អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

And for someone who is emancipated [(1)] in a revocable waiting period (2) [(3)] as a free waiting period [(4)]): that is, her waiting period is like a free waiting period, (and in an irrevocable waiting waiting period, or death as a female slave[(5)]): that is, her waiting period is like a female slave’s waiting waiting period.

(And Aissa[(1)] saw blood[(2)] after a number of months[(3)] her menstruation resumed(4))(5): That is, if the wife was at the age of menopause: [i.e.](1) fifty-five years or more, and her bleeding stopped, so he divorced her(2) The husband observes the waiting period for three months, and before that end[(3)] she saw blood, and he knew that she was not menstruating, so she resumes menstruation. He said in ((Al-Hidaya)): It is correct (4).

And in the narration of Abu Ali Al-Daqqaq (1): When she sees blood after her menopause has been ruled (2) it is not menstruation, it does not invalidate menopause, and this does not appear in the marriage invalidation; Because it was blood [that came out](3) at the wrong time. (Just as it resumes with the months of menstruation[(4)] and then menopause): that is, her bleeding has stopped, and she is at the age of menopause, it resumes with the months(5).

I say [(1)]: Appeal is a problem; Because if it appears that her waiting period is in the months from the time of divorce, then the menstruation that she saw before menopause includes time, so it must be counted from the waiting period in that it is time (2).

(And a woman in waiting [(1)] had intercourse with another woman on suspicion of waiting, and they overlapped (2), and she menstruated from both of them [(3)]): Menstruation:

A beginner, and you see it: its description, and among them: its predicate, meaning menstruation that you see after intercourse with suspicion, and (1) this was understood[(2)] from that you had intercourse: a past verb, and you see it: a future verb, and among them: any of the two waiting periods. And know that this [(3)] is our doctrine, but according to Al-Shafi’i (4) - may God be pleased with him - they overlap (5) if the intercourse on suspicion was with the husband, and it is in his waiting period (6), but if it was with another, then not [(7)]. (If (8) the first period was completed but not the second, it must be completed): Its form: The husband divorced her irrevocably (9), or three menstruation periods, and someone other than the husband had sexual intercourse with her on suspicion, then she must have two waiting periods. The first menstruation is part of the first waiting period, and two menstrual periods after it are part of the two waiting periods, so the first waiting period has been completed, so a fourth menstruation is required to complete the second waiting period.

(The waiting period [(1)] of divorce and death expires, even if you are unaware of it): that is, by the husband’s divorce and death, (and its beginning (2) is their aftermath[(3)]): that is, the aftermath of divorce and death.

(And in an invalid marriage [(1)] following (2) his separation (3), or his intention to abandon (4) intercourse (5). And if she said: “My waiting period has ended,” she swore[(6)]: That is, if she said: “My waiting period has ended” and the husband lied to her[(7)], then the statement is her statement along with the oath.

(And if (1) he marries [(2)] his waiting period [(3)] with an irrevocable man [(4)] and divorces her (5) before having intercourse[(6)] then he must have a full dowry and a separate waiting period (7) (8): This is according to Abu Hanifa and Abu Yusuf - may God be pleased with them -, for [(9)] the effect of intercourse in the first marriage remains, which is the waiting period, so it becomes as if intercourse took place in this marriage[(10)]. According to Muhammad [(1)] - may God be pleased with him - he is obligated to fulfill half the dowry and complete the first waiting period only, and there is no waiting period for the second divorce. Because the husband divorced her before having intercourse with him. And when he exhales [(3)] - may God be pleased with him - there is no waiting period at all. Because the first waiting period was invalidated by marriage(4), and he was not obligated(5) by the second marriage based on the evidence of Muhammad - may God be pleased with him -.

(There is no waiting period [(1)] for a dhimmi (2) who is divorced by a dhimmi (3): This is according to Abu Hanifa - may God be pleased with him - if the people of the dhimmi do not believe that, and if [(4)] their belief is that, it is obligatory according to him, and in both cases it is absolutely obligatory [(5)], (and no war [(1)] came out to us as a Muslim (2).

[Chapter on mourning] and the mourning[(1)] of an irrevocable waiting period[(2)], and death(3), whether she is old(1)[(2)] free Muslim[(3)] or not): So his saying: or not: is a conjunction of his saying: free[(4)], and according to al-Shafi’i(5) - may God be pleased with him -: There is no mourning[(6)] for the irrevocable waiting period, (by abandoning adornment[(7)], and wearing[(8)](9). Saffron, musafir(10), henna, perfume, ointment(1), and kohl, except with an excuse(2)[(3)] not the waiting period for emancipation: that is, if the master emancipates[(4)] the mother of his child, (and an invalid marriage[(5)); Because it is obligatory to raise it, so do not regret[(6)] missing it.

(And do not propose [(1)] to a woman in waiting period except by exposing her (2)[(3)], and do not expel a woman in waiting waiting period, who is retracting or retracting, from her house[(1)] at all): according to the Almighty’s saying[(2)]: {Do not expel them from their homes, nor should they go out}(3) the verse. (She goes out while waiting for death in Al-Mullawin(4)[(5)], and spends the night in her house) since she has no maintenance[(6)], so she needs to go out, unlike a divorced woman; Because the expense is regulated by her.

(And she should observe her home at the time of [(1)] separation, death, [and divorce](2) unless [(3)] goes out(4)[(5)], or she fears loss of her money or its destruction, or she cannot find rent for the house(6), and there must be protection[(7)] between them in the irrevocable(8)[(9)], and if the house is too tight for them, then it is better[(10)] for him to leave, and likewise with his immorality[(11)], and it is good that It makes (1) between them able to prevent: that is, [that] (2) there is a trustworthy woman between them who prevents (3) between them.

(And if he divorced her [(4)], or died on her behalf while on a journey[(5)], and there was not[(6)] a journey’s journey between her and Egypt, she would return[(7)], and if that [(8)] from every side[(9)] was given the choice[(10)] with her as a guardian or not[(1)], and the oud is Ahmad[(2)], and if she was in Egypt, she would observe the waiting period[(3)] there, then go out with a mahram.) Know that extinction or death while traveling: Either in a place other than the place of residence, if it is not between her and her Egypt from which [(4)] she left a journey of travel, then she returns, and if that is from all sides, she has the choice between returning and heading to the destination, whether she has a guardian with her or not, but returning is preferable; The assault occurred in the husband's home.

Imam Al-Sarkhasi (1) - may God be pleased with him - mentioned: You choose the closest of the two [(2)]. There are two sections left here: One: If each side is less than a distance of travel, you should choose [(3)], and based on the saying of Al-Sarkhasi - may God be pleased with him - you should choose the closest of the two (4). The second: whether there is a travel distance between them and Egypt, and between it and the destination(5) is less, then you head to the destination[(6)](7).

As for the place of residence [(1)], which is what he said: Even if it is in Egypt; That is, if she was in Egypt when he left her, or died on her behalf, then if she did not have a guardian with her, she should observe the waiting period there and do not leave [from him](2) without the guardian, even if there was a guardian with her[(3)], so it is according to Abu Hanifa - may God be pleased with him -; Because [(4)] it is forbidden for a woman in waiting to go out, even if the distance is less than the travel time.

Then it is time to leave; Because going out is permissible in order to avoid the loneliness of division, but the prohibition[(1)] of traveling has been lifted. For the presence of (2) the guardian, then when it is permissible for them to leave, which side should you turn to, then it should be [(3)] the ruling on the details that were mentioned, [and God knows best what is correct](4). Chapter [Proof](5) Lineage and Custody[(6)] [Chapter on establishing lineage]

(Whoever says(7) [(1)]: If he marries her, then she is divorced, so he marries her, and she has given birth for half a year since he married her[(2)], his lineage and her dowry[(3)])(4); Because it is not far-fetched [(1)] that the husband and wife were appointed to marry[(2)], so the two agents (3) married her[(4)] on a certain night, and the husband had intercourse with her on that night, and found the sexual intercourse, and he did not know whether the marriage was prior to the sexual intercourse or delayed, so it is necessary to make a comparison, provided that [(1)] the husband knew that she was not of this quality, and if he did not have sexual intercourse with her that night, then he is able to curse, so why not The child is repelled by cursing, so we do not have to banish him from the bed as long as this is possible, so his lineage from him is proven, and he is obligated to dowry.

(The [lineage] (1) of the child of the waiting woman’s revocable waiting period is proven, even if she had him for more than [(2)] two years unless she acknowledges that the waiting period has expired. Due to the possibility [(3)] of being stuck in the waiting period, and the permissibility of the woman being of extended purity, but if she acknowledges the end of the waiting period[(4)] and then gives birth, and there are more than two years between the divorce and the birth, the paternity is not proven[(5)] based on what follows (6) that it is only proven if there is less than half a year between the two periods[(7)] (8).

(And it became clear [(1)] at least, and see [(2)] at most): That is, if there was less than two years between the divorce and the birth, it became clear; Because the presumption [(3)] is that the pending intercourse during the marriage was more important than the pregnancy, given that it was during the waiting period, and that the return is something that happened and is not proven by doubt, but if there were more than two years between the divorce and the birth, then it must [(4)] be interpreted that the intercourse was during the waiting period, so (1) the return (2) is proven. (And a divorced woman (3)[(4)] was born to less than them): and a divorced woman: with the genitive genitive case for the revocable waiting period: that is, the lineage of the child of the divorced woman is established by an irrevocable divorce for less than two years from the time of separation to the time of birth; Because of the possibility of intercourse at the time of marriage.