អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(And it was valid for the judge [(1)], and he took his share): That is, it was valid for the judge to divide the estate from the legatee with the heirs, and the judge took the legatee’s share, so his saying: And he took it as a conjunction of the pronoun is valid and it is permissible for there to be a separation between them.

(If he divides them in the will with Hajj [(1)] he performs Hajj with a third of what is left if it perishes in his hand, or in the hands of the one who performs Hajj)(2): That is, the guardian divides it with the heirs in the will with Hajj, and the money is destroyed in the hands of the guardian, or in the hand of the one who performs Hajj, he performs Hajj with a third of what remains with Abu Hanifa - may God be pleased with him - and with Abu Yusuf - may God be pleased with him - if what was allocated for Hajj is a third of the money, not taken from the rest, ... (3) something For Hajj, even if it is less, it is taken up to a third, and according to Muhammad - may God be pleased with him - nothing is taken in both cases; Because the release of the will is like the release of the dead[(4)], and if the dead person allocated some of his money for Hajj and it was lost after his death, he does not perform Hajj from the remainder. According to Abu Yusuf - may God be pleased with him - the object of the will is a third, and it is executed[(1)] if anything of the third remains. According to Abu Hanifa - may God be pleased with him -[(2)] the completion of the division is by delivering it to the named destination, so if it is not spent to that destination, it becomes his destruction before the division. (It is valid for the trustee to sell a slave from the estate in the absence of the creditors): That is, it is permissible for the trustee[(3)] to sell a slave from the estate to pay off a debt in the absence of the creditors.

(And a guardian guaranteed that he sold what he commanded to be sold, and gave its price in charity, so it became due after its price perished with him, and he returned to the estate). The deceased recommended that this slave be sold and that his price be given in charity, so the guardian sold the slave, and received the price, and it perished in his hand, so the slave was entitled to the hand of (1) the buyer, and the guardian guaranteed the price[(2)]: that is, the buyer returns the price to the guardian, then the guardian returns the estate; Because he is a worker for the dead [(3)], and Abu Hanifa - may God be pleased with him - used to say [first] (4): He does not take back [(5)] the estate; Because he guaranteed his possession, then returned to what he mentioned[(6)], and according to Muhammad - may God be pleased with him - he returns a third[(7)]; Because the subject of the will is a third. (Just as the child’s property is returned to a guardian who sold what he acquired from the estate, and its price perished with him, so he was entitled to it, and the child is entitled to his share): That is, the inheritance was divided, and the child acquired a slave, so the guardian sold him, and took his price, and the slave perished in his possession, so the slave was entitled to it, and the buyer took the price from the guardian. The guardian returned the child’s money; Because [(1)] he is his worker, and the child returns to the heirs with his share of what remains in their hands; Because the division has been broken, and it has become as if the servant never existed.

(A guardian does not sell or buy except for what they are deceived by), know that it is permissible for the guardian to sell the boy’s property, which is a movable property from a foreigner, for the same value and for what people are deceived about[(1)], and [it](2) is what falls under the assessment of the assessors, and it is permissible to buy for him from a foreigner as well, not with gross fraud[(3)], and as for [buying](4) from himself, if the guardian is the father’s guardian, it is permissible; Not if he is the judge’s guardian, but on the condition that the minor has a clear benefit in it[(5)]. (1) was interpreted as selling his money from the small, which is worth fifteen for ten, or buying the small’s money for himself, which is worth ten for fifteen. This is according to Abu Hanifa - may God be pleased with him - and Abu Yusuf - may God be pleased with him -, but according to Muhammad - may God be pleased with him - it is not (2) permissible in any case. As for the father selling the child’s personal property, it is permissible for the same value, and for what they ignore.

As for the property of a minor, if the guardian sells it (3) to a foreigner for the same value, it is permissible. This is the answer of the earlier ones, and the choice of the later ones (4)[(5)] that it is only permissible if the buyer desires double the value, or the minor has a need for its price, or the dead person owes a debt that cannot be paid except for its price(1). They said: And a fatwa is given according to it.

As for the father, if he sells a small property (2) for the same value, if it is praiseworthy among the people or is in good condition, it is permissible [(3)]. The saying that selling the property from a foreigner is only permissible when the conditions (1) mentioned are met: such as the desire (2) of the buyer for double (3) the value, and so on, it is permitted that (4) selling it from oneself is not permissible; Because real estate is one of the most valuable properties, so if he sells it himself, the accusation is clear (5).

(He pays his money for speculation, partnership, and merchandise. He defrauds[(6)] the rich [(7)] but not the left-handed, and he does not lend[(8)] and sells to the large(9) who is absent except (10) the property[(11)])(1); Because selling his money [(2)] is only permissible for safekeeping while the property is protected by itself, (and he does not trade in his money [(3)]); Because the one entrusted with protection, not trade.

([The guardian of the child’s father has more right to what he has than the grandfather[(4)]. If he does not have a guardian, then the grandfather[(1)]](2). [Certificate separation] The testimony of the two guardians is invalid[(3)] for a minor with money or a senior with the deceased’s money, and is valid for others[(4)] (5)); Because the disposal of the minor’s money is up to the guardian, whether it is from the estate or not, and as for the wealth of the elder, if it is not from the estate, then the guardian does not dispose of it, so it is permissible to testify, and if it is from the estate, it is not permissible to testify according to Abu Hanifa - may God be pleased with him -, and it is permissible according to both of them; Because the guardian does not dispose of the eldest’s money, we said: He has the guardianship of safekeeping, and the guardianship of selling it if the eldest is absent.

(Like the testimony of two men [(1)] to the others (1) for a debt of one thousand owed by a dead person, and the others (2) to the first for a similar amount. It is permissible to bear witness according to Abu Hanifa - may God be pleased with him - and Muhammad - may God be pleased with him -, but according to Abu Yusuf - may God be pleased with him - it is not permissible. ([Apart from the testimony of a will of one thousand (3), [or] (4)) the first two for a slave, and the others for a third of his wealth] (5) (6). The Book of Hermaphrodites [(7)]

(And he (8) has a private parts and a male, so if one of his penis[(9)] urinates [then he males](1), and if he urinates from his private parts then a female, and if both of them urinate then the ruling is given as the earlier[(2)], and if they are equal then it is mixed, and it is not considered a large amount), this is according to Abu Hanifa - may God be pleased with him -, and they said: It is considered (3) a large number(4)[(5)).

(If he reaches puberty and grows a beard, or has intercourse with a woman, then it is a man[(1)], and if breasts appear, or milk erupts, or menstruates, or a pregnancy, or he has intercourse[(2)] then a female): that is, if only these signs appear, then it is a male, and if only these signs appear, then a female, (otherwise, it is problematic[(3)]): That is, if it is not the case that none of the mentioned signs appear, or the male signs are combined with the female signs, as if a beard comes out(4), and (5) appears on him. Breast, mouth problem.

([And he should stand between [(1)] a row of men and women] (2), and if he stands in their row he should repeat [(3)] and in their row he should repeat the one on his side (4) and the one behind him with his shoes (5), and he should pray with a mask, and he should not wear silk [(6)] or jewellery, and he should not uncover [(7)] with a man or a woman, and he should not be alone with anyone other than a mahram, a man or a woman, and he should not travel without a mahram, and it is disliked for a man or a woman to circumcise him. And you buy(8)[(9)] a female slave who circumcises him if he has money, otherwise from the public treasury, then she is sold[(1)]. If (2) he died before his condition became apparent, he did not wash and perform tayammum(3), [from tayammum](4), which is making someone else perform tayammum, but rather he does not buy a female slave for him to wash him(5); Because the slave girl does not belong to him after death, since if she did, it would be permissible for the slave girl to wash her master(6) if he was not a hermaphrodite, and this would be better than the man washing the man. (A teenager should not attend (7)[(8)] the washing of a dead person, and the mourning of the covering of his grave[(9)]). The meaning of the covering of his grave has been mentioned in ((Chapter on Funerals)) (10), (The man is placed near the imam, then he, then the woman[(11)] when he prays over them); So that the funeral of a woman is farther (12) from people’s eyes, then a hermaphrodite.

(If his father [(1)] leaves him and a son, he gets one share and the son gets two shares[(2)], and according to Al-Sha’bi (3) [(4)] - may God be pleased with him - he gets half of the two shares, and that is three out of seven according to Abu Yusuf - may God be pleased with him -, and five out of twelve according to Muhammad - may God be pleased with him -), Know that according to Abu Hanifa - may God be pleased with him - he has the lesser of the two shares [(1)]: that is, he looks at his share if he is a male and the If his share is female, whichever of them is less is entitled to that. In this case, his inheritance based on the female’s estimation is less, so he is entitled to that. If she leaves behind a husband, grandmother, paternal brother, and mother, he is a hermaphrodite, then according to the estimate of femininity he gets three (2) out of seven, and according to the estimate of masculinity two out of six, then he gets this because it is less than that; Because a third is less than three-sevenths; Because a third of the seven is two and a third of one, and three-sevenths (3) of the seven is three.

According to Al-Sha’bi - may God be pleased with him - he has half of the two shares: that is, he combines his share if he is a male and his share if he is a female, so he has [half](1) of that total, so Abu Yusuf - may God be pleased with him - interpreted it as three out of seven; Because he has the whole according to the estimate of masculinity, and half according to the estimate of femininity, so it became one and a half, so half of it is three-quarters, so the son has the whole if he is single, and for the hermaphrodite three-quarters, so the solution is four, so the whole is four, and three-quarters are three, so it becomes seven in the way of the number, for the son four, and for the hermaphrodite three. If you want, you can tell him half if it is female, and all if it is male, then half is certain, and doubt occurred in the other half, so half became a quarter, so the half and the quarter are three-quarters.

Muhammad - may God be pleased with him - interpreted it as five out of twelve. Because he is entitled to half with the son if he is male, and a third if he is female, and half and a third are five out of six, so he gets half of that, which is two and a half out of six. The fraction is divided by half, so multiplying by two becomes five out of twelve, which is the share of the hermaphrodite, and the remainder, which is the seven, is the share of the son. If you want, you can say (2) to him is a third if he is female, and half if he is male, and their output is six, so the third is two and the half is three, so two are certain and there is doubt about the other one, so half became two and a half, and the fraction occurred by half, so it became five out of twelve.

And if you want to know that three out of seven is more or five out of twelve, then you must perform generalization, which is to make the two fractions [of] (1) one denominator, so multiply the seven by twelve, it becomes eighty-four, then multiply the three by twelve, it becomes thirty-six, so that is three out of seven, and multiply the five by seven, it becomes thirty-five, so that is five out of twelve, and the first, which is thirty-six plus this: that is, over thirty-five with one out of four. Eighty, so this is the discrepancy between (2) what Abu Yusuf - may God be pleased with him - and what Muhammad - may God be pleased with him - believed.

Various issues[(3)] (The mute’s writing[(1)] and his gesture[(2)] by which his marriage[(1)], divorce, buying and selling is known, and its fuel is like a statement). As for writing[(2)] it is: Either it is not clear: such as writing on the air, or (3) on the water, so it is not considered.

Or it is clear and not drawn, such as: it is on a tree leaf, or on a wall, or on a leaf, but not on the drawing of books, and it is not entitled, so it is like a metaphor[(1)], there must be an intention, or a presumption: like testimony, for example[(2)]. Or it is clear that there is a decree: that it is in the form of Ghadh, and that it is addressed in the form of from so-and-so to so-and-so. This is like a statement, whether from the absent person, or from the present person.

(And he does not limit [(3) ]): That is, if he acknowledges what necessitates (1) punishment by pointing, or slanders by way of pointing, (and they said about the tongue detainer: If that extends, and its signs are known [then so (2), otherwise not) (3)). The tongue detainer: is the one who is exposed to retaining the tongue so that he is unable to speak. According to Al-Shafi’i (4) - may God be pleased with him - his ruling is the ruling of a mute person, and according to our companions - may God be pleased with them - if that extends and is known. His signs [(5)] were ruled as mute, otherwise not [(6)], and the extension was estimated at a year (7), and it was said: that he should remain until the time of death, it was said: and he must issue a fatwa.

(And in sheep slaughtered there are dead in them, and they are less [(1)], he investigated[(2)] and ate in the choice), but he said: in the choice; Because it is permissible to eat dead meat in case of necessity, and Al-Shafi’i - may God be pleased with him - said: It is not permissible to eat it [(3)]; Because investigation is necessary evidence, and it is not necessary here. We said: Investigation[(4)] is done to avoid embarrassment, and Muslim markets are not empty of stolen, usurped, and forbidden items. However, it is permissible to consume it depending on what is most likely, [and God knows best what is correct](1).