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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 194فصل

الترجمة · EN

If it also remains ambiguous, the certainty is extracted from it, which is two specified dowries and one equivalent dowry (mahr al-mithl). One specified dowry remains which the women claim and the brother denies, so it is divided between them. Thus, the women receive an equivalent dowry, two specified dowries, and a half. From this, one specified dowry and an equivalent dowry are divided into halves between the two women with whom intercourse occurred, and one specified dowry and a half remain between the three remaining women, with each one receiving half a specified dowry. The inheritance is according to what has been previously mentioned. According to al-Shafi'i, there is no legal consequence for the act of intercourse in [determining] designation. Is the designation of the heir considered equivalent to the designation of the husband? There are two opinions regarding this. According to his [al-Shafi'i's] school, a specified dowry and an equivalent dowry are taken for the two women with whom intercourse occurred, each one is given the lesser of the specified dowry or the equivalent dowry, the surplus between the two is held in abeyance, and two specified dowries and a half remain. One of these is held in abeyance between the three who were not had intercourse with, and another between the three and the two. The inheritance is as previously stated.

It was narrated from al-Sha'bi and al-Nakha'i regarding one who has four wives and has definitively divorced one of them, then marries a fifth and dies without it being known which one he divorced, that the fifth is entitled to a quarter of the inheritance, and the four are entitled to three-quarters of it among themselves. This is the school of Abu Hanifah if the marriage of the fifth occurred after the completion of the waiting period (idda) of the divorced woman. If he said after the marriage of the fifth: "One of my wives is divorced," then he married a sixth, and then died before clarifying, the sixth is entitled to a quarter of the inheritance, the fifth is entitled to a quarter of the remaining three-quarters, and what remains is shared among the first four in quarters. According to the opinion of al-Shafi'i, whatever is ambiguous in this regard is held in abeyance, according to what has previously been mentioned.

Chapter: On Divorce. If a man divorces his wife with a divorce in which he has the right to take her back during her waiting period, the mutual inheritance between them does not cease as long as she is in the waiting period, regardless of whether it was during sickness or health, without any disagreement that we are aware of. This has been narrated from Abu Bakr, Umar, Uthman, Ali, and Ibn Mas'ud (may God be pleased with them). This is because the woman in a revocable divorce is still a wife who is subject to his divorce, Zihar (injurious comparison), and Ila' (vow of abstinence), and he has the right to retain her by revocation without her consent, a guardian (wali), witnesses, or a new dowry. If he divorces her in health with a definitive (ba'in) or revocable divorce, and she becomes definitively separated upon the completion of her waiting period, they do not inherit from one another by consensus. And if the divorce was

الحواشي

(52) In the original and A: "abatta". (53) In M: "al-baqi".

السابقمجلد 9 · صفحة 194التالي
السابق9·194التالي