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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 59

الترجمة · EN

And because annulment is only established through a scriptural text (nass), consensus (ijma'), or analogy (qiyas), and there is no text regarding other than these, nor is there consensus, and it is not valid to draw an analogy between them and these defects due to the difference between them. Abu Bakr and Abu Hafs said: If one of them cannot retain their urine or stool, the other has the option to annul. Abu al-Khattab said: It is also derived from this that one who has hemorrhoids (basur), a fistula (nasur), or flowing ulcers in the vagina possesses an option, because these cause aversion and their impurity transmits. One who cannot hold their feces is called sharim, and one who cannot hold her urine is called mashula, and the like among men is called afin. Abu Hafs said: Castration (khisa') is a defect by which one may return (the spouse). This is one of the two opinions of al-Shafi'i, because it contains deficiency and shame, and it prevents or weakens intercourse. Abu Ubayd narrated with his chain of authority from Sulayman ibn Yasar that Ibn Sandar married a woman while he was a eunuch, so Umar said to him: "Did you inform her?" He said: "No." He said: "Inform her, then give her the option." Regarding bad breath (bakhar) and one of the spouses being intersex (khuntha), there are two views. One of them is that an option is established because it contains aversion, deficiency, and shame; and bakhar is foul breath. Ibn Hamid said: It is a foul odor in the vagina that erupts during intercourse. If he meant that it is also called bakhar and the option is established, then so be it; otherwise, it has no meaning, for foul breath is called bakhar and it prevents intimate relations with one's spouse except with aversion. As for anything else, it does not establish an option according to a single view, such as ringworm, blindness, lameness, or the amputation of hands and feet, because it does not prevent enjoyment nor is its transmission feared. We know of no disagreement among the scholars regarding this, except that al-Hasan said: If one finds the other to be sterile, they are given an option. Ahmad preferred that their condition be clarified, and said: "Perhaps his wife wants children." This is in the beginning of the marriage; as for annulment, it is not established by it, for if it were established by that, it would be established for one who has reached menopause. And because that is not known, for there are men who do not produce children when they are young, then they produce children when they are old, and that is not verifiable for them both. As for the rest of the defects, no annulment is established by them according to them. And Allah knows best.

Fourth Chapter: If one of them finds a defect in the other, while they themselves have a defect of a different kind—such as a leper who finds the woman to be insane or leprous—each of them has the option to annul, due to the presence of its cause. Except if a castrated man (majbub) finds the woman to be imperforate (ratqa'), it is not appropriate for an option to be established for them; because his defect is not the one preventing his partner from enjoyment, rather, it was prevented due to his own defect. If one of them finds a defect in their partner that they also possess, there are two views: one is that they have no option, because they are equal and neither has an advantage over the other, so they resemble two healthy people. The second is that they have the option due to the presence of its cause, so it resembles the case where a slave is deceived into marrying a slave-girl.

الحواشي

(19) In A, B, and M: "hadha". (20) In M: "wal-nasur". And they have the same meaning. (21) Al-najw: That which exits from the belly, such as gas and feces. (22) In A and B: "al-masula". (23) Narrated by Ibn Abi Shaybah in: "Chapter on what they said about a woman married to a eunuch," from the Book of Marriage. Al-Musannaf 4/406. With slight differences in its wording. (24) In A and M: "hadha". (25) In B and M: "tabyin".

السابقمجلد 10 · صفحة 59التالي
السابق10·59التالي