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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 28

Translation · EN

explicit, like the expressions of wat' (intercourse) and jima' (sexual relations). Its being literally used for meanings other than jima' is invalidated by the expression of wat' and jima'. Likewise, his saying: "I have parted from you" and "I have released you" in the expressions of divorce; for the scholars said: they are explicit in divorce, despite being literally used for other things. As for his saying: "ba'adtuki," it is derived from "al-bu'd" (a part), and this expression is not used for anything other than intercourse, so it is more fitting to be explicit than the other expressions, as they are used for other than it. Abu Hanifah held this opinion.

The third category is what does not constitute Ila' except with intention, which is everything other than these expressions that admits the possibility of jima', such as his saying: "By Allah, nothing will bring my head and your head together," "My head will not reach your head," "I will certainly cause you suffering," "I will certainly anger you," "My absence from you will certainly be long," "My skin will not touch your skin," "I will not approach your bed," "I will not dwell with you," "I will not sleep where you are." If he intends jima' by these and confesses to it, he is considered a mouli (one performing Ila'), otherwise not; because these expressions are not as apparent in [the meaning of] jima' as the preceding ones, and no textual evidence (nass) has arrived using them for it. However, these expressions (91) are divided into that which requires both the intention of jima' and the duration together, which are his sayings: "I will certainly cause you suffering," "I will certainly anger you," and "My absence from you will certainly be long." He is not a mouli until he intends to abandon jima' for a period exceeding four months, because her suffering occurs by abandoning jima' for less than that (92). In the rest of these expressions, he is a mouli with the intention of jima' alone. If he says: "By Allah, my abandonment of having intercourse with you will be long," or "my having sexual relations with you," or "my having contact with you," this is explicit in abandoning jima', and the intention of the duration is considered, not the intention of jima', because it is explicit regarding it. If he says: "By Allah, I will not have jima' with you except a weak jima'," he is not a mouli unless he intends a jima' that does not reach the meeting of the two circumcised parts. If he says: "By Allah, I will not insert all of my..."

Notes

= the Book of Marriage. Sahih al-Bukhari 5/26, 28, 36; 7/47. And Muslim, in: The Chapter on the Virtues of Fatima daughter of the Prophet (peace and blessings of Allah be upon him), from the Book of the Virtues of the Companions. Sahih Muslim 4/1902, 1903. And Abu Dawood, in: The Chapter on what is disliked regarding marrying multiple women, from the Book of Marriage. Sunan Abi Dawood 1/478. And al-Tirmidhi, in: The Chapter on the virtue of Fatima daughter of Muhammad (peace and blessings of Allah be upon him), from the Book of Virtues. 'Aridat al-Ahwadhi 13/246, 247. And Ibn Majah, in: The Chapter on Jealousy, from the Book of Marriage. Sunan Ibn Majah 1/643, 644. And Imam Ahmad, in: al-Musnad 4/5, 326. And al-Bayhaqi, in: The Chapter on who is emancipated by ownership, from the Book of Emancipation. al-Sunan al-Kubra 10/288, 289. (91) Omitted from B. (92) In B: "al-farj" (the vagina).

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