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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 430فصل

الترجمة · EN

“then you are all divorced.” Then he repeated that a second time, they would be divorced three times each; because by repeating it, he is swearing by the divorce of each one of them, and his oath by the divorce of each one of them is a condition for the divorce of all of them. And if he said: “If I swear by the divorce of one of you, then you are all divorced.” Then he repeated that, each one of them would be divorced once; because “if” (in) does not require repetition. And if he said after that to one of them: “If I stand, you are divorced.” Each one of them would be divorced one more time. And if he said: “Whenever I swear by your divorce, then you are all divorced.” Then he repeated that, each one would be divorced once. And if he said after that to one of them: “If I stand, you are divorced.” None of them would be divorced. And if he said that to the two remaining ones, all would be divorced one time each.

Section: And if he said to his wife: “If I swear by the manumission of my slave, then you are divorced.” Then he said: “If I swear by your divorce, then my slave is free.” She becomes divorced. Then if he said to his slave: “If I swear by your manumission, then my wife is divorced.” The slave is freed. And if he said to him: “If I swear by the divorce of my wife, then you are free.” Then he said to her: “If I swear by the manumission of my slave, then you are divorced.” The slave is freed. And if he said to his slave: “If I swear by your manumission, then you are free.” Then he repeated that, the slave is freed.

Section: Divorce and manumission have been used in the manner of an oath and made as a response to it. So if he says: “You are divorced (if) I perform [the prayer/action].” And he performs it, his wife is not divorced; but if he does not perform it at the time he specified, he has broken his oath. This is the opinion of most of the scholars, including Sa’id ibn al-Musayyib, al-Hasan, ‘Ata’, al-Zuhri, Sa’id ibn Jubayr, al-Sha’bi, al-Thawri, and the People of Opinion (Ashab al-Ra’y). Shurayh said: His divorce occurs even if he performs it, because he uttered a divorce that was not suspended by a condition, so it occurred, just as if he had not performed it. Our position is that it is an oath in which he has been truthful (fulfilled it), so he does not break it, just as if he had sworn by Allah the Exalted. And if he said: “You are divorced, [by Allah] your brother is intelligent.”

الحواشي

(53) Omitted from: Al-Asl, B, M. (54) In Al-Asl: “my slave”. (55) Omitted from: B, M. And in Al-Asl, there is an addition: “the oath”. (56) In A: “And if” (wa-law).

السابقمجلد 10 · صفحة 430التالي
السابق10·430التالي