Ceci est la partie 6 sur 18 de « The Book of Marriage », livre 19 de Al-Kafi — Hadith 9 618–9 667. Le livre est suffisamment long pour être divisé en 18 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from abu al-Sabbah al-Kinaniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘(A woman’s) gifting herself is not lawful except to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and in other people’s case, marriage is not proper without mahr (dower).”’
4. Ali ibn Ibrahim has narrated from his father from certain persons of his people from ‘Abd Allah ibn Sinan who has said the following: “About the case of a woman who gifts herself or her guardian gifts her to a man, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘No, it was only for the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and not for others unless it is in exchange for something, little or more.’”
5. A number of our people have narrated from Ahmad ibn Muhammad from abu al-Qasim al-Kufiy from ‘Abd Allah ibn al-Mughirah from a man who has said the following: “About the case of a woman who gifts herself to a Muslim man, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If it is in exchange for something it then is correct.’”
1. 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 and Jamil ibn Salih from al-Fudayl who has said the following: “About the case of a man who marries a woman, goes to bed with her, makes her to give birth to children, then dies and she asks something of her mahr (dower) from the heirs of the deceased as well as her share of inheritance, abu Ja‘far, ‘Alayhi al-Salam, has said, ‘She can ask for her share of inheritance but mahr (dower) is what she had received from her husband before going to bed with him and that is which made their marriage lawful, whether little or more as she took possession and accepted and he went to bed with her but thereafter she has nothing to ask for.’”
2. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from ‘Abd al-Rahman ibn al-Hajjaj who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a husband and wife who both die and the heirs of the woman ask the heirs of the man to pay her mahr (dower). He (the Imam) said, ‘There is no such right for them/ I then asked, ‘What happens if woman is living and after his death comes and asks for her mahr (dower)?’ He (the Imam) said, ‘There is nothing for her; she lived with him until his death.’ I then asked, ‘What happens if she dies and he lives and her heirs come and ask for her mahr (dower)?’ He (the Imam) said, ‘She lived with him until her death and did not ask.’ I said that that is true. He (the Imam) said, ‘They have no right.’ I then asked, ‘What happens if he divorces her and she asks for her mahr (dower).’ He (the Imam) said, ‘She had lived with him and did not ask for her mahr (dower), so there is nothing for her.’ I then asked, ‘When has she the right to ask for her mahr (dower)?’ He (the Imam) said, ‘When she is led to his house until she arrives, her demand thereafter is nothing for her, such time is a great deal. She can ask him to take an oath by Allah saying that he does not owe her any mahr (dower), small or large.’”
3. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from abu Ayyub from abu ‘Ubaydah who has said the following: “About the case of a man who marries a woman but he does not go to bed with her and she claims that her mahr (dower) is one hundred dinar while the husband says that it is fifty dinar and there is no witness, abu Ja’far, ‘Alayhi al-Salam, has said, ‘The words of the husband are accepted on oath.’”
4. Muhammad ibn Yahya has narrated from Muhammad ibn Ahmad from Muhammad ibn ‘Abd al-Hamid from abu Jamilah from al- Hassan ibn Ziyad who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When a man goes to bed with his wife then she asks for her mahr (dower) and he says that he has paid, he must present testimony and take an oath.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ‘Udhaynah from Zurarah ibn ‘A‘yan who has said the following: “Once abu ‘ Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who married a woman without witness. He (the Imam) said, ‘It is not unlawful at all between him and Allah. Witness in marriage is for the sake of children, if that is not the concern then it is not unlawful.’”
2. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad all from ibn abu ‘Umayr from Hisham ibn Salim who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Witness and testimony (for marriage) is only for the sake of children and inheritance.’ In another Hadith it is said, ‘and it is for the sake of criminal issues.’”
3. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from Hafs ibn al-Bakhtariy who has said the following: “About the case of a man who marries without witness, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not unlawful.’”
4. A number of our people have narrated from Sahl ibn Ziyad from Dawud al-Nahdiy from ibn abu Najran from Muhammad ibn al- Fudayl who has said the following: “Abu al-Hassan, Musa, ‘Alayhi al-Salam, once said to abu Yusuf, al-Qadi, ‘Allah, most Blessed, most High, has commanded in His book about divorce and He has placed strong emphasis on the presence of two witnesses. He has not accepted anyone as witness other than two just ones. He has commanded in His book about marriage but He has left it (presence of witness) as overlooked. You, however, have established firmly the need for the presence of witnesses where He has overlooked, but you have invalidated the need for the presence of witnesses where He has placed strong emphasis (which is divorce).”’
1. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn abu ‘Umayr from Hammad from af-Halabiy who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, ‘O Holy prophet, we have made your wives lawful for you’ (33:50) and that how many wives has He made lawful for him (the Holy Prophet)? He (the Imam) said, ‘As many as he wanted were lawful for him? I then asked about His words, ‘Thereafter women are not lawful for you and it also is not lawful to exchange with wives? (33:53) He (the Imam) said, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, had permission to marry as many as he wanted of the daughters of his uncle, daughters of his aunts, daughters of his maternal uncles daughters of his maternal aunts and his wives who migrated with him and it was made lawful for him to marry whoever of believing women presented themselves to him without mahr (dower) as a gift and that such a gift is not lawful for people other than the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause. For people other than the Messenger of Allah marriage without mahr (dower) is not valid and that is the meaning of the words of the most High, “and a believing woman who gifts herself to the Holy Prophet?’ (33:49) I then asked about the meaning of His words, ‘You can defer whoever you like and accommodate whoever you like? (33:51) He (the Imam) said, ‘Whoever came forward he married and those who did not he did not marry? I then asked about the meaning of, ‘Thereafter women are not lawful for you? He (the Imam) said, ‘It refers to the women mentioned in this verse, “Unlawful to you for marriage are your mothers, daughters, sisters . . ?’ (4:23) Had it been as they say it is, it became lawful for you those who are not lawful for him, that one of you could exchange whenever he wanted but it is not as they say. Allah, most Majestic, most Glorious, made it lawful for His Holy prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, whatever he wanted of women except those unlawful in this verse? (4:23)”
2. A number of our people have narrated from Sahl ibn Ziyad from abu Najran from ‘Asem ibn Hamid from abu Basir who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, ‘Other than these women are not lawful or to exchange wives even though their beauty may attract you except what your right hands possess?(33:52) He (the Imam) said, ‘I see that you think it is lawful for you what is unlawful for the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, when Allah, most High has made lawful for His Messenger, to marry as many as he wanted. He has said, “other than these ‘woman’” are not lawful for you after that he has made unlawful to you meaning the “women” mentioned in the following verse, “Unlawful to you for marriage are your mothers, daughters . . .” (4:23)’”
3. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali al-Washsha’ from Jamil ibn Darraj Ahmad ibn Muhammad from Muhammad ibn Humran who has said the following: “We once asked abu ‘Abd Allah, ‘Alayhi al-Salam, ‘How many women were lawful for the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause. He (the Imam) said, ‘As many as he (the Messenger of Allah) wanted’ - making a hand gesture by keeping it closed he (the Imam) said - ‘it was lawful for him.’”
4. A number of our people have narrated from Sahl ibn Ziyad from ibn abu Najran from ‘Abd al-Karim ibn ‘Amr from abu Bakr al- Hadramiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, to His the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, ‘O prophet, we have made your wives lawful for you.’ (33:50) and that how many wives has He made lawful for him (the Holy Prophet)? He (the Imam) said, ‘As many as he wanted were lawful for him.’ I then asked about His words, ‘. . . and the believing woman who gifts herself for the Holy Prophet,’ He (the Imam) said, ‘Such a gift is not lawful for people, except the Messenger of Allah; people other than the Messenger of Allah cannot marry without mahr (dower); it is not valid.’ I then asked about the meaning of ‘. . . thereafter women are not lawful for you.’ He (the Imam) said, ‘It refers to the women mentioned in this verse, “Unlawful to you for marriage are your mothers, daughters, sisters . . .” (4:23) Had it been as they say it is, those who are not lawful for him became lawful for you, that one of you could exchange whenever he wanted. It is not as they say. Allah, most Majestic, most Glorious, made it lawful for His Holy prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, as many as he wanted of women except those unlawful in this verse (4:23). The Messenger of Allah had permission to marry as many as he wanted of women except those unlawful in this verse (4:23).’”
5. It is narrated from the narrator of the previous Hadith from ‘ Asem ibn Hamid from abu Basir and others about the names of the wives of the Holy Prophet, and their relations and qualities has said the following: “The names of the wives of the Holy Prophet, were: ‘A’ishah, Hafsah, ‘Umm Habib daughter of abu Sufyan ibn Harb, Zaynab daughter of Jahash, Sawdah daughter of Zam‘ah, Maymunah daughter of al- Harith, Safiyah daughter of Hay ibn Akhtab, ‘Umm Salamah daughter of abu ‘Umayyah and Juwayriyah daughter of al-Harith. ‘A’ishah was from the tribe of Tamim, Hafsah from the tribe of ‘Adiy, ‘Umm Salamah was from tribe of banu Makhzum. Sawdah was from tribe of banu Asad ibn ‘Abd al-‘Uzza’, Zaynab daughter of Jahash was from the tribe of banu Asad, certain ones were from banu ‘Umayyah, ‘Umm Habib daughter of abu Sufyan was from the tribe of banu ‘Umayyah, Maymunah daughter of al-Harith was from the tribe of banu Hilal and Safiyah daughter Hay Akhtab was from banu Israel. He (the Messenger of Allah), O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, died and he had nine wives. Besides these there were those who had given themselves as a gift to the Holy Prophet. Khadijah daughter of Khuwaylid was (his first wife and) the mother of his children. Also of his wives were Zaynab daughter of abu al-Jawn who was deceived and al-Kindiyah.”
6. 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, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, did not marry a second wife in Khadijah’s lifetime.’”
7. Muhammad ibn Yahya has narrated from Salmah ibn al-Khattab from al-Hassan Ali ibn Yaqtin from ‘Asem ibn Hamid from Ibrahim ibn abu Yahya who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘The Messenger of Allah married ‘Umm Salamah and she was given in marriage to him (the Messenger of Allah) by ‘Umar ibn abu Salmah who was small and was not mature yet.’”
8. Ahmad ibn Muhammad al-‘Asemiy has narrated from abu al-Hassan ibn Faddal from Ali ibn Asbat from his uncle Ya’qub ibn Salim from abu Basir who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the meaning of the words of Allah, most Majestic, most Glorious, ‘Thereafter women are not lawful for you. . . (33:53) He (the Imam) said, ‘Unlawful for him were the women mentioned in the verse, "Unlawful for you to marry are your mothers, daughters. . .” (4:23) Had it been as they say it is, those who are not lawful for him became lawful for you, that one of you could exchange whenever he wanted. It is not as they say. Ahadith of Ale Muhammad, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, are different from the Ahadith of people. Allah, most Majestic, most Glorious, made it lawful for His Holy prophet to marry as many as he wanted of women except those unlawful in this verse (4:23).’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ‘Udhaynah from af-Fudayf ibn Yasar and Muhammad ibn Muslim and Zurarah ibn ‘A‘yan and Burayd ibn Mu‘awiyah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘A woman who has control over herself and is not dimwitted and has no master over her, her marriage without guardian is lawful.’”
2. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali from Aban ibn ‘Uthman from abu Maryam who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘The virgin girl who has her father must not marry without his permission.’ He (the Imam) said, ‘If she has control over her affairs she can marry whenever she wants.’”
3. Aban has narrated from ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A woman who has control of her affairs can marry whomever she likes or she can appoint someone as her guardian.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Fadalah ibn Ayyub from ‘Umar ibn Aban al-Kalbiy from Maysarah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman whom I meet in the wilderness and I ask her if she has a husband and she says, ‘No; I do not have a husband’ if I can marry her. He (the Imam) said, ‘Yes, her words about herself are accepted as true.’”
5. Ali ibn Ibrahim has narrated from his father from Ahmad ibn Muhammad from Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn abu ‘Umayr from Flammad ibn ‘Uthaman from al-FIalabiy who has said the following: “About the case of a woman’s second marriage if she can propose for marriage, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘She has more control over her affairs and she can appoint someone to act as her guardian if the man is a proper match and it is her second marriage.’”
6. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Yahya from ibn Muskan from al-Hassan ibn Ziyad who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman if she can propose for marriage. He (the Imam) said, ‘She has more control over her affairs; she can appoint whomever she likes to act as her guardian if it is her second marriage.’”
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn ‘Abd al-‘Aziz al-‘Abdiy 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 slave- girl who belongs to me and an heir (one who has a share in her price as part of his legacy) with me. We set her free. She has a brother who is absent and she is virgin; if it is permissible for me to marry her or it is not permissible without the permission of her brother. He (the Imam) said, ‘Yes, it is permissible for you to marry.’ I then asked, ‘Can I marry her if I wanted?’ He (the Imam) said, ‘Yes, you can do so.’”
8. Ahmad ibn Muhammad has narrated from ibn Mahbub from ibn Ri’ab from Zurarah ibn ‘A‘yan who has said the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘No one other than a father can revoke a marriage.
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from ibn abu ibn abu Ya’fur who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘A virgin woman who has her father must not marry without his permission.’”
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: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘A virgin girl when living with her parents cannot appoint anyone to solemnize her marriage. In the absence of her father anyone can ask her to be appointed as her guardian.’”
3. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Dawud ibn Sarhan who has said the following: “This is concerning my question before abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who wants to give his sister in marriage. He (the Imam) said, ‘He must have her permission and if she remains quiet it is her affirmation. If she refuses he must not give her in marriage, if she says, “Give me in marriage to so and so” then he must give her in marriage to whom she has chosen. An orphan in the care of a man must not be given in marriage without her agreement.’”
4. 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 man who gives his daughter in marriage to someone without her permission. He (the Imam) said, ‘With the existence of her father she has no say and commandments. If he gives her in marriage it is permissible even if she dislikes.’ He (the Imam) was asked about the case of a man who wants to give his sister in marriage. He (the Imam) said, ‘He must have her commandment, permission and if she remains quiet it is her affirmation and if she refuses he cannot give her in marriage.’”
5. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ja’far ibn Sama‘ah from Aban from ibn Fadl ibn ‘Abd al-Malik who has said the following: “Abu ‘Abd Allah, Alayhi al-Salam, has said, ‘The girl who is with her parents cannot appoint someone (to solemnize her marriage) when her father wants to give her in marriage; he is more careful than her. A woman for her second marriage must be asked for her permission if she lives with her parents and they want to give her in marriage.’”
6. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from ‘Abd Allah ibn al-Salt who has said the following: “I once asked al-Rida’, Alayhi al-Salam, about the case of a small girl whose father wanted to give her in marriage: if she had any commandment. He (the Imam) said, ‘No, with the existence of her father she has no commandments.’ I then asked about a virgin who has grown like other woman; if she has any commandment with her father. He (the Imam) said, ‘No, she does not have any commands with her father until she grows up.’”
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Mahziyar from Muhammad ibn al-Hassan al-Ash’ariy who has said the following: “Certain ones of sons of my uncle wrote to abu Ja’far al-Thaniy, ‘Alayhi al-Salam, asking about the small girl whom her uncle gave in marriage to someone and when she grew up she disagreed with the marriage. He (the Imam) wrote back in his own handwriting, ‘She must not be forced, and the command is her command.”’
8. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ahmad ibn Muhammad from ibn abu Nasr who has said the following: “Abu al-Hassan, ‘Alayhi al-Salam, has said, ‘In the case of a virgin, her remaining quiet is her permission, and a woman for her second marriage has her own command and power of decision- making.’”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il ibn Bazi’ who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a small girl whose father gave her in marriage, but he died before her husband went to bed with her; if her marriage was permissible or it was it up to her to decide. He (the Imam) said, ‘Her father’s giving in marriage is permissible.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhim al-Salam, about the case of a girl whose father wants to give her in marriage to one man and her grandfather wants to give her in marriage to another man. He (the Imam) said, ‘Grandfather is preferred above the father as long as it is not harmful to the girl and that the father has not given her in marriage before the grandfather. Both father and grandfather’s giving her in marriage is permissible.’”
2. Ahmad ibn Muhammad has narrated from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has said the following: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhi al-Salam, has said, ‘If a man gives in marriage his granddaughter to a man, it is binding upon his son and his son also can give her in marriage.’ I then asked, ‘What happens if her father likes one man and her grandfather prefers another man?’ He (the Imam) said, ‘Grandfather has greater priority.’”
3. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from abu al-Mighra’ from ‘Ubayd ibn Zurarah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘One day I was with Ziyad ibn ‘Ubayd Allah al-Harithiy when a man came and complained saying, “My father has given my daughter in marriage without my permission.” Ziyad then asked the people in his meeting about their views in the matter. They said, “His marriage is invalid.’” He (the Imam) has said, ‘He then asked, “What do you say, O ‘Abd Allah?” When he asked me I then turned to those who had given him an answer and asked them, ‘Of the matters that you narrate from the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, is there the case of the man who came to him (the Messenger of Allah) and complained against his father like this man and the Messenger of Allah told him that you and your assets belong to your father?’ They replied, ‘Yes, we narrate.’ I then asked them, ‘Why is it that even he and his assets belong to his father but his father’s giving in marriage is not permissible?’ He (the Imam) said, ‘He accepted their words and ignored my words.’”
4. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from Hisham ibn Salim and Muhammad ibn Flakim who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If both father and grandfather give in marriage, the first one’s marriage is effective and if both happens at the same time, the grandfather has the priority.’”
5. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Ja’far ibn Sama‘ah from Aban from al-Fadl ibn ‘Abd al-Malik who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a grandfather gives his granddaughter in marriage and his son is living but grandfather is ill, still marriage is binding.’ We then asked, ‘What happens if the father loves one and grandfather loves another man and they both are equal in justice and agreement?’ He (the Imam) said, ‘I love if she agrees with her grandfather.’”
6. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Dawud ibn al- Husayn from al-‘Abbas who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man marries, then his father rejects it, giving in marriage by the father is permissible; if the grandfather dislikes it, it is not like the case where grandfather gives in marriage, then father wants to reverse it.”’
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. It was about the case of a woman whose brother gave her in marriage to one man and her mother gave her in marriage to another man, her maternal uncle or her brother were younger. He went to bed with her and she became pregnant and the two men sought judgment in the case. The first presented witnesses so she was joined with the first man. Two mahr (dowers) were assigned for her altogether; the Imam stopped the husband who won from going to bed with her until the birth of the child and related the child to the father (the winner of the case).’”
2. 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 all from Safwan from ibn Muskan from Walid Bayya’ al-Asfat who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a girl, when I was present, who had several brothers. The elder brother gave her in marriage in al-Kufah and the younger brother gave her in marriage in another land and he (the Imam) said, ‘The first has priority unless the other one has gone to bed with her, and if he has gone to bed she is his wife and his marriage is binding.”’
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il ibn Bazi’ who has said the following: “Once a man asked him (the Imam), ‘Alayhi al-Salam, about the case of a man who dies and leaves behind two brothers and a daughter who is small. One brother becomes the executor of the will and gives the girl in marriage to his son. The father of the boy married to the girl dies and thereafter the other brother says that his brother did not give the girl in marriage to his son so he gives the girl in marriage to his son and the girl is asked, ‘Which one of the (two) husbands is more beloved to you?’ She says, ‘The other one (son of the second brother) is more beloved to me.’ Then the second brother dies and the other brother has left behind another son older than the son who was married to the girl. He asks the girl to choose whichever of the two she likes. He (the narrator) has said that Hadith about this case says that she is for the second husband because she at that time was able to discern when she was given in marriage and it is not lawful for her to disregard the marriage which is formed after her gaining the ability to discern.’”
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn abu ‘Umayr from Hammad ibn ‘Uthaman from al-Halabiy who has said the following: “About the case of a woman who appoints a man to form her marriage with so and so and he says, ‘I will do so only if you testify that I am your attorney;’ she testifies for him and at the time of ceremony he says to the man who has proposed marriage, ‘O so and so you owe such and such amount’ and he says, ‘Yes, I agree.’ He (her attorney) says to people, ‘Bear witness that this amount for her is on me and I give her in marriage to myself.’ She then says, ‘No, it is not an honor. The control of my affairs is in my own hand and I have not appointed you as the person in charge of my affairs. It was only because of not to verbally be embarrassed before people.’ He (the Imam) said, ‘He is removed from her. He deserves only a headache.’” Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Nu’man from abu al-Sabbah al-Kinaniy from abu ‘Abd Allah, ‘Alayhi al-Salam, a similar Hadith.
1. Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from and Afi ibn Ibrahim has narrated from his father from all from ibn abu ‘Umayr from Hisham ibn al-Hakam who has said the following: “It was once said to abu ‘ Abd Allah, or abu al-Hassan, ‘Alayhi al-Salam, ‘We give our children in marriage when they are small children.’ He (the narrator) has said that he (the Imam) said, ‘If they are given in marriage when they are small, they may fail to develop loving relationships.’”
1. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from ‘Abd al-Karim ibn ‘Amr from abu Basir who has said the following: (...Consult Fatwah about this Hadith)
2. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: (...Consult Fatwah about this Hadith)
3. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from Safwan ibn Yahya from Musa ibn Bakr from Zurarah who has said the following: (...Consult Fatwah about this Hadith)
Daif (per the well-known view)· al-Majlisi
Recueils sunnites : texte du jeu de données ouvert hadith-api. Al-Kafi : texte arabe, traduction de Muhammad Sarwar et authentifications de Thaqalayn.net via l'API Thaqalayn. La numérotation suit ces éditions et peut différer d'une copie imprimée — vérifiez l'arabe dans une édition de confiance avant de vous appuyer sur une référence.
