អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(If the sender or archer catches him alive, he slaughters him), what is meant is that he caught him alive, and it contains more life than what is in the slaughtered animal, it is obligatory to slaughter it, even if he neglects to slaughter it, it becomes forbidden, and he said in ((the text)): If he left it intentionally, what is meant by it is: he left it slaughtered while being able to do it, but if (1) he was not able to slaughter it, then in ((the text)) an indication of his dissolution as narrated on the authority of Abu Hanifa - may God be pleased with him. Likewise, on the authority of Abu Yusuf - may God be pleased with him - and it is the saying of Al-Shafi’i (2) - may God be pleased with him -, and according to the apparent meaning of the narration [(3)]: It is forbidden, and if its life is like the life of one slaughtered, then it is not taken into account, and it is not obligatory to slaughter it. As for the deteriorating animal and its sisters, and in the sheep that has fallen ill[(4)], the fatwa is that life, even if it is short, is taken into account, even if it is slaughtered and there is little life in it, it is permissible according to the Almighty’s saying: {Except what You are smart}(5).

(If he abandoned it[(1)]): meaning the slaughter, (intentionally and he died or sent (2) his dog’s handlers[(3)], then a Muslim rebuked him and he was rebuked): that is, he tempted him to shout[(4)] and it became more severe (5), (or he killed him, Ma’rad by his display[(6)]). Ma’rad is an arrow that has no feathers, it is called Ma’rad; Because it hits something by its width, so if there is a sharp in his head and he hits it with its sharp (1) then it is permissible, or with a heavy (2) sharpened rifle, but he said this; Because it is possible that he killed him with his weight, even if it was light and sharp, it is permissible to make it clear that (3) death by wound, (or he threw a game and it fell into water), it is possible that the water killed him, so it is forbidden, (or on a roof or mountain, and from it he fell (4) to the ground, it is forbidden [(5)]); Because it is possible to beware of something like this, and if it falls on the ground to begin with, then beingware[(6)] of something like this is not possible, so it is permissible.

(Or a Muslim [(1)] sent his dog and a Magian rebuked him, so he was rebuked, or no one [(2)](3) sent him, so a Muslim rebuked him, and he was rebuked). Know that if the sending and the rebuke come together - i.e. the market - then consideration is given to the sending. If the sending is from the Magians and the rebuke is from the Muslim, it is forbidden. If the opposite is the case, then it is permissible. And if there is no sending and rebuke is found, the rebuke is considered. If it is from a Muslim, it is permissible, and if it is from the Magians, it is forbidden. (Or he takes food other than what he was sent for [(1)]), this is according to us, because it is not possible to teach such that he takes what he specified, and according to Malik (2) - may God be pleased with him - it is not eaten, and if he sends him and kills a game animal and then kills another game animal for food, as if he shot an arrow at a game animal and it hit it and hit another, and likewise if he was sent to kill many game animals, and gave the name one time, unlike slaughtering two sheep (3) with one name.

(Like a hunted animal and a limb [of which] (1) was eaten, not (2) the limb[(3)] - this is according to us, and according to Al-Shafi’i (4) - may God be pleased with him - they were all eaten together[(5)], and for us (6) his saying - may God’s prayers and peace be upon him -[(7)]: ((Whatever is clearer than the living one is dead))(8), (and if he cuts it[(9)] in thirds and most of it with his incapacity): that is, cutting it into two pieces, so that the third is at the tip of the head, And two-thirds are at the tip of the sacrum, (or half or more of his head was cut off, or he was cut in half and all of it was eaten); Because in these cases it is not possible for his life to exceed the life of the slaughtered one, so his saying - may God’s prayers and peace be upon him - did not address it: ((Whatever is clearer than the living is dead)), other than if two-thirds were at the tip of the head and a third at the tip of the sacrum for the possibility of life in two-thirds above the life of the slaughtered person, and unlike if less than half of the head was cut off for the possibility of life (1) [in two-thirds] (2) above the life of the slaughtered one.

(If he throws game and another shoots it and kills it, then it belongs to the first(3) and it is forbidden(4)[(5)], and the second[(1)] guarantees [to him](2) its value in pieces if the first was thicker, otherwise it is for the second and it is forbidden): That is, he threw game and another shot it and killed it, and if the first took it out of the scope of prohibition then it is the property of the first, and it is forbidden; Because his sacrifice is a voluntary slaughter, then it is forbidden where he killed him by throwing a stone, and if it was the property of the first and was made unlawful by the second’s throwing, then the second guarantees its value if he was injured by the first’s throwing, and if the first did not remove it from the scope of abstention, then it is the property of the second. Because he has hunted it, and it is lawful; Because his intelligence is necessary.

(The flesh of which is edible [(1)] is hunted, and the flesh of which is not edible is hunted. If the flesh is not edible, then its flesh and skin are purified by hunting.

Mortgage book [(2) ] (It is withholding a thing by a right that can be taken from it, like a debt). The debt can be taken[(1)] from the mortgaged property by selling the mortgaged property, unlike the property, for the copy is required for it and it is not possible to obtain[(2)] its copy from something else.

(It is concluded with an offer and acceptance [(3)] is not necessary): that is, it is concluded when it is not binding, (the mortgager has the right to deliver it and withdraw from it)(1): that is, to deliver the mortgage in the sense of the mortgaged [(2)], and to withdraw from the mortgage in the sense of the contract, (and if it is delivered, then he receives (3) seized [(4)][(5)]): that is, an unshared portion, (emptied): that is, not occupied by the right of the mortgager, so that it is not permissible to mortgage the land without palm trees, trees without fruit, and it is occupied. The enjoyment of the mortgagor without the enjoyment, (distinct (6) is necessary [(7) ]): That is, if it is connected to the right of the mortgager in creation, like the fruit on the tree, it must be distinguished and separated from it. The emptied item relates to the place, so it must be separated from what has settled (1) in it [such as the fruit] (2), and it is not mortgaged whether its connection to it is by creation or neighbourhood. (3), and what is distinct relates to the situation in the place, so it must be separated from an unencumbered place if its connection to it is by creation, even if its connection by neighbourhood is not It is harmful, such as mortgaging the property in the mortgager’s house. (The release is a contract in it, as in a sale). The release is when the mortgager places it in a place where the mortgagee can take it. This is in the apparent meaning of the narration, and on the authority of Abu Yusuf - may God be pleased with him - it is not established in the movable property except by transfer; Because it is a seizure that requires security in the same way as usurpation, and according to Malik (4) - may God be pleased with him - it is obligatory without the arrest.

(Including [(1)] less than its value and the debt), know (2) that this is a problematic construction [(3)] whose problem people have overlooked, which is that it is imagined that the word: from; It is used with the superlative do, but not; Because if what is meant is that it is guaranteed by less than each one, this is not what is intended, but if what is meant is that it is guaranteed by less than the total or by less than one of them, if the waw means: or; This is an unknown and useless thing. Rather, what is meant is that it is guaranteed by what is less (4), so if [the] (5) debt is less than the value, then it is guaranteed by the debt, and if the value is less than the debt, then it is guaranteed by the value, so it is: from; To clarify, its estimation: it is guaranteed by what is less than the other, which is the value at times, and the debt at other times, then if the ruling is known as to whether the value is more, which is that it is guaranteed by the debt, and the credit is a trust, then the ruling in the form of equality is understood to be that it is guaranteed by the debt.

(If he dies while they are equal [(1)] his debt is forfeited, even if its value is greater, then the surplus is a trust, and (2) for less (3) his debt is forfeited by its amount, and the mortgagee returns with the credit), so the result is that [the] mortgagee’s (5) hand on the mortgage is a full hand; Because it is a document of the aspect (6) of interpolation; To be connected to him, so it is fulfillment in one sense, and he is approached by destruction. If the debt is less than the value, then he has repaid the debt, and the credit is a trust, and if the value is less, then he will be satisfied with the amount of money, which is the value, so he returns with the credit. This is with us, and according to Malik(7) - may God be pleased with him - it is guaranteed by the value[(8)][(9)], and according to Al-Shafi’i(1) - may God be pleased with him - it is not guaranteed, but rather it is a trust. (And the mortgager may demand his debt from his mortgagor), for the demand for debt is not voided by the mortgage, (and his withholding thereof[(2)]): that is, withholding the mortgage on the debt, (and withholding his mortgage after terminating his contract until he collects his debt[(3)] or clears it), for it is not invalidated except by returning [to the mortgagor](4) by way of annulment; Because it remains guaranteed as long as the receipt and debt remain.

(There is no benefit [(1)] from it by using (2), nor residence, nor wearing it, nor renting, nor lending, and it is transitive if done (3)[(4)], and the mortgage with it is not invalidated): that is, by transitivity.

(And if he requests his debt, he orders the production of his mortgage[(1)], and if he brings it, he delivers all of his debt first[(2)], then mortgages it, and if (3) he requests in a place other than the country of the contract if the mortgage does not have provisions for carrying[(4)], and (5) he surrenders his debt without bringing his mortgage), but the debt is delivered first to determine (6) the right of the mortgagee, as we mentioned (7) in the sale that the price is delivered first for this meaning, and his saying: and if he requests, is connected to what came before, which is his saying: an order to bring mortgage That is, he is ordered to bring the mortgage (8), even if the debt is requested in a country other than the contract country, and this ruling, which is the order to bring the mortgage in a country other than the contract, is only proven if the mortgage does not have the provision for carrying, even if the mortgage has the provision for carrying, he surrenders his debt without bringing the mortgage [(9)].

(A mortgagee whose debt is requested is not required to bring a mortgage placed with a notary, nor is the price of a mortgage sold by the mortgagee on his command until he collects it): That is, because the mortgager ordered the mortgagee to sell his mortgage and he sold it, then if he does not collect the price, he is not required to bring the price if he requests his debt, and if he receives the price, he is required to bring it. (And no mortgagee [(2)] who has a mortgage (3) enables him to sell it until he pays his debt): That is, no mortgagee who has a mortgage is required to enable the mortgager to sell the mortgage. Then this ruling, which is the absence of the aforementioned obligation, is canceled (4) until the debt is paid off.

(Nor does he who pays part of his debt [(1)] hand over part of his mortgage, until he receives the rest): That is, a mortgagee who has paid part of his debt is not obligated to hand over part of his mortgage. Then this ruling, which is the lack of the aforementioned obligation, is canceled (2) until he receives the rest of the debt.

(And he has the right to preserve it by himself and his dependents): such as the wife, the child[(1)] and the servant who is among his dependents[(2)], (and he guaranteed it by preserving it with others[(3)], depositing it and transgressing it, and putting it[(4)] the mortgage ring on his little finger and not by putting it on another finger[(5)]), so putting it on the little finger is for use, and putting it on another finger not out of habit, but rather it is out of preservation.

(And he is responsible for the expenses for preserving it and returning it to his possession, or returning part of it[(1)], such as the fee for the house of its safekeeping and the custodian. As for making the retainer[(2)] and healing the wound, it is divided according to the content and the trust. That is, the mortgagee is responsible for the provisions for its preservation, such as the rent for the safekeeping house and the wages of the custodian, as well as the expenses for returning it to the hands of the mortgagee if it goes out of his possession, such as making the retainer. From the mortgage into the hands of the mortgagee, like healing a wound if its value is the same as the debt. However, if its value is more than it, it is divided (3) by the secured item and the trust. What is guaranteed is on the mortgagee, and what is a trust is on the mortgagor. This is in contrast to the rent of the safe house, the full amount of which is on the mortgagee, even if the value of the mortgaged property is more than the debt. Because the obligation to do so is due to imprisonment, and the right to imprison everyone is established for him. (The mortgager is responsible for the provisions for his maintenance and the maintenance of his benefits, such as the expenses of his mortgage, his clothing, the wages of his shepherd, the rent of the mortgaged child[(4)](5), watering the garden, and doing his affairs.)

Chapter: What is valid as a mortgage [(1)] and mortgaged [and what] (2) is not valid

(It is not valid to mortgage a common property[(3)] and produce fruit on palm trees other than it, or cultivate land [and palm trees on land](1) other than it). Because it is not distinct [(2) ](1), (and also its opposite): that is, it is not valid [(2)] to mortgage palm trees without fruit, and (3) land without crops or palm trees; Because it is not clear[(4)], the arrest is not made, and on the authority of Abu Hanifa - may God be pleased with him - that mortgaging the land without the trees is permissible; Because trees are a name for a plant, so excluding trees in their places is permissible. Because the connection in that case would be a neighboring connection, and if the palm trees were mortgaged for their locations, that is also permissible. Because the connection is then a neighboring connection (5), (and the mortgage [(6)] and the manager, and the offices, and the mother of the child).

Then, when he mentioned what is not permissible to mortgage, he wanted to mention what is not permissible to mortgage, so he said: (Not with trusts): such as a deposit[(1)], borrowed money, speculation money, and a company, (Nor with real estate[(2)]), its form[(3)]: Zaid sold Amr a house and Bakr mortgaged something to the buyer for what he realized in this sale, and likewise if he mortgaged something with what he lent to so-and-so, it is not permissible, even if he guarantees[(1)] this is permissible. (Nor with an item secured by something else), what is meant is that it should not be (2) guaranteed in kind or in value: (such as something sold in the hands of the seller[(3)]): that is, he sold something and did not deliver it, so he mortgaged something with it that is not permissible; Because if the property is destroyed, the seller does not guarantee anything, but he drops the price, which is the seller’s right.

(Nor by guarantee for the soul [(4) ] and by retaliation for the soul and less than that, and by pre-emption): that is, he guaranteed the life of a man and mortgaged something with it in order to deliver it to him, and if he is required to retaliate and mortgages something so that he refrains from retaliation, it is not permissible. Likewise, if the seller or buyer mortgages something with the pre-emptor to hand over the house by pre-emption, it is not permissible for lack of debt in these cases (1) [(2)]. (And with the wages of the wailing woman and the singer (3), and with the slave who committed the crime or the debtor), it is not guaranteed by the master [(4)], because if he perishes, the master will not be liable for anything. If the mortgage is not valid in these cases, then the mortgager has the right to take the mortgaged property from the mortgagee, and if the mortgaged property perishes in the hands of the mortgager before the mortgager’s request, he will perish for nothing; Because there is no ruling on falsehood, the arrest remains with the owner’s permission.