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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 449فصل

الترجمة · EN

the things sworn upon, for he violates the oath by one of them here. If he says: "You are divorced if you eat then wear [clothes]," or "If you eat and then wear [clothes]," she is not divorced until she eats and then wears [clothes]; because the fa (then) and thamma (then) are for sequence. If he says: "You are divorced if you eat, when you wear [clothes]," or "If you eat, whenever you wear [clothes]," or "If you eat, if you wear [clothes]," she is not divorced until she wears [clothes] and then eats; because the wording necessitates the suspension of the divorce upon eating after wearing, and grammarians call this the 'interposition of a condition [upon a condition],' which necessitates bringing forward the postponed and postponing the brought-forward; because he made the second, in terms of wording, a condition for that which preceded it, and a condition precedes the conditional. Allah Almighty says: "And my advice will not profit you, if I intended to give you advice, if Allah intends to misguide you" [Hud: 34]. If he were to say to his wife: "If I give to you, if I promise you, if you ask me, then you are divorced," she is not divorced until she asks him, then he promises her, then he gives to her; because he made the promise a condition for the gift, and the request a condition for the promise, so it is as if he said: "If you ask me, then I promise you, then I give to you, then you are divorced." This is the opinion of Abu Hanifa and al-Shafi'i. The Qadi said: If the condition is with 'idha' (when) as in our example, and in the case where it is with 'in' (if) like his saying: "If you drink, if you eat," it is that she is divorced by the existence of both, however they are found; because people of custom (urf) do not know what the people of Arabic say regarding this, so the oath relates to what the people of custom know, unlike when the condition is with 'idha'. The correct view is the first, and the people of custom have no custom regarding this, for this speech is not circulated among them, nor do they speak it except rarely, so it is mandatory to return in it to its requirement according to the people of the language, like the rest of the issues in this section.

Section: If he says: "You are divorced anna (that) you stand up," with the hamza opened, Abu Bakr said: She is divorced

الحواشي

(40) In the original: "ta'alluq" (suspension). (41) Omitted from: B, M. (42) Surah Hud, 34. (43) In A, B, M: "sa'altini" (you asked me). (44) In B, M: "al-sha'n" (the affair).

السابقمجلد 10 · صفحة 449التالي
السابق10·449التالي