Ceci est la partie 7 sur 10 de « The Book of Talaq (Divorce) », livre 21 de Al-Kafi — Hadith 10 766–10 815. Le livre est suffisamment long pour être divisé en 10 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
7. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Husayn from Muhammad ibn Sinan from abu Khalid al-Qammat who has said the following: “About the case of a man suffering from a mental condition, abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘His guardian divorces for him because I see him like the Imam (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: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the divorce of a drunken man. He (the Imam) said, ‘It is not permissible and it is not an honorable thing.”’
2. 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, ‘Divorce of a drunken man does not have any valid effect.’”
3. Muhammad has narrated from Ahmad ibn Muhammad from Muhammad ibn Sinan from ibn Muskan from al-Halabiy who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the divorce of a drunken man. He (the Imam) said, ‘It is not permissible and it is not an honorable thing.’”
4. Humayd ibn Ziyad has narrated from ibn Sama‘ah from ibn Ribat and al-Husayn ibn Hashim from Safwan all from ibn Muskan from al-Halabiy who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the divorce of a drunken man. He (the Imam) said, ‘It is not permissible as well as his setting free of slaves.’”
1. Ali ibn Ibrahim has narrated from his father from certain persons of his people from ibn abu ‘Umayr or others from ‘ Abd Allah ibn Sinan who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘If a Muslim man passes by a people who do have not any valid authority and they force him, he fears for his life, to set free a slave or divorce and he complies, it does not have any valid effect against him/”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ‘Udhaynah from Zurarah who has said the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the divorce of a man who is coerced and about his setting free slaves. He (the Imam) said, ‘His divorce is not a divorce and his setting free slaves is not valid freedom/ I then said, ‘I am a merchant and I pass by a one-tenth tax collector, with certain amount of assets with me/ He (the Imam) said, ‘Keep it concealed as much as you can in their proper place/ I then asked, ‘What must I do if they ask me to swear about divorce and setting free slaves?’ He (the Imam) said, ‘You can swear for him.’ He (the Imam) then took a piece of date and immersed it in butter in front of him (the Imam).’ He (the Imam) then said, ‘I do not mind about your swearing for divorce and setting free slaves or eating this.’”
3. Humayd ibn Ziyad has narrated from ibn Sama‘ah from ‘Ubays ibn Hisham and Salih ibn Khalid from Mansur ibn Yunus who has said the following: “I once asked Allah’s virtuous servant, ‘Alayhi al-Salam, when he was in al-‘Arid, (name of a place) saying, ‘I pray to Allah to keep my soul in service for your cause, I married a woman who loved me. I then married the daughter of my maternal uncle and from the woman I had a son. I returned to Baghdad and divorced her once, then I went back to her, then divorced her for the second time, then I went back to her and then left for this journey. I arrived in al-Kufah to see the daughter of my maternal uncle, and my sister and maternal aunt told me that, by Allah, I could never look at her until I divorced so and so. I then told them: ‘Fie on you; I have no way to divorce her.’ He said, ‘It is up to you and it is your problem.’ I then said, ‘I pray to Allah to keep my soul in service for your cause. From her I had a daughter who lived in Baghdad and this is in al-Kufah; I had left her before four and they refused to allow me to see her unless I divorced her three times. No, by Allah, I pray to Allah to keep my soul in service for your cause, I did not want to do so except that I wanted to keep them away from myself, and my heart has become full (of disappointment with them). I pray to Allah to keep my soul in service for your cause.’ He (the Imam) then bent down his head for a long time, then raised his head, smiling and said, ‘Between you and Allah, most Majestic, most Glorious, there is no problem, however, if they take their case against you before the Sultan (ruling authorities) they can make her to become stranger to you.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Yahya ibn ‘Abd Allah ibn af-Hassan who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘Divorce under coercion is not permissible or setting free of a slave. It is not permissible to swear for cutting off good relations with relatives or for a sinful act in disobedience to Allah. Thus, whoever swears or is made to swear about something of this kind, it does not have any valid effect on him. Divorce is what is meant to be divorce, and without coercion or harming in a divorce in the manner of waiting period, according to the Sunnah, in a Hayd (menses)-free period, without sexual intercourse and is pronounced in the presence of two witnesses. If one opposes this, his divorce and oath do not have any valid effect and it is returned to the book of Allah, most Majestic, most Glorious.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Mu‘awiyah ibn Wahab from ’Isma‘il al-Ju‘fiy who has said the following: “I pass by one-tenth tax collector for trading with a certain amount of assets with me and the party (tax collector) asks me to swear. If I swear he allows me to go, but if I do not swear he searches my assets and does injustice to me. He (the Imam) said, ‘You can swear for him.’ I then said, ‘He asks me to swear in the issue of divorce. He (the Imam) said, ‘You can swear for him.’ I said, ‘The asset does not belong to me.’ He (the Imam) said, ‘Do it for the assets of your brother. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, reversed the divorce of ibn ‘Umar, who had divorced his wife three times during her Hayd (menses) and the Messenger of Allah considered it invalid and devoid of valid effect.’”
1. Ali ibn Ibrahim has narrated from his father from Ahmad ibn Muhammad from ibn abu Nasr who has said the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who is mute, does not speak and has a wife. He (the Imam) asked, ‘Is he speechless?’ I replied, ‘Yes, he is speechless and it is seen that he hates his wife and dislikes her. Is it permissible for his guardian to divorce on his behalf?’ He (the Imam) said, ‘No, it is not permissible, however, he can write and arrange for witnesses for it.’ I then said. ‘He cannot write or speak, how can he divorce?’ He (the Imam) said, ‘It then is done by what is understood from him in the form of his deeds like what you mentioned that he hates and dislikes his wife.’”
2. Ali ibn Ibrahim has narrated from his father from Salih ibn al-Sindiy from Ja’far ibn Bashir from Aban ibn ‘Uthman who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who is speechless. He (the Imam) said, ‘He must wrap her scarf around her head, then pull it away.’”
3. 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 by a speechless man can happen by his placing her headscarf on her head and then taking it away from her head.’”
4. Ali has narrated from his father from ’Isma‘il ibn Marrar from Yunus from a speechless man who wrote on the ground the divorce for his wife. He (the Imam), ‘Alayhi al-Salam, said, ‘If he has done so during a Hayd (menses)-free period in the presence of witnesses and it is understood from him as it is understood from people like him who decide to divorce, his divorce is permissible according to Sunnah.
1. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and al-Razzaz from Ayyub ibn Nuh Ahmad ibn Muhammad from Humayd ibn Ziyad has narrated from ibn Sama‘ah all from Safwan ibn Yahya from Sa‘id al-A’raj who has said the following: “I once asked abu ’Abd Allah, ‘Alayhi al-Salam, about the case of a man who has left the affair of his wife to another man saying, ‘Bear witness that I have left the affairs of so and so, to so and so; if it is permissible for the man. He (the Imam) said, ‘Yes, it is permissible.’ ”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id and Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Muhammad ibn ’Isma‘il all from Ali ibn al-Nu’man from Sa‘id al-‘A’raj who has said the following: “About the case of a man who leaves the affairs of his wife to a man to deal with saying, ‘Bear witness that I have left the affairs of so and so, to so and so to deal with; if it is permissible. He (the Imam) said, ‘Yes, it is permissible.’”
عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ النَّوْفَلِيِّ عَنِ السَّكُونِيِّ عَنْ أَبِي عَبْدِ اللَّهِ ( عليه السلام ) قَالَ قَالَ أَمِيرُ الْمُؤْمِنِينَ ( عليه السلام ) فِي رَجُلٍ جَعَلَ طَلَاقَ امْرَأَتِهِ بِيَدِ رَجُلَيْنِ فَطَلَّقَ أَحَدُهُمَا وَ أَبَى الْآخَرُ فَأَبَى أَمِيرُ الْمُؤْمِنِينَ ( عليه السلام ) أَنْ يُجِيزَ ذَلِكَ حَتَّى يَجْتَمِعَا جَمِيعاً عَلَى طَلَاقٍ .
3. 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 man who had left the affairs of his wife to two men to deal with; of whom one divorced her but the other one refused, ’Amir al- Mu’minin also refused to approve it unless both agreed to divorce her.’”
4. Muhammad has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Muskan from abu Hilal al-Raziy who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who appoints a man to divorce his wife after she experiences Hayd (menses) and becomes clean and he himself goes away; but he changes his mind and arranges witnesses that he has changed his mind. He (the Imam) said, ‘He must inform his wife and his attorney about it.’”
5. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Hassan ibn Shammun from ‘Abd Allah ibn ‘Abd al- Rahman from Misma‘ who has said the following: “About the case of a man who leaves the matters about the divorce of his wife to two men, of whom one divorces and the other refuses, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The other man should also agree about divorce to have the agreement of both people.’” It is also narrated that attorney in divorce is not permissible.’”
6. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali Ahmad ibn Muhammad from Humayd ibn Ziyad has narrated from ibn Sama‘ah from Ja‘far ibn Sama‘ah al from Hammad ibn ‘Uthaman from Zurarah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not permissible to appoint an attorney in divorce.’” Al-Hassan ibn Sama‘ah has narrated that this is the Hadith which we follow.
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ‘Udhaynah from Burayd ibn Mu‘awiyah who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, state this Hadith. ‘If a man swears not to go to bed with his wife, not to touch her and not to place his head next to her head, he then has the choice before passing of four months. When four months pass he then must be taken in custody to reach a settlement and go to bed with her, or decide to divorce, thus, he must leave her until she experiences Hayd (menses) and becomes clean from Hayd (menses), then divorce her once before going to bed with her and in the presence of two just witnesses. Thereafter he has the right to go back to her until her passing three cycles of Hayd (menses)-free periods.”’
2. Ali has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who separates from his wife without divorce and swearing. He does not go near her bed for one year. He (the Imam) said, ‘He must go to his wife.’ He (the Imam) then said, ‘If one swears about his wife, it takes place by one’s saying, “No, by Allah, I will not have sexual intercourse with you so and so, and say, by Allah I must reduce you” and then become angry with her. He can wait for four months. After four months, he must be taken in custody, so that he may reach reconciliation with his wife; Allah is forgiving and merciful. If he does not reach a settlement, he then is made to divorce. Divorce cannot take place until he is placed under custody. If it is after four months, still he is made to reach a settlement or divorce.’”
3. 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: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘If one swears about his wife and it takes place by one’s saying, “By Allah, I will not have sexual intercourse with you so and so,” and says, “By Allah I must reduce you” and then become angry with her. He can wait for four months. After four months, he must be taken in custody so that he pays expiation, which is reconciliation with his wife or divorce. Divorce cannot take place until he is placed under custody. If it is after four months, still he is made to expiate (find remedy) or divorce.’”
4. Ali has narrated from his father from Hammad ibn ‘Isa from ‘Umar ibn ‘Udhaynah from Bukayr ibn A’yan and Burayd ibn Mu‘awiyah who has said the following: “Abu Ja‘far, and abu ‘Abd Allah, ‘Alayhim al-Salam, have said, ‘If a man swears not to go near his wife, then he has no say and no right for four months; and it is not a sin on him to stay away from her for four months. When four months pass if he agrees to touch her and she remains silent and agrees, then it is fine. He is within the law and his choices; but if she takes her case to the court he then will be told to expiate (find a remedy), then he can touch her or divorce her. Divorce becomes final when he leaves her until she experience Hayd (menses) and becomes clean, then he divorces her and he has the right to go back to her until three Hayd (menses)-free periods pass. This is the ‘Ila’ (swearing) that Allah, most Blessed, most High, has revealed in His book and in the Sunnah of His prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.”’
علي بن إبراهيم، عن أبيه، عن ابن أبي عمير، عن جميل بن دراج، عن منصور ابن حازم قال: إن المؤلي يجبر على أن يطلق تطليقة بائنة، وعن غير منصور أنه يطلق تطليقة يملك الرجعة، فقال له بعض أصحابه: إن هذا منتقض (2) فقال: لا، التي تشكو فتقول: يجبرني ويضرني ويمنعني من الزوج (1) يجبر على أن يطلقها تطليقة بائنة والتي تسكت ولا تشكو وإن شاء يطلقها تطليقة يملك الرجعة.
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj from Mansur ibn Hazim who has said: “One who swears is made to divorce in the form of a final divorce which makes the spouses strangers to each other. People other than Mansur have narrated that he divorces once but has the right to go back to her; and certain persons of his people have said to him that this is deleted. He replied that it is true if she complains and says that he compels her, harms her and prevents her from getting married. In such case he is made to divorce her in the form of a final divorce which makes them to become strangers to each other; but the one who remains silent and does not complain then if he wants he can divorce her once with the choice to go back to her.
6. Ali has narrated from his father from af-Nawfafiy from af-Sakuniy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that once a man came to ’Amir al-Mu’minin and said, ‘O ’Amir al-Mu’minin, my wife breastfed a boy and I said, “By Allah, I will not go to bed with you until you wean him.’” He (the Imam) said, ‘ 7/a’ (swearing) does not take place in constructive and virtuous deeds.’”
7. 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 man who after going to bed with his wife swears not to go to bed with his wife. He (the Imam) said, ‘When four months pass he is taken in custody even after a while. If he expiates (finds a remedy), then it is fine and she is his wife. If he decides to divorce he can do so.’ He (the Imam) said, ‘ 7/a’ (swearing) takes place when one says to his wife, ‘By Allah, I will reduce you to make you look bad.’ Thereafter, separates from her and does not go to bed with her up to four months. When four months pass then swearing becomes effective and the Imam must make him to expiate or divorce. If he expiates (finds remedy), Allah is Forgiving and Merciful but if he decides to divorce, Allah is hearing and knowing and that is the word of Allah, most Majestic, most Glorious, in His book.’”
8. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from Aban from abu Maryam who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘One who swears not to go to bed with his wife is taken in custody after four months. He may keep her in a fair manner or leave her in the same way. If he decides to divorce it then is once and he has the right to go back to her.’”
9. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar. Abu al-‘Abbas has narrated from Muhammad ibn Ja‘far from Ayyub ibn Nuh. Ahmad ibn Muhammad has narrated from Muhammad ibn ’Isma‘il from al-Fadl ibn Shadhan, from Ahmad ibn Muhammad. Humayd ibn Ziyad has narrated from ibn Sama‘ah all from Safwan from ibn Muskan from abu Basir who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about 7/a’ (swearing) and what it is. He (the Imam) said, ‘It takes place when a man says to his wife, ‘By Allah, I will not go to bed with you so and so, and says, ‘By Allah I will reduce you and then waits for four months. Thereafter he is taken in custody, if he expiates and reconciles with his wife, Allah is Forgiving and Merciful and if he did not expiate he then is made to divorce. Divorce cannot take place if it is after four months until it is taken before the Imam.’”
10. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from Hammad ibn ‘Uthaman who has said the following: About the case of a man’s 7/a’ (swearing) abu ‘Abd Allah, ‘Alayhi al-Salam, has said that if he refuses to divorce ’Amir al-Mu’minin has said, that an enclosure of reeds must be made for him and to keep him there without food and drink until he agrees to divorce.’”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Khalid from Khalaf ibn Hammad in a marfu‘ manner who has said the following: “About the case of a man’s 7/a’ (swearing), abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He either expiates or divorces or is beheaded.’”
12. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Hafs ibn al-Bakhtariy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man angers his wife and does not go to bed with her without swearing for four months and she complains against him, he then must expiate or divorce her. If he leaves her without anger or swearing, then the rules of 7/a’ (swearing) do not apply.’”
13. Al-Husayn from Muhammad has narrated from Hamdan al-Qalanisiy from Ishaq ibn Bunan ibn Baqqah from Ghiyath ibn Ibrahim who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that when a man because of 7/a’ (swearing) refused to divorce ’Amir al-Mu’minin placed him inside an enclosure and gave him one-fourth of his food and drink until he agreed to divorce.”
1. 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, ‘ ’Ila’ (swearing) does not take place unless one has gone to bed with his wife.”’
2. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from ‘Abd al-Karim from abu Basir who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man’s ’ Ila ’ (swearing) against his wife before going to bed with her. He (the Imam) said, ‘ 7/a’ (swearing) does not take place until one goes to bed with his wife.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ibn ‘Udhaynah who has said that I do not know this Hadith except from Zurarah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘One can only be in ’ Ila ’ (swearing) against his wife when he goes to bed with her.’”
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: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that once a man who was involved in 7/a’ (swearing) against his wife before going to bed with her, asked ’Amir al-Mu’minin. He (the Imam) said, ‘ 7/a’ (swearing) does not place until one goes to bed with his wife,’ He (the Imam) then said, ‘If a man swears not to go to bed with his wife for two years or more, can this be 7/a’ (swearing)?”’
1. A number of our people have narrated from Sahl ibn abu Nasr from Muhammad ibn Sama‘ah from Zurarah who has said the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a man who says to his wife, ‘You are unlawful for me.’ He (the Imam) said to me, ‘Had I the control over him I would give him a headache. You should have said to him that Allah has made her lawful for you then what has made her unlawful for you? In fact it (saying, ‘You are unlawful for me’) is nothing more than a lie. He thus has thought that what Allah has made lawful for him has become unlawful and there is no divorce or expiation on him? I then asked about the meaning of the words of Allah, most Majestic, most Glorious, ‘O Prophet, why do you make unlawful what Allah has made lawful for you’ (65:2) then expiation is made necessary.’ He (the Imam) said, ‘He only made unlawful for him his slave-girl, Maria and swore not to go near her. He, in the case of swearing, made expiation necessary not in the case of making something unlawful.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘Umar ibn ‘Udhaynah from Zurarah who has said the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a man who says to his wife, ‘You are unlawful for me.’ We in Iraq narrate that Ali, ‘Alayhi al-Salam, made it three times (divorce). He (the Imam) said, ‘They have spoken a lie. He (the Imam) did not make it (one’s saying, ‘You are unlawful for me’) a divorce. Had I the control over him I would have given him a headache. I then say to him that Allah, most Majestic, most Glorious, has made it lawful for you. You have done nothing other than speaking a lie by saying unlawful what Allah has made lawful.’”
3. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Ribat from abu Mukhallad al-Sarraj who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that Shabbah ibn ‘ Aqqal once said to me, ‘You think that if one says, “What Allah has made lawful is unlawful for me” (as you believe) does not have any valid effect.’ I said, ‘About your word ‘lawful is unlawful for me’ you can consider what ’Amir al- Mu’minin, al-Walid decided about the issue of Salamah and his wife when he sent for a fatwa from people of Iraq and people of al-Sham who had differences over the issue. He then decided according to the words of the people of al-Hijjaz who say that it does not have any valid effect.’”
4. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Safwan from Hariz from Muhammad ibn Muslim who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who says to his wife, ‘You are unlawful for me.’ He (the Imam) said, ‘There is no expiation on him and it is not a divorce.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj 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 says to his wife, ’You from my side are free, cleared and severed’ or ‘you are unlawful.’ He (the Imam) said, ‘It does not have any valid effect.’”
2. A number of our people have narrated from Ahmad ibn Muhammad from ibn Khalid and Ali ibn Ibrahim has narrated from his father all 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 man who says to his wife, ‘You from my side are free and cleared.’ He (the Imam) said, ‘It does not have any valid effect.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who says to his wife, ‘You from my side are free, cleared and severed’ or ‘you are unlawful.’ He (the Imam) said, ‘It does not have any valid effect.’”
1. Muhammad ibn abu ‘Abd Allah has narrated from Mu‘awiyah ibn Hakam from Safwan and Ali ibn al-Husayn ibn Ribat from abu Ayyub al-Khazzaz from Muhammad ibn Muslim who has said the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about choices. He (the Imam) said, ‘Who is he and what is that; it was something only for the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.’”
2. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Muhammad ibn Ziyad and ibn Ribat from abu Ayyub al-Khazzaz from Muhammad ibn Muslim who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, that I once heard your father saying, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, offered his wives the choice and they chose Allah and His Messenger. He did not keep them for divorce. Had they chosen themselves they would become strangers.’ He (the Imam) said, ‘This is a Hadith that my father would narrate from ‘A’ishah. What people have to do with choice! It was something with which Allah, most Majestic, most Glorious, specially treated His Messenger.’”
3. Humayd has narrated from ibn Sama‘ah from ibn Ribat from ‘Es ibn al-Qasim who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who gives his wife the choice; if she becomes stranger for him. He (the Imam) said, ‘No, this was something especially for the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause . He (the Messenger of Allah) was commanded to do so and if they were to choose themselves he would divorce them. This is in the words of Allah, most Majestic, most Glorious, ‘Say to your wives, “If you want the worldly life and its beauty, then be prepared, so he (the Messenger of Allah) benefits you and allows you to be free with fairness.” (33:28)’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from Harun ibn Muslim 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 man who leaves the affairs of his wife in her own hands. He (the Imam) said, ‘He has given the matter in the hands of someone who is not proper for it, thus, he has opposed the Sunnah and has not made marriage permissible.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from Zurarah who has said the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘Allah, most Majestic, most Glorious, disdained and rejected the words of certain ones of his wives against the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and sent revelation about choice. The Messenger of Allah stayed away from his wives for twenty-nine days in the mashrabah (a place for water containers) of ‘Umm Ibrahim. He then called them and gave them the choice. They chose him (the Messenger of Allah) then nothing happened. Had they chosen themselves it would have been one final divorce which made them all become strangers to him (the Messenger of Allah).’ I then asked him (the Imam) about the word of the woman and who she was?’ He (the narrator) has said that he (the Imam) said, ‘She said, “Muhammad thinks that if he divorces us no one of our match from our tribes will marry us.’””
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan 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 Zaynab said, ‘You are not fair and you are the Messenger of Allah.’ Hafsah said, ‘If you divorce us we will find our match in our people.’ Revelation stopped coming to the Messenger of Allah for twenty days. He (the Imam) said that Allah, most Majestic, most Glorious, disdained and rejected the words of these women against His Messenger and sent revelation that said, ‘O Prophet, say to your wives, “If you want the worldly life and its beauty become prepared . . . great reward.’” He (the Imam) said that they chose the Messenger of Allah. Had they chosen themselves they would have become stranger to him (the Messenger of Allah) and they chose the Messenger of Allah, then not anything else happened.’”
Majhul· 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.
