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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 175Section

Translation · EN

None of this is mandatory. It is recommended that they perform the lian while standing. The husband begins and invokes the lian while standing, and when he finishes, the woman stands and invokes the lian while standing; this is based on what was narrated from the Prophet (peace and blessings of Allah be upon him) that he said to Hilal ibn Umayya: "Stand up and testify four times." Furthermore, when he stands, people observe him, which is more effective in making it public; thus, it is recommended just as a large gathering is, though it is not mandatory. Abu Hanifa and al-Shafi'i stated all of this, and I do not know of any dissenter regarding it.

Section: The Qadi said: It is not recommended to intensify the lian by specifying a place or a time. Abu Hanifa held this view, because Allah the Almighty made the command for it general and did not restrict it by time or place; therefore, it is not permissible to restrict it without evidence. Furthermore, the Prophet (peace and blessings of Allah be upon him) commanded the man to bring his wife, and he did not specify a time for it; had he specified it, it would have been transmitted and not omitted. Abu al-Khattab said: It is recommended that they perform the lian during honored times and in honored places. This is the school of al-Shafi'i, except that he has two positions regarding intensification by place: the first is that intensification by it is recommended, like the time; the second is that it is mandatory, because the Prophet (peace and blessings of Allah be upon him) invoked lian between them by the pulpit, so his action was an explanation of the lian. The meaning of intensification by place is that if they are in Makkah, he performs the lian between them between the Corner (Rukn) and the Station (Maqam), for it is the most noble of places; if they are in al-Madinah, then at the pulpit of the Messenger of Allah (peace and blessings of Allah be upon him); in Jerusalem at the Rock; and in other cities in their congregational mosques. As for the time, it is after the Asr prayer, due to the saying of Allah the Almighty: "You shall detain them both after the prayer, and they shall swear by Allah." The exegetes are in agreement that the prayer intended is the Asr prayer. Abu al-Khattab said in another place: Or between the two adhans (call to prayer), because supplication between them is not rejected. The correct position is the former.

Notes

(6) Its documentation has preceded in: 8/373. (7) In (A) and (B): "in". (8) In (M): "abundance" (or frequency). (9) Omitted from: (M). (10) In (B) and (M): "in al-Madinah". (11) Surah al-Ma'idah, 106. (12) In (B): "and between".

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