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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 10 · صفحة 9

الترجمة · EN

until the expiration of the waiting period. Those who argued for the expedition of the separation used as evidence His saying, the Almighty: "And do not hold onto marriage bonds with disbelieving women." Also, because that which necessitates the annulment of a marriage does not differ whether it is before consummation or after it, such as breastfeeding. As for us, we rely on what Malik narrated in his al-Muwatta (15), from Ibn Shihab who said: "There was about a month between the Islam of Safwan ibn Umayya and his wife, the daughter of al-Walid ibn al-Mughira. She embraced Islam on the day of the Conquest, and Safwan remained as he was until he witnessed Hunayn and al-Ta'if while he was a disbeliever, then he embraced Islam. The Prophet (may God bless him and grant him peace) did not separate them, and his wife remained with him under that [same] marriage." Ibn Abd al-Barr said: "The fame of this hadith is stronger than its chain of narration." Ibn Shihab also said: "Umm Hakim embraced Islam on the day of the Conquest, and her husband, Ikrimah, fled until he reached Yemen. She set out until she reached him in Yemen and invited him to Islam, so he embraced it. He then came and pledged allegiance to the Prophet (may God bless him and grant him peace), and they remained in their marriage (16)." Ibn Shubruma said: "During the time of the Messenger of God (may God bless him and grant him peace), it would happen that a man would embrace Islam before his wife, or the woman before her husband; whichever of them embraced Islam before the expiration of the woman's waiting period, she remained his wife, but if they embraced it after the waiting period, there was no marriage between them (17)." Furthermore, Abu Sufyan went out and embraced Islam in the Year of the Conquest before the Prophet (may God bless him and grant him peace) entered Mecca, and his wife Hind did not embrace Islam until the Prophet (may God bless him and grant him peace) conquered Mecca, and they remained in their marriage (18). Hakim ibn Hizam also embraced Islam before his wife (19). Abu Sufyan ibn al-Harith and Abdullah ibn Abi Umayya went out and met the Prophet (may God bless him and grant him peace) [in the Year of the Conquest] (21) at al-Abwa' (22), and they embraced Islam before their wives (23). It is not known that the Prophet (may God bless him and grant him peace) ever separated anyone who embraced Islam from his wife."

الحواشي

(15) In: The Chapter on the Marriage of an Idolater if his Wife Embraces Islam Before Him, from the Book of Marriage. al-Muwatta 2/543, 544. It is also recorded by al-Bayhaqi, in: The Chapter of Those Who Say the Marriage is Not Annulled Between Them by the Islam of One of Them, from the Book of Marriage. al-Sunan al-Kubra 186, 187. (16) Recorded by Malik, in the previous chapter. al-Muwatta 2/545. And al-Bayhaqi, in the previous chapter. (17) Al-Bayhaqi recorded something similar from Ibn Abbas, in the previous chapter. (18) Recorded by al-Bayhaqi, in the previous chapter. (19) See al-Isaba 2/113. (20) Omitted from: The original, B, and M. (21) Omitted from: The original. (22) Al-Abwa': A village in the jurisdiction of al-Far', from Medina. Mu'jam al-Buldan 1/100. (23) See: al-Sira al-Nabawiyya 4/400, 401.

السابقمجلد 10 · صفحة 9التالي
السابق10·9التالي