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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 565

الترجمة · EN

she is believed, based on the hadith: "The woman is trusted regarding her private parts." This is also because for her to have three menstrual periods in a month is extremely rare, so it is strengthened by evidence; whereas this is not rare in a period exceeding a month in the same way it is in a month, so her statement is accepted without evidence. Al-Shafi'i said: Her statement is not accepted in less than thirty-two days and two moments, and it is never accepted in less than that under any circumstances, because no waiting period is conceivable as less than that. Al-Nu'man said: She is not believed in less than sixty days. His two companions said: She is not believed in less than thirty-nine days, because the minimum menstruation according to them is three days, so three menstrual periods are nine days, and two periods of purity are thirty days. The disagreement regarding this is based on the disagreement concerning the minimum duration of menstruation, the minimum period of purity, and the definition of the menstrual cycles (quru'), which has already been discussed. Among the evidences for this, in general, is the acceptance by Ali and Shurayh of her evidence regarding the expiration of her waiting period in a month. If it were not conceivable, evidence would not be accepted for it, nor would a claim be heard, and it is not conceivable except in the way we have stated. As for if she claims the expiration of the waiting period in less than that, her claim is not heard, nor is her evidence given attention, because we know her to be lying. If she persists in her claim until enough time has passed that her truthfulness is possible, we shall consider it; if she remains on her rejected claim, her statement is not heard because she is claiming something impossible. If she claims that her waiting period expired during this entire duration, or within what is possible of it, her statement is accepted because her truthfulness is possible. There is no difference in that between a dissolute woman and an upright one, nor between a Muslim and a disbeliever, because that for which a person's statement regarding themselves is accepted does not differ based on their state, just like their report regarding evidence in matters where evidence is considered.

الحواشي

= 419. And Sa'id ibn Mansur, in: The Chapter on the Woman Who Is Divorced Once or Twice..., from the Book of Divorce. Al-Sunan, 1/309, 310. It was previously mentioned briefly in: 1/391. (15) Narrated by Al-Bayhaqi, in: The Chapter on Believing the Woman Regarding What Can Possibly Constitute the Expiration of Her Waiting Period, from the Book of Waiting Periods. Al-Sunan al-Kubra, 7/418. And Sa'id ibn Mansur, in: The Chapter on the Woman Who Is Divorced Once or Twice..., from the Book of Divorce. Al-Sunan, 1/310. And Ibn Abi Shaybah, in: The Chapter on Whoever Said: The Woman Is Trusted Regarding Her Private Parts, from the Book of Divorce. Al-Musannaf, 5/282. It is mawquf (attributed to a Companion) to Ubayy ibn Ka'b and Ubayd ibn Umayr. (16) In A, B, and M: "indahu" (according to him). (17) Omitted from B. (18) Omitted from the original. (19) In A: "idda'at" (she claimed).

السابقمجلد 10 · صفحة 565التالي
السابق10·565التالي