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 496Section

Translation · EN

not separated. If it is said: 'The beginning of the statement is only held in abeyance until its end in the case of a condition or an exception because such things alter it, whereas conjunction (atf) does not alter it; therefore, it should not be held in abeyance, and we conclude that it occurred the moment he uttered it. That is why if he said to her: "You are divorced, you are divorced," only one occurrence takes place.' We say: As long as the statement is not complete, it is subject to alteration, whether by something that specifies it to a time, or restricts it with a qualification like a condition, or something that prevents part of it like an exception, or something that clarifies the number of occurrences like description by number, and the like. Therefore, it must be that it is occurring [at the end]. Were it not for this, three divorces could never occur to a woman who has not been consummated with in any case, because if he said to her: "You are divorced three times," and one divorce occurred upon her before his saying "three," it would be impossible for anything else to fall upon her. As for when he says: "You are divorced, you are divorced," these are two sentences, one of which does not depend on the other. If one of them were followed by a condition, exception, or description, it would not encompass the other, and there is no basis for one of them being held in abeyance for the other. A conjoined element and that which it is conjoined to are a single unit; if a condition followed them, it would return to all of them. Furthermore, the conjoined element does not stand on its own and does not provide meaning in isolation, unlike his saying: "You are divorced," for it is a useful sentence that has no connection to the other, so it is not valid to draw an analogy between them.

Section: If he says: "You are divorced two divorces and a half," it is with us like the one before it; the three occur. Our opponents said: Two occur. If he says: "If you enter the house, you are divorced," and he repeated that three times, and she entered, she is divorced, according to everyone's statement; because the description has been found, which necessitates the occurrence of the three simultaneously. And if he says: "If you enter the house, you are divorced and divorced and divorced," and she entered the house, she is divorced three times.

Notes

(27) In B: "yaqifu" (he stops). (28) In the original: "fa-innahu" (for it). (29) Omitted from the original. (30) In B: "mā" (what). (31) The wāw was omitted from A, B, and M. (32) In A: "wa-lā" (and not). (33) Omitted from B. (34) In A: "al-ṭalāq" (the divorce). (35) In A: "wa-law" (and if).

PreviousVolume 10 · Page 496Next
Previous10·496Next