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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 159فصل

الترجمة · EN

who took his wife and grasped her, and regarding one who looked at her while she was naked: the full dower is upon him. So this is more appropriate.

Section: And if he pushes an unrelated woman, causing her to lose her virginity, or does that with his finger or otherwise, Ahmad said: The dower of women like her is due to her. And he said: If a man marries a virgin, and he and his brother push her, and they cause her to lose her virginity, then he divorces her before intercourse, then upon the husband is half the dower, and upon the brother is half the 'aqr (damages/dower) (17). Something similar (18) to that was narrated from Ali, his son al-Hasan, Abdullah ibn Ma'qil, and Abd al-Malik ibn Marwan. Al-Shafi'i said: There is nothing upon him except the arsh (indemnity) for her virginity; because it is the destruction of a part for which the law has not prescribed a specific compensation, so it is referred to in its blood-money to judicial discretion (hukuma), like everything else that is not estimated (19), and because (20) if the dower is not completed by it in the case of the husband, then in the case of a stranger it is more so. Our argument is what Sa'id narrated, he said (21): Hushaym narrated to us, Mughira narrated to us, from Ibrahim, that a man had an orphan girl in his care, and his wife feared that he might marry her, so she sought the help of women who held her down (22) for her, and she ruined her virginity, and said to her husband: She has committed fornication. He informed Ali, may Allah be pleased with him, of that. Ali sent for his wife and the women, and when they came to him, they did not delay in confessing what they had done. He said to al-Hasan ibn Ali: Judge regarding her, O Hasan. He said: The hadd punishment is upon the one who slandered her, and the 'aqr is upon her and the ones who held her. Ali said: If camels were tasked with milling, they would mill. And no camel was milling that day. And he said (23): Hushaym narrated to us, Isma'il ibn Salim informed us (24), al-Sha'bi narrated to us, that four young women said

الحواشي

(17) In M: "al-'aqd". (18) Omitted from: M. (19) In M, there is an addition: "'alayhi". (20) In M: "li-annahu". (21) In: The Chapter of Comprehensive Divorce, from the Book of Divorce. Al-Sunan 2/85. (22) In the original: "fa-dabtaha". In A, B, M: "fa-dabat-ha". The established text is from al-Sunan. And "idtabana" the thing: means to place it in one's side, which is between the flank and the armpit. (23) In the previous chapter. Al-Sunan 2/85, 86. (24) In A, M: "qala haddathana". In B: "ibn". The established text is in the original and al-Sunan.

السابقمجلد 10 · صفحة 159التالي
السابق10·159التالي