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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 285فصل

الترجمة · EN

full}. And He, the Glorified, said: {And his weaning is in two years}. And the Almighty said: {And his gestation and weaning is thirty months}. He did not specify the duration of the gestation here, nor the weaning, so it was understood based on what the other verse explained, and the weaning was established as two years, and the gestation as six months. The Prophet (peace be upon him) said: "There is no nursing after weaning," meaning after the two years. Thus, the unqualified statement from a human is interpreted based on that as well, and there is no need to describe the nursing; because its generic form is sufficient, just as if one mentioned the category of sewing in a lease contract. If the wet nurse dies, or her milk dries up, she is liable for the equivalent wage (ajr al-mithl) for what remains of the duration. If the child dies, the same applies. Al-Shafi'i said, in one of his two opinions: It does not become void, and she should bring another child for her to nurse in his place; because the child is the beneficiary (mustawfan bihi), not the object of the contract (ma'qudan 'alayhi), so it is similar to if one rented a mount to ride it and it died. Our argument is that it is a contract for an action upon a specific person, so it becomes void with their demise, just as if the rented mount died. Furthermore, the benefit he receives from the milk is determined only by the need of the child, and the needs of children vary and are not regulated, so it is not permissible for another to take his place, just as if he wanted to substitute him during his lifetime. Moreover, it is not permissible to substitute him during his lifetime, so it is not permissible after his death, like the wet nurse, contrary to the rider of the mount. If one of these matters is found before any of the duration has passed, she is liable for the wage of nursing his like. From Malik, there is a view like ours, and from him another: he may not revert to anything. From al-Shafi'i, there is a view like ours, and from him another: he may revert to the dower.

Section: If she enters into khul' with him for the guardianship of his child for ten years, it is valid, even if he does not mention the duration of the nursing

الحواشي

(15) Surah al-Baqarah: 233. (16) Surah Luqman: 14. (17) Surah al-Ahqaf: 15. (18) Its documentation has previously been provided in: 9/ 296. (19) In the copies: "ma'qudan". (20) In the original: "fawajaba". (21) In B and M: "mithluha".

السابقمجلد 10 · صفحة 285التالي
السابق10·285التالي