This is part 7 of 18 of “The Book of Marriage”, book 19 of Al-Kafi — Hadith 9,668–9,717. The book is long enough that it is split across 18 pages so each one stays quick to load; the parts run in order and are linked at the foot of the page.
4. It is narrated from the narrator of the previous Hadith from Zakariya al-Mu’min or between him and him there is a man whom I do not know except that he narrated to me from ‘Ammar al-Sajistaniy who has said the following: (...Consult Fatwah about this Hadith)
1. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from ‘Is ibn al-Qasim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who divorces his wife who marries another man and gives birth from the second man; if her children from the second husband are lawful for the children of the first husband from his wife other than her. He (the Imam) said, ‘Yes, it is lawful. 5 I then asked him about the case of a man who frees his slave- girl who marries another man and gives birth from the second man; if her children are lawful for the children of the man who freed her. He (the Imam) said, ‘Yes, they are lawful.’”
2. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan and Ahmad ibn Muhammad from al-‘Asemiy from Ali ibn al-Hassan Faddal from al-‘Abbas ibn ‘Amir from Safwan ibn Yahya from Shu’ayb al-‘Aqarqufiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who has a slave-girl with whom he goes to bed seeking to have a child, but does not become fortunate to have a child and gives her to his brother as a gift or sells her and she gives birth to several children; if his children from a woman other than her can marry the children of his brother from her. He (the Imam) asked me to say it again. I said it again and he (the Imam) said, ‘Yes, it is not unlawful.’”
3. It is narrated from the narrator of the previous Hadith from al-Husayn ibn Khalid al-Sayrafiy who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about this case and he asked me to say it again and I said, ‘I had a slave-girl and I was not fortunate to have a child from her so I sold her and she give birth to a child from someone other than me and I have a child from a woman other than her; if I can give in marriage my child from another woman to her child.’ He (the Imam) said, ‘You can give in marriage to her children who were before you, before she became yours.’”
4. It is narrated from the narrator of the previous Hadith from Zayd ibn al-Juhaym al-Hilaliy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who marries a woman and his son marries the daughter of that woman. He (the Imam) said, ‘If her daughter was there before she married him, it is not unlawful.’”
1. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad ibn Ali ibn al-Hakam from Aban ‘Uthman fro al-Fadl ibn ‘Abd al-Malik who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who arranges marriage for his son who is small. He (the Imam) said, ‘It is not unlawful.’ I asked if divorce is permissible. He (the Imam) said, ‘No, it is not permissible.’ I asked, ‘Who must pay mahr (dower)?’ He (the Imam) said, ‘The father must pay mahr (dower) if he has taken responsibility for it; but if he has not taken the responsibility on himself then the boy must pay unless the boy has no assets, then still he is responsible even if he has not taken the responsibility.’ He (the Imam) then said, ‘If a man arranges marriage for his son it is up to him but if he gives his daughter in marriage it is binding.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali ibn Faddal from ‘Abd Allah ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who arranges marriage for his son who is small. He (the Imam) said, ‘If his son has any assets mahr (dower) is on him but if the son does not have any asset then the father is responsible for mahr (dower) whether he accepts such responsibility or not.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has said the following: “I once asked one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who had sons and he arranged marriage for two of them and assigned mahr (dower) then he died; who was to pay mahr (dower); was it to be from all of the legacy or from the share of the two sons. He (the Imam) said in such case, ‘It is from the whole of the legacy because it is like debts.’”
4. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father from all from ibn Mahbub from ibn Ri’ab from abu ‘Ubaydah al-Hadhdha’ who has said the following: “This is concerning my question before abu Ja‘far, ‘Alayhi al-Salam, about the case of a boy and a girl for whom marriage is arranged by their guardians and they are not mature yet. He (the Imam) said, ‘Marriage is binding and whichever becomes mature has a choice but if they die before maturity there will be no inheritance between them and no mahr (dower) unless they become mature and agree with the marriage.’ I then asked, ‘What happens if one of them becomes mature before the other?’ He (the Imam) said, ‘It becomes binding on him if he agrees.’ I then asked, ‘What happens if he becomes mature before the girl and agrees with the marriage, then he dies before the girl becomes mature; if she can inherit him.’ He (the Imam) said, ‘Yes, her share of inheritance is kept aside until she becomes mature, then she is made to take an oath that nothing has made her to claim the inheritance except her agreement with the marriage, then it is given to her as well as one-half of the mahr (dower).’ I then asked, ‘What happens if the girl dies before becoming mature and if the husband who has become mature can inherit her.’ He (the Imam) said, ‘No, because she had the choice upon her becoming mature.’ I then asked, ‘What happens if her father is the one who gives her in marriage before her becoming mature?’ He (the Imam) said, ‘Marriage which is arranged for her by her father becomes binding on her and on the boy and mahr (dower) is on the father in favor of the girl.”’
1. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from al-Hassan Ribat from Habib ai-Khath’amiy from ibn abu Ya’fur who has said the foiiowing: “I once said to abu ‘ Abd Allah, ‘Alayhi al-Salam, ‘I want to marry with a woman but my father wants another one. He (the Imam) said, ‘Marry the one you love, not the one your parents love.”’
2. Abu Ali ai-Ash’ariy has narrated from Muhammad ibn ‘Abd af-Jabbar from ‘Isma’ii ibn Sahf from al-Hassan ibn Muhammad ai- Hadramy from al-Kahiiy from Muhammad ibn Musfim who has said the foiiowing: “Once, abu Ja’far, ‘Alayhi al-Salam, was asked about the case of a man whose mother arranged marriage for him in his absence. He (the Imam) said, ‘Marriage is permissible, the husband may agree or disagree; and if he disagrees payment of mahr (dower) becomes due on his mother.’”
1. A number of our people have narrated from Sahl ibn Ziyad from ibn abu Najran from Ahmad ibn Muhammad from ibn abu Nasr fro ‘Asem ibn Hamid from Muhammad ibn Qays who has said the following: “About the case of a man who marries a woman for an appointed time that if within that time he pays mahr (dower) she is his wife and if he does not pay mahr (dower) within the appointed time he will have no way to the woman because such is their condition of the time of forming marriage, abu Ja’far ‘Alayhi al-Salam, has said, ‘He has his wife in his hand and their condition falls void.’”
2. Muhammad ibn Yahya has narrated from Ahmad and ‘Abd Allah sons of Muhammad ibn ‘Isa have narrated from ibn abu ‘Umayr from Hisham ibn Salim from abu al-‘Abbas who has said the following: “About the case of a man who marries a woman with the condition that he will not take her out of her town, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He must keep that promise’ or that he (the Imam) said, ‘It is binding upon him.’”
3. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali from Aban ibn ‘Uthman from ‘Abd al- Rahman ibn abu ‘Abd Allah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who marries a woman with the condition to come to her whenever he wants and pays her an agreed upon amount every month. He (the Imam) said, ‘It is not unlawful.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Musa ibn Bakr from Zurarah who has said the following: “Abu Abu Ja’far, ‘Alayhi al-Salam, was asked about the case of a man who married a woman who could only be visited during the day because of a condition at the time of forming marriage that he could visit her whenever he wants, like every month, every week one day with so and so amount for expenses. He (the Imam) said, ‘Such condition is not meaningful. If one marries a woman she must have what a woman must have for her expenses as well as her share of her time. However, if a woman marries and is afraid of his neglecting or that he may marry another woman or divorce her and she reaches a settlement in exchange for her rights like expenses or share of her time, such points are valid, and it is not unlawful.’”
5. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has said the following: “About the case of a man who has a slave to whom he says, ‘I set you free with the condition that I will give my daughter in marriage to you and if you married a second wife on her or did something secretly against her you must pay one hundred dinar’, and he sets him free on such condition but he does secretly and marries. One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘He must stand by his condition.’”
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Musa ibn Bakr from Zurarah who has said the following: “Durays was married to the daughter of Humran with the condition that he will not marry a second wife on her and will never do anything secretly against her in her lifetime and after her death and a condition on her not to marry anyone after him. They set upon each other the condition of offering sacrifice, al-Hajj, and al-Budn and if anyone of them violated such conditions all of his or her assets go to the destitute. Then they came to abu ‘Abd Allah, ‘Alayhi al-Salam, and informed him (the Imam) of the story. He (the Imam) said, ‘The daughter of Humran has her rights and such rights will not make us to say that you have no rights. Go and marry and do things secretly because the conditions are not congenial and you or she is not obliged for anything and what you have done is not meaningful.’ He did secretly certain things and many children were born for him.’”
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from certain persons of our people who have said the following: “About the case of a woman who marries a man and she as part of her mahr (dower) says that going to bed will be in her control as well as divorce, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is against the Sunnah and has entrusted the right with one who is not the right person for it. Judgment requires that the man must pay mahr (dower). He has the right to go to bed and divorce and that is the Sunnah.’”
8. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Isma’il ibn Bazi’ from Mansur ibn Buzurj who has said the following: “I once said to abu al-Hassan, Musa, ‘Alayhi al-Salam, when I was standing, ‘I pray to Allah to keep my soul in service for your cause, my partner had a wife. He divorced her and became stranger to her then he wanted to go back to her and she said, ‘No, by Allah, I will never marry you until you make it binding on yourself from Allah not to divorce me and not to marry a second wife.’ He (the Imam) asked, ‘Did he do so?’ I replied, ‘Yes, he did, I pray to Allah to keep my soul in service for your cause.’ He (the Imam) said, ‘What he has done is terrible, ignoring the fact that what may fall in his heart in the middle of the night or day.’ He (the Imam) then said, ‘Now, however, say to him to complete the condition for the woman because the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “Muslims stand by their conditions.’” I then said, ‘I pray to Allah to keep my soul in service for your cause, I have doubts about the words (of the stipulation).’ He (the Imam) said, ‘He is ‘Imran who meets you, is he not with you in al-Madinah?’ I replied, ‘Yes, that is true.’ He (the Imam) then said, ‘Tell him to write it and send it to me.’ ‘Imran afterwards came to us and we wrote them to him (the Imam) and there was no addition in it or reduction. He came back and met with me in the market of flours and touched my shoulder saying, ‘He (the Imam) says Salam (the phrase of offering greeting of peace) to you and says to you to tell the man to stand by his condition.’”
9. A number of our people have narrated from Sahl ibn Ziyad Ahmad ibn Muhammad from Ali ibn Ibrahim has narrated from his father from all from ibn Mahbub from ibn Ri’ab who has said the following: “This is concerning a question before abu al-Hassan, Musa, ‘Alayhi al-Salam, in my presence, about the case of a man who marries a woman for one hundred dinar with the condition that she will go with him to his town. If she will not go with him to his town her mahr (dower) will be fifty dinar. He (the Imam) said, ‘If he wants to take her to the lands of pagans, then such condition is not valid and the one hundred dinar belongs to her which is her mahr (dower) but if he wants to take her to the lands of the Muslims within the Muslim domain then the condition is valid in his favor; Muslims must stand by their conditions. He cannot take her out of her town without first paying her mahr (dower) or make her agree with whatever amount, it then is permissible.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad Ahmad ibn Muhammad from Ali ibn Ibrahim has narrated from his father from all from ibn Mahbub from al-‘ Ab has ibn Walid from al-Walid ibn Sabih who has said the following: “About the case of a man who marries a free woman and finds her to be a slave who has disguised herself before him, abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘If the one who has given her in marriage is not one of her masters, the marriage is invalid.’ I then asked, ‘What should he do about mahr (dower) that she has taken?’ He (the Imam) said, ‘If he finds with her something of what he has given to her, he can take it back, but if he does not find then she does not owe him anything. If a guardian has given her in marriage to him he can demand from such guardian what he has paid and her masters can demand from him one-tenth of her price if she is virgin; and if she is not virgin then it is half of one-tenth of her price which has made the marriage lawful.’ He (the Imam) said, ‘She must complete the waiting period for a slave.’ I then asked, ‘What happens if she gives birth to a child?’ He (the Imam) said, ‘Her children from him are free, if marriage is without the permission of the masters.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from his brother al-Hassan from Zur’ah from Sama‘ah who has said the following: “This is concerning my question before him (the Imam); ‘Alayhi al-Salam, about the case of a slave- girl of a people who goes to a tribe other than her tribe and tells that she is free. A man marries her and she gives birth for him. He (the Imam) said, ‘Her children are slaves unless testimony is established to prove that a witness had testified in favor of her being free, then her children cannot be owned; they remain free.’”
3. Ahmad ibn Muhammad has narrated from al-Husayn ibn Sa‘id from ‘Abd Allah ibn Bahr from Hariz from Zurarah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a slave girl who runs away from her masters, comes to another tribe and claims that she is free. A man in a hurry comes forward, marries her and her master then succeeds to find her out when she has already given birth to children. He (the Imam) said, ‘If he can establish testimony that he has married her as a free woman her children are free, otherwise, he has caused himself a back pain and his children become slaves.’”
4. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Muhammad ibn Sama‘ah from ‘Abd al-Hamid from Muhammad ibn Muslim who has said the following: “This is concerning my question before abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who proposes marriage to a man for his daughter for a certain amount of mahr (dower) but in the night of their going to bed he sends his other daughter who is from a slave-girl. He (the Imam) said, ‘He returns her to her father who must send his wife to him and her mahr (dower) is on her father.’”
5. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz from Muhammad ibn Muslim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who proposes marriage to a man for his daughter for a certain amount of mahr (dower) but he sends someone other than her. He (the Imam) said, ‘The one identified in marriage must be sent to him with mahr (dower) paid by her father and the mahr (dower) which was set first belongs to the woman with whom he has gone to bed.”’
6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthaman from af-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who marries from a people but finds out that his wife is blind about which he was not informed. He (the Imam) said, ‘Marriage is revoked only because of al-Bars (albino), leprosy, insanity and al-‘Afal (growth of something in woman’s vagina that does not allow sexual intercourse).”’
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali ibn Faddal from ‘Abd Allah ibn Bukayr from certain persons of his people who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who marries a woman who is insane or has leprosy and so on. He (the Imam) said, ‘He is responsible for mahr (dower).”’
8. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from abu Jamilah from Zayd al-Shahham who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Marriage of a woman with illness of al-Bars (albino), insanity and leprosy is revoked and invalid.’ I asked about a blind. He (the Imam) said, ‘No, it does not apply to her.’”
9. Sahl has narrated from Ahmad ibn Muhammad from Rifa’ah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a woman who suffers from al-Bars (albino). He (the Imam) said, ‘’Amir al-Mu’minin, ‘Alayhi al-Salam, issued a judgment, in the case of a woman who was given in marriage by her guardian when she suffered from al-Bars, that she deserves mahr (dower) which must be paid by the one who gave her in marriage. Mahr (dower) is on him because he cheated. If a man marries a woman and a man who does not know about her cheating gives her in marriage he does not owe anything but she must return the mahr (dower) back.’”
10. Sahl has narrated from Ahmad ibn Muhammad from Dawud ibn Sarhan and Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy all who have said the following: About the case of a man who is appointed by a woman to manage her affairs or a relative or a neighbor who does not know about her cheating and he finds her as cheating about a defect which exists in her. He (the Imam) said, ‘She must pay back the mahr (dower) and the one who has given her in marriage does not owe anything.’”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father from all from al- Hassan ibn Mahbub from Jamil ibn Salih from certain persons of abu ‘Abd Allah, ‘Alayhi al-Salam, who has said the following: “In the case of two sisters who were given (in marriage) as a gift to two brothers and who in the night of going to bed with them each one went to bed with the woman of the other one, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Each one must pay mahr (dower) because of going to bed and if their guardians had known it and ignored they are liable for payment of mahr (dower). No one of them must go close to his wife until the waiting periods are complete, thereafter, each one can go to her husband according to the first marriage.’ He (the Imam) was asked, ’What happens if they both die before completion of waiting period?’ He (the Imam) said, ‘Their husbands demand for half of mahr (dower) from their (women’s) heir and both men have their shares in the legacy of the dead women.’ It was asked, ‘What happens if both men die and they are in their waiting period?’ He (the Imam) said, ‘They inherit them and they can have half of the mahr (dower) which was assigned and they must complete a waiting period after completing the waiting period before, the second being the waiting period for the death of their husbands.’”
12. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban ibn ‘Uthman from ‘ Abd af-Rahman ibn abu ‘ Abd Allah who has said the following: “About the case of a man who marries a woman and finds Qarn or al- ‘Afal (growth of a substance in her vagina that prevents sexual intercourse) with her or whiteness or leprosy, he (the Imam), ‘Alayhi al-Salam, has said that he can revoke the marriage if he has not gone to bed with her.’”
13. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn Sinan from ‘Isma’il ibn Jabir who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who looks at a woman, likes her, asks about her and it is said that she is daughter of so and so. He goes to her father and asks him to give his daughter in marriage to him but he gives another woman in marriage to him and she gives birth for him but later he finds out that she is someone other than his daughter; instead she is his slave-girl. He (the Imam) said, ‘He must return the mother to her master and the child is his. The masters of slave-girl must pay the cost and the price of the child to the man because of their cheating the man.’”
14. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from al-Hassan ibn Mahbub from ibn Ri’ab from abu ‘ Ubaydah who has said the following: “About the case of a man who marries a woman by the approval of her guardian and finds a defect in her after going to bed with her, abu Ja’far, ‘Alayhi al-Salam, has said, ‘If the defect is al-‘Afal, al-Bars (albino), insanity, or ‘Ifda’ (an injury that cuts into her feces and urine passages), one who has an apparent defect and illness, such defective people’s marriage is revoked and they are returned to their families without divorce. The husband demands for mahr (dower) from her guardian who has cheated about her, and if her guardian did not know about it then there is nothing on him (the guardian) and she is returned to her family.’ He (the Imam) said, ‘If the husband receives back what he had given, it belongs to him but if he did not get back anything then there is nothing for him.’ He (the Imam) said, ‘She must complete a waiting period which is for divorce if he has gone to bed with her but if he has not gone to bed with her then she does not need to complete a waiting period.’”
15. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthaman from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who gives birth because of going to bed with a man out of wedlock and no one except her guardian knows it, if it is proper for him to give her in marriage and remain quiet about it, provided, he has seen her repenting or good deeds. He (the Imam) said, ‘If he does not mention it to her husband and later he (the husband) comes to know it, if he wants to demand her mahr (dower) from her guardian who cheated, he can do so and the mahr (dower) that he had received, he cannot collect it back from her because of marriage and if her husband wants to keep her it is not unlawful.”’
16. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A woman can be returned because of four things: al- Bars (albino, a form of leprosy), leprosy, insanity and al-Qarn which is al-‘Afal, (growth of a substance in her vagina that prevents sexual intercourse) if he has not yet gone to bed with her, and if so then she cannot be returned.’”
17. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from al-Hassan ibn Salih who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who marries and finds Qarn in her. He (the Imam) said, ‘She cannot become pregnant, so she is returned to her family and the husband abstains from going to bed with her to return her to her family.’ I then asked, ‘What happens if he has gone to bed with her?’ He (the Imam) said, ‘If he knew about it before going to bed with her then went to bed, he has agreed and if he comes to know it after going to bed then he can keep if he so wishes, or return her and she can have what she has received as mahr (dower).”’
18. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from abu Ayyub from abu al-Sabbah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who marries and finds Qarn in her. He (the Imam) said, ‘She cannot become pregnant and her husband cannot go to bed with her, so she is compelled to return to her family and she has no mahr (dower).’ I then asked, ‘What happens if he has gone to bed with her?’ He (the Imam) said, ‘If he knew about it before going to bed with her then went to bed, he has agreed and if he comes to know it after going to bed then he can keep if he so wishes, or return her and she can have what she has received as mahr (dower).”’
19. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Hisham ibn Salim from Burayd al-Ujliy who has said the following: “This is concerning my question before abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who marries a woman but her sister who is older than her goes to the house of the man, takes away the clothes of his wife, wears them, lies down in her room, moves her away and switches off the light. The girl cannot speak because of shyness. The man comes to the room and goes to bed with her thinking her as his wife and in the morning his wife comes to him saying, ‘I am your wife so and so whom you married and my sister plotted to take away my clothes, sat in my room and removed me from there.’ The man considers it and finds it to be true just as she said. He (the Imam) said, ‘In my view the woman who cheated has no mahr (dower) and she must be punished in the form of punishment for fornication of an unmarried person and her husband must not go to bed with her until waiting period for the cheating is complete and when waiting period is complete he can join his wife.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘Asem ibn Hamid from Muhammad ibn Qays who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, ‘Alayhi al-Salam, issued a judgment about the case of a free woman who was cheated by a slave who married her and she did not know him to be other than a free man. He (the Imam) said, ‘They must be separated if the woman so wanted.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has said the following: “This is concerning my question before abu Ja‘far, ‘Alayhi al-Salam, about the case of a woman who is free and marries a slave thinking that he is free and then finds out that he is a slave. He (the Imam) said, ‘She has all the control of herself; if she wants she can stay with him or not stay with him. If he has gone to be bed with her she has the mahr (dower) and if he has not gone to bed with her she does not have any mahr (dower). If he goes to bed with her after her knowing that he is a slave and confirms it then he has more of her control.’”
3. A number of our people have narrated from Sahl ibn Ziyad from and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from ibn Ri’ab from ibn Bukayr from his father who has said the following: “About the case of a castrated man who cheats and marries a Muslim woman, one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘They are separated from each other if she wants and he will have a headache, but if she agrees and stays with him, after her agreement she cannot deny him.’”
4. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Aban from ‘Abbad al-Dabbiy who has said the following: “About the case of a man who is impotent, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When it is found out that he is impotent and cannot sleep with women, they are separated from each other; and if he goes to bed with her even once then they are not separated from each other; man is not turned away because of defect.’”
5. It is narrated from the narrator of the previous Hadith from Safwan ibn Yahya from ibn Muskan from abu Basir who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who tries her husband but he is not able to go to bed with her; if they must be separated from each other. He (the Imam) said, ‘Yes, if she wants separation.’ Ibn Muskan has said that in another Hadith he (the Imam) has said that she must wait for one year and if he still is not able to go to bed with her, she can leave him, but if she likes to stay with him she can do so.’”
6. A number of our people have narrated from Ahmad ibn Muhammad from al-Hassan ibn Sa‘id from his brother al-Hassan ibn Zur’ah ibn Muhammad ibn Sanaa ‘ah who has said the following: “About the case of a man who is castrated but he cheats and marries a woman, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘They are separated from each other and the women takes her mahr (dower) from him and he will have a backache (punishment) because of his cheating.’”
7. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from ibn Ri’ab from abu Hamzah who has said the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘If a man marries a woman who was married before to another man and she alleges that the man has not come close to her from the time he entered with her in such case, the words of the man are accepted on oath by Allah that he has gone to bed with her because she is a plaintiff. 5 He (the Imam) has said, ‘If he marries her as a virgin and she alleges that he never approached her, it then is the job of trustworthy women who can examine her and if they say that she is virgin then the Imam gives him one year’s time during which if he is able to reach her, otherwise, they are separated from each other and she is given half of the mahr (dower) and no waiting period is required.’”
8. A number of our people have narrated from Ahmad ibn Muhammad from ibn Khalid from his father from ‘Abd Allah ibn al-Fadl al- Hashimiy from certain persons of his teachers who have said the following: “It is about the case of a woman before abu ‘Abd Allah, ‘Alayhi al-Salam, when a man asked him (the Imam) about a man against whom his wife alleges that he is impotent but the man denies it, abu ‘Abd Allah, ‘Alayhi al-Salam, said, ‘She must allow the nurse to fill her with al-Khaluq (a certain perfume) without allowing the man to know. He then goes to bed with her; if perfume is found on his penis he has told the truth, otherwise, she has spoken the truth and he has lied.’”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ahmad ibn al-Hassan from ‘Amr ibn Sa‘id from Musaddiq ibn Sadaqah from ‘Ammar ibn Musa who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who is held back (by magic) and cannot go to bed with his wife. He (the Imam) said, ‘If he cannot go to bed with other woman also, he must not keep her on hold without her consent; but if he is able to go to bed with other women then it is not unlawful to keep her.’”
10. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, ‘Alayhi al-Salam, has said, ‘If a man only once goes to bed with his wife then is held back (by magic), no choice then remains for her (to revoke the marriage).”’
11. Al-Husayn from Muhammad has narrated from Hamdan al-Qalanisiy from Ishaq ibn Bunan from ibn Baqqah from Ghiyath ibn Ibrahim who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that during the time of ’Amir al-Mu’minin, ‘Alayhi al- Salam, a woman alleged that her husband is not able to go to bed with her and he denied it. ’Amir al- Mu’minin commanded her to fill up herself with saffron and that he then washes his penis; if the water takes the color of saffron his words are accepted, otherwise, he is commanded to divorce her.’”
Majhul· al-Majlisi
Sunni collections: text from the open hadith-api dataset. Al-Kafi: Arabic text, Muhammad Sarwar's translation and gradings from Thaqalayn.net via the Thaqalayn API. Hadith numbering follows those editions and can differ from a printed copy — check the Arabic against a trusted edition before relying on a reference.
