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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 568القسم الثالث

الترجمة · EN

said to her: "Do not let us miss out on you." He did not object to Abu Jahm and Mu'awiyah's proposal to her. Ibn 'Abd al-Barr mentioned that Ibn Wahb narrated with his chain of transmission from al-Harith ibn Sa'd ibn Abi Dhubab, that 'Umar ibn al-Khattab proposed to a woman on behalf of Jarir ibn 'Abd Allah, Marwan ibn al-Hakam, 'Abd Allah ibn 'Umar, and himself. He entered upon the woman while she was sitting in her house and said: "Jarir ibn 'Abd Allah is proposing, and he is the master of the people of the East; Marwan is proposing, and he is the master of the youth of Quraysh; 'Abd Allah ibn 'Umar is proposing, and he is whom you know; and 'Umar ibn al-Khattab is proposing." The woman drew back the curtain and said: "Is the Commander of the Faithful being serious?" He replied: "Yes." She said: "Then I have given myself in marriage to the Commander of the Faithful," and they married her to him. Thus, 'Umar proposed on behalf of one after another before knowing what the woman said regarding the first.

The third: That there is found from the woman that which indicates consent and inclination, through allusion, not explicit statement, such as her saying: "You are nothing but a source of contentment, and I have no desire for anyone else." This falls under the ruling of the first category; it is not lawful for anyone other than him to propose to her. This is the apparent meaning of the words of al-Khiraqi and the apparent meaning of the words of Ahmad, for he said: "If they both incline toward each other, it is not lawful for anyone to propose." Inclination is evidenced at times by allusion, and at other times by explicit statement. The Qadi said: The apparent meaning of Ahmad's words is the permissibility of proposing to her. This is the school of al-Shafi'i in his later position (al-jadid) due to the hadith of Fatimah, as the Prophet (peace and blessings of Allah be upon him) proposed to her. They claimed that the apparent state of her words was her inclination toward one of them. The Qadi argued based on his proposal to her before asking whether he found from her that which indicated consent or not. Our evidence is the generality of his saying, peace be upon him: "None of you should propose..."

الحواشي

(3) In A, B, and M: "Dayyan." Al-Dhahabi mentioned in Al-Mushtabih 283: Sa'd ibn Abi Dhubab, and said: He had companionship (of the Prophet). Among his descendants is al-Harith ibn 'Abd al-Rahman ibn Abi Dhubab al-Madani. Ibn Hajar translated him in Tahdhib al-Tahdhib 2/147, and named him: al-Harith ibn 'Abd al-Rahman ibn 'Abd Allah ibn Sa'd ibn Abi Dhubab. So perhaps that is what is meant here. (4) Omitted from: the original, B, and M. (5) Ibn Kathir attributed it to Ibn 'Asakir. See Al-Bidayah wa al-Nihayah 8/257. (6) In A: "yadullu" (indicates).

السابقمجلد 9 · صفحة 568التالي
السابق9·568التالي