ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 272فصل

الترجمة · EN

those who allowed it [argued] by the word of Allah, the Almighty: {If they, of their own accord, remit any part of it to you, take it as a gift, enjoyed and wholesome}. Ibn al-Mundhir said: Validity in an act other than a contract does not necessitate validity in an exchange, as evidenced by usury; Allah prohibited it in a contract, yet allowed it in a gift. The stronger argument lies with those who prohibited it, as the specificity of the verse regarding prohibition must be given precedence over the generality of the verse of allowance, along with the traditions that support it. And Allah knows best.

Section: As for if he constrains his wife, causes her harm by striking or restricting her, or denies her rights—such as support, turn-taking, and the like—in order that she might ransom herself from him, and she does so, then the Khul' is void and the compensation is to be returned. This is narrated from Ibn 'Abbas, 'Ata', Mujahid, al-Sha'bi, al-Nakha'i, al-Qasim ibn Muhammad, 'Urwah, 'Amr ibn Shu'ayb, Humayd ibn 'Abd al-Rahman, and al-Zuhri. Malik, al-Thawri, Qatadah, al-Shafi'i, and Ishaq also held this view. Abu Hanifah said: The contract is valid, the compensation is binding, and he is sinful and disobedient. Our argument is the saying of Allah the Almighty: {And it is not lawful for you to take anything of what you have given them, except when both parties fear that they will not be able to uphold the boundaries of Allah}. And Allah the Almighty said: {It is not lawful for you to inherit women against their will, nor to constrain them in order to take away some of what you have given them}. Furthermore, it is compensation for which she was coerced into giving up without right, so it is not deserved, like the price in a sale or the wage in a lease. And if he does not possess the right to the compensation, and we say that Khul' is a divorce, the divorce occurs without compensation. If it is less than three [divorces], he has the right to take her back, because the right to take her back was only lost due to the compensation; so when the compensation is dropped, the right to take her back is established. And if we say that it is an annulment, and he...

الحواشي

(9) Surah al-Nisa': 4. (10) In [B], [M]: "wa-abaha" (and He permitted it). (11) In [A]: "taqdimuha" (giving it [the verse] precedence). (12) Omitted from: [Original Manuscript]. (13) Surah al-Nisa': 19. (14) In [B], [M]: "ukrihna" (they were coerced). (15) In the [Original Manuscript]: "ka-l-yamin" (like an oath).

السابقمجلد 10 · صفحة 272التالي
السابق10·272التالي