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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 233

الترجمة · EN

three years, for a client (mawlah) of Umar ibn Abd Allah carried for three years. Abbad ibn al-Awwam said: five years. And it is narrated from al-Zuhri that he said: A woman may carry for six or seven years. Abu Ubayd said: There is no time limit for its maximum that can be verified. Our argument is that in matters where there is no textual evidence (nass), one returns to what is found (existence), and gestation has been found to be for four (7) years. Al-Walid ibn Muslim reported that he said: I said to Malik ibn Anas: "The hadith of Jamila bint Sa'd, from Aisha: 'A woman does not exceed two years in pregnancy.'" Malik said: "Glory be to Allah, who says this? This is our neighbor, the wife of Muhammad ibn Ajlan, [carrying for four years before she gives birth (8). And al-Shafi'i said: Muhammad ibn Ajlan remained] (9) in his mother's womb for four years (10)." Ahmad said: The women of the Banu Ajlan carry for four years, and the wife of Ajlan carried three times, each instance being four years. And Muhammad ibn Abd Allah ibn al-Hasan ibn [al-Hasan ibn Ali] (11) remained in his mother's womb for four years. Likewise, Ibrahim ibn Najih al-Uqayli; Abu al-Khattab narrated this. Once its existence is established, it must be judged accordingly, and one should not exceed it, because that is what has been found, and because Umar set four years for the wife of the missing person (mafqud), and that was only because it is the limit of pregnancy. This is also reported from Uthman, Ali, and others. If this is established, then if a woman gives birth after four years or less, from the day of the husband's death (13) or his divorce, and she had not remarried, nor had intercourse, nor had her waiting period (iddah) expired by menstruation (quru'), nor by delivery of a child, then the child is affiliated (14) with the husband, and her waiting period expires by it.

الحواشي

(6) Dropped from M. (7) In the original and B: "four". (8) Reported by al-Bayhaqi, in: The Chapter of What Has Been Said Regarding the Maximum Gestation, from the Book of Waiting Periods. Al-Sunan 7/443. (9) Dropped from B. (10) Ibn Qutaybah mentioned that Muhammad ibn Ajlan was carried for more than three years, and when he was born, his teeth had already grown. Al-Ma'arif 595. (11) Dropped from the original manuscript. In B: "al-Husayn" instead of "al-Hasan". (12) In B: "yudhkar" (is mentioned). (13) In A: "mata" (he died). (14) In the original and M: "lahiq" (is affiliated).

السابقمجلد 11 · صفحة 233التالي
السابق11·233التالي