ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 432Section

Translation · EN

together after suspending the divorce upon her divorce, the divorce suspended upon her divorce occurs. The divorce of ‘Amra here is suspended upon her divorce, so it is necessary to state that it occurs. If he said to ‘Amra: “Whenever I divorce Hafsa, you are divorced,” then he said to Hafsa: “Whenever I divorce ‘Amra, you are divorced,” then he said to ‘Amra: “You are divorced,” she is divorced twice, and Hafsa is divorced once. If he divorced Hafsa initially, no more than one divorce occurs for each of them; because this issue is exactly like the one before it, as he began by suspending the divorce of ‘Amra upon the divorcing of Hafsa, then followed it by suspending the divorce of Hafsa upon the divorcing of ‘Amra. If he said to ‘Amra: “If I divorce you, then Hafsa is divorced,” then said to Hafsa: “If I divorce you, then ‘Amra is divorced,” then divorced Hafsa, she is divorced twice, and ‘Amra is divorced once. If he divorced ‘Amra, each of them is divorced once; because it is the reverse of the one before it. The Qadi mentioned these two issues in "al-Mujarrad". If he said to one of his two wives: “Whenever I divorce your co-wife, you are divorced,” then said to the other the same thing, then divorced the first, she is divorced twice, and the second is divorced once. If he divorced the second, [each of them is divorced once]. If he said: “Whenever I divorce you, your co-wife is divorced,” then said to the other the same thing, then divorced the first, each of them is divorced once. If he divorced the second, she is divorced twice, and the first is divorced once; the reasoning for this is according to what we mentioned in the first issue.

Section: If he had three wives and said: “If I divorce Zaynab, then ‘Amra is divorced; if I divorce ‘Amra, then Hafsa is divorced; and if I divorce Hafsa, then Zaynab is divorced.” Then he divorced Zaynab, ‘Amra is divorced, and Hafsa is not divorced; because he did not originate a divorce for ‘Amra after suspending the divorce of Hafsa upon her divorcing; rather, she was divorced by the condition preceding that, so it is an occurrence of divorce and not an act of divorcing. If he divorced ‘Amra, Hafsa is divorced, and Zaynab is not divorced for that reason. If he divorced Hafsa, Zaynab is divorced, then ‘Amra is divorced, and the divorce occurs by way of the three; because he originated a divorce for Zaynab

Notes

(62) In B and M: "She is divorced twice, and the first is divorced once."

PreviousVolume 10 · Page 432Next
Previous10·432Next