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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 127فصل

الترجمة · EN

the palm tree if it produces a spathe. Except in one instance, which is that if she offers half of the land with half of the crop, he is not obligated to accept it, unlike the spathe with the palm tree. The difference between them is from two perspectives: first, the tree is not diminished by the fruit, whereas the land is diminished and weakened by the crop. Second, the fruit is generated from the palm tree, so it is secondary to it, whereas the crop is her property which she deposited in the land, so he is not forced to accept it. The Qadi said: He is forced to accept it, just like the spathe. We have already mentioned what dictates the difference. The issues regarding saplings are like the issues of crops. If he divorces her after the harvest, and the land has neither increased nor decreased, he recovers half of it. If it has decreased due to the crop or increased because of it, he recovers half of its value, unless he is content to take it in its diminished state, or she is content to offer it in its increased state.

Section: If he gives her wood as a dowry and she carves it into doors, increasing its value, he does not have the right to recover half of it because of its increase, nor is he obligated to accept half of it, because it has diminished in one respect, for it is no longer ready for what it was previously suitable for, such as roofing and other things. If he gives her gold or silver as a dowry, and she crafts it into jewelry and its value increases, she may prevent him from [taking] half of it. If she offers him half, he is obligated to accept it, because gold is not diminished by crafting, nor does it depart from being ready for what it was suitable for before it was crafted. If he gives her dinars, dirhams, or jewelry as a dowry, and she breaks them, then crafts them into something other than what they were, he is not obligated to accept half of them, because it has diminished in her hand, nor is she obligated to offer him half, due to the increase in workmanship that she introduced into it. If the dinars and dirhams return to what they were, [he may recover half of them, and he does not have the right to demand their value; because they returned to what they were] without decrease or increase, so it resembles the case where he gives her a slave as a dowry, who then becomes ill and recovers. If she crafts the jewelry into what it was before, there are two opinions regarding it.

الحواشي

(31) In the original: "the palms". (32) In [M]: "it produced a spathe". (33) In [M]: "to it". (34) In [M]: "half". (35) Omitted from [B]. Observation noted.

السابقمجلد 10 · صفحة 127التالي
السابق10·127التالي