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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 170

الترجمة · EN

six months, he is from the husband; because we know that they are a single pregnancy, so if one of them is from him, the other is from him as well. If there is more than six months between them, he is not joined to the husband and is disavowed without lian (imprecation); because it is impossible for the two children to be a single pregnancy while the duration of pregnancy exists between them, so it is known that she conceived them after the cessation of the marital tie and the expiration of the waiting period, and her status being that of a stranger; thus, she is like all other stranger women. If he divorces her, she completes her waiting period by means of menstrual cycles (aqra'), then gives birth to a child before the passage of six months from her last cycle, he is joined to him; because we are certain that she did not conceive it after the expiration of her waiting period, and we know that she was pregnant with it during the time of the appearance of blood, so it follows that the blood was not menstruation, and thus her waiting period did not expire with it. If she produces the child after more than that, he is not joined to the husband. This is the opinion of Abu al-Abbas ibn Surayj. Others among the companions of al-Shafi'i said: He is joined to him; because it is possible that he is from him, and the child is joined by possibility. We argue that she produced him after the judgment of the expiration of her waiting period, at a time when it is possible that he is not from him, so he is not joined to him, just as if her waiting period had expired by the delivery of the pregnancy. Possibility is only considered while the marital tie or the waiting period remains; as for after them, possibility is not sufficient for joining him, and possibility is only sufficient for disavowing him. This is because the marriage bed is a cause, and with the existence of the cause, the possibility and probability of the rationale are sufficient. Thus, when the cause and its effects are negated, the ruling is negated due to its absence, and one does not pay heed to mere possibility. And Allah knows best. As for if she delivers him before the expiration of the waiting period for less than four years, he is joined to the husband and is not disavowed except by lian. If she delivers him after more than four years from the time of divorce, and he was irrevocably divorced (ba'in), he is disavowed without lian; because we know she conceived him after the cessation of the marriage bed. If he was revocably divorced (raj'i), and she delivers him after more than four years since the expiration of the waiting period, the same applies; because she conceived him after the finality of the divorce. If she delivers him after more than four years since the divorce, and for less than that since the expiration of the waiting period, there are two narrations: one of them is that he is not joined to him; because she did not conceive him before her divorce, so she resembled the irrevocably divorced woman.

الحواشي

(29) In (M): "fahum" (they are). (30) In (B) there is an addition: "according to the opinion of the majority". (31) Omitted from (A).

السابقمجلد 11 · صفحة 170التالي
السابق11·170التالي