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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 493فصل

الترجمة · EN

Section: If he says, "You are divorced one divorce with it a divorce," two divorces take effect upon her. If he says, "with it two," three divorces take effect upon her, according to the analogy of the school. This is one of two views held by the companions of al-Shafi'i. Abu Yusuf said: Only one divorce takes effect, because when the divorce takes effect individually, it is impossible for anything else to be with it. Our argument is that he initiated three divorces with a wording that necessitates their taking effect together, so they all take effect, just as if he had said, "You are divorced three times." We do not concede that a divorce takes effect individually, for divorce does not take effect merely by uttering it; if it were to take effect thereby, it would not be valid to suspend it on a condition, nor would it be valid to describe it as three or otherwise. The same ruling applies if he says, "If I divorce you, then you are divorced with it a divorce," then says, "You are divorced," for she becomes divorced by two, due to what we have mentioned.

Section: If he says, "You are divorced one divorce after it a divorce," then says, "I intended that I would initiate a divorce after it," he is believed (deemed truthful). As for whether this is accepted in the legal ruling, it is derived from two narrations. If he says, "You are divorced one divorce before it a divorce," and says, "I intended that I divorced her before this in another marriage," or "that a husband before me divorced her," he is believed. As for whether this is accepted in the legal ruling, there are three views: the first is that it is accepted; the second is that it is not accepted; and the third is that it is accepted if it actually occurred, and if it did not occur, it is not accepted. The correct view is that if it did not occur, it is not accepted, because his statement does not admit of that.

Section: If he says, "You are divorced, divorced, divorced," and says, "I intended emphasis," it is accepted from him, because speech is repeated for emphasis, like his, peace be upon him, statement: "Her marriage is void, void, void." If he intended to initiate (divorces) and repeated the divorces, she becomes divorced three times. And if he did not intend

الحواشي

(10) In B: "al-lafẓ" (the wording). (11) In A: "idhā" (when). (12) In A, B, and M: "ṭallaqa" (he divorced). (13) In the original: "li-al-taʾkīd" (for emphasis). (14) Its takhrīj (documentation) preceded in: 9/346. (15) In the original and B: "fa-dhakara" (then he mentioned). In A: "wa-takrīr" (and repetition).

السابقمجلد 10 · صفحة 493التالي
السابق10·493التالي