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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 12

الترجمة · EN

it is known that it will not occur within four months, such as the rising of the Hour, for it has signs that precede it, so it will not occur within four months. Likewise, if he says, "Until you come to India," or similar to that, this is a Muli (one who performs Ila'), because his oath is for more than four months. The second is what is predominantly not found within four months, such as the emergence of the Dajjal, the Beast, and other portents of the Hour, or if he says: "Until I die," or, "You die," or, "Your child dies," or, "Zayd dies," or, "Until Zayd arrives from Makkah." Customarily, he does not arrive within four months, so he is a Muli, because it is predominant that this will not occur within four months; it is like if he said, "By Allah, I will not have intercourse with you during this marriage of mine." The same applies if he attaches divorce to her illness or the illness of a specific person. The third is to attach it to a matter that may or may not occur within four months, with an equal probability, such as the arrival of Zayd from a nearby journey, or from a journey of unknown duration; this does not constitute Ila' because his oath is not known to be for more than four months, nor is it presumed to be. The fourth is to attach it to what is known to occur in less than four months, or is presumed to be so, such as the withering of vegetables, the drying of a garment, the arrival of rain in its season, or the arrival of the pilgrims in their time. This does not constitute Ila' for the reasons we mentioned, and because he did not intend to cause harm by abandoning intercourse for more than four months, so it is like if he said, "By Allah, I will not have intercourse with you for a month." The fifth is to attach it to an action of hers which she is capable of, or an action of someone else. This is divided into three categories: First, attaching it to a permissible action that involves no hardship, such as saying, "By Allah, I will not have intercourse with you until you enter the house," or, "wear this garment," or, "until I perform a supererogatory fast for a day," or, "until I clothe you." This is not Ila' because its occurrence is possible without harm to her; therefore, it is like the one preceding it. The second is to attach it to something forbidden, such as saying, "By Allah, I will not have intercourse with you until you drink wine," or, "commit adultery," or, "abort your child," or, "abandon the obligatory prayer," or, "until I kill Zayd," or similar. This is Ila' because he attached it to something legally prohibited, so it is like something physically impossible. The third is to attach it to something whose doer would suffer harm, such as saying, "By Allah, I will not have intercourse with you until you release me from your dower (Mahr)," or,

الحواشي

(34) In [A] and [B]: "fa-innahu yakun" (for then he is).

السابقمجلد 11 · صفحة 12التالي
السابق11·12التالي