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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 410Section

Translation · EN

from that moment until the crescent, in which case she is divorced immediately. If he says: 'You are divorced at the coming of three days,' she is divorced at the beginning of the third day.

Section: If he executes the divorce at a time or suspends it upon a condition, it is attached to it, and does not occur until the condition and the time arrive. This is the opinion of Ibn Abbas, 'Ata', Jabir ibn Zayd, al-Nakha'i, Abu Hashim, al-Thawri, al-Shafi'i, Ishaq, Abu 'Ubayd, and the people of reason (Ashab al-Ra'y). Sa'id ibn al-Musayyab, al-Hasan, al-Zuhri, Qatada, Yahya al-Ansari, Rabi'ah, and Malik said: If he suspends the divorce upon a condition that will inevitably come to pass, such as his saying: 'You are divorced when the sun rises,' or 'when Ramadan arrives,' she is divorced immediately, because the marriage contract cannot be limited to a [fixed] time; for this reason, it is not permissible for him to marry her for a month. Our evidence is that Ibn Abbas used to say regarding a man who says to his wife: 'You are divorced at the head of the year,' he says: 'He may have intercourse with her in the time between him and the head of the year.' Furthermore, because it is the termination of ownership, and its suspension upon conditions is valid, so whenever he suspends it upon a condition, it does not occur before it, like emancipation, which they have conceded. Ahmad has used as an argument the statement of Abu Dharr: 'I have camels, and a slave of mine grazes them, and he is a freedman at the turn of the year.' Additionally, because this is a suspension of divorce upon a condition that has not yet occurred, so it does not take place, just as if he said: 'You are divorced when the pilgrim arrives.' This is not a temporal limitation of the marriage, but rather it is a temporal limitation of the divorce, and this is not prohibited, just as the marriage cannot be suspended upon a condition, yet divorce allows for suspension.

Section: If he says: 'You are divorced until such-and-such month,' or 'such-and-such year,' it is as if he said: 'In such-and-such month,' or 'such-and-such year,' and the divorce does not occur except at the beginning of that time. Al-Shafi'i held this view as well. Abu

Notes

(4) Abu Hashim al-Rummani al-Wasiti, Yahya ibn Dinar, and there is a difference of opinion regarding the name of his father. He was a jurist, truthful, and reliable. He died in the year 122 AH. Tahdhib al-Tahdhib 12/261. (5) Ibn Abi Shaybah narrated something similar in: The chapter on one who says: 'She is not divorced until the term arrives,' from the Book of Divorce. Al-Musannaf 5/29. See also al-Sunan al-Kubra 7/356. (6) Narrated by Ibn Abi Shaybah in: The chapter on one who says: 'She is not divorced until the term arrives,' from the Book of Divorce. Al-Musannaf 5/29.

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