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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 254

الترجمة · EN

with the compensation, like the witnesses of a divorce if they retract their testimony. Based on this, if he had not paid her the dowry, he does not recover anything, and if he had paid some of it, he recovers what he paid. It is possible that he recovers the dowry from him, and the woman recovers what remains of her dowry. Another report from Ahmad states that he recovers from him the dowry that the second settled upon her, because the ruin of the private parts (bid‘) is from his side, and the return to him is for its value, and the private part is only valued based on a husband or one who acts in his stead, so it is necessary to recover from him the second specified amount, not the first. Whether the second husband recovers from the wife what was taken from him? There are two reports regarding this, mentioned by Abu ‘Abd Allah ibn Hamid: One of them is that he recovers it, because it is a liability that burdened the husband due to his having had intercourse with her, so he recovers it, like the person deceived (al-maghrur). The second is that he does not recover it, which is more apparent, because the Companions did not rule for recovery. For Sa‘id ibn al-Musayyib narrated that ‘Umar and ‘Uthman ruled regarding a woman who does not know the fate of her husband, that she must wait four years, then observe the waiting period of one whose husband has died—four months and ten days—then marry if she wishes. If her husband comes, he is given the choice: either his wife, or the dowry. If he chooses the dowry, the dowry is upon her later husband, and she is established with him; if he chooses his wife, she is separated from her later husband until she completes her waiting period. And if her husband arrives while her later husband has died, she inherits, observes the waiting period of one whose husband has died, and returns to the first. It was narrated by al-Jawzajani. And because there is no deceit from the woman, he does not recover anything from her, just as in other cases. If we say: he recovers from her, then if he had paid her the dowry, he recovers it; if he had not paid it to her, he pays it to the first and recovers nothing from her; if he had paid some of it, he recovers what he paid. But if we say: he does not...

الحواشي

(69) In B: "wa-al-marju‘" (and that which is recovered). (70) In B: "ukhidhat" (she was taken). (71) In A, B, and M: "faraja‘a" (he recovered). (72) In M: "tatarabbaṣu" (she waits). Both have the same meaning. (73) Al-Bayhaqi recorded it in the chapter "Whoever said: She waits four years" from the Book of Waiting Periods (al-‘Idad), al-Sunan al-Kubra 7/445; and ‘Abd al-Razzaq in the chapter "She whose husband's fate is unknown" from the Book of Divorce (al-Talaq), al-Musannaf 7/85.

السابقمجلد 11 · صفحة 254التالي
السابق11·254التالي