This is part 6 of 10 of “The Book of Talaq (Divorce)”, book 21 of Al-Kafi — Hadith 10,716–10,765. 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.
حميد، عن ابن سماعة، عن ابن رباط، عن ابن مسكان، عن أبي العباس قال:قلت لأبي عبد الله عليه السلام: المتوفى عنها زوجها؟ قال: لا تكتحل للزينة ولا تطيب، ولا تلبس ثوبا مصبوغا، ولا تخرج نهارا، ولا تبيت عن بيتها، قلت: أرأيت إن أرادت أن تخرج إلى حق كيف تصنع؟ قال: تخرج بعد نصف الليل وترجع عشاء.
6. Humayd has narrated from ibn Sama‘ah from ibn Ribat from ibn Muskan from abu al-‘Abbas who has said the following: “I once asked abu Ibrahim, ‘Alayhi al-Salam, about the case of a woman whose husband dies. He (the Imam) said, ‘She must not use kohl for beautification, perfume or colorful dresses. She must not go out of her house during the day or spend the night somewhere other than her house.’ I then asked, ‘Can she go out to bear witness for a right? He (the Imam) said, ‘She can do so after midnight and return in al-‘Isha ’ (darkness).”’
حميد، عن ابن سماعة، عن عبد الله بن جبلة، عن ابن بكير، عن عبيد بن زرارة، عن أبي عبد الله عليه السلام قال: سألته عن المتوفى عنها زوجها أتخرج من بيت زوجها؟ قال: تخرج من بيت زوجها وتحج وتنتقل من منزل إلى منزل.
7. Humayd has narrated from ibn Sama‘ah from ‘Abd Allah ibn Jabalah from ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “I once asked abu Ibrahim, ‘Alayhi al-Salam, about the case of a woman whose husband dies; if she can go out of the house of her husband. He (the Imam) said, ‘She can go out of the house of her husband, travel for al-Hajj or move from one house to another house.’”
محمد بن يحيى، عن أحمد بن محمد، عن علي بن الحكم، عن العلاء بن رزين، عن محمد بن مسلم، عن أحدهما عليهما السلام قال: سألته عن المتوفى عنها زوجها أين تعتد، قال: حيث شاءت ولا تبيت عن بيتها.
8. 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 woman whose husband dies and about where she can complete her waiting period. He (the Imam) said, ‘She can do so wherever she likes but she must not pass a night in a place other than her house.’”
محمد، عن أحمد بن محمد، عن الحسين، عن محمد بن عيسى، عن يونس، عن رجل، عن أبي عبد الله عليه السلام قال: سألته عن المتوفى عنها زوجها أتعتد في بيت تمكث فيه شهرا أو أقل من شهر أو أكثر، ثم تتحول منه إلى غيره فتمكث في المنزل الذي تحولت إليه مثل ما مكثت في المنزل الذي تحولت منه كذا صنيعها حتى تنقضي عدتها؟ قال: يجوز ذلك لها ولا بأس.
9. Muhammad ibn Ahmad has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Isa from Yunus from a man who has said the following: “I once asked abu Ibrahim, ‘Alayhi al-Salam, about the case of a woman who is widowed; if she can count her waiting period in a house for a month or less or more then move to another house and stay there as she did in the other house and so on until her waiting period is complete. He (the Imam) said, ‘It is permissible and it is not harmful.’”
10. Humayd has narrated from ibn Sama‘ah from Muhammad ibn abu Hamzah from abu Ayyub from Muhammad ibn Muslim who has said the following: “A woman came to abu ‘Abd Allah, ‘Alayhi al-Salam, to ask for a fatwa about spending the night in another house; her husband had died. He (the Imam) said, ‘In the time of ignorance widows had to sit in mourning for twelve months. When Muhammad, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, was sent he felt sympathy for their weakness and reduced it (mourning) to four months and ten days but you do not bear it patiently.’”
11. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a woman whose husband dies; if it is proper for her to perform al-Hajj and visit the sick people. He (the Imam) said, ‘Yes, she can do so for the sake of Allah, but must not use kohl and perfume.’”
12. 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 widow whose husband has died must not use perfumes and beautify herself until her ‘Iddah (waiting period) of four months and ten days is complete.’”
13. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from ibn Ri’ab from abu Basir who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman whose husband dies; if she during her waiting period can go out for a right. He (the Imam) said, ‘Certain ones of the wives of the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, asked saying, ‘Husband of so and so has died; if she can go out for a right which affects her.’ The Messenger of Allah said, ‘Woe upon you! Before I commenced my mission a woman among you whose husband would die needed to hold back carnal desires and throw it behind her.’ She then would say, ‘I will not use comb, kohl, or dyes for one complete year.’ I have only commanded you to wait for four months and ten days; even then you do not remain patient not to use comb, kohl, dyes not to go out during the day and not to spend the night somewhere other than your home.’ She then asked, ‘O Messenger of Allah, what must she do? There is a right that affects her.’ He (the Messenger of Allah) said, ‘She can go only after midnight and return when it is dark after sunset so that she is not spending the night somewhere other than her house.’ I then asked him (the Imam) if she could perform al-Hajj. He (the Imam) said, ‘Yes, she can do so.’”
14. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr who has said the following: “I once asked abu Ibrahim, ‘Alayhi al-Salam, about the case of a woman whose husband dies; if she can perform al-Hajj. He (the Imam) said, ‘Yes, she can do so and she can move from one house to another house.’”
1. 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 woman whose husband dies before going to bed with her. He (the Imam) said, ‘She deserves one- half of mahr (dower) and complete inheritance but she must count a complete waiting period/”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal 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 but has not gone to bed with her. He (the Imam) said, ‘If he or she dies or he divorces her, she deserves one- half of the mahr (dower), complete inheritance and must count complete waiting period.’”
3. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from ‘Abd al-Rahman ibn al-Hajj aj from a man who has said the following: “About the case of a woman whose husband dies before going to bed with her, Ali ibn al-Husayn, ‘Alayhi al-Salam, has said, ‘She deserves one-half of mahr (dower), complete inheritance and must count complete waiting period.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If one has not gone to bed with his wife but has set up mahr (dower), she deserves one-half of the mahr (dower) that is set for her and complete inheritance. She must count complete waiting period.’”
5. Ali has narrated from his father and a number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub from ibn Ri’ab from Zurarah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a woman who dies before his going to bed with her or her husband dies before going to bed with her. He (the Imam) said, ‘Whoever of them dies she deserves one-half of mahr (dower) which is set for her, but if it is not set for her then mahr (dower) is not payable to her.’”
6. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Washsha’ from Aban from ibn abu Ya‘fur who has said the following: “About the case of a woman who dies before his going to bed with her, about her mahr (dower) and her inheritance, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If mahr (dower) is set for her, she deserves one-half of it and he inherits her legacy. If mahr (dower) is not set then mahr (dower) is not payable to her.’ About the case of a man who dies before going to bed with his wife, he (the Imam) said, ‘If he has set mahr (dower) for her she deserves one-half of it and she inherits him, but if mahr (dower) is not set she then does not have the right to demand any mahr (dower).”’
7. Through the same chain of narrators as that of the previous Hadith the following is narrated from Aban ibn ‘Uthman from ‘Ubayd ibn Zurarah and Fadl ibn al-‘Abbas who have said the following: “Once we asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who marries a woman and then dies. He has set mahr (dower) for her. He (the Imam) said, ’She deserve one-half of the mahr (dower) and complete inheritance. If she dies the same rule applies in her favor.’”
8. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Muhammad ibn Ziyad from ‘Abd Allah ibn Sinan who has said the following: “Abu ’Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin issued a judgment about one whose husband had died before going to bed with her, that said, ’She must not marry until her waiting period of four months and ten days is complete, which is the waiting period for one whose husband dies.’”
9. Humayd has narrated from ibn Sama‘ah from Ahmad ibn al-Hassan from Mu‘awiyah ibn Wahab from ‘Ubayd ibn Zurarah who has said the following: “About the case of a woman whose husband dies before going to bed with her, abu ’Abd Allah, ‘Alayhi al-Salam, has said, ‘She is like a divorced woman with whom he has not gone to bed. If mahr (dower) is set for her she deserves one-half of it, otherwise, she does not have the right to demand mahr (dower) but she has the right to inherit.’ I asked about waiting period. He (the Imam) said, ‘Do not ask about it.’”
10. Humayd has narrated from ibn Sama‘ah and abu al-‘Abbas al-Razzaz from Ayyub ibn Nuh and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from Safwan ibn Yahya from ibn Muskan from al-Hassan al-Sayqal and abu Abbas who has said the following: “About the case of a woman whose husband dies before going to bed with her, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘She deserves one-half of mahr (dower), complete inheritance and she must count the waiting period.’”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “I once asked abu Ibrahim, ‘Alayhi al-Salam, about the case of a woman whose husband dies before going to bed with her. He (the Imam) said, ‘She inherits and must count the waiting period, if mahr (dower) was set for her she deserved one-half of it, otherwise, she does not have the right to demand mahr (dower).”’
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from certain persons of our people who has said the following: “This is about the case of a man who divorces his wife in a manner that gives him the right to go back to her, then he dies. One of the two Imam, (abu Ja‘far or abu ‘ Abd Allah), ‘Alayhi al-Salam, has said, ‘She must count her waiting period in the form of the longer period of time, which is four months and ten days.”’
2. It is narrated from the narrator of the previous Hadith from certain persons of our people who has said the following: “About the case of a woman divorced irrevocably if her husband dies, he (the Imam), ‘Alayhim al- Salam, has said, ‘She must count her waiting period according to the longer of the two forms of waiting periods.’”
3. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Muhammad ibn Ziyad from ‘Abd Allah ibn Sinan who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has stated this Hadith. ’Amir al-Mu’minin issued a judgment in the case of a man who divorced his wife; then died; when she counted her waiting period, that said, ‘She inherits his legacy, and if she dies during her waiting period he inherits her legacy, each one inherits from the wergild of the other, if one of them does not kill the other.’” Muhammad ibn abu Hamzah has added, ‘She counts her waiting period for a woman whoes husband has died.’ Al-Hassan ibn Sama‘ah has said that this much is missing from the book of ibn Ziyad and I do not think except that he has narrated it.
4. 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: “About the case of a woman whose husband has died, one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said that her maintenance must be paid from her husband’s assets.’”
5. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad ibn ‘Isa from ibn abu ‘Umayr from Hisham ibn Salim who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who divorces his wife and dies before the end of her waiting period. He (the Imam) said, ‘She must count her waiting period according to the longer of the two periods of time.’”
6. Ali ibn Ibrahim has narrated from his father from ibn abu Najran and Ahmad ibn Muhammad from ibn abu Nasr from ‘Asem ibn Hamid from Muhammad ibn Qays who has said the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘If a woman is divorced and her husband dies before her waiting period ends, when she has not become stranger to him, she inherits his legacy and must complete a waiting period for a widow. If she dies before the end of her waiting period when she has not become stranger to him, he inherits her legacy.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub 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 is ill; if he can divorce his wife in such condition. He (the Imam) said, ‘No, he cannot divorce, however, he can marry if he wants and if he goes to bed with her, she inherits his legacy but if he did not go to bed with her his marriage is invalid.’”
2. Through the same chain of narrators as that of the previous Hadith the following is narrated from ibn Mahbub from Rabi’ al-Asamm from abu ‘ Ubaydah al-Hadhdha’ and Malik ibn ‘ Atiyyah from abu al-Ward who both have said the following: “About the case of a man who divorces his wife once during his illness and waits until her waiting period ends she inherits him as long as she does not marry; but if she marries after her waiting period she then does not inherit his legacy.’”
3. Abu Ali al-Astdariy has narrated from Muhammad ibn ‘Abd al-Jabbar and al-Razzaz from Ayyub ibn Nuh and Muhammad ibn Tsma‘il has narrated from al-Fadl ibn Shadhan and Humayd ibn Ziyad from ibn Sama‘ah all from Safwan from ‘Abd al-Rahman ibn al-Hajj aj from those who narrated to him who has said the following: “About the case of a man who divorces his wife during his illness, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If he dies from his illness and she has not married, she inherits his legacy. If she has married then she has agreed with what she has done, thus, she does have the right to inherit.’”
4. Humayd ibn Ziyad has narrated from ibn Sama‘ah from ‘Abd Allah ibn Jabalah from ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘One’s divorcing during his illness is not permissible, however, his marriage is permissible.’”
5. It is narrated from the narrator of the previous Hadith from Ahmad ibn Muhammad from Muhsin from Mu‘awiyah ibn Wahab 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 divorces his wife during his illness and one year passes. He (the Imam) said, ‘She inherits if it is during his illness in which he divorced her, but not in between (she does not inherit if divorce takes place between two illnesses).”’
6. It is narrated from the narrator of the previous Hadith from al-Hassan ibn Muhammad from ibn Sama‘ah from ibn Ribat from ibn Muskan 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 once when he is ill and he had divorced her twice before. He (the Imam) said, ‘She inherits his legacy if it was during his illness.’ I then asked, ‘What is the limit of illness?’ He (the Imam) said, ‘The illness which continues until he dies even if it prolongs for one year.’”
7. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from abu al-‘Abbas who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man divorces his wife during his illness she inherits his legacy as long as it is in his illness even if her waiting period ends unless he gets well from that illness.’ I then asked, ‘What happens if the illness prolongs?’ He (the Imam) said, ‘It is up to one year.’”
8. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from Zurarah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘One cannot divorce his wife in his illness but his marriage is permissible.’”
9. Muhammad has narrated from Ahmad from al-Husayn ibn Sa‘id from his brother al-Hassan from Zur’ah ibn Muhammad from Sama‘ah who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who divorces his wife when he is ill. He (the Imam) said that she inherits his legacy. She inherits him as long as she is in her waiting period. If he has divorced her in a condition that harms her, she inherits him up to one year; and if it is more than one year even by one day, then she does not inherit and she counts a waiting period for four months and ten days like the waiting period for a widow.’”
10. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Aban ibn ‘Uthman from a man who has said the following: “About the case of a man who divorces his wife twice when he is not ill and the third divorce is in his illness, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘She inherits him as long as he is ill even if it prolongs for one year.’”
11. Ali has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who is about to die, and he divorces his wife; if such divorce is permissible. He (the Imam) said, ‘Yes, it is permissible and if he dies she inherits his legacy but if she dies he does not inherit her legacy.’”
12. Ali has narrated from his father from ibn Mahbub from ibn Ri’ab from Zurarah who has said the following: “One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘A man in his illness must not divorce his wife; but he can marry a woman. If he marries and goes to bed with her, it is permissible; and if he did not go to bed with her until he dies from that illness, his marriage is invalid and she does not have mahr (dower) or inheritance.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘A man must not harm his wife when he divorces her to make it difficult for her so she is forced to move away before the end of her waiting period. Allah, most Majestic, most Glorious, has prohibited it, saying, . . you must not harm them (women) to make it difficult for them.’” (65:6) Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad, from Ali ibn al-Hakam, from Ali ibn abu Hamzah from abu Basir from abu ‘Abd Allah, ‘Alayhi al-Salam, a similar Hadith.
1. A number of our people have narrated from Ahmad ibn Muhammad from ibn Khalid and Ali ibn Ibrahim has narrated from his father from all from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the divorce of a boy who is not mature yet, and his charity. He (the Imam) said, ‘If he divorces according to Sunnah and places charity in the proper place where it rightly belongs, it is not unlawful and it is permissible.’”
2. 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 that divorce of a child does not have any valid effect.’”
3. Humayd ibn Ziyad has narrated from ibn Sama‘ah ‘Abd Allah ibn Jabalah from Ali ibn abu Hamzah from abu Basir who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Divorce by a child and one who is drunk do not have any valid effect.’”
4. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Husayn from a number of his people from ibn Bukayr who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Divorce by a child is [not] permissible if he understands as well as his will and charity and even if he does not experience wet dream.’” Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad Ahmad ibn Muhammad from Muhammad ibn al-Husayn all from ibn Faddal from ibn Bukayr from ‘Abd Allah ‘Alayhi al-Salam, a similar Hadith.
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from certain persons of his people who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that divorce by a child is [not] permissible when he becomes ten years old.”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id, from al-Nadr ibn Suwayd, from Muhammad ibn abu Hamzah from abu Khalid al-Qammat who has said the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who has a mental condition and his reason is gone; if divorce by his guardian is permissible. He (the Imam) said, ‘Why does he not divorce?’ I replied, ‘He does not feel safe because tomorrow he may say that he did not divorce or he does not know how to do it.’ He (the Imam) said, ‘I do not see his guardian except like a sultan (king, authority).”’
2. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and abu al-‘Abbas al-Razzaz from Ayyub ibn Nuh and Humayd ibn Ziyad has narrated from ibn Sama‘ah Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from ‘Abd Allah from Safwan from abu Khalid al-Qammat who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who sometime understands and sometimes does not understand: if his divorce by his guardian is permissible. He (the Imam) asked, ‘What is the matter with him, why does he not divorce?’ I replied, ‘He does not know the rules of divorce and does not feel safe. Perhaps tomorrow he will say that he did not divorce.’ He (the Imam) said, ‘I do not see him (guardian) except like an Imam (in his case).”’
3. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from ‘Umar ibn ‘Udhaynah from Zurarah and Bukayr and Muhammad ibn Muslim and Burayd and Fudayl ibn Yasar Ahmad ibn abu ‘Abd Allah ’Isma‘il ibn al-Azraq and Mu’ammar ibn Yahya who has said the following: “Abu Ja‘far, and abu ‘Abd Allah, ‘Alayhi al-Salam, have said, ‘Divorce by al-Muwallah (confused, excited, awestruck); one’s divorce and setting free of slaves is not valid.’”
4. A number of our people have narrated from Sahl ibn Ziyad ibn abu Nasr from ‘Abd al-Karim from al-Halabiy who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who has a mental condition whose reason has gone; if his divorce is permissible. He (the Imam) said, ‘No, it is not permissible.’ About a woman of the same condition if her selling and charity is permissible, he (the Imam) said, ‘It is not permissible.’”
5. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from al-Hassan ibn Salih from Shihab ibn ‘Abd Rabbihi who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man because of a mental condition cannot divorce properly, his guardian must do it for him according to Sunnah .’ I then asked, ‘What happens if because of ignorance he divorced her three times at the same place and time?’ He (the Imam) said, ‘It is returned to the Sunnah and when three months pass or three Hayd (menses)-free periods, she becomes stranger to him with one divorce.’”
6. 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, ‘Divorce is permissible except divorce by a man with mental condition, a child or Mubarsam, (suffering from a disease of diaphragm), an insane or a coerced one.”’
Daif (per the well-known view)· 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.
