Hadith 543
۞
1. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ‘Udhaynah from Burayd ibn Mu‘awiyah who has said the following
“I once heard abu ‘Abd Allah (a.s.), state this Hadith. ‘If a man swears not to go to bed with his wife, not to touch her and not to place his head next to her head, he then has the choice before passing of four months. When four months pass he then must be taken in custody to reach a settlement and go to bed with her, or decide to divorce, thus, he must leave her until she experiences Hayd (menses) and becomes clean from Hayd (menses), then divorce her once before going to bed with her and in the presence of two just witnesses. Thereafter he has the right to go back to her until her passing three cycles of Hayd (menses)-free periods.”’
عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ عُمَرَ بْنِ أُذَيْنَةَ عَنْ بُرَيْدِ بْنِ مُعَاوِيَةَ قَالَ
سَمِعْتُ أَبَا عَبْدِ اللَّهِ ( عليه السلام ) يَقُولُ فِي الْإِيلَاءِ إِذَا آلَى الرَّجُلُ أَنْ لَا يَقْرَبَ امْرَأَتَهُ وَ لَا يَمَسَّهَا وَ لَا يَجْمَعَ رَأْسَهُ وَ رَأْسَهَا فَهُوَ فِي سَعَةٍ مَا لَمْ تَمْضِ الْأَرْبَعَةُ الْأَشْهُرِ فَإِذَا مَضَتْ أَرْبَعَةُ أَشْهُرٍ وُقِفَ فَإِمَّا أَنْ يَفِيءَ فَيَمَسَّهَا وَ إِمَّا أَنْ يَعْزِمَ عَلَى الطَّلَاقِ فَيُخَلِّيَ عَنْهَا حَتَّى إِذَا حَاضَتْ وَ طَهُرَتْ مِنْ حَيْضِهَا طَلَّقَهَا تَطْلِيقَةً قَبْلَ أَنْ يُجَامِعَهَا بِشَهَادَةِ عَدْلَيْنِ ثُمَّ هُوَ أَحَقُّ بِرَجْعَتِهَا مَا لَمْ تَمْضِ الثَّلَاثَةُ الْأَقْرَاءِ .
Tags
Oaths and Vows
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