Hadith 312
۞
4. Muhammad ibn abu ‘Abd Allah has narrated from Mu‘awiyah ibn Hakam from ‘Abd Allah ibn al-Mughirah who has said the following
“I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife and leaves until she becomes stranger to him, then marries her. He (the Imam) said, ‘She can live with him just as she did with marriage.’ I then said, ‘Hadith of Rifa‘ah says, “If there is a husband in between.’” Then ‘Abd Allah said to me, ‘This is husband and it is what Allah has granted of opinion. Whenever he divorces once and then she becomes stranger to him, then another man marries her then her husband divorces, then she marries the first husband, she can live with him accepted as she was.’ I then asked ‘Abd Allah, ‘According to whose Hadith is this?’ He replied, ‘It is what Allah has granted.’ Mu‘awiyah ibn Hukaym has said that our people have narrated from Rifa‘ah ibn Musa that husband destroys the first divorce and if he marries her she lives with him accepted.’ Abu ‘Abd Allah (a.s.), then said, ‘Three divorces destroy but not one and two.’ Hadith of Rifa‘ah from abu ‘Abd Allah (a.s.), is the one on the basis of which ibn Bukayr has argued.’”
مُحَمَّدُ بْنُ أَبِي عَبْدِ اللَّهِ عَنْ مُعَاوِيَةَ بْنِ حُكَيْمٍ عَنْ عَبْدِ اللَّهِ بْنِ الْمُغِيرَةِ قَالَ
سَأَلْتُ عَبْدَ اللَّهِ بْنَ بُكَيْرٍ عَنْ رَجُلٍ طَلَّقَ امْرَأَتَهُ وَاحِدَةً ثُمَّ تَرَكَهَا حَتَّى بَانَتْ مِنْهُ ثُمَّ تَزَوَّجَهَا قَالَ هِيَ مَعَهُ كَمَا كَانَتْ فِي التَّزْوِيجِ قَالَ قُلْتُ لَهُ فَإِنَّ رِوَايَةَ رِفَاعَةَ إِذَا كَانَ بَيْنَهُمَا زَوْجٌ فَقَالَ لِي عَبْدُ اللَّهِ هَذَا زَوْجٌ وَ هَذَا مِمَّا رَزَقَ اللَّهُ مِنَ الرَّأْيِ وَ مَتَى مَا طَلَّقَهَا وَاحِدَةً فَبَانَتْ مِنْهُ ثُمَّ تَزَوَّجَهَا زَوْجٌ آخَرُ ثُمَّ طَلَّقَهَا زَوْجُهَا فَتَزَوَّجَهَا الْأَوَّلُ فَهِيَ عِنْدَهُ مُسْتَقْبِلَةٌ كَمَا كَانَتْقَالَ فَقُلْتُ لِعَبْدِ اللَّهِ هَذَا بِرِوَايَةِ مَنْ فَقَالَ هَذَا مِمَّا رَزَقَ اللَّهُ قَالَ مُعَاوِيَةُ بْنُ حُكَيْمٍ رَوَى أَصْحَابُنَا عَنْ رِفَاعَةَ بْنِ مُوسَى أَنَّ الزَّوْجَ يَهْدِمُ الطَّلَاقَ الْأَوَّلَ فَإِنْ تَزَوَّجَهَا فَهِيَ عِنْدَهُ مُسْتَقْبِلَةٌ فَقَالَ أَبُو عَبْدِ اللَّهِ ( عليه السلام ) يَهْدِمُ الثَّلَاثَ وَ لَا يَهْدِمُ الْوَاحِدَةَ وَ الثِّنْتَيْنِ .وَ رِوَايَةُ رِفَاعَةَ عَنْ أَبِي عَبْدِ اللَّهِ ( عليه السلام ) هُوَ الَّذِي احْتَجَّ بِهِ ابْنُ بُكَيْرٍ .
Similar narrations
- Al-Kāfi #271 “I once asked abu ‘Abd Allah (a.s.), about the divorce according to Sunnah and how a man can divorce his wife. He (the Imam) said, ‘He must...
- Al-Kāfi #270 “I once asked abu ‘Abd Allah (a.s.), about the divorce according to Sunnah. He (the Imam) said, ’For divorce according to Sunnah when a man...
- Al-Kāfi #310 “There is a man who divorces his wife, then does not go back to her until three cycles of Hayd (menses) are complete, then divorces and...
- Al-Kāfi #311 “I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife and she becomes a stranger to him because of the...
- Al-Kāfi #363 “I once asked abu Ja‘far (a.s.), about the case of a man who divorces his wife and about when she becomes stranger to him. He (the Imam)...
- Al-Kāfi #419 “Abu ‘Abd Allah (a.s.), has said, ‘If a man divorces his wife before going to bed with her, she becomes stranger to him and she can marry if...
- Al-Kāfi #444 “I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife when he is absent. When must she commence her ‘Iddah...
- Al-Kāfi #442 “I once asked abu ‘ Abd Allah (a.s.), about the case of a man who divorces his wife when he is absent. When must his wife commence her...