ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 435فصل

الترجمة · EN

And if we hold the view that the dowry is obligatory, it is binding upon the one for whom she confessed, not his companion, due to her confession of it for him and her confession of the absolution of his companion. If both of them die, she inherits from the one for whom she confessed, not his companion, for that reason. If she dies before both of them, it is possible that the one for whom she confessed inherits from her, just as she inherits from him, and it is possible that her confession for him is not accepted, just as it was not accepted regarding her own self. If she did not confess for either of them until after his death, it is as if she had confessed during his lifetime. The heirs of either of them have no right to deny her entitlement, because their testator had already acknowledged her status by his claim of the validity of her marriage and his precedence in the contract with her. If she does not confess for either of them, lots are drawn between them, and she has the inheritance of the one upon whom the lot falls. If one of them had consummated with her, and he is the one for whom she confessed, or if she had not confessed for either of them, she is entitled to the specified dowry because he acknowledges it for her and she does not claim anything else. If she was confessing for the other, she claims the equivalent dowry (mahr al-mithl), while he acknowledges for her only the specified amount. If they are equal or reach a settlement, there is no dispute. If the equivalent dowry is more, he swears an oath regarding the excess, and it is dropped. If the specified dowry is more, he is acknowledging the increase for her, but she denies it, so she is not entitled to it. And Allah knows best.

Section: If a man claims the marriage of a woman from the outset, and she confesses to him regarding that, the marriage is established and they inherit from one another. Abu al-Khattab said: There are two narrations regarding this, but the correct view is that it is accepted, because she is an adult of sound judgment who has confessed to a contract, and the ruling of it is binding upon her; therefore, her confession is accepted, just as if she had confessed that her guardian had sold her slave girl before she reached puberty. If her father denies her marriage, his denial is not accepted, because the right is against someone else, and he has already acknowledged it. Likewise, if he claims that he married a woman with a guardian and two witnesses whom he identified, and the woman confesses to that, but the two witnesses deny it, no attention is paid to their denial, because testimony is only needed in the case of a denial. It is possible that her confession is not accepted along with her father's denial, because her marriage is under his authority, not her own. If he claims marriage to her, but she does not confirm it until she dies, he does not inherit from her. If he dies before her and she admits what he said, she inherits from him, due to the completion of the confession from both of them.

الحواشي

(20) In A, B, M: "likewise". (21) In A, B, M, an addition: "every". (22) Omitted from: B, M. (23) In A, B, M: "then he denied".

السابقمجلد 9 · صفحة 435التالي
السابق9·435التالي