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المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 435فصل

الترجمة · EN

The occurrence of divorce by the condition only constitutes a divorcing with the existence of the condition. Thus, in the first case, the condition and the occurrence existed after his statement: "If I divorce you, then my slave is free." In the other case, nothing existed after that except the occurrence alone, so the condition was prior, and therefore the slave was not freed. If he said to his slave: "If I manumit you, then my wife is divorced," then said to his wife: "If I swear by your divorce, then my slave is free," then said to his slave: "If I do not strike you, then my wife is divorced," the slave is freed, and the wife is divorced.

Section: Whenever he suspends divorce upon conditions, and they are gathered in one thing, what was suspended upon each condition occurs, just as if they were found separately, and likewise with manumission. If he said to his wife: "If you speak to a man, you are divorced, and if you speak to a tall person, you are divorced, and if you speak to a black person, you are divorced," and she spoke to a tall, black man, she is divorced three times. If he said: "If you give birth to a girl, you are divorced, and if you give birth to a black person, you are divorced, and if you give birth to a child, you are divorced," and she gave birth to a black girl, she is divorced three times. If he said: "If you eat a pomegranate, you are divorced, and if you eat half a pomegranate, you are divorced," and she ate a pomegranate, she is divorced twice. If he said: "Whenever you eat a pomegranate, you are divorced, and whenever you eat half a pomegranate, you are divorced," and she ate a pomegranate, she is divorced three times; because "whenever" implies repetition, and in a pomegranate there are two halves, so she is divorced by eating both of them with two divorces, and by eating the pomegranate with one divorce. If he intended by his statement "half a pomegranate" a half separate from the stipulated pomegranate, or there was a context with the speech that implies that, he would not violate the oath until she eats what he intended to suspend the divorce upon; because oaths are based on intention.

Section: If he said: "If a man enters the house, then a slave of mine is free, and if a tall person enters it, then two slaves are free, and if a black person enters it, then three slaves are free, and if a jurist enters it, then four slaves are free," and a tall, black jurist enters it, ten of his slaves are freed.

الحواشي

(74) In B and M: "I manumit you". (75) Omitted from: the original manuscript. (76) In A: "And if". (77) An addition required for the context to be correct.

السابقمجلد 10 · صفحة 435التالي
السابق10·435التالي