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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 409

الترجمة · EN

and they enslave five-sevenths of her, then they have that right. This is the school of al-Shafi'i. Abu Hanifa said: Her dower is calculated from her value, and she receives one-third of the remainder, and she strives (tas'a) for what remains, which is one-third of her value. If he possesses with the slave woman the amount of half her value, and he has not consummated with her, half of her is emancipated, and half of her remains a slave, because half of her is one-third of the property. If he has consummated with her, three-sevenths of her are emancipated, and she receives three-sevenths of her dower. The emancipation in her case is small because, when she takes three-sevenths of her dower, the property is reduced by it, so one-third of the remainder is emancipated, which is three-sevenths of her. The calculation for this is that you say: a portion of her is emancipated, she has as her dower half a portion, and for the heirs are two portions; this equals the slave woman and half her value. Thus, the portion is two-sevenths of her and two-sevenths of half her value, which is three-sevenths of it, which is the amount emancipated from her, and she takes half of that from the property as her dower, which is three-sevenths of it. If he possesses with her the equivalent of her value, and has not consummated with her, two-thirds of her are emancipated, one-third remains a slave, and her marriage is void. If he has consummated with her, four-sevenths of her are emancipated, she receives four-sevenths of her dower, and there remains for the heirs three-sevenths of her and five-sevenths of her value, which equals twice the amount of what was emancipated from her. The calculation for this is to set the seven portions to be equivalent to her and her value, so that two-sevenths of the whole are emancipated, which is four-sevenths of her, and she is entitled to one-seventh of the whole for her dower, which is four-sevenths of her dower. If he possesses with her twice her value, all of her is emancipated, and her marriage is valid; because she falls within the third if she waives her dower, and if she refuses to waive it, her emancipation is not executed, and her marriage is void. If he had not consummated with her, it should be judged that she is emancipated and her marriage is valid, and she has no dower, because mandating it leads to its cancellation and the cancellation of her emancipation and marriage, so canceling it alone is more appropriate. If he has consummated with her, we treat her according to what has preceded, so six-sevenths of her are emancipated, she receives six-sevenths of her dower, and the emancipation of one-seventh of her and her marriage are void. If he emancipated her, did not marry her, and had intercourse with her, the procedure regarding her in these instances is the same as if he had married her. This is the school of al-Shafi'i. The Qadi mentioned in a case similar to the one before the last, that which requires the validity of her emancipation and marriage, along with the obligation of her dower, for he said regarding one who emancipates in his death-sickness a slave woman whose value is

الحواشي

(4) In M: "and it is void".

السابقمجلد 8 · صفحة 409التالي
السابق8·409التالي