Hadith 372
۞
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Sa‘d ibn abu Khalaf who has said the following
“I once asked abu al-Hassan, Musa ibn Ja‘far, ‘Alayhim al-Salam, something about divorce. He (the Imam) said, ‘When a man divorces his wife in a manner because of which he cannot go back to her, she becomes stranger to him in the hour divorce is pronounced and she takes control of her affairs and he has no way to her. She can complete her waiting period where she wants. He does not owe her maintenance.’ He (the narrator) has said that I then said, ‘Does Allah, most Majestic, most Glorious, not say, ‘. . . do not send them out of their houses and they must not go out’? He (the Imam) said, ‘It means she is divorced after being divorced. She is the one who must not be sent out of her house and must not go out of her house until the third divorce. When the third divorce is pronounced she becomes stranger to him and he does not owe her maintenance. A woman whom a man divorces once then leaves so that her waiting period is complete is the kind of woman who must stay in the house of her husband and she must be paid maintenance and lodging until waiting period is complete.’”
مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ ابْنِ مَحْبُوبٍ عَنْ سَعْدِ بْنِ أَبِي خَلَفٍ قَالَ
سَأَلْتُ أَبَا الْحَسَنِ مُوسَى بْنَ جَعْفَرٍ ( عليه السلام ) عَنْ شَيْءٍ مِنَ الطَّلَاقِ فَقَالَ إِذَا طَلَّقَ الرَّجُلُ امْرَأَتَهُ طَلَاقاً لَا يَمْلِكُ فِيهِ الرَّجْعَةَ فَقَدْ بَانَتْ مِنْهُ سَاعَةَ طَلَّقَهَا وَ مَلَكَتْ نَفْسَهَا وَ لَا سَبِيلَ لَهُ عَلَيْهَا وَ تَعْتَدُّ حَيْثُ شَاءَتْ وَ لَا نَفَقَةَ لَهَاقَالَ قُلْتُ أَ لَيْسَ اللَّهُ عَزَّ وَ جَلَّ يَقُولُ لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَ لا يَخْرُجْنَ قَالَ فَقَالَ إِنَّمَا عَنَى بِذَلِكَ الَّتِي تُطَلَّقُ تَطْلِيقَةً بَعْدَ تَطْلِيقَةٍ فَتِلْكَ الَّتِي لَا تُخْرَجُ وَ لَا تَخْرُجُ حَتَّى تُطَلَّقَ الثَّالِثَةَ فَإِذَا طُلِّقَتِ الثَّالِثَةَ فَقَدْ بَانَتْ مِنْهُ وَ لَا نَفَقَةَ لَهَا وَ الْمَرْأَةُ الَّتِي يُطَلِّقُهَا الرَّجُلُ تَطْلِيقَةً ثُمَّ يَدَعُهَا حَتَّى يَخْلُوَ أَجَلُهَا فَهَذِهِ أَيْضاً تَقْعُدُ فِي مَنْزِلِ زَوْجِهَا وَ لَهَا النَّفَقَةُ وَ السُّكْنَى حَتَّى تَنْقَضِيَ عِدَّتُهَا .
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 #268 “Abu Ja‘far (a.s.), has said, ‘Divorce which is not according to Sunnah or not with waiting period does not have any valid effect.’ Zurarah...
- Al-Kāfi #344 “Abu ‘Abd Allah (a.s.), has said, ‘If a man divorces his wife before going to bed with her with one divorce, she becomes stranger to him in...
- Al-Kāfi #272 “I once asked abu al-Hassan (a.s.), about the case of a man who divorces his wife in the presence of two just witnesses after going to bed...
- Al-Kāfi #370 “I once asked him (the Imam) (a.s.), about the case of a woman who is divorced and about where she must complete her waiting period. He (the...
- Man Lā Yaḥḍuruh al-Faqīh #1553 It has been narrated from the Imams (peace be upon them) that talaq al-sunnah (divorce according to the prescribed method) is that when a...
- Al-Kāfi #293 “I once asked one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who divorces his wife once. He...
- Al-Kāfi #338 “I once asked abu Ja‘far (a.s.), about the divorce of a pregnant woman. He (the Imam) said, ‘She is divorced once for waiting period by...