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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 330فصل

الترجمة · EN

Section: The obligatory amount is half of the specified dowry, not half of the dower of a peer (mahr al-mithl), because he only has recourse for what he lost, and what he lost is half of what he settled upon her, so he has recourse for that. This is the opinion of Abu Hanifah. Al-Shafi'i said: He has recourse for half of the dower of a peer, because it is compensation for destroyed property, so the consideration is based on its value, not what he owned it by, like all other assets. Our argument is that the exit of the marital relationship from the husband's ownership has no value, as evidenced by the fact that if she were to kill herself, apostatize, or breastfeed someone through whose breastfeeding her marriage is rescinded, she would owe him nothing; the recourse here is for what he lost, so he does not have recourse for anything else. Also, because if he had recourse for the value of the destroyed property, he would have recourse for the entire dower of a peer and would not be restricted to half of it, because the destruction is not specific to the half. Furthermore, when the witnesses of a divorce before consummation retract their testimony, they are liable for half of the specified dowry, and it is the same here.

Section: Every woman whose daughter becomes forbidden [to the husband] if she breastfeeds his young wife, [thereby] corrupting his marriage and rendering her forbidden to him, is liable for half of the dowry. If his mother breastfeeds her, she becomes his sister; if his grandmother breastfeeds her, she becomes his paternal aunt or maternal aunt; [if his daughter breastfeeds her, she becomes his granddaughter]; and if his sister breastfeeds her, she becomes his niece. Every woman whose husband's daughter is forbidden to him, if she breastfeeds her with her husband's milk, she renders her forbidden to him, and she is liable for half of her dowry, such as his son's wife, his father's wife, his brother's wife, and his grandfather's wife. This is because if his father's wife breastfeeds her with his milk, she becomes his sister; if his son's wife breastfeeds her, she becomes his granddaughter; if his brother's wife breastfeeds her, she becomes his niece; and if his grandfather's wife breastfeeds her with his milk, she becomes his paternal aunt or maternal aunt. If the wife of any of these men breastfeeds her with the milk of someone else, she does not become forbidden to him, because she has become his husband's stepdaughter. And if she is breastfed by someone whose daughter is not forbidden [to the husband], such as his paternal aunt or maternal aunt, she does not render her forbidden to him. If a man marries his cousin, and their grandmother breastfeeds either one of them while they are young, the marriage is rescinded, because if she breastfeeds the husband, she becomes the paternal aunt of his wife; if she breastfeeds the wife, she becomes his paternal aunt; and if she breastfeeds both of them, each one of them becomes the paternal uncle of the other.

الحواشي

(11) In the original: "nor". (12) Dropped from [M]. (13) Dropped from [M]. (14) In al-Sharh al-Kabir: "his paternal aunt".

السابقمجلد 11 · صفحة 330التالي
السابق11·330التالي