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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 303

الترجمة · EN

the conditions of a gift. And if the woman says, 'I have guaranteed you a thousand,' it is not valid, because a guarantee is only regarding an obligation upon someone other than the guarantor for a due right, or one that is on its way to becoming due, and there is nothing of the sort here. Al-Qadi mentioned that it is valid, because the guarantee of that which has not yet become due is valid. I do not know the basis for this, unless he meant that if she said to him before he divorced her, 'I have guaranteed you a thousand, on the condition that you divorce me,' and he said, 'You are divorced, and you owe a thousand,' then he is entitled to the thousand. Likewise, if she says, 'Divorce me with one divorce for a thousand,' and he says, 'You are divorced, and you owe a thousand,' the divorce occurs, and she owes a thousand, because his statement, 'You are divorced,' is sufficient for the validity of khul' and entitlement to compensation, and what is conjoined to it is an affirmation. If they disagree, and he says, 'You requested from me a divorce for a thousand,' and she denies it, then her word is taken, because the fundamental principle is that it did not happen. If she swears, she is absolved of the compensation and becomes irrevocably divorced (ba'in), because his statement is accepted regarding her irrevocability (as that is his right), but it is not accepted regarding the compensation (as that is against her). This is the school of al-Shafi'i and Abu Hanifa. If he says, 'You did not request a divorce from me, rather I initiated it, and I have the right of return (raj'a) over you,' and she claims that it was a response to her request, the word is that of the husband, because the fundamental principle supports him, and the thousand is not binding upon her because he does not claim it. If he says, 'You are divorced upon a thousand,' the text narrated from Ahmad is that the divorce occurs as a revocable (raj'i) divorce, just like his saying, 'You are divorced, and you owe a thousand.' For he said in the narration of Muhanna, regarding a man who says to his wife, 'You are divorced upon a thousand dirhams,' and she says nothing: 'She is divorced, and he possesses the right of return a second time.' Al-Qadi said in 'Al-Mujarrad': 'That is for a condition, meaning: If you guarantee a thousand for me, then you are divorced.' So if she guarantees a thousand for him, the divorce occurs as irrevocable (ba'in), and if not, it does not occur. The same ruling applies if he says, 'You are divorced [on the condition that you owe me a thousand. According to the analogy of Ahmad's statement, the] divorce occurs

الحواشي

(20) In the original: 'with a right'. (21) In B and M: 'has sworn'. (22) Omitted from: the original. (23) Omitted from: A, B, and M. (24) In A: 'a thousand'. (25) Omitted from: A. (26) Omitted from: B and M, except for the word: 'Ahmad'.

السابقمجلد 10 · صفحة 303التالي
السابق10·303التالي