Ceci est la partie 9 sur 18 de « The Book of Marriage », livre 19 de Al-Kafi — Hadith 9 768–9 817. 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. Sahl ibn Ziyad has narrated from Ahmad ibn Muhammad from ibn abu Nasr from al-Muthanna’ from Ishaq ibn ‘Ammar 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 in such a way that he cannot remarry her before her marriage with another man, then a slave marries and divorces her; if divorce is destroyed (restriction due to three divorces). He (the Imam) said, ‘Yes, because of the words of Allah, most Majestic, most Glorious, in His book, “. . . until she marries a husband other than him.” (2:230) He (the Imam) said, ‘He is one of the husbands.’”
4. Sahl ibn Ziyad has narrated from Muthanna’ from abu Hatim 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 in such a way for which he cannot remarry her without her marriage with another man, then another man marries her and does not go to bed with her. He (the Imam) said, ‘No, it is not enough until he tastes her honey.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Hammad 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 divorces his wife once, then leaves her alone until waiting period is complete; then another man marries her, then the man dies or divorces her and the first husband comes back to her. He (the Imam) said, ‘She can live with him for the two remaining divorces.’”
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Mahziyar from who has said the following: “‘Abd Allah ibn Muhammad once wrote to abu al-Hassan, Alayhi al-Salam, saying that certain persons of our people have narrated from abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who divorces his wife according to the book and Sunnah and she becomes stranger for him after the first divorce; then marries another man who dies or divorces her and she goes back to her first husband to live with him for the two remaining divorces when one (divorce) has passed. He (the Imam) signed with his handwriting, ‘What they have narrated is true.’ A certain ones of them have narrated that she can live with him for three divorces in future and this divorce is not counted because she married another husband. He (the Imam) signed the answer in his handwriting, ‘No, that is not the case.”’
1. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from Ahmad ibn Muhammad from ibn abu Nasr from al-Muthanna’ from Zurarah ibn ‘A‘yan from Dawud ibn Sarhan from abu ‘Abd Allah, ‘Alayhi al-Salam, and ‘Abd Allah ibn Bukayr from ‘Udaym Bayya’ al-Harawiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘A woman who because of al-Mula‘inah (condemnation) when it (condemnation) is from the husband becomes unlawful for marriage for him forever; a woman who is married during her waiting period knowing all about her condition becomes unlawful for him forever; a woman divorced three times in a way whereafter he can only marry her again after her marriage with another man, remarry her three times, each time after the above process, she then becomes unlawful for him forever and a woman whom one marries in the state of Ihram knowing that it is unlawful becomes unlawful for him forever.’”
2. 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 marries a woman during her waiting period and goes to bed with her, she becomes unlawful for him forever, regardless, he knows or not, but if he has not gone to bed with her, she is lawful for the one ignorant of her condition and is unlawful for the other (one who knows her condition).”’
3. 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 all from Safwan from ‘Abd al-Rahman ibn al-Hajjaj who has said the following: “I once asked abu Ibrahim, ‘Alayhi al-Salam, about the case of a man who married a woman during her waiting period because of ignorance; if she became unlawful for him forever. He (the Imam) said, ‘No, if marriage is because of ignorance he must marry her again after the waiting period is complete; people due to ignorance are sometimes forgiven even for an issue bigger than this.’ I then asked, ‘Of the two which ignorance is excused, ignorance of its unlawfulness or ignorance of her being in the waiting period?’ He (the Imam) said, ‘Of the two the ignorance which is easier is excused, and it is ignorance of the fact that Allah has made it unlawful because with it he cannot maintain precaution.’ I then asked, ‘Will he because of such ignorance be excused on the Day of Judgment?’ He (the Imam) said, ‘Yes, when her waiting period is complete he is excused if he marries her.’ I then asked, ‘What happens if one knows and the other is ignorant?’ He (the Imam) said, ‘The one who knowingly has done it can never return to his companion.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad 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 is pregnant and her husband dies. She gives birth and marries before the passing of four months and ten days. He (the Imam) said, ‘If he has gone to bed with her, they must be separated from each other and she will be unlawful for him forever. She must complete the remaining of her waiting period and complete another waiting period from the end of that for three cycles of menses, but if he has not gone to bed with her, they must separated from each other and she must complete the remaining of her waiting period and he then is one of the people who can propose to her for marriage.’”
5. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from Ahmad ibn Muhammad from ibn abu Nasr from ‘Abd al-Karim from Muhammad ibn Muslim who has said the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a woman who was pregnant and her husband died. She gave birth and married before the passing of four months and ten days. He (the Imam) said, ‘If the one who has married has gone to bed with her, they must separate from each other and she is not lawful for him forever. She must complete the remaining of her first waiting period and complete another waiting period in future for three cycles of menses; but if he has not gone to bed with her, they must separate from each other and she must complete the remaining of her waiting period. He then is one of those who can propose to her for marriage.’”
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Muhammad ibn al-Husayn from ‘Uthman ibn ‘Isa from Sama‘ah and ibn Muskan from Sulayman ibn Khalid who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a man who married a woman during her waiting period. He (the Imam) said, ‘They must separate from each other; and if he has gone to bed with her he must pay mahr (dower) for making his going to bed with her lawful. They must separate from each other and she is not lawful for him forever. If he has not gone to bed with her she does not have any mahr (dower).”’
7. Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from and Ali ibn Ibrahim has narrated from his father all from ibn abu ‘Umayr from Jamil ibn Darraj from abu ‘Abd Allah, ‘Alayhi al-Salam, and Ibrahim ibn ‘Abd al-Hamid from abu ‘Abd Allah, and abu al-Hassan, recipients of divine supreme covenant, who has said the following: “Abu ‘Abd Allah, and abu al-Hassan, ‘Alayhim al-Salam, have said, ‘If a man (1) divorces a woman then remarries her, then (2) he divorces and the same husband marries her, then (3) divorces her and another man marries her then this man divorces her and the first man marries her then the first husband divorces her in the same way up to three times, she thereafter becomes unlawful for him forever.’”
8. Ahmad ibn Muhammad al-‘Asemiy has narrated from Ali ibn al-Hassan ibn Faddal from Ali ibn Asbat from his uncle, Ya’qub ibn Salim from Muhammad ibn Muslim who has said the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who married a woman during her waiting period. He (the Imam) said, ‘If he has gone to bed with her, they must separate from each other and she is not lawful for him forever. She must complete the remaining time of the first waiting period and complete another waiting period thereafter, but if he has not gone to bed with her they must separate from each other and she must complete the first waiting period and he can be of those who can propose to her for marriage.’”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn abu Hamzah from abu Basir who has said the following: “About the case of a man who marries a woman during her waiting period, abu ‘Abd Allah, ‘Alayhi al- Salam, has said, ‘They must separate from each other and she must complete her waiting period. If he has gone to bed with her he must pay mahr (dower) for his going to bed and they must separate from each other. If he has not gone to bed with her then she has no mahr (dower). He (the narrator) has said, ‘I then asked him (the Imam) about the case of a man who divorced then returned to his wife then divorced and then returned then divorced.’ He (the Imam) said, ‘She is not lawful for him until she marries another man and who divorces her according to the Sunnah then she returns to her first husband who divorces her three times according to the Sunnah then she marries another man then she marries. Such woman is the one who becomes unlawful for him forever and because of al-Mula‘inah (condemnation) also she becomes unlawful for him forever.”’
10. Ali ibn Ibrahim has narrated from his father from Safwan from Ishaq ibn ‘Ammar who has said the following: “I once said to abu Ibrahim, ‘Alayhi al-Salam, ‘It is narrated to us from your father that if a man marries a woman during her waiting period she becomes unlawful for him forever.’ He (the Imam) said, ‘That is the case if he knows about it, but if he is ignorant he must separate from her and she must complete the waiting period then he can marry her anew.’”
11. A number of our people have narrated from Ahmad ibn Muhammad in a marfu’ manner has said the following: “He (the Imam), ‘Alayhi al-Salam, has said, ‘If a man marries a woman and knows that she has a husband, they must separate from each other and she becomes unlawful for him forever.’”
12. A number of our people have narrated from Sahl ibn Ziyad from Ya’qub ibn Yazid from certain persons of our people who have said the following: (...Consult Fatwah about this Hadith)
13. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man divorces a woman, then she marries a man then he divorces her then she marries the first man then divorces her and she marries a man then divorces her then she marries the first man then he divorces her, she becomes unlawful for him forever.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from Zurarah ibn ‘A‘yan and Muhammad ibn Muslim who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man accumulates four wives then divorces one, he cannot marry the fifth before the end of waiting period of the woman whom he has divorced.’ He (the Imam) said, ‘A man cannot deposit his water in five.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn abu Hamzah who has said the following: “This is concerning my question before abu Ibrahim, ‘Alayhi al-Salam, about the case of a man who has four wives; if he can divorce one and marry in her place another one. He (the Imam) said, ‘No, he cannot do so until her waiting period is complete.’”
3. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from ‘Asem ibn Hamid from Muhammad ibn Qays who has said the following: “About the case of a man who has four wives, who divorces one and marries another one in her place before the waiting period of the one just divorced is complete, I once heard abu Ja’far, ‘Alayhi al- Salam, saying, ‘He must join her with her family until the one just divorced completes her waiting period and the other one must complete a waiting period and she deserves her mahr (dower), if he has gone to bed with her; but if he has not gone to bed with her he has his assets and there is no waiting period on her; thereafter if she asks her family to arrange marriage for her they can do so or if they want they will not do so.’”
4. 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 ‘ Anbasah ibn Mus’ab who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who had three wives and he married two more women. He went to bed with one of them, then died. He (the Imam) said, ‘The marriage of the woman whom he first married and mentioned her name at the time of pronouncing the terms, is permissible. She deserves inheritance and she must complete waiting period; but if he had gone to bed with the woman who was named and mentioned after the mention of the first woman, her marriage is invalid, she does not deserve inheritance and mahr (dower), but she must complete the waiting period.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj who has said the following: “About the case of a man who marries five women in one contract, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He can keep any four and allow anyone of them to go.’”
1. Ali ibn Ibrahim has narrated from his father and A number of our people have narrated from Sahl ibn Ziyad all 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: “Abu Ja‘far, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, ‘Alayhi al-Salam, issued a judgment about the case of two sisters, of whom one had married a man who divorced her, and she was pregnant, then proposed marriage to her sister and married her before her divorced sister gave birth, he (the Imam) commanded them to separate from the one married last until her sister gives birth, then he can propose marriage to her and assign mahr (dower) for her twice.’”
2. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from ibn Muskan from abu Bakr al- Hadramiy who has said the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a man who marries a woman and then comes to a land where he marries her sister but he does not know. He (the Imam) said, ’He can keep whichever he wants and allow the other one to go.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from certain persons of his people who have said the following: “About the case of a man who marries two sisters in one marriage, one of the two Imam, (abu Ja’far or abu ’Abd Allah), ‘Alayhim al-Salam, has said, ‘He has the choice to keep whichever he wants and allow the other one to go.’ About the case of a man who had a slave-girl with whom he went to bed, then bought her mother or her daughter, he (the Imam) said, ’She is unlawful for him forever.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from ibn Bukayr and Ali ibn Ri’ab from Zurarah ibn ‘A‘yan 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 in Iraq a woman; then goes to al-Sham (Syria) and marries another there who is the sister of the one in Iraq. He (the Imam) said, ‘He must separate from the one in al-Sham and must not go close to the woman until waiting period of the woman in al-Sham is complete.’ I then asked, ‘What happens if one marries a woman then marries her mother in ignorance?’ He (the Imam) said, ‘Allah has exempted people in their ignorance.’ Then he (the Imam) said, ‘When he comes to know that she is her mother he must not go close to her as well as to her daughter until waiting period of the mother is complete and when waiting period of mother is complete marriage with daughter becomes lawful.’ I then asked, ‘What happens if the mother gives birth?’ He (the Imam) said, ‘He is his child and thus his son becomes brother of his wife.’”
5. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus who has said the following: “I read in the letter of a man to al-Rida’, ‘Alayhi al-Salam, that said, ‘I pray to Allah to keep my soul in service for your cause, if a man marries a woman in the manner of Mut‘ah for an appointed time which expires; if he can marry her sister before her sister completes her waiting period.’ He (the Imam) had written to him, ‘It is not lawful for him to marry before her waiting period is complete.’”
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Muhammad ibn ‘Isma’il ibn Bazi’ from Muhammad ibn al-Fadl from abu al-Sabbah al-Kinaniy who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man whose wife divorces him in the manner of al-Khula‘ (payment for divorce); if it is permissible to propose marriage to her sister before her waiting period is complete. He (the Imam) said, ‘Since she has set herself free and there is no chance to go back, it is lawful for him to propose marriage to her sister.’ He (the narrator) has said that he (the Imam) was asked about the case of a man who had two sisters as his slave-girls. He goes to bed with one of them then he goes to bed with the other one. He (the Imam) said, ‘When he goes to bed with the other one, the first one becomes unlawful for him until the other one dies.’ I then asked, ‘What happens if he sells her?’ He (the Imam) said, ‘If he sells her because of a reason without anything in his mind about the other slave-girl, then I do not see it as harmful, but if he sells her so he can go to the first one, then it is not permissible.’”
7. Ali ibn Ibrahim 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 or she arranges for KhuT (payment for divorce) or she becomes a stranger to him; if he can marry her sister. He (the Imam) said, ‘When she has freed herself from responsibility and he is not able to go back to her, it then is permissible for him to propose marriage to her sister.’ He (the narrator) has said that he (the Imam) was asked about the case of a man who has two sisters as his slave-girls. He goes to bed with one of them, then he goes to bed with the other one. He (the Imam) said, ‘When he goes to bed with the other one the first one becomes unlawful for him until the other one dies.’ I then asked, ‘What happens if he sells her?’ He (the Imam) said, ‘If he sells her because of a reason without anything in his mind about the other slave-girl, then I do not see it as harmful; but if he sells her so he can go to the first one, then it is not permissible and it is not honorable.’”
8. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali from Zurarah who has said the following: “About the case of a man who divorces his wife and she is pregnant; if he can marry her sister before she gives birth, he (the Imam), ‘Alayhi al-Salam, has said, ‘He must not marry her until her time is complete.’”
9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn abu Hamzah who has said the following: “This is concerning my question before abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who divorces a woman; if he can marry her sister. He (the Imam) said, ‘No, he cannot do so until her waiting period is complete.’ He (the narrator) has said, ‘I asked him (the Imam) about the case of a man who owns two sisters; if he can go to bed with both of them. He (the Imam) said, ‘He can go to bed with one of them. When he goes to bed with the second one, the first one becomes unlawful for him until the second one dies or separates from her and he cannot sell the second in order to go to the first one unless he sells for a reason or gives her in charity or she dies.’ He (the narrator) has said, ‘I asked him (the Imam) about the case of a man who had a woman who died; if he could marry her sister. He (the Imam) said, ‘He can do so at the same hour if he likes.’”
10. 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 ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who has a slave-girl and sets her free. She then marries and gives birth; if her first master can marry her daughter. He (the Imam) said, ’She is unlawful for him because she is his daughter, free and slaves are the same in this issue.’ Then he (the Imam) read this verse, . . the ones who grow in your care from your wives.’ (4:23)” Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from al-’Ala’ ibn Razin from Muhammad ibn Muslim from one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhi al-Salam, a similar Hadith.
11. Ahmad ibn Muhammad has narrated from those whom he has mentioned from al-Husayn ibn Bishr who has said the following: “I once asked al-Rida’, ‘Alayhi al-Salam, about the case of a man who had a slave-girl who had a daughter. He falls on her (for sexual intercourse); if he could fall on her daughter. He (the Imam) said, ‘Does a man of good deeds marry his own daughter?”’
12. Ahmad ibn Muhammad from has narrated from al-Husayn ibn Sa‘id from al-Nadr ibn Suwayd from al-Qasim ibn Sulayman from ‘Ubayd ibn Zurarah who has said the following: “About the case of a man who has a slave-girl with whom he has gone to bed; if he can marry her daughter, he (the Imam) said, ‘No, he cannot do so because of the words of Allah, most Majestic, most Glorious, “. . . those who grow in your care . . .” (4:23)’”
13. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar 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 man who divorces his wife and they become strangers to each other. She has a daughter who is a slave and he buys her; if he can go to bed with her. He (the Imam) said, ‘No, he cannot do so.’ I asked him (the Imam) about the case of a man who has a slave-girl and her daughter and he goes to bed with one of them, then she dies and the other is living; if he can go to bed with her. He (the Imam) said, ‘No, he cannot do so.’”
14. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn Ri’ab 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 buys two sisters and goes to bed with one of them, then goes to bed with the other due to ignorance. He (the Imam) said, ‘If he has gone to bed with the other due to ignorance the first one does not become unlawful for him but if he goes to bed with the other knowing that it is unlawful, both of them become unlawful for him.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy 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, "... but you must not secretly date (make secret appointment with) such women (during their waiting period) unless you speak to them in a lawful manner.’ (2:235) He (the Imam) said, ’He is a man who speaks to the woman before she completes her waiting period saying, “I invite you for a date in the house of so and so” and to propose marriage to her and His word, “Unless you speak to them in a lawful way” is a reference to “proposing marriage”, “. . . but you must not decide for marriage until the appointed waiting period is complete...” (2:235)’”
2. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Ahmad ibn Muhammad from ibn abu Nasr from ‘Abd Allah ibn Sinan 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, ‘. . . but you must not secretly date such women (during their waiting period) unless you speak to them in a lawful manner and you must not decide to form terms of marriage until the appointed time is complete.’ (2:235). He (the Imam) said, ‘The word “secret” means his saying, “The place of your date is the house of so and so”, then calls her to that place then asks her not to decide to get married with someone else before him when waiting period is complete.’ I then asked about, ‘Except if you speak in a lawful manner.’ He (the Imam) said, ‘It is seeking lawful matters without determination for marriage until the appointed time of waiting period is complete.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn abu Hamzah who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, ‘. . . but you must not secretly date such women (during their waiting period).’ (2:235). He (the Imam) said, ‘It is his saying, “The place for your date (with me) is the house of the family of so and so where he asks her for rafath (sexual intercourse) and performs it, and Allah, most Majestic, most Glorious, says, “Unless you speak in a lawful manner.” Speaking in a lawful manner is proposing for marriage the way it should be in a lawful manner which is, “You must not decide forming the terms of marriage until the appointed time of waiting period is complete.’””
4. Humayd ibn Ziyad from al-Hassan ibn Muhammad from more than one person from Aban from ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “About the words of Allah, most Majestic, most Glorious, ‘. . . unless you speak in a lawful manner;’ (2:235) he (the Imam) said, ‘He meets her and says, “I am interested in you, I respect women, so you must not decide about yourself (to marry someone else) before me.” In “secret” dating he does not meet her as he had promised.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad 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 migrates and leaves his wife with the pagans, then afterward she joins him; if he can keep her with first marriage or her safety is cut off. He (the Imam) said, ’He can keep her and she is his wife.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from ‘Abd Allah ibn Sinan who has said the following: “Abu ’Abd Allah, ‘Alayhi al-Salam, has said, ‘If a woman becomes Muslim and she is married in a way that is an un-Islamic way, they must be separated.’ I then asked him (the Imam) about the case of a man who migrates and leaves his wife among the pagans, then she joins him; if he can keep her with the first marriage or that her safety is cut off. He (the Imam) said, ‘He can keep her; she is his wife.’”
3. Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad from Ali ibn al-Hakam from Aban from Mansur ibn Hazim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who is a Majusiy (Zoroastrian) or a pagan, other than the people of the book, who had a woman, he becomes a Muslim or she become a Muslim. He (the Imam) said, ‘He waits for completion of waiting period if he is a Muslim or she becomes a Muslim before waiting period is complete then they remain with their first marriage; and if he does not become a Muslim when the waiting period is complete, she becomes stranger to him.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from ‘Abd al- Rahman ibn al-Hajjaj who has said the following: “About the case of a man who is a Christian and marries a Christian woman who then becomes a Muslim before his going to bed with her, abu al-Hassan, ‘Alayhi al-Salam, has said, ‘The hindrance from him on her way is removed, she has no mahr (dower) and no waiting period because of him.’”
5. Ahmad ibn Muhammad has narrated from Muhammad ibn Yahya from Talhah ibn Zayd who has said the following: “A man once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of two men of taxpayers or of those in the state of war who each married a woman and assigned a mahr (dower) in the form of wine and pigs; then they became Muslims. He (the Imam) said, ‘Marriage is permissible and lawful and it does not become unlawful because of wine and pigs.’ He (the Imam) then said, ‘If they both become Muslims he must pay her something, that is, he must pay her mahr (dower).”’
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 that about the case of a Zoroastrian woman who became a Muslim before he went to bed with her ’Amir al-Mu’minin, ‘Alayhi al-Salam, said to her husband to become a Muslim, but he refused so he (the Imam) judged in her favor half of the mahr (dower) and said, ‘Islam has not brought to her anything but honor.’”
7. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who has said the following: “About the case of a Zoroastrian man who became a Muslim and he had seven wives who also became Muslims, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He could keep four and divorce three of them/”
8. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn ‘Isa from Yunus who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about the case of a taxpayer man who had a taxpayer wife and she became a Muslim, he (the Imam) said, ‘She is his wife who stays with him during the day but not during the night.’ He (the Imam) said, ‘If the man becomes a Muslim he stays with her during the night as well as the day.’”
9. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from his father from al-Qasim ibn Muhammad al- Jawhariy from Rumiy 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 is a Christian and marries a Christian woman for thirty sacks of wine and thirty pigs; then they become Muslims and he has not yet gone to bed with her. He (the Imam) said, ‘He must find out how much the value of wine and pigs is. He must send them to her, then he can go to bed with her and they remain with their first marriage.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu Najran from ‘ Abd Allah ibn Sinan who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘Whoever is unlawful for marriage due to blood relationship becomes unlawful for marriage because of breastfeeding also.”’
Hasan· 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.
