tabwiʾah (التَّبْوِئَةُ)

tabwiʾah (التَّبْوِئَةُ)


الفقه أصول الفقه

التعريف :


That a master of a slave woman leaves her to her husband, giving her over to him without using her.

المعنى الاصطلاحي :


The decision of the owner of a slave-woman to let her reside with her husband and not use her services.

الشرح المختصر :


"Tabwi’ah" (providing accommodation) means that the owner of a slave-woman lets her settle in her husband's house and does not assign any duties to her. If he did that and then wished to assign her duties again, then he is entitled to do so, because serving her owner is his right over her, and because the benefit derived from her physical work remains in his ownership. He only loaned that benefit to the husband through "tabwi’ah". If her owner allowed her to settle in her husband's home and then she went to her owner occasionally and served him out of her own accord without him asking for her service, the "tabwi’ah" would still be valid.

التعريف اللغوي المختصر :


"Tabwi’ah": accommodating in a house. Original meaning: returning to something. "Mubawwa’": house, residence. Other meanings: preparing.