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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 16فصل

الترجمة · EN

months, it is Ila'; because the expression allows for it, so it is directed towards it by his intention. If he intends a short duration, it is not Ila' for that reason. If he intends nothing, it is not Ila'; because it applies to both little and much, so it is not specifically determined for the much. If he says, "By Allah, I will not have intercourse with you for four months, and when they pass, by Allah I will not have intercourse with you for four months," or, "When they pass, by Allah I will not have intercourse with you for two months," or, "I will not have intercourse with you for two months, and when they pass, by Allah I will not have intercourse with you for four months," there are two views concerning it. One is that he is not a Muli; because he is swearing with each oath for a duration less than the duration of Ila', so he is not a Muli, just as if he had not intended [but its duration], [and because it is possible for him to have intercourse relative to each oath immediately following its duration] without breaking the oath in it, so it is similar to if he had limited it to that. The second is that he becomes a Muli; because he has prevented himself from intercourse by his oath for more than four consecutive months, so he is a Muli, just as if he had prevented her with a single oath, and because it is not possible for him to have intercourse after the duration except by breaking his oath, so it is similar to if he had sworn to that with a single oath. If this were not considered Ila', it would lead to him being able to prevent [himself] from intercourse for his entire life by means of an oath, and he would not be a Muli. This is the ruling for every two consecutive durations whose sum exceeds four, such as three months and three, or three and two, due to the two justifications we have mentioned. And Allah knows best.

Section: If he says, "If I have intercourse with you, then by Allah I will not have intercourse with you," he is not a Muli in the present; because no right is incumbent upon him by the act of intercourse, but if he does have intercourse with her, he becomes a Muli; because it remains an oath that prevents intercourse in perpetuity. This is the correct position according to Al-Shafi'i. It was narrated from him in an old opinion that he is a Muli [from the beginning; because it is not possible for him to have intercourse except by becoming a Muli], so he is afflicted by harm through the intercourse. Likewise, according to this opinion, if he says, "[If I] have intercourse with you, then by Allah I will not enter the house," he is a Muli from the beginning; so if he has intercourse with her, the Ila' is dissolved; because he is no longer prevented from having intercourse with her by an oath or otherwise, and he has merely

الحواشي

(45) In the original: "yabqa" (remains). (46) Omitted from the original. An academic note. (47) In [A, M]: "yamna'" (he prevents). (48) In [A, B, M]: "lam yakun" (he was not).

السابقمجلد 11 · صفحة 16التالي
السابق11·16التالي