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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 189فصل

الترجمة · EN

other than it, his wealth shall be divided among them in proportions. Ahmad said, regarding a sick person who married during his illness while he had debts and then died: Whatever he left is to be divided between the creditors and the wife in proportions. This is because the marriage of a sick person is valid, and the dowry (sadaq) is a debt, so it is treated equally with other debts.

Section: Every separation that occurs before consummation due to the woman, such as her conversion to Islam, or her apostasy, or her breastfeeding someone through whose breastfeeding the marriage is annulled, or her being breastfed while she is a young girl, or she annuls the marriage due to his insolvency, or his defect, or her manumission while married to a slave, or he annuls it due to her defect, then her dowry is forfeited thereby, and no gift (mut'ah) is obligatory for her; because she destroyed the compensated object before its delivery, so the entire substitute is forfeited, just like a seller who destroys the sold item before its delivery. If it is due to the husband, such as his divorce (talaq), his khul' (divorce initiated by the wife), his conversion to Islam, or his apostasy, or if it comes from an outsider, such as breastfeeding, or an act of intercourse through which the marriage is annulled, half of the dowry is forfeited, and half of it or the gift (mut'ah) is obligatory for other than the one whose [dowry] was specified for her, then the husband may seek compensation from the one who annulled the marriage if the annulment came from an outsider. If the woman is killed, the entire dowry is established; because it is a separation that occurred through death and the end of the marriage, so the dowry is not forfeited by it, just as if she died naturally, whether her husband killed her or an outsider, or she killed herself, or her master killed the slave woman. If the ruler grants a divorce on behalf of the husband in the case of Ila' (oath of abstinence), it is like his [the husband's] divorce; because he stood in his place to fulfill the right on his behalf when he refused to do so. Regarding the separation of Li'an (mutual imprecation), there are two narrations: one of them is that it is like his divorce, because the cause of the Li'an is his accusation, which originated from him. The second is that her dowry is forfeited by it, because the annulment is consequent to her Li'an, so it is like her annulment due to his impotence. Regarding the separation caused by her purchasing her husband, there are also two narrations: one of them is that her dowry is halved by it, because the sale that necessitates the annulment was completed by the master who stands in the place of the husband and by the woman, so it resembles khul'. The second is that the dowry is forfeited, because the annulment was found following her acceptance, so it resembles her annulment due to his impotence. Regarding the case where a free man purchases his wife, there are two views, based on the two narrations regarding her purchasing her husband. If he gives her the choice (khiyar), and she chooses

الحواشي

(27) In the original: "bi-rada'ihi". (28) In B, M: "bi-aybiha". (29) In B, M: "alayhi".

السابقمجلد 10 · صفحة 189التالي
السابق10·189التالي