ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 535فصل

الترجمة · EN

a dirham remains owed by him." Also, because his manumission is valid, he cannot marry more than two women, and he cannot marry or take a concubine except with his master's permission. These are the rulings of slaves, so his divorce is like the divorce of other slaves. Al-Athram recorded in his "Sunan" from Sulayman ibn Yasar that Nufay', the mukatab of Umm Salamah, divorced a free woman twice. He asked 'Uthman and Zayd ibn Thabit about that, and they both said: "She has become unlawful to you." The mudabbar (slave promised freedom upon the master's death) is like the absolute slave (qinn) regarding his marriage and divorce, and likewise the one whose manumission is suspended upon a condition, because he is a slave, so the rulings of slaves are established upon him.

Section: Ahmad said, in the narration of Muhammad ibn al-Hakam: If a slave is half-free and half-enslaved, he may marry three [wives] and divorce [his wife] three times. Likewise, all that is divided by calculation; he was only granted marriage to three because the number of permissible spouses is divisible, so it must be divisible in his case, like the hadd (punishment). Therefore, he has the right to marry half of what a free man marries and half of what a slave marries, and that is three. As for divorce, it is not possible to divide it in his case, because the requirement of his status would be that he has three-quarters of a divorce, and he does not have three-quarters [so it is completed in his case, and because the basis is establishing three divorces for every husband who divorces], but an exception was made for the one whose slavery is complete, so for anyone other than him, it remains upon the original basis.

Section: If a slave divorces his wife twice, then becomes free, his wife is not lawful for him until she marries a husband other than him, because she became prohibited to him by divorce in a manner that does not become lawful except through a husband and consummation, and that was not found.

الحواشي

(7) Its verification was previously mentioned in: 6/267. (8) In the original: "Umm Sulaym". (9) Recorded by al-Bayhaqi, in: Chapter on the divorce of the slave without his master's permission, from the Book of Khul' and Divorce. Al-Sunan al-Kubra 7/360. (10) In the original: "al-'abd" (the slave). (11) In M: "li-annahu" (because it). (12) Omitted from: M. (13) Omitted from: the original. (14) In A and M: "yanhall" (is dissolved).

السابقمجلد 10 · صفحة 535التالي
السابق10·535التالي