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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 411Section

Translation · EN

Abu Hanifa said: It occurs immediately, because his saying "You are divorced" is an execution in the present, and his saying "until such-and-such month" is a limitation and a deadline for it, and it [divorce] does not accept limitation, so the limitation is void and the divorce occurs. Our evidence is the statement of Ibn Abbas and the statement of Abu Dharr, and because this [phrasing] could potentially be a limitation for its execution, like a man saying "I am going out until a year [later]," meaning after a year. If it is susceptible to two interpretations, the divorce does not occur due to doubt. What we have mentioned is supported by two considerations: first, that he set a limit for the divorce, yet there is no limit for its end, and the limit is merely for its beginning. Second, that what we have mentioned is acting upon certainty, whereas what they mentioned is adopting doubt. If he says: "I intended that she is divorced immediately until such-and-such year," it occurs immediately because he is acknowledging against himself something that is more severe, and his wording allows for it. If he says: "You are divorced from today until a year," she is divorced immediately, because "min" (from) is for the beginning of the limit, thus it necessitates that her divorce is from today. If he says: "I intended that the contract of the condition is from today, but its occurrence is after a year," it does not occur until after it. If he says: "I intended the repetition of the occurrence of her divorce from the time I uttered it until a year," she is divorced three times from that moment, if the marriage had been consummated. Ahmad said: If he says to her "You are divorced from today until a year," intending emphasis and the frequency of divorce, she is divorced from that moment.

Section: If he says: "You are divorced at the end of the beginning of the month," she is divorced at the end of the first day of it, because that is its beginning. If he says: "at the beginning of its end," she is divorced at the beginning of the last day of it, because that is its end. Abu Bakr said regarding the first: She is divorced at sunset on the fifteenth day of it. Regarding the second: She is divorced at the arrival of the beginning of the night of the sixteenth of it, because the month is two halves, a beginning and an end; thus, the end of its beginning follows the beginning of its end. This is the opinion of Abu al-Abbas ibn Surayj. Most of them said as we did, and it is the most correct view; for that which is beyond the first day is not called the beginning of the month, and it is valid to negate it from it. Similarly, the middle of the month is not called its end, and this is not understood from the absolute usage of his wording, so it is necessary that the swearer's speech is not diverted to it, nor is his speech interpreted as such.

Notes

(7) In [A] and [B] and [M]: "the night".

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