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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 567فصل

الترجمة · EN

or sold it and took its price, he does not violate the oath; for the oath does not encompass it by wording, intention, nor cause.

Section: If he performs an action involving her in which there is a favor (minnah) other than benefiting from the garment and its substitute, such as if he resided in her house, ate her food, or wore a garment of hers other than the garment sworn against, he does not violate the oath. This is because the subject of the oath was the garment, so his oath became attached to it, or to what was obtained by it, and did not extend to anything else, due to the specificity of the oath and the cause to it.

Section: If his wife favored him with a garment, and he swore not to wear it in order to sever her favor, and someone else bought it and then clothed him with it, or the one swearing bought it and wore it in a manner in which she had no favor, does he violate the oath? There are two views. The first is that he violates it, due to his contradicting his oath in wording, and because if the wording of the Lawgiver is more general than the cause, it is obligatory to take the generality of the wording rather than the specificity of the cause; this is the same in oaths. Also, if one of his wives argued with him and he said, "My wives are divorced," they all become divorced, even if the cause of the divorce was one [wife]; this is the same here. The second [view] is that he does not violate it; because the cause necessitated restricting his wording to what the cause was found in, so it became like that which was intended, or as if he had specified it with a verbal indication.

1836 - Issue; He said: (And if he swears not to dwell with his wife in a house, then he dwells with her elsewhere, he violates the oath if he intended to shun his wife, and there was no cause for the house that incited his oath).

This is also among the branches of considering intention. That is, whenever he intended to shun her by abandoning dwelling with her, and the house had no effect on his oath, the mention of the house was like its absence, as if he had sworn not to dwell with her.

الحواشي

(1) In M: "wa baʿḍuhu" (and some of it). (2) Omitted from M. (3) In B, M: "ghayruhu" (someone else). (4) In A: "bi-mukhalafatihi" (by his contradicting). (5) In B, M: "li-yaminihi" (regarding his oath). (6) Omitted from B. (7) In B: "lafzihi" (his wording). (1) In B, M there is an addition: "bi-yaminihi" (by his oath). (2) Omitted from A, B, M.

السابقمجلد 13 · صفحة 567التالي
السابق13·567التالي