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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 200

الترجمة · EN

Umar, Ali, Ibn Abbas, Sa‘id ibn al-Musayyib, al-Thawri, al-Awza‘i, al-‘Anbari, Ishaq, Abu ‘Ubayd, and the proponents of ra’y (opinion). It was also narrated from Abu Bakr al-Siddiq, ‘Uthman ibn ‘Affan, Abu Musa, ‘Ubadah ibn al-Samit, and Abu al-Darda’. Al-Qadi said: The correct position from Ahmad is that the aqra’ (plural of qur’) are menstruations. This is the view adopted by our companions, and he retracted his statement regarding it being the periods of purity, saying in the narration of al-Naysaburi: "I used to say that it is the periods of purity, and today I hold that the aqra’ are menstruations." He also said in the narration of al-Athram (14): "I used to say the periods of purity, then I stopped [in deference] to the statement of the elders." The second narration from Ahmad is that the quru’ are the periods of purity. This is the view of Zayd, Ibn ‘Umar, ‘A’ishah, Sulayman ibn Yasar, al-Qasim ibn Muhammad, Salim ibn ‘Abd Allah, Aban ibn ‘Uthman, ‘Umar ibn ‘Abd al-‘Aziz, al-Zuhri, Malik, al-Shafi‘i, and Abu Thawr. Abu Bakr ibn ‘Abd al-Rahman said: "I have not met any of our jurists who did not say this." Ibn ‘Abd al-Barr said: "Ahmad returned to the view that the quru’ are the periods of purity." He said, in the narration of al-Athram: "I saw that the hadiths from those who said 'the quru’ are menstruations' conflict, while the hadiths from those who said 'it is more deserving for her until she enters the third menstruation' are authentic and strong (15)." Those who said this argued using the saying of Allah the Almighty: "Divorce them for their ‘idda (waiting period)" (16), meaning: within their ‘idda, like His saying: "We shall set up the scales of justice for the Day of Resurrection" (17), meaning: on the Day of Resurrection. He only commanded divorce during a period of purity, not during menstruation. This is evidenced by the statement of the Prophet (peace be upon him) in the hadith of Ibn ‘Umar: "Command him to take her back until she is pure, then she menstruates, then she is pure. Then, if he wishes, he may divorce her, and if he wishes, he may retain her. That is the ‘idda which Allah the Almighty has commanded that women be divorced for." Agreed upon (18). In the narration of Ibn ‘Umar: "Divorce them at the beginning (19) of their ‘idda."

الحواشي

(14) In one addition: "indeed". (15) The waw was dropped from the original. (16) Surah al-Talaq 1. (17) Surah al-Anbiya 46. (18) Its derivation has preceded in 1/444. (19) Its derivation was dropped from the original.

السابقمجلد 11 · صفحة 200التالي
السابق11·200التالي