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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 505فصل

الترجمة · EN

The first opinion is better, because writing that is not permanent is like whispering with the mouth in a way that is not clear, and in that case it does not occur, so it is even more so here.

Section: If he writes to his wife: "You are divorced." Then he pauses to get ink, and writes: "If my letter reaches you..." or he suspends it by a condition or an exception, and he was, at the time of writing the divorce, intending the condition, his divorce occurs immediately because he did not intend the divorce at the present time, rather he intended it at another time. If he intended the divorce at the present time without it being suspended by a condition, she is divorced immediately. If he intended nothing, and we say that the absolute [unqualified] writing causes divorce to occur, we must consider: if his pausing [to get ink] was due to a need or custom, no divorce occurs before the existence of the condition, because if he had said "You are divorced" and was then interrupted by breath or something that made him silent, and he was silent for that reason, then he followed it with a condition, the divorce would be attached to it; thus, writing is even more so. If he paused for no need and no custom, the divorce occurs, just as if he had remained silent after saying "You are divorced" for no need and then mentioned a condition. If he says, "I wrote it intending the condition," the analogy of our companions' view is that she is not divorced before the condition, although he is considered honest regarding his relationship with Allah. Is this accepted in a legal judgment? There are two opinions, based on their view regarding someone who says "You are divorced" and then says, "I intended to suspend it on a condition." If he writes to his wife: "Amma ba'd (to proceed), you are divorced," she is divorced immediately, whether the letter reaches her or not. Her waiting period ('iddah) begins from the moment he writes it. If he writes to her: "If my letter reaches you, you are divorced," and the letter reaches her, she is divorced upon its arrival to her; if it is lost and does not reach her, she is not divorced, because the condition is its arrival.

الحواشي

(35) In M: "al-kitab". (36) In the original: "yastabinu". (37) In M: "li-zawjatihi". (38) In A there is an addition: "fa-anti taliq". (39) In the original: "al-talaq". (40) In B: "fi al-hal". (41) In A, B, and M: "istimdadan". (42) In the original: "sakkathu".

السابقمجلد 10 · صفحة 505التالي
السابق10·505التالي