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Volume :18 Issue : 55 2003      Add To Cart                                                                    Download

The Ruling of Bay3 (Selling) Endowments.

Auther : Dr. Iqbal Abdel-Aziz Al-Mutawwa’.

The Ruling of Bay3 (Selling) Endowments.

A Book authored by Abu Zakariyya Yahya …Al-Tarabulsi, known as Al-Hattab.(930-995A.H.): A Study and Editing

Dr. Iqbal Abdel-Aziz Al-Mutawwa’.

The manuscript titled “ Risalah fi hukm bay3 al-‘Ahbaas (A treatise on selling Endowments) is one of the many manuscripts which have remained unedited up to now. It is a rare copy written by Abu Zakariyya Yahya ibn Muhammad ibn Muhammad ibn Muhammad al-Ra3eeni al-tarabulsi, of the Maliki School, known with title of Al-Khattab.

The author started his manuscript by defining the three categories of the endowment assets:

1. Real estate such as land and wells and related assets such as trees.

2. Animals.

3. Merchandise such as clothes, weapons and the like.

The uses of these categories are either continuing or short-lived. Also, they may be restorable such as agrarian land, real estate and buildings after being repaired, or not, such as animals of chronic disease that render them useless.

In the process of editing, the editor is concerned with clarifying an important issue which was formerly discussed by Muslim jurists and it is much pressing nowadays, that is the issue of the possibility of substituting the endowment properties, and to what extent it is permitted by Shari’a law with no violation of the conditions stated by jurists that endowment original properties must be preserved for utilization and must not be sold , purchased, etc. except in the cases of utmost necessity. May Allah grant me His support to fulfill these objectives!

 

 

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