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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 381فصل

الترجمة · EN

another. If evidence (bayyina) is established for the other regarding his lineage, it is acted upon, and his [previous] affiliation is voided; because it [evidence] invalidates the statement of the physiognomist (qafa), which takes precedence over simple affiliation (intisab), so it is more fitting that it should invalidate the affiliation. If a physiognomist is found after his affiliation and attributes him to someone other than the one he affiliated himself with, his affiliation is also voided; for this is stronger, and through it, the affiliation is voided just like the evidence is with the statement of the physiognomist.

Section: If two women claim the lineage of a child, this is based on the admissibility of their claims. If they are from the category of people whose claims are not admissible, their claims are not heard. If one of them is someone whose claim is heard and the other is not, he is her son, similar to one who claims him alone. If both of them are from the category whose claims are heard, then they are like two men in terms of establishing it through evidence or the physiognomist being consulted in the absence of evidence. Ahmad said, in a narration by Bakr ibn Muhammad, regarding a Jewish woman and a Muslim woman who gave birth, and the Jewish woman claimed the son of the Muslim woman, he hesitated. It was asked: Should the physiognomist be consulted? He replied: "How excellent that is." This is because resemblance is found between her and her son, just as it is found between a man and his son, or even more so, due to her uniqueness in bearing and nursing him. A disbelieving woman and a Muslim woman, and a free woman and a slave woman, are the same regarding the claim, just as we stated regarding the man. This is the position of the companions of Al-Shafi'i, in the aspect where they hold that her claim is admissible. If the physiognomist attributes him to both mothers, he is not attributed to both, and the statement of the physiognomist is voided; because we know with certainty that it is an error. The proponents of the School of Opinion (Ashab al-Ra'y) said: He is attributed to both of them by mere claim, because the mother is one of the two parents, so it is permissible for him to be attributed to two people, just like fathers. Our position is that the fact that he is from both of them is an impossibility with certainty, so it is not permissible to rule by it, just as if he were older.

الحواشي

(68) In Al-Asl, there is an addition: "qad" (already). (69) In Al-Asl: "al-qa'if" (the physiognomist). (70) In M: "da'watihima" (their claim). We have unified it here and hereafter. (71) In the manuscripts here and hereafter: "da'watuha" (her claim). (72) In M: "ibn laha" (a son for her). (73) In M: "li-ikhtisasi-hima" (due to their uniqueness). (74) In Al-Asl: "da'watuha" (her claim). In M: "da'watihima" (their claim). (75) In Al-Asl: "akthar" (more).

السابقمجلد 8 · صفحة 381التالي
السابق8·381التالي