អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

According to Al-Shafi’i - may God be pleased with him - there is no difference between the false and the corrupt, and this is verified in the principles of jurisprudence (1) [(2)]. (The sale of a coop[(3)] is added to a free animal, and a smart animal(4) is added to a dead animal, even if it is named[(5)] as the price of each [one](6).

It is correct [(1)] in a property that is joined to a manager, or (2) that is owned by someone else with his share: because [(3) ] the manager is subject to sale (1) by some (2), so its invalidity (3) does not apply to others (4), (such as ownership [(5) ] that is joined to an endowment in Sahih (1). The sale of the merchandise for wine is invalid, and its opposite: that is, the sale is invalid for the purpose so that its value is due upon receipt, and he owns it upon receipt, but the sale for wine is invalid so that he does not own the actual wine.

(It is not permissible to sell fish that was not caught or caught, [and](1) it was thrown into a pen[(2)] from which it could not be taken without any trick, and it is valid[(3)] if it was taken from it without any trick unless[(4)] it entered by itself and did not block its entrance): Even if it entered itself and blocked its entrance[(5)] it is permissible to sell it; Because blocking the entrance is a voluntary act that necessitates (6) kingship (7) [(8) ] [so it becomes protected] (1). Know that he organized [(2)] many issues in one topic, and said: It is not permissible, but he did not clarify that the sale is invalid or corrupt, and I will clarify that, God willing: With regard to fish that was not caught, the sale [in it](3) must be invalid if it is for dirhams and dinars, and it must be invalid[(4)] if it is for offer; Because it is money that is not valued; Because there is no achievement, [and there is no achievement] (5) in it (6).

As for the fish that was caught and thrown into a pen, [it should not be taken from it without trickery] (1) the sale in it must be corrupt; Because it is owned money, but it is difficult to hand it over.

(Not selling[(2)] birds[(1)] in the air[(2)]: so (3) it should be [invalid](4) like selling[(5)] game before it is caught.

(And the sale of lamb and produce[(1)])(2): It should[(3)] be invalid; Because the product is non-existent, so it is not money, and the pregnancy is doubtful, so it is not money.

(And milk in the udder[(4)](5)): They mentioned two reasons for it[(6)]: One of them: He does not know that it is milk, blood, or wind, so the sale is invalidated. Because its existence is doubtful, it is not money. The second (1): The milk becomes available little by little, so the seller’s property[(2)] is mixed with the buyer’s property. (And the wool on the back of the sheep): Because [(3)] conflict occurs in the place of cutting, and every sale that leads (4) to dispute (5) is corrupt.

(And a trunk in a roof[(1)], and an arm of a male garment[(2)] whether he cut it or not)(3): The sale in them is invalid[(4)], and what is meant is a garment that would be damaged by cutting[(5)], (and it will return to being healthy if it is removed(6), or the arm is cut off before the buyer cancels it)(7): Because the spoiler[(1)] has been removed. (And the sniper’s strike[(2)])(3): [which is what](4) is obtained from hunting by hitting the net once, and this sale should be invalid as (5) we mentioned (6) regarding the bird in the air.

(And Al-Muzabanah[(1)]: which is the sale of fruit[(2)] on palm trees for (3) harvested fruits like its measure in bunches[(4)]), such as its measure: a load of fruit(5) on palm trees, and harvested: distinguished (6) from the proverb: that is, the fruit is on the palm trees, for example, by harvesting to measure the harvested (7) fruit, so this sale is one of the corrupt sales under the suspicion of (8) usury[(9)].

(And touching [(1)], throwing stones, and exchanging [(2)]: which is bargaining for a commodity that is obligatory to sell if the buyer touches it, or places a pebble on it, or the seller throws it away to him): These sales are invalid; Because the conclusion of the sale is related to one of these actions, so it is like gambling (3) [(4)].

(And [no sale of two garments [(1)] except on the condition [(2)] that he takes whichever one he wants] (3), nor pastures, nor renting them): selling pastures: i.e. pasture [(4)] is invalid; Because it is not registered [(5)], and as for renting it; Because it is [(1)] a lease for the consumption of an item (2).

(Not even bees except with kuwarah [(1)](2)), kuwarah (3): with ḍammah and emphasis: honey of bees if it is made of clay, and this (4) is according to Abu Hanifa - may God be pleased with him - and Abu Yusuf - may God be pleased with him -, so the sale should be invalid according to them; For lack of sufficient wealth [(5)], and according to Muhammad (6) - may God be pleased with him - and Al-Shafi’i (7) [(8) ] - may God be pleased with him - it is permissible if it is attained. (Silkworms and its eggs). According to Abu Hanifa - may God be pleased with him - their sale is invalid[(1)], and according to Abu Yusuf - may God be pleased with him - it is permissible if the silk appears[(2)] [depending on, otherwise not](3), and according to Muhammad(4) - may God be pleased with him - it is absolutely permissible[(5)].

(And the one who leaves [(1)] except for those who claim that he has it), he claimed: that is, he said, then this is a corrupt sale (2) [(3)]; Because there is money to be acquired but there is no ability to deliver it, so if (1) the buyer says: I have it, then it is permissible[(2)].

(And a woman’s milk in a cup), he only said [(3)] in a cup; Because the sale of milk from the udder was mentioned (4), the sale of a woman’s milk is invalidated; Because it is one of the parts of the human being [(5)], it is not money, and this is a matter of disagreement with Al-Shafi’i (6)[(7)] - may God be pleased with him -. According to Abu Yusuf (8) [(1)] - may God be pleased with him - it is permissible to sell the milk of the female slave, considering [(2)] the part for the whole. According to Abu Hanifa - may God be pleased with him - that slavery does not originate [(3)] in milk, it is in it on the basis of (4) humanity.

(And pig hair), the sale of it is invalid[(5)], (although it is permissible to make use of it for beads[(1)] it is necessary(2)[(3)].

Nor human hair), as selling it is invalid[(1)], (nor is benefiting from it[(2)]. And not the skin of a dead animal before tanning it), as selling it is invalid[(3)](4), (and if it is valid to sell it and benefit from it afterward, such as its bones, sinew(5), wool, hair, horn, and fur): then selling these things is valid, and so is making use of them; Because [(6)] death is not a condition in these things.

([والفيل كالسبع [يباع عظمه]( (1)[(2)] [خلافا لمحمد - رضي الله عنه -](3)] (4) )، حتى(5) يجوز بيع عظمه والانتفاع بعظمه خلافا لمحمد - رضي الله عنه -، فإنه كالخنزير عنده. (And there is no sale of the high(6) after it has fallen): [Until](7) if the high one belongs to a man, and the lower one belongs to a man(8) and they fall, or the high one falls, and the owner of the high one sells his high [alone](9) his sale(10) is invalid, because after the fall all that remains is the right to the high(11), and it is not money(12)[(13)].

(And selling a person on the condition that he is a female slave while he is a slave): The sale is invalid, unlike if he buys a ram and it is a ewe, then the sale is concluded (1), and the buyer has the option, and the basic principle in this is that the reference and the naming if (2) are combined, then in different types [the contract] (3) is attached to the one named [(4)], and it is invalid due to the lack of the name, and in the same type it is attached to the referred to [(5)], and it is concluded due to the presence of the one referred to, but the buyer has the option [(6)]; It is beyond description, as male and female among the children of Adam are two genders. Because of the obscenity of disparity[(1)], differences in purposes(2), and in people other than the human beings of one race[(3)].

(And buying[(1)] [what he sold] (1) for less than what he sold before paying its first price)(2): [i.e.] (3) he sold something for fifteen and did not take the price, then he bought it (4) for ten, so (5) the ten is offset by ten (6) of fifteen, so the seller has five left over from the buyer, so it is a profit[(7)] unless he guarantees: that is, the price, which is (8) fifteen; [Because] (9) when the seller did not take possession of it, it was not included in his guarantee, but rather the sheep were in exchange for the loss, so the profit would be forbidden, so this sale would be invalid, contrary to Al-Shafi’i (10) - may God be pleased with him -.

(And buying [(1)] what he sold with something else did not sell it for its first price in what he sold, even if it is valid in what he did not sell): [that is, who] (2) sold something for fifteen and did not take the price, then bought it with something else for fifteen, then the sale is invalid [(3)] in the first sale, and permissible (1) in [the thing](2) in the other, so he divides (3) the price by its value, so it is permissible in the other thing with his share (4) of the price, which is fifteen.