ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 417فصل

الترجمة · EN

for her divorce, and no innovation: "You are divorced according to the Sunnah." He said in "al-Mujarrad": It does not occur, because its condition was not realized, for its implication is the occurrence of the divorce if tomorrow comes during the day, and tomorrow does not come until the day has passed and the object of the divorce is gone. This is the view of the companions of al-Shafi'i.

Section: If he says: "You are divorced yesterday," and he has no intent, then the apparent meaning of Ahmad's words is that the divorce does not occur. It was narrated from him regarding one who said to his wife: "You are divorced yesterday," while he only married her today: It is nothing. This is the view of Abu Bakr. The Qadi said in some of his books: The divorce occurs. This is the school of al-Shafi'i; because he described the divorce with that which it cannot be described with, so the description became void, and the divorce occurred, just as if he said to someone for whom there is no Sunnah or innovation: "You are divorced according to the Sunnah." Or he said: "You are divorced with a divorce that is not binding upon you." The point of view of the former is that divorce is the removal of permissibility, and it is not possible to remove it in the past time, so it did not occur, as if he said: "You are divorced two days before Zayd's arrival." If he arrives today, our companions did not differ that the divorce does not occur. This is the view of the majority of the companions of al-Shafi'i, and this is a divorce in a past time. And because he suspended the divorce on an impossible thing, so it became void, as if he said: "You are divorced if you turn the stone into gold." If he said: "You are divorced before I married you," the ruling regarding it is as if he said: "You are divorced yesterday." The Qadi said: I saw in the handwriting of Abu Bakr, in a "separate part," that he said: If he says: "You are divorced before I married you," she is divorced. If he said: "You are divorced yesterday," it does not occur; because yesterday is a time in which it is not possible for the divorce to occur, whereas 'before marrying her' is a conceivable existence, for it is possible that he marries her a second time, and this time is before that, so it occurs immediately, as if he said: "You are divorced before Zayd's arrival." If he intended by his saying: "You are divorced yesterday," or "before I married you," to cause the divorce to occur immediately, leaning upon that time, it occurs immediately. And if he intended to inform that he, or a husband before him, had already divorced her in that time he mentioned, and that had been found, it is accepted from him. If it had not been found, his divorce occurs. Abu al-Khattab mentioned this. The Qadi said: It is accepted according to the apparent meaning of Ahmad's words, because he interpreted it as that which it could bear, and did not stipulate existence.

الحواشي

(25) Omitted from: [A].

السابقمجلد 10 · صفحة 417التالي
السابق10·417التالي