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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 20فصل

الترجمة · EN

as one determined by drawing lots, as in the case of divorce if he pronounces it on an indeterminate one among his wives. If he uses the term absolutely, he becomes a Muli with respect to all of them in the present; because he cannot have intercourse with any one of them except by breaking the oath. If he divorces one of them, or she dies, he remains a Muli with respect to the remainder. If he has intercourse with one of them, he breaks the oath, his oath is dissolved, and the ruling of Ila' falls away for the remainder; because it is a single oath, so when he breaks it once, he does not break it a second time. The ruling of the oath does not remain after he has broken it, unlike the case where he divorces one or one dies, for he has not broken it in that case, so the ruling of his oath remains regarding those of them who are left. This is the school of Al-Shafi'i. Al-Qadi mentioned that if he uses the term absolutely, the Ila' is in relation to one who is not specified. This is the choice of some of Al-Shafi'i's companions; because his wording pertains to an indefinite one, so it does not imply generality. We argue that the indefinite in the context of a negation implies generality, like His saying, "He has not taken a female companion," and His saying, "And there is no one like unto Him," and His saying, "And whoever Allah has not granted light - for him there is no light." And if a person says, "By Allah, I will not drink water from a water-skin," he breaks the oath by drinking from any water-skin whatsoever; thus, it is necessary to interpret the wording, in the absence of specification, according to its implication of generality. If he says, "I intended one specific woman" or "one indeterminate woman," it is accepted from him; because the wording allows for this possibility, which is not far-fetched. This is the school of Al-Shafi'i, except that if he leaves the one sworn against as indeterminate, he may specify her by his statement. The principle of this is mentioned in the [chapter on] divorce.

Section: If he says, "By Allah, I will not have intercourse with each one of you," he becomes a Muli with respect to all of them in the present, and his statement, "I intended one of them as specific" or "as indeterminate," is not accepted; because the word "each" (kull) removes the possibility of specification. Whenever he breaks the oath regarding some of them, the Ila' is dissolved for all, just like in the previous case.

الحواشي

(57) In the original: "tallaqa" (divorced). (58) Surah al-Jinn 3. In the copies: "wa lam yattakhidh sahibatan" (and He has not taken a female companion). (59) Surah al-Ikhlas 4. (60) Surah al-Nur 40.

السابقمجلد 11 · صفحة 20التالي
السابق11·20التالي