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 57The Second Section

Translation · EN

from him, and it is feared he may cause injury, so he has become like a physical hindrance.

Second Chapter: On the number of defects that permit annulment, which are eight according to what Al-Khiraqi mentioned: three in which both spouses are equal, namely: insanity, leprosy, and albinism. Two that are specific to the man: castration (jabb) and impotence ('unna). And three that are specific to the woman: fistula (fatq), outgrowth (qarn), and 'afal (a growth). Al-Qadi said: They are seven; he grouped qarn and 'afal as one thing, which is also the ratq (obstruction), being flesh that grows in the vagina. This was narrated from the scholars of literature, and something similar was narrated from Abu Bakr, and it was mentioned by the companions of Al-Shafi'i. Al-Shafi'i said: Qarn is a bone in the vagina that prevents intercourse. Others said: There is no bone in the vagina; rather, it is flesh that grows within it. It was narrated from Abu Hafs that 'afal is like foam in the vagina, preventing the pleasure of intercourse. Based on this, it is a progressive defect. Abu al-Khattab said: Ratq is when the vagina is blocked, meaning it is adhered such that the penis cannot enter. Qarn and 'afal are flesh that grows in the vagina and blocks it, so they are in the meaning of ratq, except that they are a different type. As for fatq, it is a perforation between the urinary tract and the semen tract. It was also said: between the front and the back. The companions of Al-Shafi'i mentioned them as seven, excluding fatq, and some of them made them six, regarding qarn and 'afal as one thing. Annulment is specific to these defects because they prevent the enjoyment intended by the marriage; for leprosy and albinism excite an aversion in the soul that prevents one from approaching the partner, and it is feared it will spread to one's self and offspring, thus preventing enjoyment. Insanity also excites aversion and its harm is feared. Castration and ratq make intercourse impossible, and fatq prevents the pleasure and benefit of intercourse, as does 'afal, according to the one who defined it as foam.

Notes

(7) In the original and A: "ma" (what). (8) In the original: "dhakarahu" (mentioned it). (9) In A and M: "bil-mar'ah" (to the woman). (10) In the original: "wa-dhakara nahwahu" (and he mentioned something similar). (11) Omitted from the original and B.

PreviousVolume 10 · Page 57Next
Previous10·57Next