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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 354فصل

الترجمة · EN

Section: Clothing for her is obligatory by the consensus of the people of knowledge, due to the texts we have mentioned, and because it is indispensable to her on a continuous basis, thus it is incumbent upon him, like maintenance. This is determined by her sufficiency and is not legally fixed (by a specific quantity in Shari'ah), as we stated regarding maintenance. The followers of al-Shafi'i agree on this, and the matter is referred back to the Ijtihad (legal discretion) of the judge. He assesses it for her according to the measure of her sufficiency, according to the extent of their wealth or poverty, and what the custom of their likes has established regarding clothing. The judge exercises his discretion in this when the situation arises, similar to his discretion regarding the mut'ah (consolation gift) for a divorced woman, and as we said regarding maintenance. He assesses for a wealthy woman married to a wealthy man the finest garments of the land, such as linen, khazz (silk-blend fabric), and ibrisam (pure silk), and for a poor woman married to a poor man, thick cotton and linen. For a middle-income woman married to a middle-income man, he assesses the average of that. The minimum that is obligatory of this includes a chemise (qamis), trousers (sarawil), a head covering (maqna'ah), footwear (madas), and a cloak (jubbah) for winter. He adds to the number of garments what custom has established for wearing, which she cannot do without, excluding what is for adornment and decoration. The fundamental basis for this is the saying of Allah, the Almighty and Majestic: "And upon the father is the provision and clothing of them according to what is recognized," and the saying of the Prophet (peace be upon him): "They have the right to receive from you their provision and clothing according to what is recognized." Clothing according to what is recognized is the clothing that the custom of her likes has established for wearing, and the saying of the Prophet (peace be upon him) to Hind: "Take what suffices you and your child according to what is recognized."

الحواشي

(38) In [M]: "lit-tatayyub" (for perfuming). (39) In [B]: "fi al-shar'" (in the Shari'ah). (40) In [A]: "ghalizuha" (its thick version). (41) Omitted from [B].

السابقمجلد 11 · صفحة 354التالي
السابق11·354التالي