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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 332

الترجمة · EN

{And whoever fears Allah, He will make for him a way out} (9). [And whoever combines the three [divorces], no matter remains for him that might occur, and Allah will not make for him a way out nor ease in his affair] (10). Al-Nasa'i reported (11) with his chain of narration from Mahmud ibn Labid who said: The Messenger of Allah (may Allah bless him and grant him peace) was informed about a man who divorced his wife three times all at once, so he became angry and then said: "Is the Book of Allah being played with while I am still among you?" until a man stood up and said: "O Messenger of Allah, shall I not kill him?" In the hadith of Ibn Umar, he said: "I said, O Messenger of Allah, what if I had divorced her three times?" He said: "Then you would have disobeyed your Lord, and your wife would have become separated from you" (12). Al-Daraqutni reported (13) with his chain of narration from Ali, who said: The Prophet (may Allah bless him and grant him peace) heard a man divorce his wife (14) by finality (al-battah), so he became angry and said: "Do you treat the signs of Allah with mockery, or the religion of Allah with mockery or play (15)? Whoever divorces by finality (al-battah), we bind him to three [divorces], and she shall not be lawful for him until she marries a husband other than him." This is because it is a prohibition of the private parts by the word of the husband without necessity, so it is prohibited just like zihar; indeed, this is even more deserving of prohibition because the prohibition of zihar is lifted by expiation, while this has no way for the husband to lift it under any circumstances. Furthermore, it is harm and causing injury to himself and his wife without necessity, so it enters into the generality of the prohibition. It may also be a means to his returning to her in a forbidden manner, or through a ruse that does not remove the prohibition, and it leads to regret, and the loss of this world and the Hereafter. Therefore, it is more deserving of prohibition than divorce during menstruation, the harm of which is her remaining in the waiting period for a few days, or divorce during a state of purity in which he has had intercourse with her, the harm of which is the possibility of regret upon the appearance of pregnancy; for the harm of combining the three is multiplied many times over compared to that. The prohibition there is an alert regarding the prohibition here. Moreover, it is the statement of those whom we have named among the companions, as reported by al-Athram and others, and no contradiction to their statement has reached us as being authentic from their era, so it constitutes a consensus (ijma').

الحواشي

(9) Surah al-Talaq, 4. (10) Omitted from the original copy. Refer to an alternative scholarly view. (11) In: The Chapter of the Combined Three and the Severity Therein, from the Book of Divorce. al-Mujtaba 6/116. (12) Its authentication was provided previously on page 327. (13) In: The Book of Divorce, Khul', Ila', and others. Sunan al-Daraqutni 4/20. (14) Omitted from: A, B, M. (15) In A: "and play".

السابقمجلد 10 · صفحة 332التالي
السابق10·332التالي