Hadith 322
۞
5. Ali ibn Ibrahim has narrated from his father from ’Isma‘il ibn Marrar from Yunus from ibn Muskan from Sulayman ibn Khalid who has said the following
“I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife when he is absent from her. He arranges witnesses about his divorce; then he comes home and stays with her for months without informing her of divorce and the woman claims to have become pregnant but the man says. ‘I had divorced you in the presence of witnesses. He (the Imam) said, ‘He is responsible for the child and his words are not accepted.’”
عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنْ إِسْمَاعِيلَ بْنِ مَرَّارٍ عَنْ يُونُسَ عَنِ ابْنِ مُسْكَانَ عَنْ سُلَيْمَانَ بْنِ خَالِدٍ قَالَ
سَأَلْتُ أَبَا عَبْدِ اللَّهِ ( عليه السلام ) عَنْ رَجُلٍ طَلَّقَ امْرَأَتَهُ وَ هُوَ غَائِبٌ وَ أَشْهَدَ عَلَى طَلَاقِهَا ثُمَّ قَدِمَ فَأَقَامَ مَعَ الْمَرْأَةِ أَشْهُراً لَمْ يُعْلِمْهَا بِطَلَاقِهَا ثُمَّ إِنَّ الْمَرْأَةَ ادَّعَتِ الْحَبَلَ فَقَالَ الرَّجُلُ قَدْ طَلَّقْتُكِ وَ أَشْهَدْتُ عَلَى طَلَاقِكِ قَالَ يُلْزَمُ الْوَلَدَ وَ لَا يُقْبَلُ قَوْلُهُ .
Similar narrations
- Al-Kāfi #321 “I once asked abu Ja‘far (a.s.), about the case of a man who divorces his wife when he is absent from her. He is in another city and has two...
- 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...
- 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 #443 “About the case of one who is absent if he divorces his wife abu Ja’far (a.s.), has said, ‘She must commence her ‘Iddah (waiting period)...
- Al-Kāfi #449 “Abu ‘Abd Allah (a.s.), has stated this Hadith. ‘If a man divorces his wife when he is absent and testimony is established to prove the date...
- Al-Kāfi #446 “Abu Ja’far (a.s.) has said, ‘If a man divorces his wife when he is absent he must appoint witnesses. When three Hayd (menses)-free periods...
- Al-Kāfi #326 “A certain one of our Mawali once wrote to abu Ja‘far (a.s.), asking, ‘With me there is a woman who is knowledgeable, whose husband created...
- Man Lā Yaḥḍuruh al-Faqīh #1570 "If an absent man wants to divorce his wife, he should leave her for one month."