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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 169Section

Translation · EN

it is not permissible to disregard the possibility as a factor of consideration; because when it is negated, certainty is achieved regarding its absence from him, so it is not permissible to attribute the child to him when there is certainty that it is not from him. If the wife of one whose penis and testicles have been severed gives birth, the lineage is not joined to him, according to the opinion of the generality of the scholars; because ejaculation and penetration are impossible for him. If his testicles are severed but his penis remains, the same applies; because he does not ejaculate that from which a child is created. Our companions said: The lineage is joined to him; because penetration is conceivable from him, and he ejaculates a thin fluid. We argue that a child is not typically created from this, nor has it been found to happen, so it resembles the case where his penis was severed along with them. There is no consideration given to penetration from which a child cannot be created, just as if he had penetrated with his finger. As for the severing of his penis alone, the child is joined to him; because it is possible for him to engage in mutual friction (musahiqah), thereby ejaculating fluid from which a child is created. The companions of al-Shafi'i have a disagreement regarding this, similar to the disagreement we mentioned. Ibn al-Labban said: The child is not joined to him in these two cases, [according to the opinion of the majority]. Some of them said: It is joined to him by virtue of the marriage bed (firas). This is a mistake; because the child is only joined by virtue of the marriage bed when it is possible. Do you not see that if she gives birth one month after he marries her, it is not joined to him? And here it is impossible due to the absence of semen in the case of the one whose testicles have been extracted (maslul), and the impossibility of delivering semen to the bottom of the uterus in the case of the one whose penis has been amputated (majbub). There is no validity to the claim of those who said: It is possible for the woman to introduce the man's semen into herself, thus becoming pregnant; because the child is created from the semen of both the man and the woman, which is why it bears a resemblance to both of them. When she introduces the semen without intercourse, no pleasure occurs for her that would lead to her own ejaculation, so their lineages do not mix. Even if that were valid, it would mean that if two strangers—a man and a woman—attest that she introduced his semen and that the child is from that semen, his lineage would be joined to him, and no one has said that.

Chapter: If he divorces his wife while she is pregnant, and she delivers a child, then delivers another before the passage of

Notes

(24) Omitted from (M). (25) In (A): "yulhaq". In (M): "yuhaqqaq". (26) Omitted from (B). (27) In (A), (B), and (M): "minhuma". (28) In the Original: "ha'id" (menstruating).

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