ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 342فصل

الترجمة · EN

it does not occur either, except according to the view of one who considers the divorce of a pregnant woman to be a divorce of the Sunnah; for it ought to occur because the condition is met, just as if she had menstruated and then became pure.

Section: If he says to her (5): 'You are divorced one divorce in every period (qur'),' and she is one who experiences the period, a divorce occurs in every period. If she is in the period, one divorce occurs immediately, and two divorces occur for her in two other periods at the beginning of each, regardless of whether we say the period is menstruation or purity. This applies whether marriage has been consummated or not, except that the one with whom marriage has not been consummated becomes irrevocably divorced (tabin) by the first divorce. If he marries her again, another divorce occurs for her in the second period. The same ruling applies to the third. If she is a young girl, and we say the period is menstruation, she is not divorced until she menstruates, at which point she is divorced one divorce in every menstruation. If we say the period is purity, it is possible that she is divorced one divorce immediately, then is not divorced until she menstruates, then becomes pure, at which point the second occurs, and then the third occurs in the next purity (6); because the purity before the menstruation is all considered one period. It is also possible that she is not divorced until she becomes pure after menstruation, because the period is the purity between the two menstruations (7). Similarly, if the young girl menstruates during her waiting period (iddah), the purity that was before the menstruation is not counted as part of her waiting period, according to one of the two views. The ruling for the pregnant woman is the same as the ruling for the young girl, because the entire time of pregnancy is one period, according to one of the two views, if we say that the periods (aqra') are the purities. The other view is that it is not a period under any circumstances. If she is one who has despaired of menstruation, the Qadi said: She is divorced once under all circumstances, because he suspended her divorce on a condition that is impossible for her, so the condition became void (8) and the divorce occurred, just as if he said to her: 'You are divorced according to innovation.' When a pregnant woman is divorced during her pregnancy, she becomes irrevocably divorced upon giving birth, because her waiting period ends with it, so no other divorce follows her. If he initiates a new marriage with her, or takes her back before she gives birth, then she becomes pure from the postpartum bleeding, she is divorced another time, and then when she menstruates and becomes pure, the third occurs.

الحواشي

(5) Omitted from the original (al-Asl), B, and M. (6) In B and M, there is an addition: "then she becomes pure." (7) In the original: "two menstruations" (haydatayn). (8) Omitted from B and M.

السابقمجلد 10 · صفحة 342التالي
السابق10·342التالي