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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 403

الترجمة · EN

it. This is the view of Umar, his son, Ibn Mas'ud, Aishah, the seven jurists of Medina, Malik, and al-Shafi'i, based on the aforementioned verse. The second narration is that she has neither housing nor maintenance. This is the manifest (zahir) view of the Madhhab and the view of Ali, Ibn Abbas, Jabir, Ata', Tawus, al-Hasan, Ikrimah, Maymun ibn Mihran, Ishaq, Abu Thawr, and Dawud. Most Iraqi jurists said: She is entitled to housing and maintenance. This is also the view of Ibn Shubruma, Ibn Abi Layla, al-Thawri, al-Hasan ibn Salih, Abu Hanifah and his companions, al-Batti, and al-Anbari, because this is reported from Umar and Ibn Mas'ud, and because she is a divorced woman, so she is entitled to maintenance and housing just like the woman undergoing a revocable divorce (raj'iyyah). They refuted the report of Fatimah bint Qays with what was narrated from Umar, who said: "We will not abandon the Book of our Lord and the Sunnah of our Prophet for the saying of a woman." Aishah and Sa'id ibn al-Musayyab rejected this and provided an interpretation for it. Our evidence is what Fatimah bint Qays narrated: that her husband divorced her irrevocably (al-battah) while he was absent. He sent his agent to her with some barley, and she was dissatisfied with it. He said: "By Allah, you have no claim upon us for anything." She came to the Messenger of Allah (peace and blessings of Allah be upon him) and mentioned that to him. He said: "You have no maintenance or housing upon him." He then ordered her to observe her waiting period ('iddah) in the house of Umm Sharik. (Agreed upon). In another wording, the Messenger of Allah (peace and blessings of Allah be upon him) said: "Look, daughter of Qays, maintenance for a woman from her husband is only due when he has the right of return over her; if he does not have the right of return over her, then there is no maintenance or housing." This was narrated by Imam Ahmad, al-Athram, al-Humaydi, and others. Ibn 'Abd al-Barr said: The most authentic and compelling argument in terms of evidence and what is necessitated by it is the statement of Ahmad ibn Hanbal

الحواشي

(7) In B: "and it is the view". (8) It has preceded on page 301. (9) In A and M: "fasakhatathu" (she was dissatisfied with it). (10) In M: "tudhakkiruhu" (she mentioned it to him). (11) Omitted from A. (12) Its takhrij has preceded in: 6/307, 9/567. (13) In A there is an addition: "laha" (for her). (14) Its takhrij has preceded on page 302.

السابقمجلد 11 · صفحة 403التالي
السابق11·403التالي