جعفر بن محمد بن سماعة

“Abu ‘Abd Allah (a.s.), has said, ‘When a boy become thirteen years old his doing good deeds are written for him as well as bad deeds for which he will be punished. When a girl becomes nine years old it also is the same because she experiences Hayd (menses) when she is nine years old.”’

This son of mine, that is Abul Hasan (Musa), is the Qaim and this is an inevitable matter and he would fill the earth with justice and equity just as it would have been fraught with injustice and tyranny.

“This is concerning my question before abu ‘Abd Allah (a.s.), about a man’s selling pastures which needs watering. He works to provide water for its grass and he is the one who has dug the well and canal and he has water for the plantation of whatever he likes to cultivate. He (the Imam) said, ‘If water belongs to him he can cultivate whatever he likes and sell to whoever he likes.’ I then asked him (the Imam) about selling the remaining portions of wheat or barley stems after harvest. He (the Imam) said, ‘It is lawful, thus, he can sell if he wants.’”

“This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of a man who says to another man, ‘Send your sheep and camels to be kept and when they give birth, if you like, I will exchange their male with female or vice versa.’ He (the Imam) said, ‘It is a detestable act unless the exchange takes place after they give birth and he knows them, which is which.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If a grandfather gives his granddaughter in marriage and his son is living but grandfather is ill, still marriage is binding.’ We then asked, ‘What happens if the father loves one and grandfather loves another man and they both are equal in justice and agreement?’ He (the Imam) said, ‘I love if she agrees with her grandfather.’”

“I once said to abu ‘Abd Allah (a.s.), ‘Our people say that if one divorces (pronounces the expression for divorce) his wife once or one hundred times it counts only one divorce.’ It has been narrated to us from you that your ancestors, ‘Alayhim al-Salam, have stated this Hadith. ‘If one divorces his wife (at one time and place) once or one hundred times it counts only one divorce.” He (the Imam) said, ‘It is just as it is narrated to you.””

“Abu Ja‘far (a.s.), has said, ‘Five kinds of women can be divorced in all conditions. They are pregnant women, those whose husbands are absent, those who do not experience Hayd (menses), those in their menopause and women with whom one has not gone to bed.’” Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil from Tsma‘il al-Ju‘fiy a similar Hadith.

“Abu Ja‘far (a.s.), has said, ‘With the first blood that she sees because of Hayd (menses) for the third time after divorce she becomes stranger to him.’” Humayd ibn Ziyad has narrated from ibn Sama‘ah from Safwan from ibn Muskan from Zurarah a similar Hadith.

“Abu ‘Abd Allah (a.s.), has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, performed ‘Umrah of al-Hudaybiyah and Qada’ of al-Hudaybiyah next time, and from al-Ja‘ranah when coming from al-Ta’if. All three ‘Umrah took place in the month of Dhu al-Qa’dah.”

“Abu Ja‘far (a.s.), has said, ‘Divorce of a pregnant woman is one and when she gives birth to what is inside her, she becomes stranger to him.’”

She completes her waiting period in her house and must not go out. If she wants to visit she must go after midnight but not during the day. She does not have the right to perform al-Hajj until her waiting period is complete.’ I asked about one whose husband dies; if her case is the same. He (the Imam) said, ‘Yes, it is the same but she can perform al-Hajj if she wants.’”

“Abu ‘Abd Allah (a.s.), has said that Abu Ja‘far (a.s.), died and left sixty slaves, of whom he set free one-third. I drew lots among them and selected twenty, and I freed them.’”

“Abu ‘Abd Allah (a.s.), has said, ‘It is not permissible to appoint an attorney in divorce.’” Al-Hassan ibn Sama‘ah has narrated that this is the Hadith which we follow.

When a woman divorced in the manner of al-Khul‘ it must be followed by divorce as long as she is in waiting period.’”

“Abu ‘Abd Allah (a.s.), has said, ‘It is not harmful for one to use al-Khuluq for his wife, but he must not sleep overnight with it.’”

“One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘Women do not receive anything from houses and real property.’”

“Abu ‘Abd Allah (a.s.), has said, ‘A slave does not inherit and a free person does not inherit from a slave.’” (It is because a slave does not own anything.)

“About the case of a man who forms Mula ‘anah against his wife and denies her child, then calls himself a liar after forming Mula ‘anah and thinks that the child is his child; if the child can be returned to him, abu ‘Abd Allah (a.s.), has said, ‘The child is returned to him. The child is not called his child, he does not leave any legacy for him (father) and the woman is not lawful for him forever.’ I then asked him (the Imam) about who inherits the child. He (the Imam) said, ‘His maternal uncles inherit him.’ I then asked, ‘What happens if the child’s mother dies and the child inherits her, then the child dies: who then inherits him?’ He (the Imam) said, ‘The relatives of his mother inherit him.’ I then asked, ‘Can he inherit his maternal uncles? He (the Imam) said, ‘Yes, he can do so.’”

“Abu ‘Abd Allah (a.s.), has said that Zaynab bint Jahash once said, ‘Does the Messenger of Allah think that if he divorces us we will not find anyone other than him to marry us?’ He had stayed away from his wives for twenty-nine days. When Zaynab said this Allah, most Majestic, most Glorious, sent Jibril to Muhammad (SAW). He said, ‘Say to your wives, “If you want the worldly life and its beauty, then be prepared he will benefit you . . .” They said, ‘We choose Allah and His Messenger and the house in the hereafter.’”

“About the case of a woman in al-Khul‘ abu ‘Abd Allah (a.s.), has said, ‘Her waiting period is like the waiting period of a divorced woman. She must count her waiting period in her home and a woman of al-Khul‘ is like the woman in al-Mubarat (disavowing).”’