حماد بن عيسى

“Abu ‘Abd Allah (a.s.), has said, ‘The Messenger of Allah (saww) did not marry a second wife in Khadijah’s lifetime.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If one divorces his wife three times at the same place and time it does not become of any valid effect. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, rejected the divorce of ‘Abd Allah ibn ‘Umar when he divorced his wife with three divorces when she experienced Hayd (menses). The Messenger of Allah called it an invalid divorce saying, ‘Whatever is against the book of Allah, most Majestic, most Glorious, must return to the book of Allah, most Majestic, most Glorious.’ He (the Messenger of Allah) said, ‘Divorce without waiting period is not valid.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Divorce takes place when he says, “I‘tady (commence waiting period) or says, ‘Anti Taliq (you are let go, divorced).”’

“About the case of a man who goes back to his wife without witness, abu ‘Abd Allah (a.s.), has said, ‘I like if he arranged for witness; however, what he has done is not unlawful.’ ”

“Abu ‘Abd Allah (a.s.), has said, ‘Divorce of a pregnant woman is one and her waiting period ends with childbirth if it is the nearer of the two.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If a man divorces his wife before going to bed with her, she does not need to wait for a waiting period. She can marry in the same hour after divorce if she wants. With one divorce she becomes stranger to him and if mahr (dower) is set for her, she deserves half of such mahr (dower)/”

“Abu ‘Abd Allah (a.s.), has said, ‘A divorced woman must not go out without the permission of her husband until her waiting period is complete after three Hayd (menses)-free periods or three months, if she does not experience Hayd (menses).’”

“A pregnant divorcee must receive her maintenance until childbirth, and she has the priority to breastfeed the child for wages equal to what another woman asks. Allah, most Majestic, most Glorious, has said, ‘A mother must not be harmed because of her child or the father because of the child and the heirs also bear such responsibility.’ (2:232) He (the Imam) said, ‘A woman (from us) would raise her hand before her husband, when he wanted to go to bed with her, and say, ‘I do not want to allow you because I fear of becoming pregnant with my child.’ The man would say, ‘I do not want to go to bed with you for my fear of suspending you, thus killing my child.’ Allah prohibited a woman’s harming a man or a man’s harming a woman’ and His words ‘. . . the heirs also bear the same responsibility’ is a prohibition against harming the child or his mother in breastfeeding. She must not charge for breastfeeding for more than two complete years. If they with mutual agreement wean the child before such time, it is fine.’”

No, she does not deserve it.’”

“About the case of a man who divorces his wife before going to bed with her, abu ‘Abd Allah (a.s.), has stated this Hadith. ‘He owes to her one-half of mahr (dower) if he has set something for her; but if he has not set anything for her he must benefit her like the benefits that similar women receive. 5 The words of Allah, most Majestic, most Glorious, say, ‘. . . or it is waived by the one who has authority in the matters of marriage. . .’ He (the Imam) said, ‘Of such people is father, or a brother or the executor of the will or a man who is authorized in dealing with the assets of the woman to buy for her and he buys if he waves, it then is effective. 555

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man who has married a woman and has gone to bed with her. He (the Imam) said, ‘When the two organs meet mahr (dower) become obligatory.’”

“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).’”

“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 ‘Iddah (waiting period )? He (the Imam) said, ‘If just testimony is established for his divorcing her on a known day which gives her certainty, she must commence her ‘Iddah (waiting period) from the day she is divorced; but if she is not certain then she must commence her ‘Iddah from the day she is informed.’”

“Once abu ‘Abd Allah (a.s.), was asked about the case of a woman whose husband dies; if it is proper for her to perform al-Hajj and visit the sick people. He (the Imam) said, ‘Yes, she can do so for the sake of Allah, but must not use kohl and perfume.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If one has not gone to bed with his wife but has set up mahr (dower), she deserves one-half of the mahr (dower) that is set for her and complete inheritance. She must count complete waiting period.’”

“I once said to abu ‘Abd Allah (a.s.), that there is a man whose father has died and he is indebted. Can he pay the debts on his father from Zakat he owes when the son has a great wealth? He (the Imam) said, ‘If his father has left a legacy for him and then it is found out that there are debts on his father that he did not know on that day, he pays the debts from the whole legacy, but he does not pay it from his Zakat. However, if he did not leave any legacy then no one is more deserving of his Zakat than the debts of his father. If he pays off the debts of his father in such case it is acceptable (as payment of Zakat).”’

During al-‘Umrah of al-Hudaybiyah, wild animals crowded around the Messenger of Allah, so much so that their hands and spears could easily reach.”

“Abu ‘Abd Allah (a.s.), has said, ‘If a man marries a small girl and she is breastfed by his wife his marriage becomes invalid.’ I then asked about the case of woman of a man who breastfeeds a girl; if her sons from another husband can marry her (the girl). He (the Imam) said, ‘No, they cannot do so.’ I then asked, ‘Is she like a sister of breastfeeding?’ He (the Imam) said, ‘Yes, from the side of the father.’”

“About the case of a man who makes a will in the presence of his heirs who give permission but when he dies they disregard it if they can take back what they had agreed, abu ‘ Abd Allah (a.s.), has said, ‘They cannot do so. The will about which the heirs agree in the lifetime of the deceased becomes permissible.’” Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar has narrated from Safwan ibn Yahya from Mansur ibn Hazim from abu ‘Abd Allah (a.s.), a similar Hadith.’”

“I once asked abu ‘Abd Allah (a.s.), about the meaning of the words of Allah, ‘O believing people, Allah will certainly try you in the matters of hunting that your hands and spears may achieve for you.’ (5:95) He (the Imam) said, ‘He spread the preys everywhere until they (preys) were very close to the people so Allah may try them (people).’”