អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

The Book of the Foundling (1)[(2)]

(Raising him[(3)] is desirable, and if there is fear of his destruction, it is obligatory[(4)] like a shot(1)[(2)], and he is free[(3)] except under the pretext of his slavery[(4)], his maintenance(5)[(6)], his crime in the treasury[(1)] and his inheritance[(2)] for him, and it is not taken[(3)] from (4) who took it(5).

And his lineage is from the one who claimed him[(1)], even if two men[(2)], or from one of them who describes a mark by him[(3)]): That is, if two men claim his lineage, then if one of them describes a mark on his body, and he is truthful in that, then the lineage is from him, otherwise[(4)] they are equal[(5)]. Then he added to his statement: Even if it were two men. His saying: (or a slave, and he was free): meaning that (6) the plaintiff was a [slave] (7) his lineage from him is proven, but the foundling is free; Because the origin [(9)] is in the home of the free Muslims, (or a dhimmi[(1)], and he is a Muslim if he is not in their headquarters): that is, in the place of the dhimmis, (and a dhimmi if he is in it): that is, he is a dhimmi if he claims dhimmi lineage, and he is found[(2)] in the place of the dhimmis.

(And whatever [(1)] was imposed on him [is](2) his(3), and [(4)](5) was disbursed to him by the order of a judge, and it was said: without him, and for the picker[(6)] he took possession of his gift, handed it over to a craft, not married him, and disposed(7) [of](8) his money, or rented it to him in what is more correct[(9)]).

The Book of Al-Luqta (1)[(2)] (It is a trust if he bears witness[(1)] that he took it(2) to return it to its Lord, otherwise he is liable if the owner denies that he took it to return it): Know that if the one who found it (3) acknowledges that he took it for himself, he guarantees unanimously[(4)], and if he does not acknowledge this, then if he bears witness that he took it to return it, he is not liable[(5)], and if he does not testify[(6)] within (7) according to Abu Hanifa - may God be pleased with him - and Muhammad - may God be pleased with him. According to Abu Yusuf - may God be pleased with him - he does not guarantee, but rather the statement is his statement [(8)] in that he took it (1) to refute. The testimony is for him to say: Whoever you heard singing [(2)] Laqta, point him to me. So his saying: Otherwise, he is guaranteed; That is, if he did not testify that he took it to respond within.

(And I knew[(3)] in a place where I found myself, and in the councils, for a period beyond which [(1)] is not required in the Sahih.

His saying: And I knew: that is, it must be defined [(2)], and what is meant by definition is that he calls out [(3)] I found a cat whose owner I do not know, so let its owner come and describe it so that I can return it to him. They differed regarding the period of identification, and the correct view (4) [(5)] is that it is not estimated for a known period, rather it is delegated to the opinion of the catcher, so he identifies it until he thinks most likely that it will not be sought[(1)] after that, and Muhammad and Malik determined it (2) And Al-Shafi’i (3) - may God be pleased with them - according to a ruling without any separation [(4)].

(Whether you take [(1)] from the halal or the sanctuary), this is a precaution based on the words of Al-Shafi’i (2) - may God be pleased with him - as he says the sanctuary snapshot must be identified until its owner comes[(3)].

(And what does not remain [(1)] until it is feared that it will spoil): that is, what is defined as what does not remain, such as foods prepared for eating and some fruits[(2)], (then you give in charity[(3)], and if its Lord comes(4) He will permit it[(5)](6) and he will have his reward): that is, the reward of giving in charity, (or the taker is guaranteed as in the case of an animal[(7)] found): that is, there is no difference with us in the shot between it being an animal, or something else, and when [(1)] Malik (1) - may God be pleased with him - and Al-Shafi’i (2) - may God be pleased with him - If he finds a camel (3) or a cow in the desert, abandoning it is better[(4)].

(And whatever was spent[(1)] on her without the permission of a ruler, he donated, and with his permission, a debt is owed to her Lord, and the judge rewarded(2)[(3)] what had a benefit, and spent on her from it(4) like a slave[(5)], and what had no benefit[(1)] he authorized spending(2) on her, and the condition of returning to her Lord was in what was most correct [if[(3)] was the best(4),[(5) otherwise[(6)] he sold it, and ordered it to be preserved. Its price), but he said more correctly: Because here is another narration, which is that ordering the spending is sufficient for the guardianship to return to its owner, but what is more correct is that it is not sufficient[(7)], but rather he must stipulate the return, and the pronoun in his saying: If he is the most appropriate, he will refer to the order to spend[(8)], and the condition of the return.

(And the spender [(1)] may withhold it to take (2) his maintenance: that is, the expense of the spender[(3)], (and if it perishes after he withholds it, it shall be forfeited (4)[(5)]): that is, the expense; Because if he withholds it for maintenance, it becomes like a mortgage, and it[(1)] is secured by the debt (and before that, not): that is, if it perishes before the imprisonment[(2)] the maintenance is not forfeited.

(If the one who claims it shows its mark[(3)] it is permissible to pay, and it is not obligatory[(4)] without proof): This is according to us, and according to Al-Shafi’i(5) - may God be pleased with him - it is obligatory to pay[(6)] if he clarifies the mark, (and a poor person will benefit from it[(1)] otherwise): that is, even if [the picker](2) is poor, (give in charity, even on his root[(3)], his branch, and his wedding)(4).

The Book of Al-Abaq[(5)] (A lamentation[(1)] that he took for the one who was strong over him(2)[(3)], and leaving the stray. It was said: He loved)(4). Al-Abaq: He is the property who fled from his owner[(5)] intentionally.

The stray: the slave who lost his way to his home [(1)] unintentionally, but leaving it was more beloved; Because it does not leave[(2)] its place, and its owner comes and takes it, and if[(3)] the finder(4) knows the house of its owner, it is better for him to deliver it.

(And for his desire[(1)])(2): That is, the one who left behind, (Qena[(3)], or the one who moved back[(4)], or the mother of a child born from a journey, forty dirhams[(5)], even if he did not equal it(6)[(7)] if he bears witness[(1)] that he took it to return it, and whoever less[(2)] of it in his installment(3), this is according to us, and according to al-Shafi’i(4) - may God be pleased with him - nothing is obligatory without a condition[(5)]. (If he keeps [(1)] of it, he is not liable.

If he does not bear witness[(1)] then nothing is due to him, and he is guaranteed if he keeps it, [and the mortgager[(2)] is to make the mortgage(3): [that is, if the mortgaged slave stays, and is spared for the period of travel[(4)], then the charge is to be made to the mortgagee[(5)], that is, if its value is the same as the debt, or less than it, and if it is more[(6)] than the debt, then it is in the amount of (1) the debt on him, and the remainder is on the mortgager, and he orders his expenses. Like a shot[(2)][(3) ](4)., [And God knows best](5).

The Book of the Missing(6)[(7)] (He is absent[(1)] and no trace of him is known to be alive[(2)] regarding his own right: his bride shall not be married, nor shall his wealth be divided(3) nor shall his rent be annulled[(6)], and the judge shall establish[(7)] someone who will collect his rights[(8)], preserve[(1)] his money, sell what he fears will spoil[(2)], and spend on His child[(3)], his parents, his fiancée, and a dead person(4) in the right of someone else: he does not inherit[(5)] from someone else: that is, (1) his share of the inherited money is suspended (up to ninety years[(2)])(3): There was a difference of opinion regarding the period[(4)], so it was said: It is more appropriate that it be estimated at ninety years, and the apparent meaning of the narration(1)[(2)] is that it is estimated at the death of peers, since in this era a person rarely lives [to](1) Ninety years.

(If he appears alive before that [(2)] then he has that, and after that): that is, after the period. It is the recommendation (3) [(4)] as evidence for defense, not for proof. If the period is complete, it is in his own money and he is alive before the period, so (5) the heir who was alive at the time of its loss and then died after that does not inherit it. Because it seems that he was alive, so it is a valid argument to prevent someone else from inheriting from him, while someone else’s property is dead. Because it appears that it is not a valid argument for requiring his inheritance from others, so what was left for the missing person is returned to whoever inherits from his inheritor on the day of his death. [And God knows best] (1). Company letter(2)[(3)] (It is two times:

Ownership Company [(1)]: It is (2) that two [(3)] (4) own [(5)], and each [(6)] as a foreigner (1) in the property of its owner (2). A contract company: its cornerstone is the offer and acceptance[(3)], and its condition is that there is nothing that can sever it, such as the condition of named dirhams[(4)] from the profit for one of them. (5) [This] (6) ends the partnership due to the possibility that after this so-called dirhams there will be no profit left for them to share. (It has four aspects:

Negotiation[(1)]: It is a partnership of equals in money[(2)], disposition, and religion. What is meant is equality in the money in which [(3)] the partnership is valid, and there is no harm in increasing the money in which the partnership is not carried out. (It is not valid (4) except between two people who are united [(5)] in freedom, dream, and religion[(6)]) They must be two people of extreme freedom, and their religion is the same, so it is not valid between a Muslim and an infidel, and it is permissible between two mature Muslims, and between infidels, whether [(7)] One of them was a book and the other was a Magian, for all disbelief is one religion[(1)]. This is according to Abu Hanifa - may God be pleased with him - and according to Abu Yusuf - may God be pleased with him - it is permissible[(2)] between a Muslim and an infidel, and according to Malik(3) - may God be pleased with him - and Al-Shafi’i(4) - may God be pleased with him - it is not permissible[(5)] to negotiate at all. (It includes[(1)](2) agency and guarantee): that is, each one is the agent of the other in the transaction, and each one is a guarantor on behalf of the other(3). If one of them buys something, the seller[(4)] demands the price from the other partner.