អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(And he took [(1)] each for its price): that is, the seller may demand the price from whichever of them he wishes; Because the negotiation includes a guarantee.

The Book of Endowment[(2)] (It is the confiscation of property[(1)] on the property of the donor, and giving in charity[(2)] for the benefit like a loan(3)[(4)]. According to them: it is to close the eye on the kingdom of God Almighty [(5)].

If he gave an endowment to the poor, or built a watering hole(1)[(2)], or betrayed(3) to the wayfarers, or a bond(4), or made his land a cemetery[(5)] the property of the donor(1) would not be removed from him, even if it was linked to his death, such as: If you die, then you have made a endowment(2) in Sahih[(3)])(4), it was mentioned that the disagreement between Abu Hanifa - may God be pleased with him - and his two companions regarding the permissibility of the endowment[(5)]. The endowment is not permissible in his view based on the fact that he gave in charity the benefit, which is non-existent, but [based on] (6) what is more correct is that the disagreement is only the obligation, as the endowment is not necessary[(7)] according to him (1), and if it is linked to death, then there are two narrations regarding the suspension of death[(2)] from him: In a novel: it becomes necessary. In one narration: No, and he chose this in ((the text)).

As for them, the endowment [(1)] is necessary, and it requires a fatwa, and the basic principle regarding it is the endowment of Al-Khalil - may God bless him and grant him peace - the Kaaba (2) [(3)]. According to Abu Hanifa - may God be pleased with him - he is required to do one of two things, which is what he said:

(Unless it is ruled[(1)] by a judge[(2)].

Otherwise, in a mosque[(1)][(2)] that was built[(3)] and separated[(4)] in a manner(1), and people were permitted to pray in it, so a single(2) chapter[(3)](4) even if he made a basement[(5)](6) for his own interests. There is a difference of opinion regarding the conditions for a place to become a mosque: According to Abu Yusuf - may God be pleased with him - simply saying: I made it a mosque is sufficient. Because surrender [(7)] is not a condition for the obligation to stop at it.

According to Muhammad - may God be pleased with him - it is necessary[(1)] to pray in congregation[(2)]. According to Abu Hanifa - may God be pleased with him - one prayer is sufficient, then placing the basement(3) underneath it for the interests of the mosque does not prevent[(4)] [it being](5) a mosque.

(If (1) he made a mosque for someone else, or the middle of his house, and [(2)] called for prayer (3) in it, then it is not [(4)]): That is, if he made a basement under the mosque for other than [(5)] interests of the mosque, the mosque does not become a mosque. Likewise, if he made the middle of his house a mosque, and he gave permission to pray in it, it does not become a mosque; To not clear the way.

(According to Abu Yusuf [(6)] - may God be pleased with him - it disappears with the same saying [(1)]): That is, the ownership of the donor of the endowment disappears with the same saying. (And when Muhammad [(2)] - may God be pleased with him - handed it over [(3)] to the trustee [(4)], and his capture was a condition): Then he mentioned the branches of this difference, and said:

(The validity of the endowment of the commons[(1)]): the commons[(2)] if it cannot be divided[(3)]: In the mosque and the cemetery, it is not permissible to endow it with Abu Yusuf - may God be pleased with him - also, and in other places it is permissible to endow it with Muhammad - may God be pleased with him - also. If it is possible to divide, then it is a matter of disagreement: it is valid according to Abu Yusuf - may God be pleased with him - not according to Muhammad - may God be pleased with him -, and a fatwa is issued according to the words of Abu Yusuf - may God be pleased with him -.

(He made [(1)] the yield of the endowment, or the guardianship, for himself, and stipulated [(2)] that he exchange it for [(3)] [other] land (4) if he wished with Abu Yusuf - may God be pleased with him - in particular: The condition of replacement [(5) ] does not prevent the validity of the endowment according to Abu Yusuf - may God be pleased with him - as there is no contradiction between the validity of the endowment and the replacement according to him, for it is permissible [(1)] to replace the endowment without any condition (2) [(1)] If [(2)] the land is too weak for rent (3), and we do not issue a fatwa regarding it, and (4) we have seen innumerable amounts of corruption in substitution, then the injustice of the judges (5) made it [(6)] a ploy to invalidate most of the Muslim endowments, and they did what they did.

(And a condition for its completion[(1)] is mentioned[(2)] a life-long payment[(3)].

(1) Abu Yusuf - may God be pleased with him - said: It is valid (2) without it, and if it is cut off [(3)] it is given to the poor (4).

It is valid to endow real estate, not movable property[(1)], and on the authority of Muhammad - may God be pleased with him - it is valid to endow a movable property in which [people](2) are treated like an axe[(3)], bitter(4), an arrival, a saw, a funeral, its clothes, a pot, a cauldron(1), and the Qur’an, and most of the jurists of the regions are based on this. If (2) the endowment is valid[(3)], he does not own[(4)] and he does not own[(5)]).

Know that some recent scholars permitted the sale of part of the endowment if it was ruined [(1)]; For the construction of the rest, and the more correct opinion is that it is not permissible (2), because the endowment [(3)] after its validity does not accept ownership, just as free (4) does not accept (5) the neck (6), and we have seen [(7)] in it the same as we saw in the replacement.

(But [(1)] it is permissible to divide the common property according to Abu Yusuf - may God be pleased with him -: for in divisions other than the common ones [(2)] the side of ownership prevails [(5)] (4) in it, not the side of approval. However, it is permissible to divide the common property according to Abu Yusuf - may God be pleased with him - even though it is not permissible to own ownership in an endowment [according to him](1), so he makes [(2)](3) the side of approval prevail in endowments, for Endowment [(4)] his share of a joint property (5) the donor may divide it with the partner. If (6) the endowment is half of the entire property for him, the judge (7) divides it with the donor, but [(8)] it is not permissible to divide the endowment between the banks.

(And it begins [(1) ] from the height of (1) the endowment with its building (2) [(3)], and if [(4)] does not stipulate it (5) if the one who makes the endowment [(6)] gives it to the poor, and if he makes an endowment to a specific person and the end of it is for the poor (7) [(8)] then it is in his money [(9)]. If he refuses [(1)] or is poor, the ruler rents him, pays him his rent, then returns it to his bank (2). And if it is not possible (2) to spend it on it, it will be sold, and (3) its price (4) will be spent on it, and it will not be divided[(5) ] among its beneficiaries [and God knows best](1).

Sales book [(1)

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(It is the exchange of money for money [(1) ] that is concluded (1) with an offer [(2)] and acceptance, verbally in the past tense [(3) ] and with the interaction (1) [(2)] of the precious and the vile (3) [(4)]), so the exchange of money [(5) ] [for money] (1) is a formal reason for the sale, and the offer, acceptance and dealing is a material reason for it (2) (3), and the exchange (4) is between two (5) They (6) are the efficient cause, and he did not say [(7)] by way of mutual consent to include what is not by mutual consent: such as selling the impeller; For it [sale] (8) is concluded, (it is correct [(9)]).