អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(On the condition of their freedom[(1)], there is no right for a female slave or mother to whom a child was born[(2)]): that is, to the child. (And a dhimmi[(3)] is like a Muslim woman until he understands a religion): that is, in the child of a Muslim[(4)], and in ((guidance))[(5)]: unless he understands a religion, or fears that he will become accustomed to disbelief(6).

And his saying: “Or he is afraid” must[(7)] [be](8) with certainty, [and he is afraid](9); Because it is a conjunction of the majzoum balm; Because the meaning is as long as it is not hidden (10), and this restriction [(1)] (2) was not mentioned in ((Prevention)), and it must be taken care of (3); Because the accustomed to disbelief may have occurred before the rationalization (4) of religion, so if it is feared that it has become accustomed to disbelief, it will be removed[(5)] from it. (And by marrying[(6)] a non-mahram man, her right[(7)] is lost: that is, to custody(8).

(And with a mahram[(1)] not like a mother[(2)] who married his paternal uncle, a grandmother...(3) his grandfather): that is, a grandmother who married his grandfather, so this (4)[(5)] is out of sympathy for [my dependents](6) [different] workers(7), and the preposition is preceded. ((8)) The right is restored by the cessation of a marriage that was annulled.

Then the gangs[(1)] according to their order(2)[(3)], but [(4)] do not send a girl[(5)] to a group who is not a mahram, such as a freed slave, a cousin, or [(1)] an immoral and rebellious person(2): that is, one who teaches people tricks[(3)].

(And no child has the choice [(1)])(2): Contrary to Al-Shafi’i (3)[(4)] - may God be pleased with him -.

(And the mother[(1)] and the grandmother have more right to the son until he eats, drinks, dresses, and cleans himself on his own[(2)]), his destiny[(3)](4) Al-Khasaf(5) - may God be pleased with him - is seven(1) years old, [and he is subject to the fatwa(2)](3). (And with the girl[(4)] until she menstruates, and on the authority of Muhammad - may God be pleased with him - until she desires(5)[(6)], and this is the reliable one(7)[(8)] due to the corruption of time, and others[(9)] until she desires): that is, other than the mother and grandmother have more right to the daughter until she desires.

(A divorced woman [(1)] shall not travel[(2)] with her child except to her homeland[(3)] in which he married her(1), and this[(2)] is for the mother only): [i.e](3) the aforementioned travel.

Chapter (4) Alimony[(5)] (It is obligatory[(1)] along with clothing[(2)] and accommodation on the husband[(3)], even if he is not able to have intercourse for the wedding[(1)], Muslim or infidel, old or young, to have intercourse(2)[(3)]), even if she does not have intercourse, there is an impediment[(4)] on her part, and there is no delivery of the spouses[(5)], then he is not obliged to spend, unlike If the husband is young and unable to have intercourse, then the impediment is on his part[(6)].

(According to their condition[(1)], in (2) the well-to-do are the maintenance of the left-handed[(3)], and in the insolvent there is the maintenance of the poor, and in the affluent and the insolvent and vice versa[(4)] between the two situations (5)[(6) ]), this is with us (1)[(2)], but according to Al-Shafi’i (3) - may God be pleased with him - what is considered is the husband’s condition.

(Even if[(1)] she is in her father’s house(2), or she falls ill[(3)] in her husband’s house(4).

No to a disobedient woman[(1)](2) who left his house[(3)] unjustly) as a precaution against her leaving his right, as if he had not given her the immediate dowry[(4)] so she left his house, (and imprisoned[(5)] in debt, and sick and had not given birth[(1)], and usurped[(2)] by force(3)[(4)], and out of need[(5)] but not with him(6), and if she was with him, then she has Urban expenses[(7)] neither travel nor rent(1).

A wealthy person is obligated to support one servant[(2)] for her only(3). This is according to Abu Hanifa and Muhammad - may God be pleased with them -, but according to Abu Yusuf(4)[(5) ] - may God be pleased with him - he is obliged to support two servants(1) one of them for the interests of the inside, and the other for the interests of outside the house, and they say: [that](2) the one takes care of them, (no insolvency[(3)] in the more correct opinion)(4), in order to avoid the words of Muhammad - may God be pleased with him. God bless him - because in his eyes the insolvent person is obligated to provide for the servant.

(And there is no distinction[(1)] between them due to his inability[(2)](3) from her, and she is ordered[(4)] to borrow[(5)] from him): that is, she is commanded[(6)] to borrow[(7)] from him, and to spend on her maintenance until the husband is rich and fulfills her obligation[(8)], and this is our view.

[And] (1) [As for] (2) according to Al-Shafi’i (3) [(4)] - may God be pleased with him -, the judge distinguishes between them; Because when he is unable[(5)] to adhere to what is fair, the judge deputizes his representative in discharging him with good deeds. And our companions - may God be pleased with him - when they saw the necessity of separation; Because paying a permanent need is not possible by borrowing, and it seems that she does not find anyone to lend it, and the husband’s wealth in money is something that is an illusion. They preferred [(1)] for the judge to appoint a representative of the Shafi’i school of thought to differentiate between them (2).

(And whoever has (1) [(2)] imposed for his hardship and is easier, complete the maintenance of his left hand if you ask....(3)

(1)[(2)] maintenance for a past period[(3)] is waived unless a judge had previously imposed it, or they were satisfied with something, then it is obligatory for what has passed as long as they are alive. If (4) one of them dies or divorces her[(5)] before taking possession, the obligation is waived unless she borrows by order of a judge)(6): This is according to us, but according to Al-Shafi’i (7) - may God be pleased with him - it is not waived (8) by death, but rather it becomes (9) a debt. On it [(10)].

(It is not recovered [(1)] in advance for a period of time before which one of them died): That is, if an expense was delayed for a period of time, such as six months, for example, and one of them died before that, just as if he died after a month had passed, nothing of it would be recovered according to Abu Hanifa and Abu Yusuf - may God be pleased with them -; Because it is a connection[(2)] connected to the arrest, so with death the return is voided as in the case of a gift[(3)], and according to Muhammad[(4)] and al-Shafi’i(5) - may God be pleased with them - the maintenance for what has passed is counted, which is a month for the wife, and the maintenance for five months is recovered; Because it is compensation [(6)] for what it deserves (1) by being kept.

(And the wedding expenses of the serf [(2)] are [(3)] upon him [(3)] and are sold [(4)] over and over again[(5)], and for another debt they are sold once.) Its form: a slave who married a woman with the permission of the master, so the judge imposed alimony on him, so he collected a thousand dirhams on him, so it was sold for five hundred, which is its value, and the buyer knew that he owed the maintenance debt and was sold again, unlike if this thousand was due to him for another reason, so he was sold for five hundred and would not be sold again.

(It is obligatory[(1)] for her to live in a house(2)[(3)] in which there is[(4)] none of his family(5)[(6)], even if[(7)] his child is from another woman with her consent[(1)], and a single house[(2)] from a house that has a closed house is sufficient for it(3).

He may prevent her parents and other children from entering her. Based on the fact that the house is his property, he has the right to prevent her from entering it, (not from looking at her or talking to her whenever they want(1), and it was said: She is not prohibited from going out to the parents(2), nor from them entering upon her every Friday, or with someone else’s mahram every year. This is correct(3)), and the fatwa is based on it(4).