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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 353فصل

الترجمة · EN

The measure of condiments is determined by the staple food; if it is said that a ratl (a weight measure) is sufficient with an uqiyyah (ounce) of oil, then that is what is assigned. On every Friday, [she is entitled to] a ratl of meat, and if one is in a place where meat is cheap, he adds a little more than a ratl to her portion. The Qadi mentioned something similar regarding condiments. This contradicts the statement of Allah, the Almighty and Majestic: "Let the man of means spend according to his means, and the man whose resources are restricted, let him spend out of what Allah has given him," and the statement of the Prophet (peace be upon him): "They have the right to receive from you their provision and clothing according to what is recognized (bil-ma'ruf)." Whenever a wealthy man provides the sustenance of a poor man, he has neither spent from his means nor provided for her according to what is recognized. Allah, the Almighty and Majestic, has distinguished between the wealthy and the poor in spending, and this [method of equating them] combines what Allah has separated. Furthermore, measuring condiments in the way they have described is an arbitrary imposition (tahakkum) for which there is no evidence, and it contradicts the custom and convention of people in their spending. Thus, such an opinion is not to be relied upon. Ibn Umar said: "The best of what you feed your families is bread and meat." The correct view is what we have mentioned: referring general spending in the Shari'ah back to the custom among people in their expenditures, regarding the wealthy, the poor, and the middle-income individual, just as we referred them back to that in the matter of clothing. This is because spending is part of the maintenance (mu'nah) of the wife that is the obligation of the husband, so its category varies according to wealth and poverty, just like clothing.

Section: The ruling for the mukatab (an enslaved person with a contract of manumission) and the slave is the ruling for the poor person, because they are not in a better state than him. As for one who is half-free, if he is wealthy, his ruling is that of the middle-income person, because he is in between: half of him is wealthy, and half of him is poor.

Section: It is obligatory for him to provide for the woman what she needs, such as a comb, oil for her hair, lotus leaves (sidr), or similar items with which she washes her hair, and anything that contributes to her cleanliness, because that is intended for hygiene, so it is incumbent upon him, just as it is incumbent upon a tenant to sweep and clean the house. As for dyeing (khiḍab), if the husband does not request it of her, it is not binding upon him because it is intended for adornment; but if he requests it of her, it is then upon him. As for perfume, what is intended from it for eliminating unpleasant odors—such as antiperspirant—is binding upon him because it is intended for hygiene. What is intended from it for pleasure and enjoyment is not binding upon him, because enjoyment is his right, so he is not obliged to provide what invites him to it. He is not obliged to buy medicines or pay the doctor's fee, because that is intended for repairing the body, so it is not binding upon him, just as it is not binding upon a tenant to build what falls of the house or to preserve its foundations. Likewise is the fee for the cupper and the phlebotomist.

الحواشي

(33) Omitted from [M]. (34) Omitted from [B]. (35) The "wa" (and) is omitted from [M]. (36) In the original and [A]: "bi-isarhi" (in his wealth). In [M]: "bil-ithar" (in preference). (37) In the manuscripts: "laysa" (is not).

السابقمجلد 11 · صفحة 353التالي
السابق11·353التالي