ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 259١٢٣٠ - مسألة؛ قال: (وإذا ظهر منها ما يخاف معه نشوزها وعظها، فإن أظهرت نشوزا هجرها، فإن أردعها، وإلا فله أن يضربها ضربا لا يكون مبرحا)

الترجمة · EN

for congregational prayer; for the Prophet (may God bless him and grant him peace) would not abandon the congregation for that, and he would go out for what was necessary for him. If he stays too long, he shall make it up; if it is brief, he has no makeup to perform.

1230 - Issue: He said: "If there appears from her what he fears as her nushuz (rebellion/defiance), he shall admonish her. If she manifests nushuz, he shall forsake her. If she is deterred, [then that is it]; otherwise, he may strike her with a blow that is not severe."

The meaning of nushuz is disobedience to the husband in that which God has made obligatory upon her regarding his obedience. It is derived from an-nashz, which is the elevated or raised part, as if she has risen and elevated herself above what God has made obligatory upon her regarding his obedience. So, whenever signs of nushuz appear from her, such as her becoming lethargic and resistant when he calls her, and she does not come to him except with aversion and grumbling, he shall admonish her. He shall cause her to fear God, the Glorified, and remind her of the rights and obedience that God has made obligatory for him upon her, the sin that will befall her due to disobedience and opposition, the loss of her rights that occurs thereby—such as maintenance and clothing—and what is permitted for him regarding striking and forsaking her, due to the saying of God Almighty: "As for those women from whom you fear rebellion, admonish them" [4:34]. If she manifests nushuz—which is that she disobeys him, refuses his bed, or leaves his house without his permission—he may forsake her in the sleeping place, due to the saying of God Almighty: "And forsake them in the sleeping place" [4:34]. Ibn Abbas said: "Do not sleep with her in your bed." As for forsaking in speech, it is not permissible for more than three days, due to what Abu Hurayra narrated, that the Prophet (may God bless him and grant him peace) said: "It is not lawful for a Muslim to forsake his brother for more than three days." The apparent meaning of al-Khiraqi’s words is that he does not have the right to strike her for nushuz the first time. It has been narrated from Ahmad: If a wife disobeys her husband, he may strike her a strike that is not severe. The apparent meaning of this is the permissibility of striking her at the first instance, due to the saying of God Almighty: "And strike them." And because she has explicitly stated her refusal, he has the right to strike her, just as if she persisted. And because the punishments for sins do not differ by repetition or lack thereof, like the hadd-punishments. The rationale for al-Khiraqi’s view is that the intended purpose is to deter her from the sin in the future, and that which is of this nature should be approached by the easiest, then the next easiest, like one whose house is invaded and he wants to remove the invader. As for His saying: "As for those women from whom you fear rebellion," the verse, it contains an elliptical structure; its appraisal is: "As for those women from whom you fear rebellion, admonish them; if they rebel, forsake them in the sleeping places; if they persist, strike them," as He, the Glorified, says: "Indeed, the penalty for those who wage war against God and His Messenger..." [5:33]. That which points to this is that He organized these punishments upon the fear of nushuz; and there is no disagreement that he does not strike her for fear of nushuz before she manifests it. Regarding Al-Shafi’i, there are two views like these. If she is not deterred by admonition and forsaking, he may strike her, due to His saying: "And strike them." And the Prophet (may God bless him and grant him peace) said: "You have rights over them, that they should not let anyone you dislike tread upon your bed; if they do that, strike them with a strike that is not severe." Narrated by Muslim [10]. The meaning of "not severe" is that it is not violent. Al-Khallal said: I asked Ahmad ibn Yahya about his saying: "a strike that is not severe," and he said: "Not violent." He must avoid the face and vulnerable areas; because...

الحواشي

(1) In A, B, and M: "awjaba" (obligated). (2) In the original: "haqquha" (her right). (3) Surah An-Nisa: 34. (4) In B and M: "wa-hiya" (and it is). (5) Extracted by Ibn Jarir in: Tafsir Surah An-Nisa, verse 34. Tafsir al-Tabari 5/63, 64. (6) Extracted by Muslim in: Chapter on the Prohibition of Forsaking for More than Three Days Without a Legal Excuse, from the Book of Piety (Al-Birr). Sahih Muslim 4/1984. And Abu Dawud in: Chapter on One Who Forsakes His Muslim Brother, from the Book of Manners (Al-Adab). Sunan Abi Dawud 2/577.

السابقمجلد 10 · صفحة 259التالي
السابق10·259التالي