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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 492Section

Translation · EN

divorced, indeed divorced, and divorced." Abu al-Khattab mentioned this. If he says, "You are divorced one divorce before a divorce," or "after a divorce," or "after it a divorce," or "a divorce then a divorce," or "a divorce followed by a divorce," it results in one divorce for a woman with whom the marriage has not been consummated, and two divorces for one with whom it has been, because of what we have mentioned—that this necessitates a divorce following a divorce.

Section: If he says, "You are divorced one divorce before it a divorce," it is the same, as the Qadi mentioned. This is the apparent view in the Shafi'i school. Some of them said: Nothing takes effect for a woman with whom the marriage has not been consummated, based on their position regarding the "Surayjiyyah" issue. Abu Bakr said: Two divorces take effect. This is the opinion of Abu Hanifah, because it is impossible for another divorce to take effect before the initiated divorce, so it takes effect with it. This is because, once it is delayed from the time he intended to initiate it because that time has passed, it must be initiated at the nearest possible time to it, which is simultaneously. It does not necessarily follow that it is delayed until after it, because before it is a time in which it is possible for it to take effect, which is a near time, so it is not delayed to the distant time when the near one is possible. Our argument is that this is a divorce, parts of which are before others, so none of it takes effect on a woman with whom the marriage has not been consummated, just as if he had said, "a divorce followed by a divorce." It is not impossible for that which is delayed in its wording to take effect in advance, just as if he said, "a divorce followed by a divorce," or said, "You are divorced one divorce tomorrow, and one divorce today." If he were to say, "Zayd came after 'Amr," or "Zayd came and before him 'Amr," or "Give Zayd after 'Amr," it would be correct speech, indicating the delay of that which was advanced in wording relative to that which was mentioned after it. This is not a divorce in a past time; rather, its initiation takes place in the future, ordered in the manner he arranged. Even if it were assumed that one of them was initiated in a past time, it would be impossible for it to take effect alone, and the other would take effect alone. This is the Qadi's reasoning regarding why only one takes effect; the first reasoning is more correct, if Allah the Almighty wills.

Notes

(5) In A: "fa-ṭāliq" (then she is divorced). (6) In M: "al-masʾala" (the issue). Their statement preceded on page 422. It was called the Surayjiyya, attributed to Abū al-ʿAbbās Ibn Surayj. See its detail in: Iʿlām al-Muwaqqiʿīn 3/317-319. (7) In the original: "wa-hādhā" (and this). (8) Omitted from the original. (9) Omitted from A.

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