This is part 4 of 10 of “The Book of Talaq (Divorce)”, book 21 of Al-Kafi — Hadith 10,616–10,665. The book is long enough that it is split across 10 pages so each one stays quick to load; the parts run in order and are linked at the foot of the page.
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il from Muhammad ibn al-Fudayl from abu al-Sabbah al-Kinaniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A divorced woman completes her waiting period in her home and it is not proper for her husband to send her out and she also must not go out.’”
7. A number of our people have narrated from Sahl ibn Ziyad from ibn abu Nasr from ‘Asem ibn Hamid from Muhammad ibn Qays who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘A woman who is divorced and her husband has the right to go back to her, can beautify herself before her husband and he does not need to ask permission to go to her.’”
8. Humayd ibn Ziyad has narrated from ibn Sama‘ah from ibn Ribat from Ishaq ibn ‘Ammar who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the divorced woman; where she completes her waiting period. He (the Imam) said, ‘She completes it in the house of her husband.’”
9. It is narrated from the narrator of the previous Hadith from Wuhayb ibn Hafs from abu Basir 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 woman who is divorced and about where she counts her waiting period. He (the Imam) said, ‘She completes it in her home if divorce is in a manner where he has the right to go back to her. He cannot send her out and it is not for her to go out until waiting period is complete.’” It is narrated from the narrator of the previous Hadith from ‘Abd Allah ibn Jabalah from Ali ibn abu Hamzah and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn abu Hamzah from abu Basir a similar Hadith.
10. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Wuhayb ibn Hafs from abu Basir who has said the following: “About the case of a divorced woman, one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said that she completes her waiting period in her house and she can beautify herself; perhaps Allah brings about something thereafter.’”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad [from Muhammad ibn Khalid] and al-Husayn ibn Sa‘id from al- Qasim ibn ‘Urwah from al-‘Abbas who has said the following: “He (the Imam), ‘Alayhi al-Salam, has said, that it is not proper for a divorced woman to go out without the permission of her husband until waiting period is complete with three Hayd (menses)-free periods or three months if she does not experience Hayd (menses).”’
12. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Muhammad ibn Ziyad from Mu‘awiyah ibn ‘Ammar who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘A divorced woman can perform al-Hajj if her husband agrees.’”
13. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan and Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al- Jabbar from Safwan from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “He (the Imam), ‘Alayhi al-Salam, has said, ‘A divorced woman can perform al-Hajj and testify about rights.’”
14. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Khalid from al-Qasim ibn ‘Urwah from Zurarah who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘A divorced woman can use kohl, dyes, perfumes and wear whatever she likes because Allah, most Majestic, most Glorious, says, . .perhaps Allah may bring about something thereafter.’ Perhaps something happens in his mind and he goes back to her.’”
1. Al-Husayn ibn Muhammad has said that narrated to me Hamdan al-Qalanisiy that ‘Umar ibn Shihab al-‘Abdiy asked me, ‘On what basis your people say that divorce pronounced three times does not make it three divorces?’ I said to him, ‘They believe that divorce is based on the book and al -Sunnah and whatever is against them is returned to them.’ He then asked, ‘What do you say about one who has divorced according to the book and Sunnah and his wife goes out or he sends her out and she counts the waiting period somewhere other than her house? Allah, most Majestic, most Glorious, has said, “Do not send them out of their house and they must not go out.’” I replied him with an answer, which was not from me. I met Ayyub ibn Nuh, asked him about it and informed him of the words of ‘Umar (ibn Shihab). He said, ‘We do not accept analogy. We only say what texts say.’ I then met Ali ibn Rashid and asked him about it and about the words of ‘Umar (ibn Shihab). He said, ‘He has used analogy against you to bind you. If divorce is not permissible without the book and Sunnah, waiting period also is not accepted without the book and Sunnah .’ I then asked Mu‘awiyah ibn al-Hukaym about it and informed him of the words of ‘Umar (ibn Shihab). Mu‘awiyah said, ‘Waiting period is not like divorce. There is a difference between them. Divorce is the act of divorcee. If he does against the book and against what he is commanded to do we can say to him to return to the book, otherwise, divorce is not valid. The waiting period is not the act of the man or woman. The days pass. Hayd (menses) takes place and it is not her act or his act. It is the act of Allah, most Blessed, most High. The act of Allah, most Majestic, most Glorious, cannot be analogized with his acts or her acts. If she acts against the law, the waiting period passes, and she has committed a sin in acting against the law. Had the waiting period been her act we would not make it to take place on her like divorce is invalid if it is against the law. “Al-Fadl ibn Shadhan has said, in answer presented by abu ‘Ubayd in the book of divorce that certain people of al-Kalam (theology) has said, ‘When Allah, the most Blessed, the most High, sanctioned divorce with waiting period He did not inform us that whoever divorces without waiting period his divorce is invalid. It is something that men and women obey and do not go out of the house as long as waiting period is not complete. We are only informed about sin. Allah has said, ‘. . . such is the limits set by Allah so do not transgress against them and those who transgress against the limits of Allah has done injustice to himself .’ Is disobedience in divorce like disobedience in waiting period by going out of her house? Do you not say that the nation collectively says that if a divorced woman goes out of her house for days, such days are counted as part of her waiting period even if she has disobeyed Allah? In addition, divorce during Hayd (menses) is counted against divorcee even though he has disobeyed Allah. [Translator’s Note: The words of al-Fadl ibn Shadhan are not translated but the Arabic text is preserved in applicable editions of this book.]
عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنْ بَعْضِ أَصْحَابِهِ عَنِ الرِّضَا ( عليه السلام ) فِي قَوْلِ اللَّهِ عَزَّ وَ جَلَّ لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَ لا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفاحِشَةٍ مُبَيِّنَةٍ قَالَ أَذَاهَا لِأَهْلِ الرَّجُلِ وَ سُوءُ خُلُقِهَا .
1. Ali ibn Ibrahim has narrated from his father from certain persons of his people who has said the following: “About the words of Allah, most Majestic, most Glorious, "... you must not send them out of their homes and they must not go out except if they commit an open indecent act’, abu al-Hassan, al-Rida’, ‘Alayhi al-Salam, has said, ’It is a reference to her troubling the family of the man and her bad moral behavior.’”
2. Certain persons of our people have narrated from Ali ibn al-Hassan al-Taymuliy from Ali ibn Asbat from Muhammad ibn Ali ibn Ja‘far who has said the following: “Once al-Ma’mun asked al-Rida’, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, ‘. . . you must not send them out of their homes and they must not go out except if they commit an open indecent act’ He (the Imam) said, . . ‘open indecent act’, is a reference to her troubling the family of the man. If she did he can send her out, if he wants, before the end of her waiting period.’”
1. A number of our people have narrated from Ahmad ibn Muhammad from al-Barqiy from Dawud ibn abu Yazid al-‘ Attar from certain persons of our people who have said the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a woman whose Hayd (menses) is confusing, when women like her become pregnant and also women like her do not become pregnant and do not experience Hayd (menses). Her husband has gone to bed with her and about how can he divorce her if he so wants. He (the Imam) said, ‘He must hold back from her for three months then divorce her.’”
1. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Ja‘far from al-Hassan ibn Ali ibn Kaysan who has said the following: “I once wrote to the man, ‘Alayhi al-Salam, and asked about the case of a man who has a wife who is of ‘Ammah (the general population). He wants to divorce her but she hides her Hayd (menses) and Hayd (menses)-free period for fear of divorce. He (the Imam), ‘Alayhi al-Salam, wrote, ‘He can hold back from her for three months, then divorce her.”’
1. Ali ibn Ibrahim has narrated from his father from al-Hassan ibn Mahbub from Hisham ibn Salim from ‘Ammar al-Sabatiy who has said the following: “Once abu ‘ Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who has a young wife who experiences Hayd (menses) every two or three months after once and about how he can divorce her. He (the Imam) said, ’Her case is difficult. He can divorce her according to Sunnah once in a Hayd (menses)-free period in the presence of witnesses and without going to bed; then leave her until she experiences Hayd (menses) three times whenever she experiences Hayd (menses). When she experiences three Hayd (menses) her waiting period is complete.’ It then was asked, ‘What happens if one year passes and she does not experience Hayd (menses)?’ He (the Imam) said, ‘If one year passes and she does not experience three Hayd (menses) he waits three months after that (one year) time then her waiting period expires.’ It then asked, ‘What happens if he or she dies?’ He (the Imam) said, ‘Whoever dies, the living one inherits the deceased one from that day up to fifteen months.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from Zurarah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has stated this Hadith. ’In the case of a woman whose Hayd (menses) is confusing, of the two issues whichever comes first marks a woman’s becoming stranger to her husband. One is passing of three months without any blood discharge and taking place of three Hayd (menses) the two of which are not three months apart from each other.’” According to ibn abu ’Umayr Jamil has made this statement. ‘It can be explained as follows: If three months one day less pass and she experiences Hayd (menses) then three months one day less pass and she experiences Hayd (menses) then three months one day less pass and she experiences Hayd (menses), she counts waiting period with Hayd (menses) in this way. She does not count by months. If three months pass without blood discharge for three months and she does not experience Hayd (menses) she then becomes stranger to her husband.’
2. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr al-Bazantiy from ‘Abd al-Karim from Muhammad ibn Hakim who has said the following: “I once asked the virtuous servant of Allah about the case of a young girl who does not experience Hayd (menses) when girls like her become pregnant and her husband has divorced her. He (the Imam) said, ’Her waiting period is three months.’”
3. Sahl ibn Ziyad has narrated from Ahmad from ‘Abd al-Karim from abu Basir who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Waiting period of a woman who does not experience Hayd (menses) and the one who experiences Istihadah who does not be become clean is three months. Waiting period of one whose Hayd (menses) is straight is three Quru’ (Hayd free periods). Al-Quru’ (Hayd free period) is the time of accumulation of blood between two Hayd (menses).”’
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il from Muhammad ibn al-Fudayl from abu al-Sabbah al-Kinaniy who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who experiences Hayd (menses) once every three months: if she needs to count a waiting period. He (the Imam) said, ‘She must wait for a period of time equal to that when she experienced Hayd normally; thus she counts her waiting period for three Hayd-free periods. Thereafter she can marry if she so wants.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said that the waiting period for women of the following condition is three months. Of such women is one who experiences Hayd (menses) once every three, six or seven months. Another is one who experiences Istihadah and has not reach the age of experiencing Hayd (menses) also one who experiences Hayd (menses) in one month but not in the other month as well as one who has no hope to have a child. Another is one in her menopause who thinks that she is not of such age and the one who sees a yellowish discharge whose Hayd (menses) is not straight’”
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Hammad ibn ‘Isa from Shu’ayb from abu Basir who has said the following: “About the case of a woman who is divorced and experiences Hayd (menses) once every three months, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When three months are over her waiting period is complete. For every month he counts for her one Hayd (menses).”’
7. Ali ibn Ibrahim has narrated from his father from ibn abu Nasr, from Dawud ibn al-Husayn, from abu al-‘Abbas who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who divorces his wife after childbirth and her becoming clean and she is a woman who does not experience Hayd (menses) as long as she breastfeeds and about how much is her waiting period. He (the Imam) said, ‘It is three months.’”
8. Ali has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthaman from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The waiting period of a woman who does not experience Hayd (menses) and one who experiences Istihadah which does not become clean for three months, their waiting period is three months. Waiting period of a woman whose Hayd is straight is three Hayd-free periods.’ I then asked about the meaning of the words of Allah, most Majestic, most Glorious, ‘. . . if you have doubt.’ He (the Imam) said, ‘This ‘doubt’ is about what is more than one month, thus, she counts her waiting period for three months and ignores Hayd. Whatever of Hayd is in a month which does not increase in Hayd her waiting period is three cycles of Hayd.”’
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali ibn Faddal from ibn Bukayr from Zurarah who has said the following: “One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has stated this Hadith. ‘Of the two issues whichever comes first, it marks the end of her waiting period: one is passing of three months in which she does not see Hayd (menses), thus her waiting period ends. If three Hayd-free periods pass this also marks the end of her waiting period.’”
10. Muhammad has narrated from Ahmad from Ali ibn al-Hakam from Musa ibn Bakr from Zurarah who has said the following: “He (the Imam), ‘Alayhi al-Salam, has said, ‘If she waits and does not find the Hayd (menses)-free period except three months then if her Hayd (menses) is not straight. If she experiences Hayd in a month several times such woman’s waiting period is like the waiting period of one who experiences Istihadah, whose ‘Iddah (waiting period) is three months. If she experiences Hayd straightly, thus, in every month is one Hayd and between two Hayd (menses) one month of time it is the Hayd-free period.’”
11. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Yazid ibn Ishaq Sha‘ir from Harun ibn Hamzah who has said the following: “About the case of a woman who is divorced and is old but experiences Hayd (menses) once then her Hayd stops, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘She must count her waiting period for one Hayd and two months in future because she has reached menopause.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil from Zurarah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Waiting period and Hayd (menses) are for women. If they say something about it their words are accepted.”’
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from af-Fadf ibn Shadhan from all from ibn abu ‘Umayr from ‘Abd al-Rahman ibn al-Hajj aj who has said the following: “I once heard abu Ibrahim, ‘Alayhi al-Salam, saying, ’If one divorces his wife and she claims to be pregnant, he must wait for nine months if she gives birth, otherwise, she counts a waiting period of three months.’”
2. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Muhammad ibn abu Hamzah from Muhammad ibn Hakim who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a woman who is young and other women like her experience Hayd (menses). She is divorced: then her Hayd stops. How long is her waiting period? He (the Imam) said, ‘It is three months.’ I then asked that she has claimed to be pregnant after three months. He (the Imam) said, ‘Her waiting period is nine months.’ I then said that after nine months she has claimed to be pregnant. He (the Imam) said, ‘Pregnancy is for nine months.’ I then asked, ‘Can she marry?’ He (the Imam) said, ‘She must observe precaution for three months.’ I then said that after three months she has claimed. He (the Imam) said, ‘There is no doubt about her, so she can marry if she wants.’”
3. Al-Husayn ibn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from Aban ibn Hakim who has said the following: “About the case of a woman who is divorced and she claims to be pregnant; so she waits for one year, abu Ibrahim or his father, ‘Alayhi al-Salam, has said, ‘If she comes up with such claim after a year it is not accepted even if it is one hour more.’”
4. Humayd ibn Ziyad has narrated from ibn Sama‘ah and Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Muhammad ibn Hakim who has said the following: “I once asked the virtuous servant, ‘Alayhi al-Salam, about the case of a woman who is young and women like her experience Hayd (menses). Her husband divorces her and her Hayd stops. How long is her waiting period? He (the Imam) said, ‘It is three months.’ I then said that she after three months became married and after going with her husband it was found that she is pregnant. He (the Imam) said, ‘This cannot happen, O ibn Hakim. Stoppage of Hayd is because of two reasons; it is because of disorder in Hayd in which case husbands were lawful for her, but she was not pregnant or that she is pregnant in which case it becomes apparent in three months because Allah, most Majestic, most Glorious, has set a time for it in which time pregnancy becomes apparent.’ I then asked, ‘What happens if she has doubts?’ He (the Imam) said, ‘Her ‘Iddah (waiting period) is nine months.’ I then said that she after nine months has doubts. He (the Imam) said, ‘Pregnancy is for nine months only.’ I then asked if she could marry. He (the Imam) said, ‘She must observe precaution for three months.’ I then said that she has doubts after three months.’ He (the Imam) said, ‘There is no doubt in her case, so she can marry if she wants.’”
5. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn ‘Isa from Yunus from Muhammad ibn Hakim who has said the following: “I once asked abu ‘Abd Allah, or abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who divorces his wife and after three months she claims to be pregnant. He (the Imam) said, ‘There is a waiting for her for nine months.’ I then said, ‘She has claimed to be pregnant after that. He (the Imam) said, ‘This is far from reality. Hayd (menses) stops for two reasons, because of a clear pregnancy or disorder in Hayd. However, she can remain cautious for three months thereafter.’ “He (the narrator) also asked about a woman who experienced Hayd and then it stopped after one year and about how she is divorced. He (the Imam) said, ‘She is divorced in the presence of witnesses.’” (The following paragraph does not seem to be part of Hadith ) Certain ones have said that if he wants to divorce her, she does not experience Hayd (menses) and he has gone to bed with her; he can place her in quarantine. He must hold back from her for three months from the time a divorced woman becomes stranger to her husband, a woman whose Hayd (menses) is straight if pregnancy becomes clear, otherwise, he can divorce her once in the presence of two witnesses. If he leaves her for three months she becomes stranger by one divorce. If he wants to divorce her three times, he can leave her for one month, then go back to her, then divorce her for the second time, then hold back from her three months to place her in quarantine; if pregnancy becomes clear thereafter he only has to divorce her once.”
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, ‘Waiting period of a pregnant divorcee expires at childbirth and he must pay for her maintenance in fairness until childbirth.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ’Isma‘il from Muhammad ibn al-Fudayl from abu al-Sabbah al- Kinaniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man divorces his pregnant wife he must pay for her maintenance until childbirth. When she gives birth, he must pay her wages without causing any harm to her, unless he finds someone who breastfeeds for less. If she also agrees for less then she has the priority to have her son until weaning.’”
3. Ali has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “A pregnant divorcee must receive her maintenance until childbirth, and she has the priority to breastfeed the child for wages equal to what another woman asks. Allah, most Majestic, most Glorious, has said, ‘A mother must not be harmed because of her child or the father because of the child and the heirs also bear such responsibility.’ (2:232) He (the Imam) said, ‘A woman (from us) would raise her hand before her husband, when he wanted to go to bed with her, and say, ‘I do not want to allow you because I fear of becoming pregnant with my child.’ The man would say, ‘I do not want to go to bed with you for my fear of suspending you, thus killing my child.’ Allah prohibited a woman’s harming a man or a man’s harming a woman’ and His words ‘. . . the heirs also bear the same responsibility’ is a prohibition against harming the child or his mother in breastfeeding. She must not charge for breastfeeding for more than two complete years. If they with mutual agreement wean the child before such time, it is fine.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Hammad ibn ‘Isa from ‘Abd Allah ibn al-Mughirah from ‘Abd Allah ibn Sinan who has said the following: “About the case of a woman who is pregnant and is divorced, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Her waiting period ends with childbirth and he must pay for her maintenance until she gives birth.’”
1. Al-‘Abbas al-Razzaz from Ayyub ibn Nuh and Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from and Humayd ibn Ziyad from ibn Sama‘ah all from Safwan ibn Yahya from Musa ibn Bakr from Zurarah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘A woman divorced three times does not have the right to ask for her maintenance from her husband. Such right becomes due on a husband who has the right to go back to her.’”
2. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Muhammad ibn Ziyad from ‘Abd Allah ibn Sinan who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who is divorced three times according to Sunnah; if she deserves maintenance and accommodation. He (the Imam) said, ‘No, it does not apply to her case.”’
3. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa or a man from Hammad from Shu’ayb from abu Basir who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a woman who is divorced three times; if she deserves maintenance and accommodation. He (the Imam) asked, ‘Is she pregnant?’ I replied, ‘No, she is not pregnant.’ He (the Imam) said, ‘No, she does not deserve it.’”
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 Ja‘far, ‘Alayhi al-Salam, has said, ‘A woman who is divorced three times does not deserve maintenance from her husband; it is for the one whose husband has the right to go back to her.’”
5. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid and Ali ibn Ibrahim has narrated from his father from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a woman who is divorced three times: if she deserves maintenance and accommodation. He (the Imam) asked, ‘Is she pregnant?’ I replied, ‘No, she is not pregnant.’ He (the Imam) said, ‘No, she does not deserve it.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hafs ibn af-Bakhtariy who has said the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who divorces his wife; if he can benefit her. He (the Imam) said, ’Yes, does he not want to be of the people of good deeds, does he not want to be of the pious people?”’
علي بن إبراهيم، عن أبيه، وعدة من أصحابنا، عن سهل بن زياد، عن البزنطي قال: ذكر بعض أصحابنا أن متعة المطلقة فريضة.
2. Ali ibn Ibrahim has narrated from his father and a number of our people have narrated from Sahl ibn Ziyad from al-Bazantiy who has said the following: “Certain persons of our people have mentioned that benefiting a divorced woman is obligatory.’”
3. Ahmad ibn Muhammad from ibn abu Nasr has narrated from al-Bazantiy from ‘Abd al-Karim from al-Halabiy who has said the following: “About the words of Allah, most Majestic, most Glorious, ‘. . . divorced women have rights on the pious ones,’ (2:241) abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is benefiting her after her waiting period ends. An affluent man or one who is not affluent, each must benefit according to their abilities. During the waiting period, however, why he should not benefit her when she is in her waiting period and hopes for him as well as he hopes for her that Allah, most Majestic, most Glorious, as He wills, may make something happen for them?’ He (the Imam) said, ‘If a man is affluent he benefits his wife with servants and a not-so-affluent one benefits with wheat [and barley], raisins, clothes and dirham. Al-Hassan, ibn Ali, ‘Alayhi al-Salam, benefited his wife with a slave-girl. He, ‘Alayhi al-Salam, benefited all the women that he divorced.’”
4. Humayd ibn Ziyad has narrated from Sama‘ah from Muhammad ibn Ziyad from ‘Abd Allah ibn Sinan and Ali ibn Ibrahim has narrated from his father from ‘Uthman ibn ‘Isa from Sama‘ah all abu ‘Abd Allah, ‘Alayhi al-Salam, who has said the following: “About the words of Allah, most Majestic, most Glorious, ‘. . . divorced women must be benefited with fairness; it is a right on the pious ones’, abu ‘Abd Allah, ‘Alayhi al-Salam, has stated this Hadith. ‘It is after the end of waiting period, and about, ‘an affluent man and one not-so-affluent each according to their abilities’, he (the Imam) said, ‘Why should he not benefit her during her waiting period when she hopes and he hopes that Allah by His will may make something good to happen for them? An affluent man must benefits his woman with servant and one not affluent, benefit with wheat, (dates), raisins, clothes and dirham. Al-Hassan ibn Ali, ‘Alayhi al-Salam, benefited the woman he divorced with a slave-girl. He (the Imam) benefited all the women he divorced.’” Humayd ibn Ziyad has narrated from ibn Sanaa ‘ah from Muhammad ibn Ziyad from Mu’awiyah ibn ‘Ammar from abu ‘Abd Allah, ‘Alayhi al-Salam, a similar Hadith except that he has said, ‘Al-Hassan ibn Ali, ‘Alayhi al-Salam, would benefit his women with slave-girls.’”
5. A number of our people have narrated from Sahl ibn Ziyad from ibn abu Nasr from ‘Abd al-Karim from abu Nasr who has said the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, ‘. . . divorced women must be benefited with fairness. It is a right on the pious ones,’ and about what is the minimum of such benefits if one is not affluent. He (the Imam) said, ‘It is a scarf or similar things.’”
1. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and al-‘Abbas Muhammad ibn Ja‘far al-Razzaz from Ayyub ibn Nuh and Humayd ibn Ziyad has narrated from ibn Sama‘ah all from Safwan from ibn Muskan from abu Basir who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man divorces his wife before going to bed with her, she becomes stranger to him and she can marry if she wants in the same hour after divorce. If mahr (dower) is set, she deserves one-half of it but if mahr (dower) is not set he must benefit her.’”
2. Safwan has narrated from in from abu Basir and Ali has narrated from his father and A number of our people have narrated from Ahmad ibn Muhammad from ibn Khalid f, ‘Uthman ibn ‘Isa from Sama‘ah all from abu ‘Abd Allah, ‘Alayhi al-Salam, who has said the following: “The following are the words of Allah, most Majestic, most Glorious. ‘If you divorce them before you touch them and if you have set mahr (dower) for them that must be paid them one-half of it is payable unless it is waved or one who has authority in the matter of marriage waves it.’ (2:237) Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Of people with such authority is the father, or brother or the executor of the will and those whose command in the assets of the woman is effective to buy certain things and she authorizes, if such person waves, then it is permissible. 5 ”
3. Ali has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “About the case of a man who divorces his wife before going to bed with her, abu ‘Abd Allah, ‘Alayhi al-Salam, has stated this Hadith. ‘He owes to her one-half of mahr (dower) if he has set something for her; but if he has not set anything for her he must benefit her like the benefits that similar women receive. 5 The words of Allah, most Majestic, most Glorious, say, ‘. . . or it is waived by the one who has authority in the matters of marriage. . .’ He (the Imam) said, ‘Of such people is father, or a brother or the executor of the will or a man who is authorized in dealing with the assets of the woman to buy for her and he buys if he waves, it then is effective. 555
4. Ali has narrated from his father from ibn abu ‘Umayr from ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who marries a woman and sets a mahr (dower) of one hundred sheep. He then delivers them to her, then divorces her before going to bed with her and the sheep have given birth to their young. He (the Imam) said, ‘If the sheep had become pregnant with him she must return one-half of them and one-half of the young ones; but if they did not become pregnant with him she must return one-half of the sheep but not the young ones. 555 Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from ‘Ubayd ibn Zurarah who has narrated the following: “He has narrated a similar Hadith from abu ‘Abd Allah, ‘Alayhi al-Salam, except that he has said, ‘He delivered sheep and slaves, then sheep and slaves gave birth. 555
Hasan or Muwaththaq· 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.
