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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 343فصل

الترجمة · EN

Section: If he says, 'You are divorced according to the Sunnah, if divorce occurs upon you according to the Sunnah,' and she is in the time of the Sunnah, she is divorced by the fulfillment of the condition. If she is not in the time of the Sunnah, the condition is voided, and no divorce occurs at all, because the requirement was not met. Similarly, if he says, 'You are divorced according to innovation (bid'ah), if divorce occurs upon you according to innovation,' if she is in the time of innovation, it occurs; otherwise, it does not occur at all. If she is someone for whom there is no Sunnah or innovation in her divorce, the Qadi mentioned two possibilities regarding her: First, that it does not occur in either case, because the condition was not met, and it is analogous to his saying, 'You are divorced if you are a Hashimite,' and she is not a Hashimite. Second, that she is divorced, because he stipulated an impossible condition for the occurrence of the divorce, so it was rendered void and the divorce occurred, just as if he said: 'You are divorced according to the Sunnah.' The first view is more sound. The Shafi'is hold two positions similar to these two.

Section: If he says, 'You are divorced the best of divorces,' or 'the most beautiful,' or 'the most just,' or 'the most complete,' or 'the most perfect,' or 'the most virtuous,' or says, 'a good divorce,' or 'a beautiful one,' or 'a just one,' or 'a Sunnah-compliant one,' all of this is an expression for a Sunnah-compliant divorce. Al-Shafi'i held this view as well. Muhammad ibn al-Hasan said: If he says, 'the most just divorce' or 'the best,' and the like, it is as we said. If he says, 'a Sunnah-compliant divorce' or 'a just one,' the divorce occurs immediately, because divorce is not characterized by time, and Sunnah and innovation are matters of timing; so if he describes it with something that it is not characterized by, the condition drops, just as if he said to one with whom marriage has not been consummated: 'You are divorced one revocable divorce' (9), or said to her: 'You are divorced according to the Sunnah and innovation' (10). Our view is that this is an expression for a Sunnah-compliant divorce, and it is valid to describe divorce as being in accordance with the Sunnah and being good, because at that time it is in agreement with the Sunnah and in accordance with the Law (Shar'); thus it is like his saying: 'the best of divorces.' It is distinct from his saying: 'a revocable divorce' (11), because revocation (raj'ah) only occurs within a waiting period (iddah), and she has no waiting period, so that does not result from his words. If he says, 'By saying "the most just divorce," I intended for it to occur during the state of menstruation, because that is more in line with her unpleasant disposition, and I did not intend the time,' and she was in menstruation, the divorce occurs; because this is an admission against himself that carries intensification. And if

الحواشي

(9) In B and M, after this, there is an addition: "or said to her: 'You are divorced one revocable divorce'." (10) In A: "or according to innovation." In B and M: "or the innovation." (11) Omitted from the original.

السابقمجلد 10 · صفحة 343التالي
السابق10·343التالي