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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 242فصل

الترجمة · EN

or toward some of that.

Section: He is not required to be equitable between his wives in terms of maintenance and clothing if he fulfills the obligatory amount for each one of them. Ahmad said, regarding a man who has two wives: He may favor one over the other in terms of maintenance, desires, and housing (33), if the other is already sufficiently provided for; he may purchase for this one a garment superior to that of the other, provided that the other is in a state of sufficiency. This is because strict equity in all of this is difficult; if it were mandatory, it would be impossible to fulfill without hardship, so its obligation lapses, just like equity in marital intercourse.

1224 - Issue: He said: "The foundation of the division (of time) is the night."

There is no disagreement regarding this. This is because the night is for dwelling and finding shelter; a person shelters in it in his home, finds tranquility with his spouse, and customarily sleeps in his bed with his wife. The day is for seeking a living, going out, earning, and engaging in activities. Allah the Almighty said: {And He made the night for rest} (1). He also said: {And We made the night a covering, and We made the day for livelihood} (2). And He said: {And it is out of His mercy that He has made for you the night and the day that you may rest therein and seek of His bounty} (3). Based on this, a man divides his time between his wives night by night, and during the day he is in his livelihood, fulfilling people's rights, and doing whatever is permissible for him, unless he is someone whose livelihood is at night, such as guards and those like them; in which case, he divides his time between his wives during the day, and the night is, in his case, like the day is in the case of others.

Section: The day is included in the division as a follower of the night, based on the evidence of what was narrated that Sawda gifted her day to Aisha. This is agreed upon (4). Aisha said: "The Messenger of Allah (peace and blessings of Allah be upon him) was taken (in death) in my house and on my day (5)." And the Prophet (peace and blessings of Allah be upon him) was indeed taken during the day. The day follows the preceding night, because (6) the day is a follower of the night. For this reason, the beginning of the month is the night; if one were to vow to seclude himself (i'tikaf) for a month, he enters his place of seclusion before the sunset of the day preceding it, and exits it after the sunset of the last day of it. Thus, he begins with the night. If he wishes to make the day added to the night that follows it, it is permissible, because there is no disparity in that.

Section: If he goes out from the presence of one of his wives during her time (her night), and if that is during the day, or at the beginning of the night, or at the end of it, in which it is the custom to be out and to go out for prayer, it is permissible. For the Muslims go out for the Isha prayer and for the Fajr prayer before its rising. As for the day, it is for livelihood and being out and about. If he goes out at other than that time and does not linger, returning shortly, he does not have to make it up for her, because there is no benefit in making it up. If he stays away, he must make it up to her, whether his stay was for an excuse, such as work or imprisonment, or without an excuse, because her right has been missed by his absence from her. If he likes to consider his making it up as his absence from the other, similar to how he was absent from this one, it is permissible, because equity is achieved by that, and because if it is permissible for him to leave the night completely in the case of each of them, then a portion of it is more appropriate. It is recommended that he makes it up to her at a similar time, because that is more complete in terms of equivalence; and in making up (missed time), equivalence is taken into account, just like in making up acts of worship and rights. If he makes it up at a different time of the night, such as if he missed her in the first part of the night and makes it up in the last part, or missed her in the last and makes it up in (7) the first, there are two viewpoints; one of them...

الحواشي

(33) In B, M: "wa-al-kiswa" (and clothing). (1) Surah al-An'am 96. (2) Surah al-Naba 10, 11. (3) Surah al-Qasas 73. (4) Narrated by al-Bukhari, in: 'Chapter: The woman who gifts her day with her husband to her co-wife, how should that be divided?', from the Book of Marriage. Sahih = al-Bukhari 7/43. And Muslim, in: 'Chapter: The permissibility of her gifting her turn to her co-wife', from the Book of Suckling. Sahih Muslim 2/1085. It was also narrated by Abu Dawud, in: 'Chapter: Regarding division between wives', from the Book of Marriage. Sunan Abi Dawud 1/492, 493. And Ibn Majah, in: 'Chapter: The woman who gifts her day to her companion', from the Book of Marriage. Sunan Ibn Majah 1/634. And Imam Ahmad, in: al-Musnad 6/117. (5) Narrated by al-Bukhari, in: 'Chapter: What was narrated regarding the houses of the wives of the Prophet (peace and blessings of Allah be upon him) and which houses were attributed to them', from the Book of Khums. Sahih al-Bukhari 4/99. (6) In B, M: "wa-li-anna" (and because). (7) In A: "min" (from).

العربية (المصدر)

نَفْسِه، أو إلى بعض ذلك.

فصل: وليس عليه التَّسْوِيَةُ بين نسائِه فى النَّفَقةِ والكُسْوةِ إذا قامَ بالواجبِ لكلِّ واحدةٍ منهنَّ. قال أحمدُ، فى الرَّجلِ له امرأتانِ: له أَنْ يُفَضِّلَ إحْداهما على الأُخْرَى فى النَّفقةِ والشَّهواتِ والسُّكْنَى (٣٣)، إذا كانت الأُخْرَى فى كِفَايةٍ، ويشْتَرِى لهذه أرْفَعَ من ثَوْبِ هذه، وتكونُ تلك فى كِفَايةٍ. وهذا لأنَّ التَّسْوِيَةَ فى هذا كلِّه تَشُقُّ، فلو وجَبَ لم يُمْكِنْه القيامُ به إلَّا بحَرَج، فسقَطَ وُجوبُه، كالتَّسْويةِ فى الوَطْءِ.

١٢٢٤ - مسألة؛ قال: (وعِمَادُ الْقَسْمِ اللَّيْلُ)

لا خلافَ فى هذا؛ وذلك لأنَّ اللَّيلَ للسَّكَنِ والإِيوَاءِ، يأْوِى فيه الإنْسانُ إلى مَنْزلِه، ويسكُنُ إلى أهْلِه، وينامُ فى فراشِه مع زوجتِه عادةً، والنَّهارَ للمَعاشِ، والخُروجِ، والتَّكَسُّبِ، والاشْتغالِ. قال اللَّهُ تعالى: {وَجَعَلَ اللَّيْلَ سَكَنًا} (١). وقال تعالى: {وَجَعَلْنَا اللَّيْلَ لِبَاسًا (١٠) وَجَعَلْنَا النَّهَارَ مَعَاشًا} (٢). وقال: {وَمِنْ رَحْمَتِهِ جَعَلَ لَكُمُ اللَّيْلَ وَالنَّهَارَ لِتَسْكُنُوا فِيهِ وَلِتَبْتَغُوا مِنْ فَضْلِهِ} (٣). فعلَى هذا يَقْسِمُ الرَّجلُ بين نِسائِه ليلةً وليلةً، ويكونُ فى النَّهارِ فى معاشِه، وقضاءِ حُقوقِ النَّاسِ، وما شاء ممَّا يُباحُ له، إلَّا أن يكونَ ممَّن مَعاشُه باللَّيْلِ، كالحُرَّاسِ ومَن أشبهَهُم، فإنَّه يقْسِمُ بين نسائِه بالنَّهارِ، ويكونُ الليلُ فى حقِّه كالنَّهارِ فى حقِّ غيرِه.

فصل: والنَّهارُ يدْخُلُ فى القَسْمِ تَبعًا للَّيلِ؛ بدليلِ ما رُوِىَ أَنَّ سَوْدةَ وهبَتْ يومَها لعائشةَ. مُتَّفَقٌ عليه (٤). وقالتْ عائشةُ: قُبضَ رسولُ اللَّهِ -صلى اللَّه عليه وسلم- بَيْتِى، وفى

الحواشي

(٣٣) فى ب، م: "والكسى".(١) سورة الأنعام ٩٦.(٢) سورة النبأ ١٠، ١١.(٣) سورة القصص ٧٣.(٤) أخرجه البخارى، فى: باب المرأة تهب يومها من زوجها لضرتها كيف يقسم ذلك، من كتاب النكاح. صحيح =

السابقمجلد 10 · صفحة 242التالي
السابق10·242التالي