ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 14 · صفحة 427فصل

الترجمة · EN

Section: If he suspends the emancipation of his slave woman upon a condition, we examine: if she is pregnant at the time of the suspension, the child follows her in it; because the child is like a limb of her body. If she is pregnant at the time the condition is fulfilled, he becomes free with her for that reason. If she becomes pregnant after the suspension and gives birth before the condition is fulfilled, the child does not follow her in the condition, and he does not become free upon its fulfillment. There is another view that he becomes free through her and follows his mother in that. The companions of al-Shafi'i have two views like these two. The basis for him following her is that she gained the right to freedom, so her child follows her, like the mudabbarah. As for us, he owns her with complete ownership, and he is permitted to dispose of her person through various types of dispositions, without disagreement; thus, her child does not become free with her emancipation, like the one whose emancipation is bequeathed or the one whose emancipation is commissioned. It differs from the mudabbarah, for tadbir is more emphatic, for the reasons we mentioned, and because of this, there is disagreement regarding the permissibility of selling her and disposing of her.

Section: As for the child of the mudabbar, his ruling is the ruling of his mother. We know of no disagreement regarding this. This is the opinion of Ibn Umar, 'Ata', al-Zuhri, al-Awza'i, and al-Layth; this is because the child follows the mother in slavery and freedom. If he has intercourse with her by permission of his master and children are born to him, it was narrated from Ahmad that they follow him in the tadbir. This was also narrated from Malik. It is one of the two views of the companions of al-Shafi'i; because the permission for intercourse is based on the establishment of ownership, and the child of a free man from his slave woman follows him in freedom (not his mother), so too the child of the mudabbar from his slave woman follows him without her, and because he is the child of one who merits freedom from his slave woman, so he follows him in that, like the child of the mukatab from his slave woman.

Section: If the mudabbarah gives birth, then he retracts her tadbir—and we hold the view of the validity of retraction—her child does not follow her; because the separated child does not follow in freedom or tadbir, so it is even more appropriate regarding retraction. If he retracts his tadbir alone, it is permissible; because if retraction is permissible in the mother who is the subject of tadbir, then it is more appropriate in others. If he retracts her tadbir, it is permissible, just as if he had performed tadbir for her and her separated son. If he performed tadbir for her while pregnant, then...

الحواشي

(6) Omitted from B. (7) In the original: "ishtara" (bought). (8) In the original: "al-shira'" (buying). (9) In M: "dunaha" (without her). (10) In the original: "yatba'uha" (she follows her). (11) Omitted from B.

السابقمجلد 14 · صفحة 427التالي
السابق14·427التالي