all animals. Do you not see that the restraining force, how it restrains man, and indeed all animals, from desire [(1)] from (2) a high place, and from being thrown into the fire when there is a suspicion of destruction? Abstaining from it, even if it is voluntary, is a choice of a form (3) close to reparation. Likewise, in coercion when there is fear of damage to the soul or limb, the choice to abstain from what involves the suspicion of destruction is a corrupt choice; Because a person is obligated to do so in that his nature is innate to him, yet eligibility remains in the refuge and the non-refuge (4)[(5)] to achieve reason and maturity. (And its condition: