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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 469فصل

الترجمة · EN

Section: If he contracts it with a guardian and two witnesses, but they keep it secret, or they advise each other to conceal it, this is disliked, but the marriage is valid. This is the opinion of Abu Hanifa, Al-Shafi'i, and Ibn al-Mundhir. Among those who disliked secret marriage are Umar [ibn al-Khattab] (66), may Allah be pleased with him, Urwah, Ubayd Allah ibn Abd Allah ibn Utbah, Al-Sha'bi, and Nafi', the freed slave of Ibn Umar. Abu Bakr Abd al-Aziz said: The marriage is void, because Ahmad said when someone marries with a guardian and two witnesses: "No, until he makes it public." This is the school of Malik (67). The proof for both of them is what was mentioned in (68) the chapter preceding this one. Our proof is his statement: "There is no marriage except with a guardian" (69). Its implication is the validity of the contract through that, even if publicity is not present. Furthermore, because it is a commutative contract, its publicizing is not a condition, like a sale. The reports regarding announcement are intended to imply recommendation, as evidenced by his command therein to beat the duff and make sound, which is not obligatory; thus, the same applies to what is linked to it. Ahmad's statement "No" is a prohibition of dislike, for he explicitly stated in what we narrated from him before this, the recommendation (70) of that (71). Also, because the announcement of marriage and the beating of the duff (72) therein occurs mostly after its contract; if it were a condition, it would be considered at the time (73) of the contract, like all other conditions.

Section: It is recommended to contract the marriage on a Friday, because a group of the predecessors recommended that; among them are Damrah (74) ibn Habib, Rashid ibn Sa'd (75), and Habib ibn Utbah, and because it is

الحواشي

= Sunan Abi Dawud 2/295, 297. And Imam Ahmad, in: Al-Musnad 1/274, 289, 350, 2/158, 165, 167, 171, 172. (66) Omitted from: A and M. (67) In B: "for Malik". (68) In the original: "from". (69) Its documentation has preceded in: 5/88, and on page 345. (70) In A: "with recommendation". (71) Omitted from: A and B. (72) In B: "on it". (73) In A, B, and M: "state". (74) In M: "Samurah", which is a distortion. (75) In the original, A, and M: "Sa'id". It has preceded on page 221.

السابقمجلد 9 · صفحة 469التالي
السابق9·469التالي