Hadith 276
۞
1. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from ibn Ribat and Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr all from ibn ‘Udhaynah from Muhammad ibn Muslim who has said the following
“I once asked abu Ja’far (a.s.), about the case of a man who says to his wife, ‘You are unlawful for me, you are stranger to me, you are cut off, you are free and your way is clear.’ He (the Imam) said, ‘All of such expressions do not have any valid effect in the form of divorce. Divorce is when one just before waiting period, after her becoming clean from Hayd (menses) without sexual intercourse says, ‘Anti Taliq (you are let go, divorced) or ’ 1‘tady (commence waiting period) intending thereby Talaq (divorce) which must be in the presence of two witnesses.’”
حُمَيْدُ بْنُ زِيَادٍ عَنِ الْحَسَنِ بْنِ مُحَمَّدِ بْنِ سَمَاعَةَ عَنِ ابْنِ رِبَاطٍ وَ عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ جَمِيعاً عَنِ ابْنِ أُذَيْنَةَ عَنْ مُحَمَّدِ بْنِ مُسْلِمٍ أَنَّهُ سَأَلَ أَبَا جَعْفَرٍ ( عليه السلام ) عَنْ رَجُلٍ قَالَ
لِامْرَأَتِهِ أَنْتِ عَلَيَّ حَرَامٌ أَوْ بَائِنَةٌ أَوْ بَتَّةٌ أَوْ بَرِيئَةٌ أَوْ خَلِيَّةٌ قَالَ هَذَا كُلُّهُ لَيْسَ بِشَيْءٍ إِنَّمَا الطَّلَاقُ أَنْ يَقُولَ لَهَا فِي قُبُلِ الْعِدَّةِ بَعْدَ مَا تَطْهُرُ مِنْ مَحِيضِهَا قَبْلَ أَنْ يُجَامِعَهَا أَنْتِ طَالِقٌ أَوِ اعْتَدِّي يُرِيدُ بِذَلِكَ الطَّلَاقَ وَ يُشْهِدُ عَلَى ذَلِكَ رَجُلَيْنِ عَدْلَيْنِ .
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