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Home / Books / Al-Kāfi / Volume 6 / The Issue that Completes Mahr (dower) / Hadith 439
Hadith 439
Hadith #
439
Book
Al-Kāfi
Volume
6
Section
41
Part
The Book of Talaq (Divorces)
Chapter
The Issue that Completes Mahr (dower)
Source
Shaykh Muḥammad b. Yaʿqūb al-Kulaynī
۞
7. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy who has said the following
“I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces a woman whom he has touched without sexual intercourse if waiting period is obligatory. He (the Imam) said, ‘Abu Ja‘far (a.s.), had faced such a condition and his father, Ali ibn al-Husayn (a.s.), said, ‘When doors are closed and curtains are pulled down mahr (dower) and waiting period become necessary.’” Ibn abu ‘Umayr has said that Ahadith are not the same about this issue if mahr (dower) is complete or not. Certain ones have said that it is one-half of mahr (dower) and it means that a judge rules according to apparent condition of a case. When the doors are closed and curtains are pulled down mahr (dower) becomes obligatory. It is up to her when she knows before Allah that he has not touched then she deserves only half of mahr (dower).’”
عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ حَمَّادٍ عَنِ الْحَلَبِيِّ عَنْ أَبِي عَبْدِ اللَّهِ ( عليه السلام ) قَالَ
سَأَلْتُهُ عَنِ الرَّجُلِ يُطَلِّقُ الْمَرْأَةَ وَ قَدْ مَسَّ كُلَّ شَيْ‏ءٍ مِنْهَا إِلَّا أَنَّهُ لَمْ يُجَامِعْهَا أَ لَهَا عِدَّةٌ فَقَالَ ابْتُلِيَ أَبُو جَعْفَرٍ ( عليه السلام ) بِذَلِكَ فَقَالَ لَهُ أَبُوهُ عَلِيُّ بْنُ الْحُسَيْنِ ( عليه السلام ) إِذَا أَغْلَقَ بَاباً وَ أَرْخَى سِتْراً وَجَبَ الْمَهْرُ وَ الْعِدَّةُ .
Tags MarriageDivorcejurisprudence

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