ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 447فصل

الترجمة · EN

Abū Ḥanīfa: He has no choice, because compatibility (kafāʾa) is not considered on the side of the woman, and because he possesses the right of divorce. Our argument is that it is a contract in which one of the two spouses was deceived regarding the freedom of the other, so the choice is established for him just as it is for the other, and because even if compatibility is not considered, there is harm upon him in the enslavement of his child and the servitude of his wife, and that is greater than the lack of compatibility. As for divorce, the harm is not averted by it, for it causes the loss of half of the specified [dowry], whereas annulment causes the loss of all of it. So if he annuls it before consummation, there is no dowry for her. If he is satisfied with remaining with her, he may do so, because it is permissible for him to marry slave women, and what she gives birth to after that is a slave to her master, because the factor preventing their enslavement in the case of deception was the husband's belief in her freedom, and that has ceased with knowledge. If he had intercourse with her before his knowledge, and she became pregnant by him, then he learned before the delivery, the child is free, because he had intercourse with her believing in her freedom. Chapter: The ruling regarding the mudabbarah, the umm al-walad, and the one emancipated upon a condition is like that of the qinn slave woman, because she is deficient due to servitude, except that the child of the umm al-walad and the mudabbarah is valued as if he were a slave, and he has the ruling of his mother. Likewise is the one who is partially emancipated, except that when he pays the ransom for the child, he is only obligated to pay the ransom for the portion of servitude in him, because the remainder of him is free due to the freedom of his mother, not due to the belief of the one having intercourse. If she is a mukātabah, it is the same, except for her dowry, because it is from her earnings, and her earnings belong to her. The value of her child is obligatory, according to the famous narration. Abū Bakr said: And that belongs to her, for her to seek assistance with it in her kitāba. If the deception is from her, then she has nothing, since there is no benefit in obligating something for her that he would then return against her. If the deception is from someone else, he pays it to her, and he returns against the one who deceived him.

الحواشي

(44) In B, M: "because it". (45) In the original: "like the free people". (46) In B: "and if", and in M: "for if". (47) In B: "he pays". (48) In M: "omitted". (49) In A, M: "intercourse (wat')". (50) In A, B: "and he returned".

السابقمجلد 9 · صفحة 447التالي
السابق9·447التالي