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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 563١٢٩٤ - مسألة؛ قال: (وإذا قال: قد ارتجعتك. فقالت: قد انقضت عدتى قبل رجعتك. فالقول قولها ما ادعت من ذلك ممكنا)

الترجمة · EN

1294- Issue: He said: "If he says: 'I have returned you,' and she says: 'My waiting period expired before your return,' then her statement is accepted as long as what she claims is possible."

The entirety of this matter is that if a woman claims the expiration of her waiting period ('iddah) within a duration in which it is possible for it to expire, her word is accepted. This is based on the saying of Allah the Exalted: "And it is not lawful for them to conceal what Allah has created in their wombs." It has been said in interpretation: it means menstruation and pregnancy. If their statement were not accepted, they would not be held accountable for concealing it. Furthermore, it is a matter known exclusively to her, so her statement regarding it is accepted, just like an individual's intention in matters where intention is considered, or in any matter that is not known except through her. Thus, her statement is accepted regarding it, just as it is mandatory for a Follower (Tabi'i) to accept the report of a Companion (Sahabi) from the Messenger of Allah (peace and blessings of Allah be upon him). As for what brings the waiting period to an end, it falls into three categories. The first category is that she claims the expiration of her waiting period by means of menstrual cycles (quru'). The minimum for this is based on the disagreement regarding the minimum period of purity between two menstruations, and on the disagreement regarding the cycles (quru'): are they menstruations or periods of purity? If we say they are menstruations, and the minimum period of purity is thirteen days, then the minimum time in which the waiting period expires is twenty-nine days and a moment. This occurs if he divorces her at the very end of her purity, then she menstruates after that for a day and a night, then remains pure for thirteen days, then menstruates for a day and a night, then remains pure for thirteen days, then menstruates for a day and a night, then remains pure for a moment, to establish by it the cessation of menstruation. Even if this moment is not part of her waiting period, it is necessary to identify the cessation of her menstruation. If his return coincides with it, it is not valid. Whoever considers performing the ritual bath (ghusl) in the expiration of the waiting period, there must be an amount of time in which the bath is possible after the cessation of menstruation.

الحواشي

(1) In the original: "idha" (if). (2) Surah Al-Baqarah, 228. (3) Omitted from B and M. (4) Omitted from the original. (5) Omitted from the original. Note the examination. (6) In B: "sadafaha" (coincided with her). (7) In M: "qada'" (expiration).

السابقمجلد 10 · صفحة 563التالي
السابق10·563التالي