អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(And if they destroy anything, they are liable [(1)]). When we have shown that there is no stone in the actions of the limbs.

(A free, charged person shall not be quarantined for his foolishness(2)[(3)][(4)] and immorality and religion....(5)). This is according to Abu Hanifa - may God be pleased with him -, and according to them and according to Al-Shafi’i(6) - may God be pleased with him - the foolish person is quarantined[(1)]. Also, if the bankrupt’s creditors [(1)] request interdiction, the judge will interdict him and prevent him from selling and approving. According to them and according to Al-Shafi’i(2) - may God be pleased with him - The immoral person is prohibited due to his rebuke. (Rather, an immoral mufti[(3)], an ignorant doctor, and a penniless schemer). Know that Abu Hanifa - may God be pleased with him - sees the prohibition on these three as a ward off their harm to the people. The immoral mufti: is the one who teaches people tricks, and the bankrupt mufti: he is the one who rents out an animal and takes the rent. When the time for travel comes, he does not have an animal, and the one who rents it(1) is cut off from companionship.

(If he reaches puberty when he is not of sound mind, his money will not be handed over to him, until he reaches twenty-five years[(2)], and his behavior before and after him is valid, and it will be handed over to him even if he is not of sound mind(3)). Know that if a boy reaches puberty when he is not of sound mind, his money will not be handed over to him, by agreement. God Almighty said: {And do not give your money to the fools}(4), up to His saying: {And if you find soundness among them, then pay back}(5)[(6)], so Abu Hanifa - May God be pleased with him - Al-Inas estimated time, which is twenty-five years [(7)]. This age, if a person reaches it, can become very old. Because the minimum period of puberty is twelve years, and the minimum period of pregnancy is six months. With this amount, a son can be born to him, and then at double this amount, a son can be born to his son (8). It seems that he will attain some maturity (1) at the age of twenty-five, and [therein] (2) his money will be paid to him, and before this age if he spends his money buying or selling or the like, his disposal is valid according to Abu Hanifa - may God be pleased with him -. They said: It is not valid. Because if it were true, withholding money from him would not be beneficial[(3)].

We said: Rather, it is useful; Because most of the foolish people’s extravagance is with gifts, so withholding money prevents the gift[(4)], then after twenty-five years his money is handed over to him, even if he is not led to maturity, according to Abu Hanifa - may God be pleased with him -[(5)], then this age is the presumption of maturity, so the ruling goes with it.

(And the judge imprisoned the debtor[(1)]): that is, the free man in debt, (to sell his money[(2)] for his debt, and he spent the dirhams of his debt from his dirhams, and sold his dirhams for the dirhams of his debt, and vice versa out of approval). Know that the analogy is that he does not sell dirhams for the dinars of the debt, nor dinars for the dirhams of the debt; Because they are different [(1)], but in approval [that] (2) each one is sold for the sake of the other; Because they are united in price, (not his property(4) and his property), unlike them, if the bankrupt refuses to sell the property and property for debt, then the judge sells them and pays off his debt in shares(5)[(6)].

(And whoever is bankrupt[(1)] and has an offer[(2)] that he bought, then his seller is an example[(3)] for the creditors): That is, he is bankrupt and has an offer that he bought, and did not pay(4) the price, so his seller is an example for the creditors. Al-Shafi’i - may God be pleased with him - said: The judge prohibits the buyer with his request, then the seller has the option of annulment[(5)].

Chapter (the boy’s puberty[(1)]: by wet dream[(2)], conception[(3)], ejaculation, and the female slave: by wet dream, menstruation, and pregnancy. If it does not exist, then until (4) he completes eighteen years, and she has seventeen years, and they said in both of them: by completing fifteen years[(5)], and he gives a fatwa (6), and the minimum period (7) is twelve years for him and she has nine years, so An adult[(8)] and they said[(9)]: We have reached truthfulness[(10)], and they are like adults in judgment[(1)]).

The book of the authorizer[(2)][(3)] (permission to break the stone[(1)] and drop the right), know that the basic principle of a person is that he has the right to do things, so if slavery is offered to him and the right of the master is attached to it, it becomes a barrier[(2)]; Because he is the owner of the act, so if the master waives his right to prevent the act and removes his stone: that is, preventing him from acting, then it is permission (3). This is according to us, and according to Al-Shafi’i (4) - may God be pleased with him - it is an authorization and representation.

(Then the servant disposes for himself according to his capacity), for it is not by authorization (1), and the agent (2) is the one who disposes for someone else, so his saying: Then he disposes is a conjunction of the omitted, for his saying: Permission to remove the stone means: If the master gives permission, the servant will be released from the stone[(3)](4), so he is a conjunction of his saying: Then he disposes of his saying: Then he disposes. (He did not return the pledge (5) [(6)] to his master), this is an interpretation of the fact that he disposes of it for himself, for if he buys something he does not ask for the price from the master because he is buying for himself, unlike the agent, who asks for the price from the principal; Because he bought for the client. (And he did not have time): This is an interpretation that it is a waiver of the right, not a mandate, for the waiver is not certain [(7)], [and the power of attorney is certain](8).

(So ​​a servant gave permission one day to be authorized until he was quarantined, and he did not specify a type, so if he gave permission to a type [(1)] then his permission was extended to all types), this is an interpretation that means he broke the stone, and not by authorization; Because breaking the stone is a release from the restriction, so it is not specific to an act, and there is disagreement with Al-Shafi’i - may God be pleased with him -, and what is meant is that if he gives permission for a type of trade [(2)] his permission extends to the types, and likewise if it is said: sit as a dyer, then it is permission to buy what is necessary for this work and it is general, and likewise if it is said: give me the crop every such and such month, unlike if he gives permission[(3)] to buy a specific thing, then this is a use, not a permission.

(And it is proven: an indication [(1)]. A slave whose master saw him buying and selling and remained silent was authorized[(2)])(3). This is in our view contrary to Zafar - may God be pleased with him - and Al-Shafi’i (4) - may God be pleased with him -[(5)]. Rather, he is authorized to ward off deception, (and explicitly (1)[(2)], so if he gave absolute permission [true](3) every trade of his) unanimously, then singling out a thing for mention in the narrations if it indicates As long as the ruling is negated from anything else, the generalization of commerce, according to consensus, applies to that which is general, but if it is restricted, then in our view it generalizes commerce, contrary to Al-Shafi’i - may God be pleased with him -.

(So ​​he buys and sells, even if he is grossly unfair), and it is not valid in their opinion if he is grossly unfair. Because he donated(1)[(2)] [connotation](3), and it has: It is a matter of trade(4)[(5)], (and he entrusts them with them[(6)], and he mortgages and mortgages[(7)], and he accepts the land): that is, he takes it in exchange for rent and share, (and he takes it as sharecropper[(8)](9) and buys seed that he plants, and shares with Anana[(10)]). He only said: Anan as a precaution against Negotiation, (and he gives the money and takes it as a speculation, and he rents): that is, he rents something like a worker, a house, etc.[(1)], (and he rents himself[(2)]): [This](3) is in our view contrary to Al-Shafi’i(4) - may God be pleased with him -.

(He acknowledges a deposit(1)[(2)], a usurpation and a debt, and gives a small amount of food as a gift[(3)], and adds someone to feed him, and deducts the price from a defect according to a covenant amount(4)[(5)].

[He does not marry](1) nor does he marry his slaves[(2)](3)). According to Abu Yusuf - may God be pleased with him - he marries a female slave; Because it is the collection of money, for them: it is not a form of trade, nor does he write it[(4)], nor does he free it at all[(5)], nor does he lend, nor does he give anything, even for compensation.

They said: There is no harm for a woman to give (1) a small thing (2) in charity: [like a loaf of bread, for example] (3), (from her husband’s house). This issue is not from this section, but it was mentioned for the occasion, as the woman [(4)] is usually permitted to do this.

(And every debt is due by its trade, or by what is in its meaning; such as buying and selling(1)[(2)] and renting and renting, and fining a deposit, and usurping, and trust[(3)] denied it, and barrenness that is obligatory by having a purchase(4) after maturity, attached to his neck in which it is sold, and its price is divided by shares and by his earnings[(5)](6) obtained before or after the debt and by what he gave away: that is, by what was given to him, so he accepted(7) The gift, this is what we have, and Zafar - may God be pleased with him - and Al-Shafi’i (1) - may God be pleased with him - said: He is not sold for debt, but his earnings are sold; Because the purpose of (2) the master is to collect (3) money (4) that was not, not to miss what was, and for us: the debt has appeared against the master, so it is attached to his neck to ward off harm on behalf of the people[(5)]. (Not with what his master took [(6)] from him before the debt, and he will be required to pay for what remains after his emancipation): That is, if he pays off his debt from the price of his neck if it is sold, and from his earnings, and if any of the debt remains, he will be required to pay it when he is emancipated.

(And for the master [(1)] he takes [(2)] a similar crop [(2)] with the existence of a debt, and what is more (3) is for the creditors [(4)], and it is fossilized if it is left [(5)]]. This is according to us, and according to Al-Shafi’i (6) - may God be pleased with him -: it is not fossilized; Because abstention does not contradict permission, it is valid [(7)] the permissibility of permissibility, and for us: the meaning of stone [(8)] is valid; Because the master does not accept the forfeit of his right in the event of his rebellion, but if he gives him permission [(9)] explicitly, then he misses the significance of the stone (1). (Or his master died[(2)], or he went mad, or he joined an apostate in the land of war, or he was quarantined[(3)] on the condition that he and most of the people in his market knew), to ward off people’s deception.

(And the nation if he gives birth to her): that is, the nation will be petrified if he gives birth to her with us, and when he exhales - may God be pleased with him -: it will not be petrified (2); Because it is permissible for a woman to give birth to a child (3), we said: This has the significance of the quarantine, since it seems that he does not approve of her going out and interacting with people, but if he gives her permission [(4)] [explicitly] (5), then the explicit one misses the significance (6) of the quarantine.

(Not if he arranges them(7)[(8)], and guarantees their value to the creditor(9)): That is, in the case of production and management, if the woman who produced the product and the manager has a surrounding debt, the master fines their value[(10)], and he does not fine what is in excess of the value; Because he only imprisoned (1) the neck, he must pay its value.

(If he is stoned and acknowledges that what he has is a trust or usurpation, or acknowledges a debt owed by him [(2)] it is valid), this is according to Abu Hanifa - may God be pleased with him -, and they said: It is not valid; Because the corrector of the statement [(3)] has permission, and it has disappeared, and he has: The corrector [(4)] is the hand, and it remains (5). (And if his religion included his money and his neck, his master would not own what he had...(1)). This is according to Abu Hanifa - may God be pleased with him -, and according to them: he owns; Because the neck is his property, so is the gain (2) and his: The master’s ownership establishes succession on behalf of the slave when he is free from his needs, just like the ownership of the heir, and here he is busy with it[(3)]. (A slave did not emancipate his earnings by emancipating his master...(4)): That is, according to Abu Hanifa - may God be pleased with him -, and according to them: he is emancipated[(5)] and the master guarantees its value to the creditors, (and he is emancipated if his debt is not diminished): that is, by his slave and his earnings.