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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 150فصل

الترجمة · EN

as is the case with divorce, whereas the specified amount is completed by death while it is not completed by divorce. As for the dhimmi woman, she is separated by death, so the dower is completed for her just as it is for the Muslim woman, or as if he had specified it for her, and because the Muslim woman and the dhimmi woman do not differ regarding the dower in any other instance, so they should not differ here.

Section: His statement: "the dower of her peers." He means the dower of a woman like her among her relatives. Malik said: She is to be compared with one who is equal to her in beauty, wealth, and nobility, and it is not restricted to her relatives, because considerations of value only differ due to these factors, not the relatives themselves. Our evidence is his (Ibn Mas'ud's) statement in the hadith of Ibn Mas'ud: "She is entitled to the dower of her peers," and her peers are her relatives. As for what he mentioned, we also stipulate it, and we further stipulate that she must be among the female relatives, because they are the nearest to her. His statement that "this does not differ due to the difference of relatives" is incorrect; for a woman is sought after for her nobility, as stated in the tradition, and her nobility is specific to her relatives, so the dower increases or decreases because of it. It may be that a neighborhood or the people of a village have a custom regarding the dower and an established standard in which others do not participate, and they do not change it with the change of [personal] attributes, so consideration is given to that rather than other attributes. There is a difference of opinion narrated from Ahmad regarding who among her relatives is to be considered. He said, in a narration by Hanbal: She is entitled to the dower of her peers among her relatives from her father's side. Thus, he considered the female agnates exclusively, which is the school of al-Shafi'i. In a narration by Ishaq ibn Hani', he said: She is entitled to the dower of her peers, such as her mother, her sister, her paternal aunt, or her paternal cousin. Abu Bakr chose this, and it is the school of Abu Hanifah and Ibn Abi Layla, because they are among her female relatives. The first [view] is more appropriate, for it was narrated in the story of Barwa' that the Messenger of Allah (peace and blessings of Allah be upon him) ruled in the case of Barwa' bint Washiq with the dower of the women of her people. And because the nobility of a woman is considered in her dower.

الحواشي

(4) In A, B, and M: "her perfection." (5) In A: "to her relatives." (6) In the original, A, and B: "the interests" (or "accidents"). (7) Its documentation was previously mentioned in: 9/192. (8) In the original: "her peers." (9) In M: "her nobility."

السابقمجلد 10 · صفحة 150التالي
السابق10·150التالي