القول الأمثل في مسألة باحنشل للشيخ العلامة الفهامة علي بن عمر بن محمد بن عمر بن عبد الرحيم قاضي باكثير (ت 1218ه)‎ : تحقيق و تقديم و تعليق

Abstract EN

This research is an investigation of a jurisprudential manuscript that dealt with a detailed answer to an important question that often occurs among people, which is the issue of swearing by divorce or by three or suspending divorce by order of things.

The compiler presented the sayings related to this part, and showed the objection directed to some of its paragraphs, and after the scientific discussion it was concluded that The most correct saying is that an oath and an oath of divorce is not a divorce at all, as it is not part of the circle of explicit or metaphorical words of divorce.

It is not included in the oath, rather it is a term that is not recognized by Sharia according to the deductive view among the texts of the leading imams in the Shafi’i school of thought.