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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 17

الترجمة · EN

"I have annulled their marriage," then it is a choice of four. If he divorces one of them, it is a choice for her; because divorce only occurs in the case of a wife. If he says: "I have separated from these women," or "I have chosen the separation of these women," and he did not intend divorce by it, it is a choice of the others; because the Prophet (may Allah bless him and grant him peace) said to Ghaylan: "Choose four of them, and separate from the rest of them." This implies that the term "separation" is explicit regarding it, [just as the term "divorce" is explicit regarding it], and likewise in the hadith of Fayruz al-Daylami, who said: "So I went to the one who had been with me for the longest time and separated from her." This position is more specific [to this phrasing]; therefore, it must be designated [by this term] as an annulment. If he intended divorce by it, it is a choice for them rather than others. The Qadi mentioned two views regarding it when it is used without qualification; one of them is that it is a choice of those separated, because the term "separation" is explicit in divorce. The former is what we have mentioned. If he has intercourse with one of them, it is a choice of her, according to the analogy of the school; because it is not permissible except in a rightful union, so it indicates choice, like intercourse with a slave woman sold with a condition of option, and intercourse with a revocably divorced wife (raj'iyyah) is also a choice for her. If he performs ila' (vow of abstinence) from one of them, or zihar (comparing her to the back of his mother), it is not a choice for her; because it is valid toward someone who is not a wife, according to one of the two views, while in the other, it is a choice for her; because its legal ruling does not take effect toward someone who is not a wife.

الحواشي

(15) Omitted from the original. (16) Omitted from A, B, and M. (17) Omitted from A and B. (18) Omitted from B. (19) Reported by Abu Dawud, in: Chapter on one who converts to Islam while having more than four wives or two sisters, from the Book of Divorce. Sunan Abi Dawud 1/519. And al-Tirmidhi, in: Chapter on what was said regarding a man who converts to Islam while having two sisters, from the Chapters on Marriage. 'Aridat al-Ahwadhi 5/63. And Ibn Majah, in: Chapter on a man who converts to Islam while having two sisters, from the Book of Marriage. Sunan Ibn Majah 1/627. And Imam Ahmad, in: al-Musnad 4/232. And al-Bayhaqi, in: Chapter on one who converts to Islam while having more than four wives, from the Book of Marriage. al-Sunan al-Kubra 7/184, 185. (20) In the original: "bi-hadhihi al-lafzah" (with this word). (21) In the original: "yukhassas" (it is designated). (22) In M: "ikhtiyar" (choice).

السابقمجلد 10 · صفحة 17التالي
السابق10·17التالي