علي بن إبراهيم بن هاشم

“This is concerning my question before abu ‘Abd Allah (a.s.), about mahr (dower). He (the Imam) said, ‘It is the amount upon which people agree or twelve Awqiyah and one Nashsha or five hundred dirham.’”

“Abu Ja’far (a.s.), has said, ‘The amount of mahr (dower) is what people agree upon which can be little or a great deal, that is mahr (dower).”’

“Abu Ja‘far (a.s.), once asked, ‘Do you know why mahr (dower) of women has become four thousand?’ I replied, ‘No, I do not know.’ He (the Imam) said, “Umm Habibah, daughter of abu Sufyan was in al-Habashah (Ethiopia) and the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, proposed marriage. Al-Najashiy paid four thousand. For this reason they take it, however, the actual mahr (dower) is twelve Awqiyah and one Nashsha.’”

“I once asked al-Rida’ (a.s.), about the case of a man who marries a woman and her mahr (dower) is a servant. He (the Imam) said, ‘The servant must be of average and medium condition.’ I then asked, ‘What happens if it is a house?’ He (the Imam) said, ‘It must be of average and medium condition.’”

“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, has said, ‘Allah forgives every sin on the Day of Judgment except non-payment of mahr (dower), usurpation of wages and selling free people.’”

“Abu ‘Abd Allah (a.s.), has said that the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘If a woman gives her mahr (dower) as charity to her husband before going to bed with her, Allah writes for her for every dinar freeing of a slave.’ It was asked, ‘O Messenger of Allah, What is for gifting it after going to bed?’ He (the Messenger of Allah) said, ‘That is because of affection and kindness.’”

“About the case of a woman who gifts herself or her guardian gifts her to a man, abu ‘Abd Allah (a.s.), has said, ‘No, it was only for the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and not for others unless it is in exchange for something, little or more.’”

“About the case of a man who marries a woman but he does not go to bed with her and she claims that her mahr (dower) is one hundred dinar while the husband says that it is fifty dinar and there is no witness, abu Ja’far (a.s.), has said, ‘The words of the husband are accepted on oath.’”

“Once abu ‘ Abd Allah (a.s.), was asked about the case of a man who married a woman without witness. He (the Imam) said, ‘It is not unlawful at all between him and Allah. Witness in marriage is for the sake of children, if that is not the concern then it is not unlawful.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Witness and testimony (for marriage) is only for the sake of children and inheritance.’ In another Hadith it is said, ‘and it is for the sake of criminal issues.’”

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

“Abu Ja‘far (a.s.), has said, ‘A woman who has control over herself and is not dimwitted and has no master over her, her marriage without guardian is lawful.’”

“This is concerning my question before abu ‘Abd Allah, Alayhi al-Salam, about the case of a man who gives his daughter in marriage to someone without her permission. He (the Imam) said, ‘With the existence of her father she has no say and commandments. If he gives her in marriage it is permissible even if she dislikes.’ He (the Imam) was asked about the case of a man who wants to give his sister in marriage. He (the Imam) said, ‘He must have her commandment, permission and if she remains quiet it is her affirmation and if she refuses he cannot give her in marriage.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Of whatever Allah, most Majestic, most Glorious, has made lawful nothing is more hateful to Him than divorce. Allah hates those who divorce very often in a hasty manner (like an epicure who keeps tasting this and that food).”’

“Abu Ja‘far (a.s.), has said, ‘Every divorce without waiting period is not a valid divorce, or divorce during her experiencing Hayd (menses), Nifas (childbirth), after going to bed with her before her Hayd (menses), such divorces are not valid. If one divorces with waiting period more than once the extra one does not have any valid effect. If one divorces with waiting period without just witnesses, it also is not a divorce and women’s witnessing is not sufficient.’”

“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 Ja‘far (a.s.), has said, ‘If one divorces his wife in one place and time three times when she is experiencing Hayd (menses) such divorce does not have any valid effect. A valid divorce is that which Allah, most Majestic, most Glorious, has commanded. Whoever does otherwise it is not a divorce. Ibn ’Umar divorced his wife three times in one place and time when she experienced Hayd (menses). The Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, commanded him to go to bed with her and ignore that kind of divorce.’ He (the Imam) said, ’A man once came to ’Amir al-Mu’minin (a.s.), and said, ‘O ’Amir al-Mu’minin, I have divorced my wife.’ He (the Imam) asked, ‘Do you have witnesses?’ he replied, ‘No, I do not have any witnesses.’ He (the Imam) said, ‘You must disregard it.’”

“Once, I was with Abu Ja‘far (a.s.), when, Nafi’ Mawla’ Ibn ’Umar came to visit him (the Imam). Abu Ja’far (a.s.), asked him, ‘Are you the one who believes that ibn ‘Umar divorced his wife once during her experiencing Hayd (menses) and the Messenger of Allah (saww) commanded ‘Umar to ask him to go back to his wife?’ He replied, ‘Yes, that is correct.’ He (the Imam) said, ‘You have spoken a lie against ibn ‘Umar, by Allah, besides whom no one deserves worship. I heard ibn ‘Umar saying, “I divorced her during the time of the Messenger of Allah, three divorces but the Messenger of Allah reversed it on me and I kept her after divorce.” O Nafi‘ you must have fear of Allah and do not narrate falsehood against ibn ‘Umar.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a divorce which is not with waiting period. He (the Imam) said, ‘It must be returned to the book of Allah, most Majestic, most Glorious.’”

“I once asked him (the Imam) (a.s.), about the case of a man who says that on the day I will get married to so and so she is divorced. He (the Imam) said, ‘It does not have any valid effect until he has a binding marriage.’”