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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 308

الترجمة · EN

the day the news reaches her. This has been narrated from Said ibn al-Musayyib and Umar ibn Abd al-Aziz. It is also narrated from Ali, al-Hasan, Qatadah, Ata al-Khurasani, and Khilas ibn Amr that her waiting period is from the day the news reaches her; because the waiting period is the abstention from certain things, and she did not abstain from them. Our proof is that if she were pregnant and delivered her child while not knowing of the separation from her husband, her waiting period would have ended; the same applies to all other types of waiting periods. Furthermore, it is a time following death or divorce, so it is incumbent upon her to observe the waiting period, just as if he were present. Additionally, the intention is not a consideration in the waiting period, evidenced by the fact that the waiting period for a minor and a mentally incapacitated woman ends without intention, and nothing is missing here except intention. It makes no difference whether she abstained from what women in their waiting period abstain from or did not abstain from it, for the obligatory mourning (ihdad) is not a condition for the waiting period. If she were to abandon it, whether intentionally or unintentionally, her waiting period would still end. Allah Almighty said: "Let them wait by themselves for three menstrual periods" (5), and He said: "Their waiting period is three months" (6), and He said: "And those who are pregnant, their term is until they deliver their burden" (6). Requiring mourning as a condition would contradict these texts, therefore it must not be a condition.

الحواشي

(3) The word "ma" (what) is missing from the original manuscript. (4) In the original: "ghayr" (other than). (5) Surah al-Baqarah: 228. (6) Surah al-Talaq: 4.

السابقمجلد 11 · صفحة 308التالي
السابق11·308التالي