Author
Ahmed bin Muhammad bin Ahmed, Al-Dardir, Al-Adawi, Al-Azhari, Al-Maliki, Abu Al-Barakat, Al-Dardir (1201 AH)
Author Original
أحمد بن محمد بن أحمد، الدَّرْدِير، العدوي، الأزهري، المالكي، أبو البركات ، الدردير هــ
Publication Place
-
House of Islamic Manuscripts
Subject
Maliki jurisprudence
Type
Book
Language
Arabic
Digital
No
Manuscript
Yes
Pages Count
83
Physical Dimensions
23.8 18 سم.17 11 سم
Library
Dar Almakhtotat - دار المخطوطات
Record ID
20192068
Library Location
1164 / single
Notes
(By seeing some of the equivalent) of a measure such as wheat and a weighted one such as cotton and flax, unlike the estimator, it is not sufficient to see some of it (and) to see (the flint) by breaking the sād and joining them, which is what preserves the thing like the peel of a pomegranate, a walnut or an almond, that is: by seeing the peel of some of it, even if he does not break any of it, to see what is inside it (and) it is permissible to buy or sell based on it (on) the descriptions written in (the program) by opening the ba and breaking the m, i.e. the ledger in which descriptions of what are written. In fairness of the clothes sold to be bought in that capacity out of necessity, if it is found to be in that capacity, it is obligatory, otherwise the buyer is preferred (and) it is permissible to buy or sell (from a blind person) whether he was born blind or it happened to him when he was young or old and this depends on the descriptions of the sold item (and) it is permissible to sell (with a sighting) prior to the time of the contract (and the item sold does not normally change (after that) until the time of the contract, even if the contract session is present, and if it changes after that, it is not permissible to decide, and it is permissible to opt for sighting) (And) an (alleged) seller swore not to violate (a sale), that is, in the matter of selling (a program), and the buyer damaged or missed the item and claimed to have violated it, so the seller said to him: Rather, you have replaced it, and what is taken for an oath is his statement: (that his agreement) means an agreement with what is in justice, that is, it is an agreement (with what is written) in the program. If the buyer’s oath is violated and the item sold is returned (and) an alleged payer swears (not to pay bad or incomplete), which is the payer of dinars or dirhams, a money changer, a debtor, or a lender. Or others, if the payee takes possession of them on the payee’s statement that they are horses, then the taker claims that he found them or something of them that is bad or incomplete, and the payer denies that they are from his dirhams, and he swears in the case of a lack of number to decide absolutely, and in the lack of weight and fraud to deny knowledge, unless it is confirmed that they are not his dirhams, then he swears to decide on them. This is all if they agree that he took them in the joints or they disagree, and if they agree that he took them to show them or to weigh them, then the statement is given to the one who took them with his oath in The bad and the incomplete.... (And) for you, O one who betrays, (cancel) the lease of an animal (that bites), that is, it bites whoever is close to it, so what is meant is exaggeration in biting (or unruliness), that is, one that is difficult to obey easily (or blind) that does not see at night (or) that whose (back is obscene) that harms its travel, or its load, or the smell of its rider (as if) he hires a bull to (grind), for example, (for you every day) for example. (Irbidin) for example (for a dirham) for example (and he was found not to grind) on the day (except for Irdib) for example, so what is meant is less than what the contract was signed for, so you have the option to annul it and keep it, then if he annuls it, he gets half a dirham in the Irdib, and if it remains, is it like that, or does he have to pay all the rent because his choice negates his harm, and each of them is required in evidence. Then this branch is one in which time and work are combined, and combining them is what invalidates the lease, as they are equal according to the one who is relying, or the work exceeds the time by agreement, and if the time exceeds the work, is it spoiled? This is what Ibn Rushd first declared, and this is what Ibn Abd al-Salam’s words confirm its reliance as mentioned above. So what is here is taken to mean that when the lease was concluded, they thought that the time would exceed the work, as the author’s saying indicates it: And the renter found (even if he increased) in carrying the animal or in grinding (what resembles the usual measure) (or a decrease in what resembles) that is, It increases or decreases in its measure, taking into account the difference in measurements (so you do not mind), O Makri, for the excess (and you do not blame) for the deficiency. This issue is more general than the one before it, as it includes the issue of the bull and others. Chapter: In which he mentioned the rent of a bathroom, a house, a slave, and land, and the differences between renters...
Kaynaklar ve Referanslar
المعجم المختص محمد مرتضى الزبيدي (1205) ( 123 ) الأعلام قاموس تراجم لأشهر الرجال والنساء من العرب والمستعربين والمستشرقين خير الدين بن محمود بن محمد بن علي بن فارس الزركلي (1396) ( 1
/ 244 )
Satır Sayısı
23
Yazı Türü
المبسوط
