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Jurisprudence at Imam Ibn pond

Jurisprudence at Imam Ibn pool *

Khalfan bin Mohammed bin Abdullah Al Harthy

Judge of the Court of Appeal in Muscat, and advisor to the Ministry of Justice.


This study addressed the contribution of pond in rules Taesela science and applications, has stated the rules that I've found in the mosque, and if found based on the evidence it reported as it is, with the addition of a bit of explanation and clarification of the manual, and watered the same words of Imam branches in most practical.

The study came in three seasons:

The first introductory chapter was the son of a pool and stature, and interest Baltaesel and Altqaid, method in the rules.

The second chapter: In the five major bases.

The third chapter: I mentioned the other rules with something of controls.

Chapter I: I'm attention jurisprudential rules pool

1- I'm blessing and prestige:

Is the trademark Abu Muhammad Abdullah bin Mohammed Ben Barka, ends relative to Salamah ibn Malik bin understand, was born in the city of Bahla interior of Oman in the second half of the third century AH, between 296 – 300E, and lived in the fourth century AH, and estimated time of death between 342 – 355E. As Astzarh some researchers ([1]).

Was a contemporary of Imam Razi Saeed bin Abdullah bin Mohammed bin lovable Rehaily, and benefited from the note, it can be considered that the imam and one of the Sheikhs; because with being bear the burdens of governance in the land of Oman بالبيعة his imam Great in the year 320 AH; He knew him as I know the people of . It says Sheikh Mohammed bin spirit: “I know the group who were with him”([2]).

Among the most famous scientists who cherished them very much, and reminds them of the attributes tribute and الإكبار is the mark: Abu Malik Ghassan bin Mohammed bin greens Asalana, resident in the area of ​​Sohar, and is attributed to one of the villages that called Slan([3]).

Among the most famous disciples who walked on his approach and interested in their heritage, and it was his successor at the school; brand: Abu al-Hasan Ali bin Mohammed Albsewe, from the city of Bahla, and many other students of science, from the people of Oman and the Islamic people of Morocco, who came to him with a view of science.

And Abu Mohammed, one of the few scientists who collected between science and wealth, was spent on the chandelier educated him, and joined rode his school education in a number of the people of Oman and the people of Morocco, which is not supportive of those who promote asceticism and austerity edema the minimum. In commenting on the recent mortgage Prophet e shield Jew said: «God knows health news;, because the Prophet e died for capacity, and it was tight before that, and the news that he had bought e of the Jewish pawnbroker shield thirty one saa 'of food, Vaqtadth thirty days, and remanded the food most of the day at his home indicating the weakness of the doctrine ([4]).

It is regrettable that the effects of mark Abu Mohammed Ibn pool has been lost, leaving them only very little, probably due reason for this is that the scientists who came after him tended strongly to Abu Sa'eed Alkdma contemporary to him, and appealed to them his views, especially issues of jurisdiction and innocence with regard to . The brand Abu Mohamed Ben Barka standing a different position of the mark Abu Sa'eed Alkdma, so that the positions they founded two, divisions and Sarta two schools known for both worlds.

Salmi says Sheikh: «Then appeared people after God wills of the time, and after the extinction of those ages, Vglua the commanded Moses and Rashid, Oajabua innocence them to people, and they said: Ignorance can not governance Bhdthma; because they just came out on the Imam, an imam unanimously, and abroad Imam consensus unanimously Bagh, and innocence of unjust unanimously due unanimously. ورأس هذه الفرقة وعميدها الذي اشتهر بها أبو محمد عبد الله بن بركة ومن أخذ عنه من أهل عمان، منهم أبو الحسن علي بن محمد البسياني، وتبعهم على ذلك خلقٌ، وسميت فرقتهم بالرُّسْتاقية، ونقض عليهم أهل الحقِّ مقالَتهم وردُّوا عليهم غلوَّهم، وممَّن اشتهر في الردِّ عليهم أبو عبد الله محمد بن روح بن عربي، وأبو سعيد الكدمي، وفي الردِّ عليهم ألّف كتاب الاستقامة بأَسْره، وتبعهم على ذلك ذلك أناس، وقفوا إلى الهدى، وسمِّيت فرقتهم بالنـزوانية»([5]).

This is Sheikh Salmi, and found them leave for Abu Muhammad because of his positions from those of sedition, however Voqgualh the jurisprudential remained reserved passed between the books, and festooned with the discussions, and transmitted back for advances.

Since the age of boyhood, and I feel attraction toward what moves the mark Abu Mohammed Ben Barka of words doctrinal comfortable with her myself, and respond with my feelings, and I like to debate and dialogue idiosyncratic If a quotation from this science illustrious, highlighting the eloquence and supported by evidence, has sported a perfect figure in .

And browsing through books jurists فأراهم decorate their words by mentioning this tag, anise much if they chose an opinion on kofta Abu Muhammad, the name became a brilliant level ancestor Ibadi, like Badr among the stars, and the University, written became qualified in the words of scholars, and the passage of time as “The book”, How many of the top scientists nicknamed Abu Mohammed, but he thinks without dispute, and admittedly if this nickname launched in the books of fiqh; do not go unless it.

ودون المساس بمكانة غيره فإنَّ الحقَّ الذي يجب أن يُقرَّر أنَّ العلاَّمة أبا محمد لم يوجد من العلماء من أصّل للفقه الإباضي مثله، بل وقد امتاز مع الدراية في العلم والضبط في الرواية بالشجاعة والجرأة عند مناقشة الأقوال، ويلتزم بقدر كبير من الإجلال والتقدير لعلماء مذهبه، لكنَّه لا يجد حرجاً في الخروج عن رأيهم إذا ما وجد الحجَّةَ والدليلَ في قولٍ آخر، مع بذل الوُسع في محاولة فهم رأيهم والاحتجاج لهم، وكثيرا ما يختم المسألة بقوله: “We call them the argument”.

2- Interest Baltqaid and rooting:

As already noted that the mark Abu Muhammad Ben Barka lived at the beginning of the fourth century AH, and there are of the opinion that he lived in the third century AH.

I have cared Btaesel Jurisprudence and report its rules, and care as well as comparing the Ibadi jurisprudence of other doctrines, which Zadeh capacity in the idea, and the corresponding strength in.

Aware of the importance of the study of jurisprudence, consider the novels, and how to elicitation of Quranic verses, and re-branches of jurisprudence to the rules which he calls the sometimes mothers doctrine; put his book named: “Whole”, Which has spread to fame and became qualified when scientists Ibadi: “The book”.

Says in his preface: “ثمَّ نبدأ بذكر الأخبار المرويَّة عن النبي e، التي تتعلَّق بها أحكامُ الشريعة، وإنْ كان الفقهاءُ قد اختلفوا في تأويلها، وتنازعوا في صحَّة الحكم بها؛ لأنها قواعدُ الفقه وأصولُ دين الشريعة، لحاجةِ المتفقِّه إلى ذلك، وقلَّة استغنائه عن النظر فيه، والاعتبارِ في معانيه، فالواجبُ عليه إذا أراد علمَ الفقه؛ أن يتعرَّف أصولَ الفقه وأمَّهاته، ليكون بناؤه على أصول صحيحة ليجعلَ كلَّ حُكمٍ في موضعه، ويجريَه على سننه، ويستدلَّ على معرفة ذلك بالأدلَّة الصحيحة، والاحتجاجات الواضحة، وأن لا يسمِّيَ العلَّة دليلاً ولا الدليلَ علّةً، والحجَّةَ علةً، ولِيُفَرِّقَ بين معاني ذلك، ليعلمَ افتراقَ حُكمِ المفترِق، واتَّفاقَ المتفِّق؛ لأني رأيت العوامَّ من متفقِّهي أصحابنا ربما ذهب عليهم الكثيرُ من معرفةِ ما ذَكَرْنا، وتكلَّم عند النظر ومُحَاجَّة الخصوم بما يُنكره الخواصُّ منهم وأهلُ المعرفة بذلك”([6]).

The motive for the author of this mosque is to develop rules and principles doctrine Ibadhi the jurisprudence. Says in some places when he was inferred base “Uncertainty disappear, not the smallest doubt”, Said talk: «Light only of sound or wind”Said: “This news of his interpretation of a long explanation, will not be hidden on the properties of our companions, God willing; because the book them, we have compiled, and them of our intention; because Almarjua them and pick them”([7]).

Having devoted the first section of his book to the issues of jurisprudence, and operated a large portion amounted to two hundred and forty newspaper almost, eating branches jurisprudence in the remainder of the doors of the book; interested in re-branches to their bases, which means mothers of jurisprudence and rules, and it appears evident when he says in his introduction to the previous: “To teach separation sentenced to an intersection, and agreed Agreement”.

This meaning is expressed by scientists then saying: “Nazaa'im”, Says Suyuti: “Jurisprudence know the likes and isotopic”([8]).

We must decide here to mark the father Mohammed bin pool of early scholars of Islam who directed attention to the rules of jurisprudence, and they looked at separation rule junction and agreed rule agreement, or as to finally identified: “Nazaa'im”، إن لم نقُلْ إنَّ هذا الشيخَ قد سبق الجميع حتى من علماءَ المذاهب الأخرى؛ لأنَّ الدلائل تشير إلى أنَّ الإمام أبا طاهر الدباس قد جمع أهمَّ قواعد مذهب أبي حنيفة في سبعَ عشرةَ قاعدةً، وكان ذلك في مطلع القرن الرابع الهجريِّ، بينما يُنسب أوَّلُ تأليفٍ في القواعد إلى القرن الخامس الهجري، حين كتب القاضي أبو زيد عبد الله بن عمر بن عيسى الدبوسي المتوفَّى سنة 430هـ من أئمة الحنفية، أوَّل تأليفٍ في علم الاختلاف وفقه التخريج في كتاب: “Establishment of”([9]).

Hence it is clear that authored the son of a former pond tag on the other for the formulation of jurisprudence, and append the appropriate branches, and branches emerging exception them.

But it thousand independent message at the base of one of the major rules is agreed: “Habit Court”, Called: “Dating Book”, Says in this book: “It is obligatory upon the blessed him with Islam, and summed up the law of faith; to begin teaching assets before the branches, and that proves the rules of architecture before it raises Hoahq Chiefs of Staff, and knew the meaning of assets; knew how to build the branches, and did not know the truth of assets; was incumbent upon the obvious ”([10]).

The get this mark on the Queen aware of Jurisprudence thanks to God it from the knowledge assets and jurisprudence, so he deals with doctrinal issues insight University, and the principles fixed, and a broad look, and the idea is mature, he went breakthrough commander gallant, courageous and brave, discusses each issue of the movement to him, : “This say Ohik to my heart”([11])Or: “This I see two views”([12])Or: “I have this is to say”([13]). And the likes of it with the evidence in the mostly.

3- Approach with the rules:

Jurisprudence is يستنبطها by scholars of texts that brook interpretation, and falls under the rule of a single phrase of large sections of the various sections of the Principles, which are the majority, have adjudicated on most of the fractions, and have excluded.

Scientists have cared Almgedon these rules; because it will serve to control many different issues in the doors, asymmetric in its provisions; so that al-Qaeda and a way to evoke the provisions of, and the need for the judiciary and Ifta it urgent.

And committed to Abu Mohammed in his book mosque to work on to indicate this jurisprudence with the rules of fundamentalism, has already referred to the early time that he lived in Abu Mohammed, who witnessed the birth of this art Galilee art of jurisprudence, it was according to Abu Muhammad at that time to formulate rules doctrinal formulation .

We found five major bases has prescribed by Bolvazaa, or a clear signal to them, as well as a lot of other rules, and those rules that took care of and treated, the base: “Uncertainty disappear, not the smallest doubt”, And base: “Habit Court”, Has authored his book named book: “Dating”; To clarify the relationship between the rules; where it is proved that the law of God Almighty has been considered the base: “Certainty shall not pass away, but like certainty”, And pray this rule was originally to be due to many of the provisions of Islam.

But between inference and acting on it would be wrong to consider this uncertainty does not come out in charge of its duty only, and does not provide things without it, it is a certainty that with God, and the truth taught by God, but due account the certainty that is we have.

It is his words in this sense as saying: “وأنَّ اليقين الذي تُعُبِّدْنَا به هو ما عندنا؛ لأنَّ ما عند اللهِ من اليقين لا يبلُغه علمُنا، الدليلُ على أنَّ الله تعبَّدنا بما هو يقينٌ عندنا ممَّا نعلمُ والظاهرَ من الأمور، ونستدلّ على معرفتها، ونخرج من العبادة دون أن نعلمَ حقيقتَه عند الله؛ ما تعبَّدنا بإباحة الفروج، والدماء، والأموال، التي عظم حرمتها وتوعَّد عليها بأليمِ العقاب؛ بالعدول من البيِّنة دونَ غيرهم من الفسَّاق، فعلينا طلبُ العدالة بظاهر أمورِهم، وما هو يقينٌ عندنا بما تسكُن إليهم نفوسنا، وتطمئنُّ به قلوبنا، لأنَّ الله جلَّ ذِكره لا يجوزُ أن يفترضَ علينا الحُكْمَ بالبينة العادلةِ عنده؛ لأنَّ ذلك عالمٌ بسرّهم وباطنهم، إلاَّ أن يَنْصِبَ لنا علماءَ يعرفون به كالسماء بين أعينهم، ولعلَّ جميعَ ما تعبَّد اللهُ به عباده من طريق الشريعة؛ أن ما أخذ عليهم أن يخرجوا منه بما هو يقينٌ عندهم، بما يستدلُّون على معرفته بالعادة الجارية والأحوال الظاهرة”([14]).

Through this adequate explanation is the use of habit and taking them is legitimate, and be out of the court judgments that have proven certainty.

It is his approach that alludes to the base with a lot of branches that fall under its base sees; to confirm its origin, who walked in the judgment on the branch, such as saying in an indelible certainty of uncertainty: “No doubt the opening did not generate the largest opening or not her senior; basic principle is that it did not come out, do not come out of the imposed only certainty”([15]).

He says in a menstruating woman sees a brownish discharge after her period: “It is from her period; she entered and graduated only certainty certainty and see the purity fences”([16]).

At the base of the habit Court, the question of NATO does not eat eggs, eat fish eggs; that there is unkept, says: “Because people knew their habits and their destinations on chicken eggs”([17]).

At the base of hardship bring facilitation says: “The mabtoon combines prayers because of discomfort, and said it is permissible to combine the rainy day of the hardship”([18]).

It is his approach that observed in many of its rules of inference of transport and guides the mind, has made it clear that models with the rules that we have mentioned in this research, and often see it violates the owners of his commitment with al-Qaeda doctrine established by the.

Often Wrong on who disagreed on the same question of his companions and others not to walk on their origin which they built upon their views, he is seen as branches of his companions, and collected in a single origin, and shows surprising when you see them out in something of branches of their origin, for example, see the rule that . Says: “Some of our companions said: If man-to-man recommended a share and his heirs; was to him like one of his daughters share, or share the least, this says Mohammed bin lovable God's mercy, and to consider requires've got to give - it continued- A share Hermaphrodite, and saying those who recommended him Palm to have the middle of the palm, and also said those who recommended him with the sword of سيوفه or dress clothes, to pay him the middle of the forms, and did not know what the face of difference to them between, consider requires to pay him the middle ”([19]).

Says: “إذا جرح رجل رجلاً فعفَا المجروحُ عن الجارح؛ جاز العفوُ عند أصحابنا، والنظرُ يوجب عندي أنَّ العفو باطلٌ؛ لأنَّ الحق لأولياء المقتول، وهذا أشبه بأصولهم؛ لأنهم أبطلوا هبةَ المريض، وإبراءَ الغريم وحلَّه له، ولم يجيزوا في مرضه إزالةَ شيء من ماله، إلا فيما لا بدَّ له منه لتعلِّق حقِّ الورثة في ماله حالَ مرضه، وهو عندهم كالمحجور عليه، فهذا حقٌّ واجبٌ عليه، فإبراؤه له منه في مرضه لا يصحُّ، والله أعلم”([20]).

In some places say: “Is seen in this answer;, I did not save our companions the word, but Tharith on assets”([21]).

And Imam Shafi'i traces in violating its origin, says: “Have agreed Shafei in this, and he said: Has proved the rule sure something; still rule him second only certainty. Then it was not on saying and integrity in this section even said a man found a man wrapped in a robe struck him with the sword by piece the two halves, it was nothing on the cutter, so knows that the cabbage was alive, life has progressed with certainty; should not remove anything Tiguenh of the judgment ”([22]).

Chapter II: Five major rules

The first rule: Uncertainty disappear, not the smallest doubt.

Qaeda statement:

This rule out a legitimate great, falls below what countless branches of jurisprudence in the different doors of worship, transactions, and personal status, and penalties, and districts, even brand-Suyuti said: “This rule is included in all sections of the doctrine, and extracted issues amounting to three-quarters of Jurisprudence and more”([23]).

The quoted Abu Mohammed tag to this rule speech Messenger of Allah e: «The devil comes one of you is in prayer فينفخ in إليتيه, do not leave until you hear a sound or smell the smell»([24]). Said: “The correct story may be true all Allenbe e Stability on Advanced certainty of Purity ([25]); Because the uncertainty does not rise with skepticism; and because it is certain knowledge about the otherwise unknown, and information does not rise without known. The other aspect is that God U has enjoined us Etienne purity, and may not be to raise what تيقنا obligatory Baltjoaz, and should it come to be by the uncertainty of the performance, I suppose God it, if this was so; Vchke as ordered - inflicted or not – It does not remove the uncertainty and obligatory”([26]).

The text of Abu Muhammad mark on this rule in several formats, including: “Uncertainty does not rise with skepticism”([27]). Perhaps cited format: “Uncertainty does not remove his only sure like him”([28]). And: “Consensus does not fade with skepticism”([29]).

This rule was settled when the people of this art then words: “Uncertainty does not fade with skepticism”([30]).

Branches jurisprudential:

Said Abu Mohammed: “Of uncertainty event, then no doubt, is purified or not purified; had told him, and ascertain the purity and certainly did not generate Did or did not happen; is the purity”([31]).

– From there, leaning Nam wudoo 'unless lying([32]). This is the opinion of Abu Muhammad, and his argument that Purity sure, talk which requires re Purity is: «But Wudoo on from Nam lying», was true he has that e leaned on his hand inflatable sleeping even stood and prayed([33]).

– If the woman saw blood confused them; do not let him impose a prayer ([34]). Said Abu Mohammed: “For I Ojibna prayer imposed in the event of purity, not fall for that, except in the case of menstruation, if not learn her period; had to be not to let hypothesis only certainty”([35]). Said: “Do not let the prayer; knowing impose prayer doubt is certainty”. He argues that women should be considered her period by keywords and descriptions without being bound in days([36]).

– If you are born a boy and stayed in the stomach last; do not let Bnevsa is no prayer, said Abu Mohammed: “Unless put it in her womb pregnant, and is not permissible to be nifaas she was pregnant at the time; pregnant because it prayer, and postpartum name to put pregnancy”([37]).

– Yellowish or brownish discharge is not menstruation, but if you contact with blood, he said,: “Yellowish and brownish colors are not menstrual blood, if her menses I called her period blood yellowish or brownish it from her period; they entered certainty nor out of it, but with certainty, and you see purity Albin”([38]).

– Refrain intercourse after menstruation and before washing, he said,: “Unanimously our companions with Mkhalvém on the prohibition and intercourse with her for menstruation, then they differed in the legalization of intercourse with her after the interruption of blood, and agreed to Abaanha the water after purification, understand the ban even collect height and permissible”([39]).

– من وجد رجلاً ملفوفاً في ثوب فقطَّعه؛ فحكمُه أنَّه قاتلٌ، قالَ: “Because the origin of life, and made a life there must be certainty removes what Tiguenh of the rule of life for doubt Interceptor”. He stated that the Shafi'i violates his and Tqaidh of this issue; originally sentenced that the cabbage death([40]).

– للزوجين أن يغسل كلٌّ منهما الآخرَ غُسل الموت؛ لأنَّ العصمةَ باقيةٌ بعد الموت، والمدَّعي قطعَ العصمة بينهما محتاجٌ إلى دليل، وأكدّ ما ذهب إليه بقوله تعالى: ﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجاً﴾([41]), And says: ) And half of what you leave your wives (([42])([43]).

– If the water found variable did not know was caused; it is doomed his purity, he said,: “Each variable found water and did not know that the change of impurity; is doomed him by virtue of chastity; I'm sure it was clean, and we are not sure because it has become unclean, and not _kina in the demise of Purity his under impurity proven by”([44]).

– “Certificate on the exit of the fasting month of not less than good character; because if before Justice per the month, so by way of worship; because the news of Justice and the duty to accept, but if shall impose fasting; may not be out of the imposition uncertain, but with certainty, it must be of good character where”([45]).

The second rule: Habit Court:

Qaeda statement:

We have taken into account the street Sharif habits of people and their customs Vaattabrha in many of the provisions, and the Prophet e in the legislation kept many customs, and most important prevailing Ethics and commendable, he said, peace be upon him: «I came completer morals».

Including transactions, including Marriages, this rule became supported when scholars, and referred to in many of the doors of Jurisprudence.

He was the Koran provisions in some places, and usually left to and custom estimate the food poor in Atonement. Said Abu Mohammed, the: “If someone said to ask who خالفنا, not Ojpettm Aloklten and not in verse repetition of the food, and it is if never received must be used once, but you had to be significant redundancy? : The significance of the Quran and Sunnah, either from the book says God: ﴿مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُم﴾([46]). The usual people food for their families every day Okltan; rare because of their reaction feed eaters and three meals, but what he did to the people of their habits of feeding their families أكلتين [As well as]([47]). It also quoted to this rule, the words of the e Prophet: «What the Muslims think is good is good God».

Scholar Ibn has made this rule pool allocation for the previous base: “Uncertainty disappear, not the smallest doubt”; The charge if he is to be the rule, it brings certainty in kind of certainty, or dwells flag to heart and ongoing habit; to act as uncertainty([48]).

Protested such verse: ) O ye who believe if immigrants come to you believing women Vatnohn God know Bemmanhen is the Almtamohen believers there is no Trdjaohn to the infidels (([49]).

God has called what governs note, there is no certainty, as evidenced by saying: (God knows Bemmanhen).

He quoted from the year in the snapshot is that they pay the sign come by a prosecutor, and there is no certainty([50]).

And the transfer of a consensus to accept the gift and its transition to the king donated to him by messenger, and perhaps he was a boy, Vswal king of the owner uncertain got including dwells him heart, and has been the practice ([51]).

As well as men marry women from a guardian unknowing, and then delivered to women as his wife, and not only silence the heart and the ongoing habit.

And sentenced in absentia to death after a hundred and twenty years; under the current custom and habit that he does not live more than this amount, and not passing requires death with certainty([52]).

Says: “Perhaps all worship God by slaves by law to take them to get out of it what is sure they, including يستدلون to know usually this ongoing phenomenon conditions, not including what it knows”([53]).

He has a full-custom and habit and live to the heart of what is happening among the people of the deal, he named: “Dating Book”.

Branches jurisprudential:

– Faith returned to the habits if not the intent of the oath, he said,: “If NATO humans do not eat eggs or intention to him; he unkept not eat fish eggs; because people knew their habits and their destinations on chicken eggs”([54]).

– ولو حلف لا يسكُن بيتاً؛ فكلُّ بيتٍ من حجر أو مدرٍ يسكن فيه حنثَ، وإنْ سكنَ بيتاً من شَعر أو نحوِ ذلك لم يحنث؛ لأنَّ البيتَ المعروف والمقصود إليه هو ما ذكرنا([55]).

يُحكَم على المرأة بترك الصلاة بسبب الدَّم الذي يأتيها في أيام عادتها؛ أنَّه حيضٌ بالعادة وغلَبة الظنِّ([56]).

– إذا أرادت المرأةُ الكبيرة أن تعتدَّ من الطلاق وقد انقطَع حيضُها وبلغت ستين سنة؛ حكم عليها بالإياس، واعتبرت عدتَّها بالأشهر([57]). But sentenced in this age Balaaas under habit and custom.

– The restaurant needs to be for the poor in expiation right and other Boklten Modomtin according to the average of Usually people to feed their families ([58]).

– If a person has a freed slave and slave nation; he went to the male. Said: “The man who attended the death has Abadan male and female, and said,: Oatqgua Me Abdi, or said: Abdi free after my death, Boehma located freedom?, He was told: The human address Avadth and knew him, and the slave apparent in the language and mostly male without female, and on this public knew”([59]).

– If he said: You are divorced if coin Flana, which struck him dead reneged, he said,: “The matter requires that hit the dead of the sons of Adam and others not to strike, and that human judgment may still be with him to death; because people's faith to know and customs The”([60]). The opinion of the owners said that it does not unkept.

– البيعُ يجوزُ في الغبن القليل المتعارَف عليه، ولا يجوزُ إذا تفاحش الغبنُ، وخرجَ عن مقدار ما يتغابن الناس في مثله ([61]).

– إذا باع أرضاً بما فيها؛ دخلَ في البيع الخشب، والشجر، والنبات، وما يعرف بها؛ لأنَّه تَبَعٌ للبيع ([62]).

– إذا وكَّل رجلٌ رجلاً في شراء عبدٍ، فوافق عبداً في يد وكيل الأمر له، فاشتراه ولم يعلم أنَّه لمن وكَّله؛ فإنَّ الشراءَ باطلٌ؛ لأنَّ عرفَ الناس وعاداتهم ألاَّ يَأْمروا بشراء ما دخل في ملكهم ([63]).

– جوازُ الدخول بلا استئذان في البيوت التي جرت العادةُ دخولها كبيتِ المأتمِ، والعرس، ومجالس الحكام، والبيت الذي فيه حريق، وما كان في هذا المعنى ([64]).

– If the death of the missing governed for the past four years, a loss inference usually ([65]). And absentee governs death if he ever one hundred and twenty years as it once did upon which people ([66]).

– If the year the country swore allegiance to the boys, Persians, including the award; Valtaref requires the leave so ([67]).

The third rule: Bring hardship facilitation.

Qaeda statement:

هذه القاعدةُ تعني سماحةَ الشريعةِ ويُسْرَها، فقد جعلَ الله تعالى الأحكامَ التي كلَّف بها الأمَّةَ المحمديَّةَ سهلةً ميسورةً، ومهما بدت أسبابُ المشقَّة يأتي التخفيفُ والتيسيرُ، ويُلاحَظ في أحكام الشريعة واضحاً التخفيفُ في الأحكام، منها رفعُ الإثمُ عن الناسي، والنائم، والمكرَه، والمجنونِ، ومنها تخفيفُ الصلاةِ في حال الخوفِ، واستعمالِ التراب بدل الماء، عند خوف الضرر وعند فقده، ومنها مشروعية الفطر للمريض والمسافر في رمضان، ومنها عدمُ تكليفِ الحائضِ بدَل صلاتها؛ لتكرُّر ذلك كلَّ شهر بخلاف بدل الصوم، وأمثالُ هذا كثير لا يحصى.

God says: ﴿وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِن حَرجٍ﴾([68]), And teaches us God Almighty prayer go to: ) Of our Lord we do not carry insisted as his campaign on those of us of our Lord and does not endured what our energy (([69]).

Abu Mohammed says testify to this rule: “The Allah said this religion is pleased, tempered their ordeal, as well as God said in His Book: ) God intends for you ease and does not want hardship for you (([70])([71]). And God said, U: ﴿يُرِيدُ اللَّهُ أَنْ يُخَفِّفَ عَنْكُمْ وَخُلِقَ الإِنْسَانُ ضَعِيفاً﴾([72])([73]). Said: “والجمعُ للمسافر وجبَ باتِّفاقٍ لمشقَّة السفر”([74]).

Should be aware that the base of hardship bring facilitation is not steady does not lag behind in all cases of hardship, but that easing the responsibility of what is stated in forensic evidence, the book, and the Sunnah, and consensus, measurement, and other evidence considered legally, and did not consider the evidence legitimate reason; no ([75]). Not all bring hardship facilitation, and not all facilitate caused hardship, but mostly takes place on base.

And restricting some scholars mitigating reasons in seven main reasons is outlined in the: Travel, illness, and coercion, forgetfulness, ignorance, hardship, and general scourge, and natural shortage([76]).

Branches jurisprudential:

– Istihaadah prayers and purity: Said Abu Mohammed: “Our companions unanimously agreed that istihaadah ghusl for each Slatyn the one ghusl, and pray by Slatyn in the place of one, and to become ghusl…, Said some Mkhalvina on المستحاضة to wash each prayer ghusl is not collected, and this is the hit of the reserve, which went to our companions see the words of Mkhalvina, because the year is like, on I-If we accept the appeal in a news Aisha by considering, the combination of the traveler must Agreement ”([77]).

– Almraov It is not his blood Mahes: Said Abu Mohammed: “Consideration requires've got that Almraov one who is يرقأ his, that the combination of Slatyn Adzeh compared on istihaadah and the like our companions assets; because istihaadah may have a combination of discomfort, and the combination of God, which has softening it and license”([78]).

– Collection of prayers for Mbton: Abu Mohammed says: “Our companions said mabtoon combines prayers because of discomfort in the purity at every prayer, and the help of fatigue, and said it is permissible to combine the rainy day of the hardship”([79]).

– Purity Sar cat pan scourge: Said: “All campus flesh and wild animal Penh; Sarh unclean, unlike cats; because lions do not scourge us and does not can almost نبتلى the by Calcnor which eased us ordeal for scourge”([80]).

– Purity of the well of impurity: Said: “Differed advances in the mouse and the like, if she died in the well sleeve siphoning them?, However they differ in that they agreed that migrate each and cleanses the rest of them, and measuring the water may mess up the whole as if it were in pots, but they saw that it construed to discomfort in the door of worship”([81]).

And falls under this rule to the other, is:

“Permitting necessities Mahjurat”: May Almighty God permits what is forbidden in origin because of necessity which is appointed hardship and embarrassment, mentions of Abu Mohammed saying: “Has permitted God eat dead of compelled, as well as drinking alcohol is forbidden, and is permissible for compelled drink to greet him the same, as well as the campus of the people Orphans Fund and adults, and may eat in the event of having, as well as may be the Prophet e authorized the delegation of Abd al-Qays wine because they have to, but live themselves ”([82]).

“Necessary exaggerated estimates”: It Kalt_khasas for mother base; because of which it is permissible of Mahjurat be as much as needed and not more than. Said Abu Mohammed: “Not compelled to eat the dead until full; because the permissibility received him because of the fear, if still fear increased need”([83]). Said: “It was forced to purse other; eat it as much as what you go away for fear it, and it ensure what to eat”([84]).

RULE: Things its purposes.

Qaeda statement:

This rule is the origin of the assets depends upon acceptance of Sharia business and its response, and health, and corruption, all of the subjects from قولية or affect them actual intent and purpose, brand Abu Mohammed protested to this rule of evidence:

– God said: ) And ordered not to worship God worship Him (([85])([86]). The verse indicates the sincerity of worship and faith intent to God alone, that's what God commanded His slaves.

– God said: ) And eat the food of love needy and the orphan and the captive () But نطعمكم to the face of God (([87]). Said: ﴿وَالَّذِينَ يُنْفِقُونَ أَمْوَالَهُمْ رِئَاءَ النَّاسِ﴾([88]). Said Abu Mohammed, for the first verse: “Praise God Banvagahm for their money if the purposes of God, U, and in the second ذمهم spending; because they did not intend Allah mentioned them, has turned Alanvacan On the surface, this spender and that spender, make one obedient loyalty and intent to God Almighty, and the other disobedient to the erosion of these ”([89]).

– And also protested the words of the Apostle e: «Actions are but by intentions, and each person will have but that which he intended»([90]). Modern and considered by many scientists originally to this rule, and made him a third of science, and some of them said: Quarter ([91]).

Has launched several versions of this rule:

– God Almighty does not accept obedience of those who obeyed only on faith([92]).

– If you do not do what is the purpose of its choosing; did not name obedient([93]).

– Every act of God has enjoined on one of the slaves, he is not Bmad his performance was not meant to impose([94]).

– Becomes the act of obedience or disobedience if added to faith([95]).

– Obligatory only serve Balaradat([96]).

Branches jurisprudential:

– Said: “Shall bring the purity of intent and other acts of worship evidence that we have mentioned phenomena”([97]). So: Washing janaabah, and ablution, tayammum, as well as prayer, fasting, and almsgiving, pilgrimage, and other.

Says in Tharrat: “And we choose we that do not have purified for ablutions prayer or uterus only the structure and intent; because ablution ordinance does not only lead Balaradat and validity of wills”([98]).

He said in fasting: “The human being if it becomes non-Naw of fasting, and worked from eating, drinking, and Almenkh, until sunset, did not deserve the name of fasting, can not be called obedient; because naked for constipation with the intention, and what came to him is a picture of fasting, even if the progress of this holding structure of the night; ”.

Said: “Duty on rights استصحاب the intention of worship if he wants to do it, and her Astsahabh is not to convey the work is in it to other”([99]).

– Said: “Women approach her news of her husband's death or divorce after the expiration of the kit, which invoke the like, have differed in, which goes to him contrary to his companions, they do not consider what went on from the time, but come to do what تعبدت it; because the kit worship only serve purpose, will and intention”([100]).

– Divorce drunkard wastage of intent does not fall. Says: “And which requires me to drunk who has the distinction that the provisions require him in everything; because he does what he does in order for him from discrimination, and the drunken man who does not distinguish him like a madman placed in the side of the road, and falling on the dunghill, Vsepelh I have for Crazy, which is located actions battle of ”([101]).


– What it is enjoined ablutions on both willful and omissions([102]).

– If he touches the vagina forgetful person who has wudoo differed, said Abu Mohammed: “The matter requires me re-purity of touching intentionally or by mistake; because it is not by sin, but because the evidence enjoined veto Purity فاستوى of error and mayors, to our agreement that the wind out of the back passage intentionally denounce the purity and intent, as well as exit impurity”([103]).

Fifth base: Damage remains.

Qaeda statement:

This rule was based on modern: «Do no harm in Islam»([104]). It was decided to pay the damage for people, whether private or public harm, came Sharia forbids harming. God says: ) Have not Thompskohn harm to transgress (([105]). Said: ﴿وَلا تُضَارُّوهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ﴾([106]). Said: ) Nor harmed writer nor a martyr (([107]).

It came Sharia glue in its rulings things paid damage the beginning, Kparwaah retribution to raise the damage for parents murdered, and the legitimacy of the border to raise the damage from society, and the legitimacy of pre-emption to raise harm Partner old partner of the incident, and the prohibition of usury to raise the damage which is located to the needy, and to ensure destructive to raise ([108]).

Branches jurisprudential:

– Raise the damage caused by the ambiguity in sales. See Abu Mohammed option for buyers in sales Terminator, and which Bmstraeha harm, such as: Sale today for Paddy, and receive Alogelab, and sale of camel milk in the descendants of and udder sheep, and likes it, he said: “Our companions went to the sale and constant seller insubordinate. And I like to have the option of the buyer before the sale willing willing veto”([109]). Said: “I like to be all goes deceived him money this way;, because the Prophet PBUH forbade ambiguity and said: «Deception Muslim taboo».

The story goes that a man said to Nbe PBUH: O Messenger of Allah, I am a man bubble in the sale, said the Prophet e: «If pledged allegiance to tell views…»”([110]).

– Sales response because of the defect is located where the damage, human When buying a commodity and it is a flaw knows the seller was not shown in the buyer, and the buyer is located the damage it; sales is. Said Abu Mohammed: “The man bought a slave invaluable known, and was used and exploited and then found fault response of the defect which was, if mute him he did not know the buyer”([111]).

– Reply Sales injustice on the price lifting of the damage, if the sale was and it turned out for unfairness and that was obscene injustice; this damage will not be lifted if so requested by aggrieved([112]).

– Imam al-priced goods in case of necessity, said Abu Mohammed: “And not for the imam to pricing on the people their money, but if you hit people if necessary, the need for food, and fined the food is in their hands with a bad case of the people and events; Jazz imam to take the owners of the food sold is in their hands the price that is fair of its value, and forcing them to it”([113]).

And falls under this rule to the other, is: “Damage is still damage”, Understands this rule by saying e in the previous talk: «Nor reciprocating harm» In the examples presented notes that the response of the defect must be a defect exists is an accident, the seller knows it, as decided by Abu Mohammed, should not be in the buyer's world it; just because science Buyer him before selling or knowledge of after-sales and silent .

As well as take into account the injustice to be out for the usual limit of Gain among the people, says Abu Mohammed: “If Tfahac the injustice and the amount of output what Itagbn people in it”, And the like that take into account the need for pricing most severe; until the damage is still damage like him.

This last example fall under another rule is: “Bear damage your public to pay for the damage”.

Chapter III: Jurisprudential rules and regulations

Base: Affordable not fall Palmasor the

This rule means that God if a person assigned pursuant to the inability of some of it was to do with some rest the, Also, if commissioned in worship two things and one of them was able to be done, What does not realize the whole whole does not leave.

And indicates that this rule says: ) Fear Allah as much as you can and listen and obey (([114])، ويقول تعالى: ﴿لا يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ وُسْعَهَا﴾([115])In talking about the Prophet e: «If I command you to do something and they brought him as much as you can»([116]).

The brand across Abu Muhammad al-Qaeda by saying: “Of an order by two inability doing things one; did not drop him doing what extent”, Have protested talking Advanced. ([117])

Branches jurisprudential:

– Said Abu Mohammed: “If خوطب rights by prayer and was attended by then and did not find water and is not level; the blessings, And not his inability to having purified by her imposed waived”([118]).

– Said: “If it was up to date and impurity in his body and has of Mala enough water to wash its members sheriff wash them if he wanted prayer; was enjoined the use of water has enough of its members, and tayammum what remained. And protested against this by saying: “That Allah mentioned enjoined washing each member individually, He did not say: If عجزتم for washing some your members please Tstamiloa to the water, Obligatory to use as much on its use, Proof Prophet e: «If نهيتكم for something, abstain, and if I command you to do something and they brought him as much as you can, and other evidence: That he may not reverse to a soil water and I find the words of God: ﴿فَلَمْ تَجِدُوا مَاءً فَتَيَمَّمُوا﴾([119])([120]).

– Said: “If the cut by a worshiper of the facility;, he must wash the cutting position; to that apparent position of ablution”([121]). He said in another place: “It was cut off a hand or refrained excuse; hypothesis it was in the remainder, And fell to impose what not if he refuses to excuse, He does not have to do tayammum with that”([122]).

– Said: “Of surgery was not Triqo or cut off from the blood; that the imposition of the jacket on these though filled with blood and impurity, God did not fall impose a jacket to impurity if they do not find the other way”([123]).

– Said”It رعف did يرقأ blood never ceased; it pray sitting down and Atouky of a clothes that infect the blood and his prayers were sitting in the sand, or ash, and where it does not apply blood Faihfr between his hands Bh [Hole] Dripping blood as he could pray purity of the water, but the subject of the event if he can not filled. And it is permissible for him to combine the prayers compared to istihaadah the”([124]).

– Said: “Patient and pray according to his ability, And Arian pray standing interpretation of the meaning:﴿وَقُومُوا لِلَّهِ قَانِتِينَ﴾([125]); Because the imposition of the prayer on as much to do according to the consensus of the nation, Valvred if the face shall not fall but helpless him. Our companions said:I pray sitting”([126]).

– “For a person to pray to the Qiblah is feared to go to”([127]).


– “He has to free a slave, but did not find a half; fell from him and it was fast, It reasoned that emancipation is an integral Unlike members of ablution If cut some of the hypothesis remains in the rest of them”([128]).

– “If you were in some of the day he does not have to fast that day of Ramadan must not eliminate, though he said the elimination of many of our companions ..; because today's fast some may not”([129]).

Base: Of something rushed prematurely punished by depriving.

The meaning of Rule:

If resorted charge to do anything of the things that connect the street by a provision, Fastjl to obtain that provision before attending the time of that provision, or by check conditions it treats legitimate بنقيض unintended; so deprived than in being awarded the coveted.

Abu Mohammed says: “Do not you see that the murderer the Ptaadih campus inheritance of who inherit; to greed accelerate what was worth without sin, Was the sin of the death deprived him of what he deserved, for his ride forbade the Almighty God”([130]).

Among the evidence of this rule says: ) O ye who believe, do not yourselves forward before Allah and His Messenger, and fear Allah, Allah is Hearing, Knowing (([131]), The Imam Al-Bukhari said the reason for the revelation of this verse it is revealed in slaughtered Odhathm the folk before praying Allah e, ​​فأمرهم of to repeat the slaughter as they rushed slaughter before his time specified religiously; was to Goa ([132]).

He quoted Abu Mohammed, including the transfer of Umar ibn al-Khattab, may Allah be pleased with him in a man speeches iddah her husband died and he married her; sentenced to differentiate between them, Said: “It might make it a punishment for them, lest violates people like this ride is forbidden act of God” ([133]).

Branches jurisprudential:

– Said: “May not be preaching to the deadly herself in the kit it did so was disobedient to God forbade him to saying Almighty: ﴿وَلَكِنْ لا تُوَاعِدُوهُنَّ سِرّاً﴾([134]), The consensus on فتزوجها which in the kit; or after gunning for dating that was between them; is not permissible for them Accommodation نكاحهما, and the difference between them, and never denied it in the words of our companions, and did not know whom the difference”([135]).

– Said: “It divorced his wife shot or two shots and then intercourse with her before the audited Balachhad Balbana they deny it in the words of our companions, did not know whom the difference, which is narrated from Ibn Abbas, may Allah be pleased with him”([136]).

– If you kill one of his relatives who Arthhm it is deprived of inheritance, And inheritance was worth if it did not resort to murder, فحصول murder him pressing inheritance prematurely([137]).

– If the weight of a man with a woman;, it is not permissible for him to marry her after that; because he rushed on and intercourse with her without a legitimate contract permitted by him, Punishable forbidden it.([138])

Base: Suspicion falls reduction.

The meaning of Rule:

Border penalty imposed Islamic law on some major irregularities that fall from the law in the Muslim community, which is governed by the Sharia system; in order to root out corruption, And the protection of society from immorality and injustice. But these sanctions soon fall with a compromised protection of the human right; the pardon and forgiveness is the origin and principle in Islam.

He quoted Abu Mohammed to this rule by saying e: «Aderoa suspicions limits what you can», And across from the norm by saying: “Limit when it objected suspicion fell”([139]).

Not all suspicion falls reduction. Abu Mohammed says in the issue of and طىء nation and his son Tsraha: “The suspicion that stave off the reduction is located Ballowati in prohibited not Fauagah knows through ignorance, Either one of the oldest on the prohibited knowing blocked there is suspicion of a ([140]).

Branches jurisprudential:

Said: “In the nation to be between the two men Fatanha all comes Bold, أنَّه يلحقSaid نسبُ الولد ويكون ولدَهما؛ لأنَّ الولد يلحق من النكاح الفاسد كما يلحق من النكاح الصحيح, والحدُّ يسقط عنهما بشبهة الملك التي حصلت لهما في الأمَة, Said: وإلى هذا ذهب أصحابنا وأبو حنيفة”([141]).

Said “If a man says to a man my fanny was not قاذفا him; that in addition to the Lot, peace be upon him, It is praise like me, Should not reduce it; because the ratio to be endured proportions to act, and to be endured to the proportions Lot, peace be upon him, If intercepted compromised; fell then limit, To this our companions went”([142]).

Said: “It is found from the smell of the wine he does not limit; because it can be distasteful and could have put it in, and then left, Positive and by the reduction of our companions in need of evidence with the possibility of compromised”([143]).

Base: If met Fradan; the imposition of each and every one of them is the other.

The meaning of Rule:

It is if a person went to the performance of an obligation of the statutes, and against him is another imposing performance is first hypothesis; the slave would be addressing the performance of the two do not sing impose impose performance, Not discharged him, Not be out of the duty that only commanded by each command condition.

Decides Abu Mohammed, this rule Nasa same wording: “If Fradan met the imposition of each and every one of them is the other”([144]). As will be noted from the branches jurisprudence, he disagrees with in mostly his companions to this origin, who walked it.

Branches jurisprudential:

– Said: “Our companions differed in women Tjama then menstruate before washing them said: If a woman washed one ghusl for all, This is the view of most, Some said: It غسلان, It is our choosing; because God Almighty has enjoined on the pleura purification saying Gel mentioned: ), Although you side Vatehroa (([145]). This is the word containing the male and female they should wash of impurity by order of God Almighty to do so, The Prophet ordered her e when إدبار the period has to wash; saying e: «If أدبرت the menses Vagtzla and pray, they should wash the Year and gasoline book” ([146]).

– Said: “Our companions differed in the side of F washed them said: Adzeh janaabah and be purified, Some said: Not يجزيه it for purity of prayer impurity, That is to say I have, and consider regard it as obligatory, and supported by year”([147]).

– Said: “And to be on the side that purify himself for prayer before washing and then washed; because it مخاطب when he praying all Bthartin if side was the apparent meaning of the verse, and God knows, have some of our companions said to him one Thartin: Members laundering if the up-to-date is janaabah, And wash the rest of the body if the side”([148]).

– Said: “Our companions disagreed at the border if I met a man who was different, some of them said: Starts Balokhv then most, so come Imam them all. Said Mohammed bin cuddly: Starts to kill it comes to everyone, The matter requires've got to be held to those earned from hadd them, starts to the first and then the second and God knows”([149]).


– “The Todo Needless or to read the Koran or a funeral or prostration to read the Koran is acceptable to pray by the statutes; because imposition raise event”([150]).

– Said: “If the woman died has been cleared of menstruation or from the side; still valid one-laundering; Because wash Dead impose on neighborhoods, wash menstruating women and pleura is a worshiper in the event of his life do not move to the other”([151]).

Base: When ensure recognition judgment on others did not accept.

The meaning of Rule:

Recognition is one of the strongest methods of proof, when recognizes civil rights, the owner of something; taken adoption by flies which approved the money for non-, ويقام عليه الحدُّ بموجب إقراره, حتى إنه يخرج من الملَّة إذا أقرَّ بالشرك, فالإقرارُ طريقٌ من الطرق التي يثبت بها الحكم عليه بما أقرَّ به. If approved the adoption includes a provision to third parties is such certificate is not only, Not judged once passed some judgments on others, Though in adoption what he does in private himself and what it takes others to take him what he does himself did not accept the necessary non-.

The text of Abu Muhammad al-mark in more than one place at the base of this expression that: “الإقرار متى تضمن حُكما على الغير؛ لم يُقبل”([152]). Says: “واتَّفق أصحابنا فيما تناهى إلينا عنهم أنَّ إقرارَ العبيد فيما يخصّهم في أنفسهم, أو في مال في أيديهم, أو فيما يوجِب حكما على ساداتهم؛ غيرُ مقبولٍ منهم”([153]).

Branches jurisprudential:

Said: “If approved, the slave of adultery not accept as saying; because judgment on others: “And that it belongs to his master, Vaqrarh does not affect the king of Mr.”([154]) Said: “In the adoption of a slave on the same damage master's wealth, Valaaqrar theft and other unacceptable him, The proven when Imam stolen Bashahidi amended; shall cut to the saying mentioned gel: ), A thief and Sharjah Vaqtawa hands (”([155])([156]).

“If there outcast boy endorsing him man proportions him that he was born to him and at Castaway money and asked the man to take the money; did not have to pay him”([157]).

Said: “If approved and legacy بوارث him, The approval proves it respective of his inheritance, Is not accepted as proof descent, and approved our companions on this article Abu Hanifa and Malik Volzmoh what he have in himself, and brought down the approval of what will be the judgment on others”([158]).

Said: “If one of the heirs acknowledged a debt for the dead takes its share, Some of our companions said: It respective of the inheritance which acknowledged the Dead. Some said: It is acknowledged by the output of the Dead in its share of the debt if the debt Astafrg his share of the inheritance I have to say it; because he pleaded no inheritance after his religion and God knows”([159]).

Said: “The approved Bold nation for her master did not accept them; because the right proportions of born, Vaaqrarha the removes is no evidence born of his right”([160]).

Said: “If a man sold the nation Neither acknowledges بوطئها nor knows him, and when he placed at the buyer claimed that the conception of it; did not accept the approval, Even before the referee shall refund the current boy, والإقرارُ متى تضمَّن حُكْماً على الغير لم يُقبل”([161]).

Base: الأبدال يرتفع حكمها بوجودِ المبدَل منها.

The meaning of Rule:

The Islamic law has decided to use some of the provisions in the allowance to be appointed to do when you are not able to do switch it, or when it is not its existence, If managed in charge of doing the switch it is not entitled to take allowance, as well as if it was non-existent then switch found. وقد يُباح اللجوءُ إلى البدل تخفيفاً للمشقَّة، أو بسببِ الخوف، فإذا زالت الأسباب المبيحة لاستعمال البدلِ وجبَ الرجوع إلى الأصلِ.

وقد قرَّر أبو محمَّد هذه القاعدة وصاغها بقوله: “جميعُ الأبدالِ كلّها المتّفق عليها يرتفع حكمها بوجود المبدَل منها”([162]).

Branches jurisprudential:

– Said: “المعتدَّة الآيسةُ من الحيض بالأيام ثمَّ ترى الحيض؛ فإنها تَرجع بعد أن دخلت في البدل إلى الحيض فتعتدُّ به”([163]). وكذلك حُكْم الصغيرة المعتدَّة بالأيام ترجعُ إلى الحيض إذا رأت الدم في أثناء عدَّتها.

– Said: “You should have Almkfr fasting if any neck before being hypothesis, which entered the of Atonement fasting, which is instead of the neck; due to the neck”([164]).

– Said: “وكذلك المتيمِّم إذاَ وجدَ الماءَ قبل أن يتمَّ الفرض الذي دخل فيه أن يرجعَ إلى الماء”([165]).

وعلى قاعدته هذه يرى أنَّ من صلَّى بالتيمّم ناسياً للماءِ في رحله, أو كفّر بالصيام وهو ناسٍ أنّه يملك الرقبة, وقد فرغ من العمل أنَّ الإعادة تلزمه؛ لأنَّه جاءَ بالبدَل مع وجودِ المبدل منه.([166])


– See passport fuck the nation, even the security of hardship and was able to free marriage, And carries the words of God: ) And you could not taller (([167]) On discipline rather than positive, Have protested on the mark Moussa Ben Ali, who believes that the nation instead of the free and prolonged debate.([168])

– المسافرُ إذا صلَّى بالتيمُّم وهو ناسٍ للماءِ في رحله وقد فرغَ من الصلاة؛ أنَّه لا بدلَ عليه بسبب عدمِ القدرة على استعمالِ الماء بالنسيان، ولوجودِ عذرٍ آخرَ وهو السفر المبيح للتيمُّم ([169]).

Base: Money Accepts Altbaad with the choice of some of the whole choice.

The meaning of Rule:

The thing if it does not accept retail provisions, فأمَّا أن يستعمل كلّه أو يتركه كلّه، فلو اختار المكلَّف البعضَ منه ثبتَ الحكم عليه كلّه كان هذا الاختيار استعمالاً أو إسقاطاً, فإنَّ بعضَ الفقهاء يجعلُ القاعدةَ ذات شقّين فيقولون: مالا يقبل التبعيضَ فاختيارُ بعضِه كاختيار كلِّه، وإسقاطُ بعضه كإسقاط كلِّه.

وعبَّر أبو محمد عن القاعدة في معرض احتجاجه على مسائل الطلاق قائلا: “من قبيل أنَّ الطلاق لا يتبعَّض فذكر البعض مع الإضافة إلى عدد يوجب ذلك العدد الصحيح”([170]). وقريبٌ من هذا ما ذكره ابن نُجيْم الحنفيِّ في صيغة القاعدة بقوله: “ذكر بعض مالا يتجزَّأ كذكر كلّه”([171]).

Branches jurisprudential:

– Said: “وإن قال: You are divorced Ttliqh halves; they fired one, but he said you are divorced Ttliqtin halves; they fired two”([172]).

– Said: “And several of the nation half free kit only pregnant, It is on an equal footing with the duration, فطلاقُها اثنتان وعدَّتها بالحيض حيضتان؛ لعدم معرفة النصف من ذلك”([173]).

– Said: “واتَّفق أصحابُنا في أنَّ الرجل يعتق شِقْصاً له في عبد أنَّ العِتق يسري فيه، والحريةُ بذلك قد حصلت للمعتَق”([174]).

Base: العقود موقوفةٌ على إجازة من يملكها إذا وقعت بغير أمر مالكها.

The meaning of Rule:

Originally fall contracts from its owner in contracts and transactions and decades of marriage, so the offer from the owner of the order, or his agent, and based his place delegating legitimate, yet it has located such contracts from foreign or curious that no king has no mandate, not be invalid but is suspended on .

He quoted Abu Muhammad that the Prophet صلعم pay to Hakeem ibn belt or buttonhole Albargi dinars and ordered him to buy him by sacrifice, he bought him a sheep فباعها Bdinarin, then bought a sheep, a denarius, and came to the Prophet e sheep and JD; he called his blessing, and ordered him to give charity Dinars, Del satisfaction, peace be upon him wise to sell the first sheep, Have been sold without his command did not find the Prophet e he denied selling the sheep that was bought by him, even if it was not unfair; said to him,: Dinarin response to the first sheep buyer and retrieved him; because this rotten for sale, Fetbot this news and Astfadth the people of Transportation shows what we said([175]).

Branches jurisprudential:

– Said: “عقدُ زواجِ الصبية في حال لا رأيَ لها أنها إذا ملكت أمرها وصارَ لها رأي؛ أنَّ الخياَر لها”([176]).

– Said: “إنَّ الأمة إذا زوَّجها سيِّدها وهي لا تملك أمرها ثمُ أُعتقت فملَكتْ أمرها؛ أنَّ لها الخيار إذا أُعتقت, والنكاحُ موقوفٌ على رضاها بعد العتق إلى أن تختار الإقامةَ أو الفسخ”([177]).

– Said: “الرجل يأكل من مال غيره بغير أمره ثمَّ يبيحه له المالك فيبرأُ بإجازته”([178]).

– Said: “لو باع مالاً لغيره بغيرِ أمرِ مالكه فأجاز المالك؛ جاز بيعه. Said: فهذا يدلُّ على أنَّ البيع كان واقعاً, وهو موقوفٌ على إجازة المالك”([179]).

– Said: “المرأةُ إذا عُقد عليها بغير أمرها صغيرةً كانت أو كبيرةً؛ كان موقوفا على إجازتها، فإن أجازت جازَ، وإن أنكرت انْفسَخَ”([180]).

Base: If you met Halal and Haram defeated Sacred.

The meaning of Rule:

إذا كان هناك أمرٌ حلالٌ وخالطَه ما يقتضي الحِرمة؛ فإنَّ الابتعاد عن الحرام مرجَّحٌ، فقد جاء النهيُ من السنة عن الدخول في المشتبه به خشية الوقوع في الحرام, E said: «I'm between and man's land between them things Mstbhatt not known to many people, it occurred in the suspicion has fallen into no man's land». The story goes modern: «What Halal and Haram met only defeated Sacred». لكنَّ أهل العلم بالحديث قالوا: لا أصلَ له([181]).

وقد عبَّر أبو محمد عن هذه القاعدة بقوله: “أنَّ الحرام من الطعام وغيره إذا خلط بحلال استُهلك به, حرامٌ أكله واستعمالُه في غير الأكل”([182]).

Branches jurisprudential:

– Said: “اللبن إذا اختلط بغيره واستهلك فيه فإن كانت أمارته ظاهرة فيما خالطه; فالتحريم به واقع, وحكمه حكم الرضاع إذا تناول الصبي منه في حال الرضاع, هذا على أصول أصحابنا”([183]).

Water mixed with urine going appointed urine where it shall be unclean.

النصرانية واليهودية إذا ماتت وفي بطنها حملٌ من مسلم، دُفنت مع أهل ملَّتها؛ لأنَّ الحمل الذي في بطنها لا تُعلم حقيقته أحيٌّ أو ميتٌ ([184]).

لو حلف رجل بطلاق زوجته ثلاثاً إنْ وطئها, Fotiha and طئا exceeded Botih confluence الختانين they never deny it, and he must have a second dowry, said: But plopped reduction of the compromise evidence; to participate'm haraam ([185]).

If a man had intercourse with his wife in the month of Ramadan at night sprung up waxing it did not take away when he learned Btalua waxing, and farm it did not take away from his time, and remained Maktha albeit a little less; he insubordinate to his Lord in to do, and it is on from treading the day in Ramadan deliberate ([186]).

ومن هذا القبيل إذا اجتمعت الطاعة والمعصية غلبت المعصية, فالمغتصِب للماء لا يحلُّ لـه استعماله للطهارة, فان استعمله كان عاصياً لربه؛ لأن الطهارة عبادةٌ ويستحقُّ على فعلها الثواب, واستعمالُ الماء المغتصَب معصيةٌ, فلا يكون فعلُ الطاعة أولى من ترك المعصية ([187]).


ويستثنى من المسألتين الأوَّليين إذا استهلك اللبن في الماء ولم تكن للبن أمارةٌ فلا يعطى حكمَ التحريم في الرضاع, وكذلك إذا استهلكت النجاسة في الماء ولم يظهرْ لها لونٌ ولا طعمٌ ولا ريحٌ فإنَّه طاهرٌ. هذا هو رأيُ أبي محمَّد.([188])

ضابـط: الهبة لا تثبُت إلا بالقبض ([189]).

People differed in the gift you are parked on the acceptance and arrested or valid without which, the mark protested Abu Mohammed, the first to say that Abu Bakr gave to his daughter Aisha, may Allah be pleased with her نخلا he had in the city, and when he was dying to make it an inheritance, Aisha Vtkelmt in it, فقال لها أبوها: يا بنيَّتي إنَّكِ لم تقبضيه، وإنَّه الآن مالُ الوارث. فلم ينقل أنَّ أحداً عابه بذلك ولا أنكرَ عليه ([190]).

Of its affiliates:

– لا تجوز هبة الدين؛ لأن ما في الذمة معدوم غير موجود فلا يصح فيه القبض ([191]).

– Our companions differed in the gift of Commons did not Adzha most of the invalidity of her arrest, but was unable catch quota of Commons ([192]).

– اختلفَ أصحابُنا في الهبة يقبضها الموهوب له ثمَّ يردُّها بعد ذلك إلى من كان وهبها لـه، فقال أكثرهم: ليسَ على الأوَّل قبضٌ فيها؛ لأنَّ الأصلَ من عنده، وقال بعضهم منهم سعيد بن محرز: لا يصحُّ له إلا بالقبض، وهذا القول أشيقُ إلى النفس والحجَّة توجبه؛ لأنَّ الملك قد انتقل إلى الحال الثانية كما انتقل في الحال الأول ([193]).

Officer: التيمُّم لا يصحُّ إلا لصلاة واحدة:

Said: It is not permissible to pray worshiper Slatyn Arbtin Btimm one except in the case of reunion, they are in power in prayer Kslah and one. But greenlit multiple volunteer prayer Btimm one; because tayammum may not Arbtin only after the entry of their time, and tayammum permissible to volunteer all the time if worshiper wanted to volunteer, and not for the volunteers given time, and the imposition of a given time. Another face is what it met the opening takbeer may not Chapel Arbtan, and may pray to volunteer wills worshiper in his place ([194]).

Officer: If there is water for استنجاء was not him replaced with other ([195]).

أي أنَّ الإنسانَ يمكنُ أن يستنجي بالأحجار وما شابهها مع عدم الماء ويكتفي بذلك، أمَّا إذا وجد الماءَ فلا بدَّ من استعماله والتطهُّر به. ولا مانع من الجمع بينه وبين الحجر. واستدلَّ أبُو محمّد على ذلك بأنَّ العلماءَ اتَّفقوا أنَّ المراد بالاستنجاء التنظيفُ, So some of them went to Alajtza one stone has three faces, and some were Alajtza including Anekaya, were unanimous on all Tsoaibna using water, no doubt that cleaning with water is the origin; for the verse: ﴿وَأَنْزَلْنَا مِنَ السَّمَاءِ مَاءً طَهُوراً﴾([196])([197]).

Officer: النوم الذي ينقض الطهارةَ هو مخصوصٌ بالاضطجاع ([198]).

واستدلَّ أبو محمَّد بالحديث: «إن الوضوء على من نام مضطجعاً»، ومن طريق ابن عباس أنَّ النبي الله e سجد فنام حتى غط فنفخ فقام فصلّى، فقلت: يا رسول الله نمت، فقال: «إنما الوضوء على من نام مضطجعاً» ([199]).

Said: “وذهب أكثر أصحابنا على أنَّ من نام متكئاً وزالت مقعدته عن موضع استواء جلوسه انتقضتْ طهارتُه، وقال بعض منهم: إنَّ طهارته لا تنتقض حتى يضع جنبه نائماً, وهذا القولُ مع قلَّة استعمالهم لـه عندي أنظرُ؛ لأنَّ السنة تشهد لصحته ([200]).

Officer: من أصبح جنباً أصبح مفطرا.

He and the whole of our companions on what overhearing them to us of deliberately delaying washing a side in the month of Ramadan; it becomes the fasting, the report narrated by Abu Hurayrah that the Prophet peace be upon him, he said: «من أصبح جنباً أصبح مفطرا»([201]).

Officer: كلُّ قرض جرّ منفعة لم يجز.

والأصلُ في هذا أنَّ النبي e نهى عن قرض جرَّ منفعة ([202]).

Said: “فمن أقرضَ قرضاً لنفع صارَ إليه, كان عليه ردُّه, He lives in a house that the man has a man-month to lend dinars or dirhams; this is not permissible, And the static rental house owner has Danarh retrieval, as well as if lent dirhams crushed to pay him impressive. He forcefully dirhams Sahaha; he was on the borrower's response is taken or like him with repentance”([203]).

Officer: Tahir water if it were not something of the Emirate of impurity ([204]).

Muslims in this officer did not differ if the water is too much, but if a little water and signed the impurity and the reality of the dispute between scientists, Abu Mohammed, who goes by the officer that this applies in a little water and many, quoted, saying the Almighty: ﴿وَأَنْزَلْنَا مِنَ السَّمَاءِ مَاءً طَهُوراً﴾([205]).

وفي مسألة مخالَطة الماءِ لقليل من البول قال: Has stated in the Quran that the water purification, this apparently requires that the urine may be the predominance of purified water on it, with a high impurity Flags color, taste, and the wind, the Almighty God the same heart; because Almighty Paula makes water and urine water. Said: Muslims unanimously that the water has judged his purity, and dissolved impurity What has not changed his color or taste or wind, but differed in the border endings. The border to God and no one of the nation to put an end requires placing it in the law, but ruled that it would develop a spokesman book, or a year-borne honest sincere, or agreed that the nation's scientists. واستدلَّ بقول النبي e: «الماءُ لا ينجِّسه شيءٌ إلا ما غيَّر لونه أو طعمه أو ريحه»، وليس للعقول مجالٌ عند ورود الشرع([206]).

[1]) Zahran Masoudi: ابن بركة، 39-42.

[2]) Salmi: Masterpiece Senators, 1/190.

[3]) Masoudi: ابن بركة، ص47، البطاشي، إتحاف الأعيان، 2/432.

[4]) Whole: لابن بركة، 2/335-336.

[5]) Salmi: Masterpiece Senators, 1-145.

[6]) Whole, 1/14.

[7]) Whole, 1/258.

[8]) Suyooti: الأشباه والنظائر، ص31.

[9]) مقدمة الأشباه والنظائر، محمد المعتصم بالله، 21، وانظر: أبو عبد الرحمن الجزائري: القواعد الفقهية المستخرجة من كتاب “Flags signatories”، ص179.

[10]) التعارف، ص4.

[11]) Whole, 2/231.

[12]) Whole, 2/262.

[13]) Whole, 2/507.

[14]) التعارف، ص7.

[15]) Whole, 1/452.

[16]) Whole, 2/231.

[17]) Whole, 2/89.

[18]) Whole, 1/418.

[19]) Whole, 2/571.

[20]) Whole, 2/499.

[21]) Whole, 2/532.

[22]) Whole, 1/157. See: مسألة الأخ والجد، 2/595.

[23]) Suyooti: Likes and isotopes, 119.

[24]) Narrated by spring, what should it ablution, 106.

[25]) Whole, 1/257.

[26]) Whole, 1/322.

[27]) Whole, 1/223.

[28]) Acquaintance, 3, 33.

[29]) Whole, 2/215-216, see: 2/231.

[30]) Ibn Najim, likes and isotopes, 56, Suyooti: Likes and isotopes, 118; Algerian: Jurisprudence, p 179.

[31]) Whole, 1/321.

[32]) Whole, 1/326.

[33]) Whole, 1/326.

[34]) Whole, 2/218.

[35]) Whole, 2/218.

[36]) Whole, 2/223-224.

[37]) Whole, 2/219.

[38]) Whole, 2/231.

[39]) Whole, 1/374.

[40]) Whole, 1/356.

[41]) Cow, verse 240.

[42]) Women, Aya 12.

[43]) Whole, 1/363.

[44]) Whole, 1/257-258.

[45]) Whole, 2/21.

[46]) Table, Aya 89.

[47]) Acquaintance, 13; mosque, 2/98.

[48]) Acquaintance, 9.

[49]) Allah forbids you, Aya 10.

[50]) Acquaintance, 14.

[51]) Acquaintance, 16.

[52]) Acquaintance, PO Box 39, 19.

[53]) Acquaintance, 7.

[54]) Whole, 2/89.

[55]) Whole, 2/89.

[56]) Acquaintance, p 38.

[57]) Acquaintance, p 38.

[58]) Acquaintance, 13.

[59]) Whole, 2/242-243.

[60]) Whole, 2/169.

[61]) Whole, 2/250-350.

[62]) Whole, 2/350.

[63]) Whole, 2/292.

[64]) Acquaintance, p 34

[65]) Acquaintance, p 36.

[66]) Acquaintance, p 39.

[67]) Acquaintance, p.46.

[68]) Hajj, verse 78.

[69]) Cow, verse 286.

[70]) Cow, verse 185.

[71]) Acquaintance, p 37.

[72]) Women, Aya 28.

[73]) Acquaintance, p.40.

[74]) Whole, 2/237.

[75]) Favor Alsdlan, major jurisprudential rules, p 237.

([76]) Alsdlan, jurisprudence, 237.

([77]) Whole, 2/237.

[78]) Whole, 2/418.

[79]) Whole, 2/418.

[80]) Whole, 2/401.

[81]) Whole, 1/410.

[82]) Whole, 2/543.

[83]) Whole, 2/77.

[84]) Whole, 2/84.

[85]) Evidence, Aya 5.

[86]) Whole, 1/251, 264.

[87]) Rights, verse 8-9.

[88]) Women, Aya 38.

[89]) Whole, 1/265.

[90]) Narrated in the spring intention 1, see: Whole: 1/264.

[91]) Suyooti: Likes and isotopes, 40.

[92]) Whole, 1/256.

[93]) Whole, 1/266.

[94]) Whole, 1/256.

[95]) Whole, 1/164.

[96]) Whole, 1/255.

[97]) Whole, 1/266.

[98]) Whole, 1/255.

[99]) Whole, 1/167.

[100]) Whole, 2/192.

[101]) Whole, 2/179.

[102]) Whole, 1/356.

[103]) Whole, 1/355.

[104]) Bukhari, Daaraqutni and Ibn Majah.

[105]) Cow, verse 231.

[106]) Divorce, Aya 6.

[107]) Cow, verse 282.

[108]) Algerian Abu Abdul Rahman, the jurisprudential rules extracted from the book of the flags of the signatories, p 503.

[109]) Whole, 2/324.

[110]) Whole, 2/323.

[111]) Whole, 2/324.

[112]) Whole, 2/250.

[113]) Whole, 2/604.

[114]) Gain, Aya 16.

[115]) Cow, verse 286.

[116]) Narrated by Ibn Hibbaan and Ibn Majah.

[117]) Whole, 1/347.

[118]) Whole, 1/346.

[119]) Women, Aya 43.

[120]) Whole, 1/ 281 ـ 282.

[121]) Whole, 1/349.

[122]) Whole, 1/263.

[123]) Whole, 1/480 , Dating 41.

[124]) Whole, 1/417.

[125]) Cow, verse 238.

[126]) Whole, 1/503.

[127]) Whole, 1/578.

[128]) Whole, 1/351.

[129]) Whole, 1/354.

[130]) Whole, 2/139-140.

[131]) Closets, verse 1.

[132]) Look: عبد العزيز عزام: القواعد الفقهية، ص316.

[133]) Whole, 2/139.

[134]) Cow, verse 235.

[135]) Whole, 2/139.

[136]) Whole, 2/181.

[137]) Whole, 2/139.

[138]) Whole, 2/133.

[139]) Whole, 2/531.

[140]) Whole, 2/362-364.

[141]) Whole, 2/165.

[142]) Whole, 2/ 476.

[143]) Whole, 2/550.

[144]) Whole, 1/374.

[145]) Table, Aya 6.

[146]) Whole, 1/331 و375.

[147]) Whole, 1/318.

[148]) Whole, 1/312.

[149]) Whole, 2/529.

[150]) Whole, 2/318.

[151]) Whole, 2/363.

[152]) Whole, 2/374-276.

[153]) Whole, 276.

[154]) Whole, 2/527.

[155]) Table, Aya 38.

[156]) Whole, 2/276.

[157]) Whole, 2/447.

[158]) Whole, 2/602.

[159]) Whole, 2/603.

[160]) Whole, 2/373.

[161]) Whole, 2/374.

[162]) Whole, 2/115.

[163]) Whole, 2/115.

[164]) Whole, 2/115.

[165]) Whole, 2/115.

[166]) Whole, 1/346-350.

[167]) Women, Aya 25.

[168]) Whole, 2/112.

[169]) Whole, 1/350.

[170]) Whole, 2/170.

[171]) Look: عبد العزيز عزام: القواعد الفقهية، ص377.

[172]) Whole, 2/170.

[173]) Whole, 2/154.

[174]) Whole, 2/241.

[175]) Whole, 2/125.

[176]) Whole, 2/124.

[177]) Whole, 2/124.

[178]) Whole, 2/125.

[179]) Whole, 2/ 125.

[180]) Whole, 2/125.

[181]) عبد العزيز عزام: القواعد الفقهية، ص240.

[182]) Whole, 2/ 454 –455.

[183])- Whole, 2/ 454.

[184]) Whole, 1/ 427.

[185]) Whole, 2 / 183.

[186]) Whole, 2 / 184.

[187]) Whole, 1 / 276.

[188]) Look: Whole, 1/292- 294.

[189]) Whole, 2/417.

[190]) Whole, 2 /415.

[191]) Whole, 2/418.

[192]) Whole, 2/ 419.

[193]) Whole, 2/ 418.

[194]) Whole, 1/ 334.

[195]) Whole, 1/ 284.

[196]) الفرقان، آية 48.

[197]) Whole, 1/ 285.

[198]) Whole, 1/ 286.

[199]) Whole, 1/ 286.

[200]) Whole, 1/ 326.

[201]) Whole, 1/ 314.

[202]) Whole, 2/ 413.

[203]) Whole, 2/ 413.

[204]) Whole, 1/ 292.

[205]) الفرقان، آية 48.

[206]) Whole, 1/ 292- 294.

* Jurisprudential evolution science symposium in Amman during the fourth century AH “Legal rules model”.

The Ministry of Awqaf and Religious Affairs _ Oman


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