أقوال العلامة أحمد بن يحيى بن عطوة (ت 948 ه)‎ الفقهية في العبادات و المعاملات : جمعا و دراسة

الملخص EN

the sayings of the scholar Ahmed bin Yahya bin Atwa (d.

948 AH) in jurisprudence in worship and transactions, collection and study.

Abdullah bin Ahmed bin Abdul Rahman Al-Dawish
Department of Comparative Jurisprudence, Higher Institute of Judiciary, , Imam Muhammad Ibn Saud Islamic University (IMSIU), Kingdom of Saudi Arabia.

E-mail: aaaldawish@imamu.

edu.

sa


The research deals with the sayings of the scholar Ahmed bin Yahya bin Atwa (d.

948 AH) in jurisprudence in worship and transactions, collection and study.

The control of the research is: to collect the issues that were initially stipulated and were not preceded in the Hanbali school of thought, and also the collection of issues that were contrary to what was established by the later Hanbalis.

And it came out from the officer: his questions directed to his military sheikh, or his sayings about scholars within or outside the madhhab, or issues in which he agreed with the opinion of the later Hanbalis.

The search results are as follows:
First: His sayings, which were proven to be the first to be stipulated in the Hanbali school of thought, and they are:
1-The mahram of a woman during Hajj must be insightful.

2- If one of the contracting parties stipulates the assignment of the price, it is valid, and if he does not fulfill the condition; He has the option to cancel.

3- If the seller and the buyer disagree about the defect with whomever occurred, or they differ in the knowledge of the defect, then if the defect is not hidden, then the saying is the seller's statement: The buyer saw it.

4- The criterion for date paste is the weight.

Second: His statements, which have been proven to be contrary to the opinion of the later Hanbalis, and they are:
1- The umgar is pure, and the madhhab considers it impure.

2- The mahram of a woman during Hajj must be insightful, and the doctrine sees no stipulation.

3- Wasting in the animal sold is not considered a defect, and the doctrine sees it as a defect.

4- If the transferee is not full, and the fraudster is ignorant of his solvency, then the doctrine holds that if the fraudster is satisfied, and does not stipulate his left; The transfer is necessary, and Ibn Atwa - may God have mercy on him - believes that it is not necessary.

5- If the seller and the buyer disagree about the defect with whomever occurred, or they differ in the knowledge of the defect, then if the defect is not hidden, then the saying is the seller's statement: The buyer saw it.