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Division and Aleradin assets Urban jurisprudence

Division and Aleradin assets Urban jurisprudence *

Preparation: Meets all the conditions legitimacy. D. Kamal Omran

(Academy, and the President of Zaytuna channel of the Holy Quran in Tunisia)

Entrance:
We should emphasize that the doctrine is the most prominent element in the Islamic religion, as is the contriver of the Quran, and the Sunnah, there is no room for hesitation towards them when all the teams and all Islamic sects. One has already flags of thought in Islam, Abu al-Hasan al-Amiri (380 E) In his book”Media Bmanaqub Islam”([1]) That fee schedules potable indicate the Islamic knowledge and started three sections:

The first: Knowledge “Denominational” The impact of this term on “Legitimacy” Due to the fact that denominational refer to the practice, and that the Islamic Emirate on the theoretical side([2]). The machine devised for Science is the language and note the statement was distributed by:

* Science Koran readings, interpretation and the interpretation and aware of the reasons down to the other branches, has shown her Zarkashi in his book “Proof of Science in the Quran” He also said where Suyooti in “Proficiency in the science of the Quran”: “Science Koran best science to attach to the word of God. He preferred the word of God to other speech like the superiority of God for his creation”. As in an interview with al-Tirmidhi.

And the whole Islamic sciences including interpretation is science was originally Quran ab center axis which rotates in its orbit all these sciences.

And not the meaning of the Quran Sciences broad sense, but what is meant by the term known when commentators and which fundamentalists: “A thematic and historical research related to the sense of the Koran and a building of”([3]).

I have recorded this at the beginning of the era of science blogging in the second century and was initially a small number of individuals, then the number has doubled to dozens, reaching forty in the eighth century, and twice that in the tenth century and doubled in the twelfth century and Suyuti said it more than three hundred.

This is not an end in itself count فالمجال Rahiba remained a need to additions of the Scholar and thought deeper horizon.. This is like the Koran is open not expire wonders.. It is a book involves the beginnings codes for each interpretation of the scientific sense, eager to reform the world and religion.

The Quran Sciences great importance to appear in many aspects:

1- Of which it is a practical way to save Koran تجسيما to verse: ) I mentioned we went to him and I privates (([4]).

2- Including it as a way to understand the Quran a deep understanding, many of them do not come out as being interpreted objectively well known that the interpretation of substantive focus on partial within the entire Qur'an any that the search in partial expand and deepen, leading to detection of the dimensions of the subject and facts, and show the faces of Miracles of the Qur'an in buildings : ﴿ سَنُرِيهِمْ آيَاتِنَا فِي الْآفَاقِ وَفِي أَنفُسِهِمْ حَتَّى يَتَبَيَّنَ لَهُمْ أَنَّهُ الْحَقُّ﴾([5]).

* And: Modern science([6]) Indus where science and Metn, the novel and know-how… Has proved son Koutaiba in ” Modern interpretation of the various” “The updated line between the narrator and the conscious”: Rate Qaadi Abu Mohammed al-Hassan bin Abdul Rahman ibn Khallad Alramehrmazi died in 360 AH.

“Knowledge of modern science”: Rate Abu Abdullah Muhammad bin Abdullah the Alnisabure ruler who died in 405 AH, but he did not styling research, was arranged by the appropriate technical arrangement.

“Extracted knowledge of modern science”: Rate Abu Naim Ahmed bin Abdullah Alosbhana, who died in 430 AH, however, where the ruler died in his knowledge of modern science of the rules of this art, but left things Tracker can that it Istdrickha also.

“Enough to know the origins of the novel”: Rate Abu Bakr Ahmed bin Ali bin Thabit al-Khatib al-Baghdadi (d. 463 AH), a book full of editing this art matters, and the statement of the rules of the novel, and is one of the sources for this flag.

“Combined narrator ethics and etiquette listener”: Rate It also Khatib al-Baghdadi, a book looking at the ethics of the novel as is evident from the name is unique in the door, the values ​​in the research and its contents, say art of modern science, but the class-Khatib in which a book solely, was also said Hafez Abu Bakr ibn point: «All of equitable aware that modern after Khatib Eyal on books».

“Alelmaa to know the origins of the novel and restrict hearing”: Rate Cadi Ayyad ibn Moses Aleihsba, died in 544 AH, a book is an all-inclusive term research, it is limited to what the terms of how endurance and performance and what ramifications it, but good at the door, good coordination and arrangement.

“Mala accommodate the updated ignorance”: Rate Abu Hafs Umar bin Abdul Majid Almyanja died in 580 AH, a small part is not the big benefit.

Modern science or “Introduction son goodness”: Rate Abu Amr Uthman bin Abdul Rahman Alchehrzori famous son of righteousness who died in 643 AH, and this book is famous among the people an introduction'm righteousness, which is of the finest books in the term, the collection in which the author is dispersed in the other books of al-Khatib and offer, it was a book full of benefits, but .

“Rounding and facilitation to see Sunan al-Bashir prognostic”: Rate Muhyiddin Yahya bin Sharaf nuclear died in 676 AH, writing this book shortcut modern science does not Ben Salah, a good book, but sometimes closed phrase.

“Guidance”: Rate Abu Zakariya Yahya bin Sharaf nuclear (676E) ([7]), A summary of the book 'modern science' to the son of righteousness, then اختصره secondly, and called: Rounding.

“The proposal in a statement and added to the terminology of the few conversations Asahah”: Written by Taqi al-Din bin Eid flour (702E)([8]).

Then he looked in the science of jurisprudence ([9]) As Astenbata of the Quran and Sunnah has been known scholars aware of that jurisprudence: Science Islamic rulings evidence Altfeselh, and they wanted this definition, the science of jurisprudence is المتكفل science research for the legal provisions relating to the work assigned.

Contriver jurisprudence learned from the Quran and Sunnah originally and are the focus of the agreement between the teams and schools of Islamic jurisprudence Islamic phrase and basically what happened perspectives of the difference is due to the reasons has to historical reality no ties to the field to stand then. And are easy to count the number jurisprudence blog is the most prominent works jurisprudential:

1- Ibn Najim: Sea al-Raa'iq the explanation treasure minutes.

2- Aladdin Abu Bakr Masoud bin Ahmad الكاساني: Badaa'i Sanai in the order of canons.

3- Aladdin Abu Bakr Muhammad ibn Ahmad Samarqandi: Jurists masterpiece.

4- Shamsuddin Ahmed known بقاضي the Zadeh Effendi: Supplement open Qadeer.

5- Abdin footnote son named Radd on Durr al-Mukhtar explain enlighten the eyes of Muhammad Amin Bin Abdeen. It works the tap and have had a tendency to be considered as urban life and was a tendency among scholars to tap Mohammed Shibani Abu Yusuf for reasons related to saying illustrious in the Islamic conscience effect”If you have seen the gate Sultan Vatanmoh the world” The القولة took place in circumstances where it was an old oppression prevailed. There is no doubt that the division and assets Aleradin of the developing jurisprudence units when Hanafi compared to that lifestyle deal with their jurisprudence.

It Entries Maliki jurisprudence:

1- Mohammed Ibn Rushd grandson Qurtubi: Beginning of the industrious and the end of the economizer.

2- Dardeer: Footnote ElDesoki the great explanation.

3- Quraafi: Differences.

4- Sahnoun bin Saeed: Blog of Imam Malik (Novel).

5- Lumberjack: Talents of Galilee, a brief explanation Khalil.

The advantage of fiqh al-Maliki that he also went close to Ibn Khaldun in the foreground of nomadic spirit and meaning of the original, and evidence of convergence between Maliki jurisprudence and simple lifestyle asset that they have is based on “The work of the people of the city”Perhaps, these features are carried by people of North Africa to the adoption of the Maliki school, due to the convergence of the environment and to the passion that was of Kairouan scientists on emulated the example of the Prophet SAWS. There is no doubt in the fact that Maliki was taking into account the jurisprudence on the issue of division and Aleradin assets required for the urban dimension of nomadic environment (The sense of authenticity).

And The Shaafa'is was great for them increased jurisprudence of the Code:

1- Shafei: Mother.

2- Abu Bakr Mr. Bakri: Helping students.

3- Zakaria al-Ansari Shafei: Mataalib explain student loans.

4- Shahabuddin Ahmed sandy: Muhtaaj to explain the curriculum.

5- Abu Hamid al-Ghazali: Brief in the jurisprudence of Imam Shafi'i.

Perhaps it is obvious to say that the Shafi'i jurisprudence found during the fifth and sixth centuries AD breeding grounds for taking the necessary works for all areas of jurisprudence and his own jurisprudence in transactions and proprioceptive Earth jurisprudence and Urban Life.

Jurisprudence books come within the Hanbali school of Sunni indents what has been written in other sects:

1- Ibn Qudamah: Singer.

2- Mansour Bahooti,: Qinaa aboard persuasion.

3- Abu Faraj Abdul Rahman bin Qudamah: Explanation great Mystery.

4- Ibn Qudamah: Enough in the jurisprudence of Ahmad.

5- Mardaawi: Equity in the correct knowledge of the dispute.

Do you doubt the relationship between the premises Jurisprudence Hanbali and the environment defined by Imam Ahmad ibn Hanbal, has been known fork of the solitary imposed say the creation of the Koran came Jurisprudence Hanbali reaction is severe, and perhaps the theme continued after Ibn Hanbal due to the circumstances known to scholars and were at the gates of the era of tradition and many .

Perhaps the books of fiqh Ibadi([10]) Are the most prominent works, which they found material division and assets Aleradin, has stood on the important Workbook Sheikh Abu Abbas Ahmed bin Mohammed bin Abu Bakr Alherstaúa the Alnphusi “Division and Aleradin assets”([11]), And the solemn checks reveal for تفقه in religion and an estimate of Architecture in Islam still need to disassembly and analysis, as visions of more than Islamic culture we giving the fields when the definition “Other” Great.

Then Abu al-Hasan al-Amiri pointed to the knowledge of jurisprudence and theology to end denominational Science List. And looked into the science of mental or wisdom and make it two:

The first type: Natural sciences and their full-math. The second type: Theology and Science its Almntkiet machine. Also make a third category of knowledge in disgrace, a such as Tsamat, astrology and magic.

The designation informed jurisprudence and the particles due to the willingness of Muslims to worship God fully Nahla from the Sunnah of the Prophet PBUH.

Meets all the conditions legitimacy- Dividing the land and assets Aleradin:

يمثل هذا القسم من مادة الفقه الواسعة أنموذجا جامعا لصفة الفقه، وهي العلم الدقيق في الأحكام من ناحية والبعد العمراني نظرا إلى الصلة بين الجانبين، ولعل العقل البشري غير قادر على أن يستوعب السرّ الكامن في مدى التوفيق لدى الفقهاء في استنباط الأحكام من النّص، وفي إجراء القواعد الفقهية على الواقع العمراني بالشكل الذي يتيح لأي إنسان أن يجد المجال ممكنا لعملية الإنتاج، وليسعى في الأرض صلاحا، وهل لغير الفقه من سبيل إلى تأصيل المبرات في سلوك الإنسان؟ ولهذه المقدمة الوجيزة وظيفة في الإبانة عن “The greatness of Islamic jurisprudence”.

Perhaps question الممض in this context: The extent to which Muslims today realize this doctrinal heritage who raised Muslim communities in the past, and still be able to enrich the Islamic culture to the Day of Resurrection?

And we can add some added compared to the urban dimension from Avatar withdrawn by the Prophet Muhammad immigration this dimension. ألم يعلن النبيّ صلعم بتسمية يثرب المدينة منطلقات جمّة بها شرّع للعمران فوق الأرض؟ وأي عمران هو؟ أليست النظم المعمارية رموزا للإنسان؟ ألم يقم النبيّ صلعم المسجد الجامع في قلب المدينة؟ ألم ينهل الصحابة من المسجد أسس العقيدة والشريعة؟ ألم ينشأ المسلمون حول المسجد الجامع الأسواق، وفيها تصريف لما نهلوا من المسجد في المعاملات وفي أخطر مكان لها وهو السوق؟ ألم ينشئ المسلمون البيوت بعد الأسواق تمهيدا للسلوك العائلي بعد السلوك الاجتماعي؟ ألم ينهجوا المدن الإسلامية على نحو المدينة المنورة كالشأن في دمشق وبغداد والقيروان وفاس وقرطبة والقاهـرة وكالعواصم الإسلامية استلهاما للتصرف في الأرض قسمة وأصولا وتعميرا؟

One of the doors where the scholars of Islam fought divide the land and assets Aleradin:

Definition of the term ground: Earth feminine, a genus name, a car that ball by people([12]).

1- Land and tenMeets all the conditions legitimacyEarth abscess: We chose to track the jurisprudential Blog (To the doctrines of the Sunnis) According doors dividing related assets Aleradin:

أ- Hanafi:

Abu Yusuf said in the book abscess: “All the land of the safest her family is from the land of the Arabs or the land of the Persians are to them, the land of the Arabs is like the city, while the safest by the people, and is like Yemen, as well as everything that does not accept him tribute and does not accept it except Islam or murder of the idolaters of the Arabs, Verdahm land of ten (Any territory) The role of the Persians back of the Imam and leaving it in the hands of its people is the land of abscess, though presented between who Gnmoha to it the land of ten. Do not you see that Umar ibn al-Khattab appeared on the land of Persians and leave it in their hands they land abscess, and all the land of Persians in favor of territory by her family and became edema It is a land abscess([13]). In the small mosque: All the land opened forcibly bringing them water rivers It is a land abscess, and did not reach water rivers and extracted them eye is the land of ten; because ten relation to land developing and growth Bmaúha, shall be deemed to irrigation water ten or water abscess, and revived the ground Muata it when my father Joseph, saying : The revived a well drilled or into استخرجها or water of the Tigris and Euphrates rivers or bone that is not owned by one they decimals, as well as if stirred by water and sky, but revived with water rivers that Ahtafrha the Persians they Khrajah as we mentioned as water, as is the reason for the development of”([14]).

With- Maalikis:

Little said in explanation of Dardeer([15]): “ووقفت الأرض غير الموات من أرض الزراعة والدور بمجرد الاستيلاء عليها ولا يحتاج وقفها لصيغة من الإمام، ولا لتطييب أنفس المجاهدين بشيء من المال، ولا يؤخذ للدور كراء، بخلاف أرض الزراعة، وفائدة وقف الدور أنها لا تباع ولا يتصرف فيها تصرف المرق ، وهذا ما دامت باقية بأبنيتها التي فتحت عليها؛ فإن تهدمت وجدد فيها بناء جاز بيعها وهبتها والأخذ بالشفعة كما هو الآن بمصر ومكة وغيرها، وأما الموات فلا كلام لأحد عليها، ومن أحيا منها شيئا فهو له ملكا كأرض مصر والشام والعراق هي: All forcibly opened, and to be in this land abscess; they Khrajah. And Foreign Affairs any decimal is a land of peace that the safest people without a fight. And the land of gangrene land of mountains and prairies, for example, a: All the land not the purview of one of them ([16]).

Said Quraafi: Abscess two, what put Omar t on the ground in Iraq to open it by force and divided between Muslims, then saw that go down it; lest يشتغلوا jihad Vtakrb or distract from jihad, went down by some mosquitoes and some of them without compensation, and hit the abscess them and stop them on Muslims. The second type: What reconciles the infidels on their land shall be Kaldzeh بإسلامهم other than the first, as well as the rule in the land of the whole Anoh they stopped the Muslims, however, left her family to teach them, if converted to Islam did not fall abscess; because taxi and land for Muslims ([17]).

Jhlan عدون- Shaafa'is:

He said in the Book of Lights for the work of the righteous: “Must be with an abscess in ten of Foreign Affairs, which is to open the town of Imam forcibly divided between many winners then compensate them and Aagafha to Muslims and hits an abscess as do Omar t Psoad Iraq. Or opens the town Salha to be our land inhabited by infidels abscess known Land فيء the abscess fare ([18]).

D- Hanbali doctrine:

Said in Qinaa: “Land on three types of extrapolation, one: Forcibly open any oppress or predominance, which religiously: What about her family evacuated by the sword, Vejer Imam given a choice of interest then he has to do what he sees as the Imam of the fittest; because Vice Muslims do not do what Imam when صلاحهم between divided on many winners; because PBUH half section between the Khyber and stop many winners half Noaúbh and حوائجه([19]) فتملك the ground, which opened forcibly divided between many winners بقسمها, and abscess them; because they are the king of many winners, and abscess also on what the safest family it as the city or Soulih his family, that land them as a land of Yemen and confusion and Bannagaa, or live by Muslims as a land of Basra in that no abscess them .

And the unstoppable Muslim word gets its endowment, and stop Omar al-Sham, Egypt, Iraq and the rest of the open and approved by companions on it, and hits the Imam after unstoppable abscess continues taken of those who are in the hand of a Muslim and institutes be fare to them; because they are ground Khrajah.

Batting second: What Gila by her family in fear and panic, and Zarana your moratorium same shall be appearing in fairness said: This doctrine upon his companions; because they are not Trophy فتقسم the shall be ruled shade rule, any Muslims all not be Khrajah.

Batting third: Than it اصطلحوا to land a ضربان: One: That يصالحهم Imam or his deputy that the land for us and clicked them بالخراج; This land becomes a moratorium as ours have like those before it, and be خراجها fare it does not fall بإسلامهم, taken abscess of them who moved him to a Muslim and institutes like any other remuneration, and what was in the land of abscess of trees : This is the correct view. The second beating: Than Solhawwa the: That Imam يصالحهم or his deputy, that the land for them and for us abscess them, it is a valid Magistrate's no spoiler; These are the property of their masters and become Dar era خراجها

Kaldzeh taken on their heads as long as their hands, if converted to Islam landed them; because the abscess, which struck them it was for their disbelief fall بإسلامهم Kaldzeh and keep the earth belong to them without abscess acting where how they want, as if moved this land to a Muslim it does not abscess it, nor ”([20]).

2- قسمة الأرض وما يشترط لتحققها

A - Hanafi:

See tap it if he wants partners dividing the land, including the acknowledged king never the reason for moving section Baaqraarham, and reminds the judge Prepared to his oath Baaqraarham did not spend on one of them, but acknowledged the king because of inheritance is not resolved at Abu Haneefah even evaluate the evidence on the death of the deceased and the number of ([21]).

According Tap also that if Oegrahh multiple separate joint section each Aqrah separately opinion correct in doctrine; because what counts is the meaning of which is intended differs that in different countries, shops and neighbors and proximity to the water varies obscene; If you did not differ obscene Jazz divided on the face he sees Qassam . وإذا كانت الأرض بناء قسمت بطريق الردّ على الرأي الراجح، وهو أن يردّ على شريكه بمقابلة البناء ما يساويه من العرصة، وإذا بقي فضل ولم يمكن تحقيق التسوية بأن كان لا تفي العرصة بقيمة البناء فحينئذ يردّ للفضل دراهم؛ لأنَّ الضرورة في هذا القدر فلا يترك الأصل إِلاَّ بها إن قسم ولأحدهم مسيل في نصيب الآخر، أو طريق لم يشترطه في القسمة، فإن أمكن صرف الطريق والمسيل عنه ليس له حق المرور في طريق الآخر؛ لأنَّه أمكن تحقيق معنى القسمة من غير ضرر بأن لا يبقى لكل واحد منهما تعلق بنصيب الآخر بصرف الطريق والمسيل إلى غيره فلا تدخل فيه الحقوق، وإن شرطت وإن لم يمكن فسخت القسمة([22]).

With- Maalikis:

See Maaliki that dividing the property value is not space that different parts of the divisor, the agreed did not need to straighten it divides the space, and singled out in the apportionment of the draw each type separately, in the sense that it does not include the other section, it combines two types or between two classes ascending but each type ([23]).

جـ- Shaafa'is:

Go to the land that was suspected parts of any equal strengths and weaknesses and does not involve a transplant فتقسم alone if إجبارا, the he was a transplant is not valid apportioned alone, nor Ksmthma together only be فسيلا did not appear to goodness Vtjoz divided them by mutual consent, and divided parts فيجبر omission .

If the two different parts of each land Amer and some are damaged or some strong and the other weak, or some trees and build some Lebap, or some irrigated Balseh and some Balnadh (Camel draws upon) Taken into account settlement between Alonsaba the the extent possible, either by dividing each part separately, either taking into account the value([24]) A breakdown of the.

D- Hanbali doctrine:

Hanbali has agreed Shaafa'is whether on one side of the ground in the other wells where the tree adjusted value is given to those who share was not equivalent to the other what is tie([25]).

E- Ibadi doctrine:

If the assets in place of one permissible divided by an agreement that divided the lower parts of a split, saying that the owner of the least benefit بجزئه in what was considered to benefit from the joint, although not in a single solution or not Atsawoa in use or was the owner of the parent does not benefit the ([26]).

The disposition of the land and the subsequent

Hanafi in relation to the disposition of the land and the subsequent:

Came in guidance: It sold the land where the income of palm trees, though not, named; because it is related to decision فأشبه construction, does not include the sale of land planting only label; for it is connected by detachable Aljmaz Fshabh heirlooms that where ([27]). وجاء في فتح القدير: Does not include drinking and the way in selling the land and the house, but the remembrance of rights, as well as the recognition and reconciliation, wills, etc. entering the leasing and mortgage endowment and division; because they are held for the benefit and use without them, unlike the sales it held the king of the neck was intended to use trade ([28]).

He said in explaining the care guidance([29]): Questions of this section are based on two: One: That all that is accessible to the name Sales customarily entered in the sale but did not mention explicit. The second: That was connected Balambaa the contact was a follower of his decision to enter.

What follows the earth if I stood:

Came in open Qadeer ([30]), And property which may be suspended land-based or non-built, and enters the building to stop the earth depending shall be stood with them, and to enter the trees two novels. Abu Yusuf said: If you stop menial Bbaqrha and Okrtha they are servants Jazz (And Alokrh Aharathon) , As well as tillage if depending on the land may be; because they followed the Earth in the collection of what is meant by them, has been proven by the referee depending on what does not prove intentional such as the sale of drinking and the road may not be intentional and shall accordingly, and Mohammed with my father Joseph therein; because of what jazz members of some movable .

He said the provisions of the cessation of crescent: إذا وقف أرضا وفيها ثمرة قائمة أو غلة فهي للواقف دون الفقراء؛ لأنَّ الغلة القائمة لا تدخل تبعا للأصل، ويدخل فيه النخل القائم والشجر، وكل ما يدخل في البيع يدخل في الوقف، ولو كان فيها نقض منقوض أو نخل فهو للورثة إن كان الوقف بعد وفاة الواقف، ولو وقف أرضا ولها حصة ما في نهر أو شرب أو طريق أو مغيض فالقياس عندنا أن يكون الوقف على ما أطاقت الحدود خاصة دون ما سوى ذلك، واستحسن هلال جعل ما كان لها من حق موقوفا مثلها، ولا يدخل الشيء المنقوض والنخل المضروب والثمرة القائمة وقت العقد([31]).

What follows ground if conducted:

Came in Badaa'i Sanaa'i the: If rented land with drinking Jazz depending also on sale, even if rented land did not mention drinking and tear originally Valkies should not be drinking and tear as in sales and acclaim he had, and entering under the lease land is called a text for the presence indication; because the lease ownership of utility mosquitoes, nor ([32]).

Maalikis:

Little said in explanation of Dardeer: ويتناول العقد على الأرض البناء والشجر من بيع أو رصّ، وكذا الهبة والصدقة والوقف، فمن اشترى أرضا وفيها بناء أو شجر لم يذكر حين شراء أرضها دخلا في بيع الأرض إلا لشرط أو عرف يقضى بخلاف ذلك فيعمل به، وتناولت الأرض إذا بيعت أو رهنت البذر الذي لم ينبت فيدخل في بيعها، ولا يتناول بيع الأرض الزرع الظاهر عليها بل هـو لبائعهم إِلاَّ لشرط أو عرف، ولا تتناول الأرض مدفونا بها من رخام وعمد وحلى ونقد وغير ذلك بل هو لمالكه بلا خلاف ([33]).

He said in a footnote ElDesoki: من اكترى أرضا أو دارا فيها شجر خمر لم يبد صلاحه يجوز لذلك المكترى اشتراط دخول الشجر عقد الكراء إن كان الكراء وجيبة وكان طيب الثمر في هذه الإمارة، وكانت قيمة الثمر الثلث فأقل بالتقويم، وأن يكون اشتراط دخولها لأجل دفع الضرر، فإن تخلف شرط من هذه الأربعة فلا يجوز اشتراط دخوله في عقد الكراء، فإن اشترط دخوله فسد العقد، أما لو كان قد بدا صلاحه وقت العقد جاز اشتراط دخوله مطلقا ولو كانت قيمته أكثر من الثلث؛ لأنَّه بيع وإجارة لكونه مستقلا. The implant may not be entered unless the lack of a third with the rest of the conditions are not to be worth two-thirds, they stressed the requirement of entering into the lease also stressed in Msaqath where considered where the conditions were not considered in the Msacah origin, the Akrit Mshahrh is not permissible to enter something not from fruit and ([34]).

Shaafa'is:

Came in lower demands: Affordable pronunciation other six in the sales contract: First: The earth and the same spot and the arena and العرصة, the sold or mortgaged, including trees and buildings entered in the contract, even saying I will sell or Rhntek land including or she or her or their rights, but exempted Kpatk or Rhntek ground without what it did not enter into the contract, and that was Kpatk . The stated by Ibn progress and Subki Ksagvha divides the throne of the pole grapes and the like, or make a pillar of a wall or other became Kalotd intervened in the sale is not in foreclosure; because sales strong conveys King Visttba other than foreclosure, and then it was endowment and gift such as selling as necessitated by the words Rafii, and . Not included in the sale of land canister of water and drink it broke Sinn any share of the canal and river-owned until the requirement as if to say their rights and to be outside of it from the earth while the inside where there is no doubt in entering warned him Subki Unlike what if Akatraha transplant or Grass, it enters ([35]), And repeated fruit in two years or more, such as cotton alfalfa and daffodils or find repeatedly Kalkrat, mint and sugar cane Persian cast, فالأصول the كالشجر intervened in the sale of the land and the fruit phenomenon to the seller no intervention other than the potential for being part of a tree and entered them in the sale of land containing the permissible repeatedly question other than ([36]). And sowing inherent in the land enters the sale lasts and enter creature stones and discouraging

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