محمد بن جعفر

I heard abu Basir saying the following: “I once asked abu Ja‘far (a.s.), about the case of a woman who is not divorced according to Sunnah and said that they are a family and no one knows them. He (the Imam) said, ‘It does not have any valid effect.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Divorce three times in non-waiting period (without waiting period) if she is clean from Hayd (menses) counts as one, but if she is not clean of Hayd (menses) then it (divorce) does not have any valid effect.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If a man divorces his wife before going to bed with her, she becomes stranger to him and she can marry if she wants in the same hour after divorce. If mahr (dower) is set, she deserves one-half of it but if mahr (dower) is not set he must benefit her.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a woman who cannot become lawful for her previous husband in marriage without marriage with another man. He (the Imam) said, ‘She is a woman who is divorced and he goes back to her, then divorces her then goes back to her, then divorces for the third time. She becomes unlawful for him in marriage until she marries another man who tastes her honey (goes to bed with her).”’

“Abu ‘Abd Allah (a.s.), has said that al-Mubarat (disavowing) takes place when a woman says to her husband, ‘Whatever you owe to me is for you and set me free (from the bond of marriage).’ Or she pays extra from her side so he sets her free, except that he can say that if she goes back in anything, then he will be more rightful to have her as his wife. It is not lawful for her husband to take more than what is equal to her mahr (dower) or less.’”

“I once asked abu ‘Abd Allah (a.s.), about 7/a’ (swearing) and what it is. He (the Imam) said, ‘It takes place when a man says to his wife, ‘By Allah, I will not go to bed with you so and so, and says, ‘By Allah I will reduce you and then waits for four months. Thereafter he is taken in custody, if he expiates and reconciles with his wife, Allah is Forgiving and Merciful and if he did not expiate he then is made to divorce. Divorce cannot take place if it is after four months until it is taken before the Imam.’”

“Abu Ja‘far (a.s.), has said, ‘Divorce according to Sunnah is the divorce which one pronounces once in a menses-free period during which sexual intercourse has not taken place. It is pronounced in the presence of two witnesses and leaves her until her menses-free period is over. When this period is over she becomes stranger to him and he is one of those who may propose marriage; if he likes he can marry or not marry. If he decides to go back to his wife there must be a witness to bear witness to his going back to his wife before her menses-free period is over so that she remains with him within the first divorce/ He (the narrator) has said that abu Basir narrated from abu ‘Abd Allah (a.s.), who stated this about the words of Allah, most Majestic, most Glorious. ‘Divorce is twice, thereafter one must keep her in proper manner or in kindness allow her to go/ (2:229) He (the Imam) has said that it is the second divorce and allowing with kindness to go/”

The second has no way to her and the one who testified must pay the mahr (dower) to the second man and she must count her waiting period because of the second marriage. The first husband must not go near her until her waiting period is complete.’”

“Once I was in the Masjid when Ali ibn al-Husayn, Alayhi al-Salam, came and I could not recognize him. He (the Imam) had a black turban and he had allowed both ends of the turban to hang down between his two shoulders. I then asked a man sitting near me, ‘Who is this Shaykh?’ He asked, ‘Why did you not ask me about people other than this shaykh coming in the Masjid?’ I replied, ‘Because I did not see anyone else entering the Masjid look as good as this Shaykh and his condition in my eyes, thus I asked you.’ He then said, ‘This is Ali ibn al-Husayn, Alayhi al-Salam .’ The man, others and I stood up. We surrounded him (the Imam) and offered greetings of peace. A man then said, ‘I pray to Allah to keep you well, what is your view about a man who mentions a woman exactly and on the day of his marriage says three times that she is divorced but then he decides to marry her: if he can do so.’ He (the Imam) said, ‘Divorce is only after marriage.’ ‘Abd Allah has said that my father and I visited abu ‘Abd Allah, Ja‘far ibn Muhammad, Alayhim al-Salam, and my father narrated this Hadith to him (the Imam). Abu ‘Abd Allah, Alayhi al-Salam, asked, ‘Will you testify that this is a Hadith of Ali ibn al-Husayn, Alayhi al-Salam ?’ He replied, ‘Yes I will do so.’”