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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 276فصل

الترجمة · EN

And "There is no blame upon them for that which she ransoms herself with." And "I have annulled your marriage," because it is the reality of it. Thus, if he uses one of these terms, it takes effect without intention. Anything other than these, such as: "I have dissociated from you" (bara'tu-ki), "I have absolved you" (abra'tu-ki), and "I have separated you" (abantu-ki), is a metonymy; because Khul' is one of the two types of separation, so it has an explicit term and a metonymy, just like divorce. This is the opinion of al-Shafi'i, except that he has two viewpoints regarding the term "faskh" (annulment). If she requests the Khul' and offers compensation, and he responds with the explicit term of Khul' or its metonymy (7), it is valid without intention; because the indicator of the situation—the request for Khul' and the offering of compensation—directs it toward that, thus dispensing with the need for intention in that regard. If there is no indicator of the situation and he uses an explicit term of Khul', it takes effect without intention, regardless of whether we say it is an annulment or a divorce. However, it does not take effect with a metonymy except by the intention of whoever among them uttered it, just like the metonymies of divorce alongside its explicit terms. And Allah knows best.

Section: Khul' does not occur merely by the offering of money and its acceptance (8) without a verbal utterance from the husband. Al-Qadi said: "This is what our Baghdadi scholars hold, and Ahmad has alluded to it." Abu Hafs al-'Ukbari and Ibn Shihab held the view that the separation occurs upon the husband's acceptance of the compensation. Ibn Shihab issued a fatwa to this effect in 'Ukbara (9), and Abu al-Husayn ibn Hurmuz (10) objected to him. Those of our school who were in Baghdad were asked for a legal opinion on it, and Ibn Shihab said: "The woman seeking Khul' is of two types: one seeking absolution (mustabri'ah) and one seeking to ransom herself (muftadiyah). The muftadiyah is she who says: 'Neither I nor you, nor will I fulfill any oath for you, and I am ransoming myself from you.' If he accepts the ransom and takes the money, the marriage is annulled." Because Ishaq ibn Mansur narrated, saying: "I asked Ahmad: 'How is the Khul'?' He said: 'If he takes the money, it is a separation.'" Ibrahim al-Nakha'i said: "Taking the money is an irrevocable divorce." Similar to this is reported from al-Hasan. And from 'Ali, may Allah be pleased with him: "Whoever accepts money"

الحواشي

(7) In [B] and [M]: "wa-kinayatuhu" (and its metonymy). (8) In the original [A], [B]: "wa-qawluhu" (and his saying). (9) 'Ukbara: The name of a small town in the districts of Dujail, near Sarifin and Awana; between it and Baghdad are ten farsakhs. Mu'jam al-Buldan 3/705. (10) Abu al-Husayn Muhammad ibn Hurmuz al-'Ukbari, the judge, who possessed leadership and majesty. He died in the year 424 AH. Tabaqat al-Hanabilah 2/181.

السابقمجلد 10 · صفحة 276التالي
السابق10·276التالي