ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
1. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ‘Udhaynah from Zurarah ibn ‘A‘yan who has said the following: “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.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
2. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn Yahya has narrated from ‘Abd Allah ibn Muhammad all from Ibn Abi ‘Umayr from Hisham ibn Salim who has said the following: “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.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
3. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from Ibn Abi ‘Umayr from Hafs ibn al-Bakhtariy who has said the following: “About the case of a man who marries without witness, abu ‘Abd Allah (a.s.), has said, ‘It is not unlawful.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
4. A number of our people have narrated from Sahl ibn Ziyad from Dawud al-Nahdiy from ibn abu Najran from Muhammad ibn al- Fudayl who has said the following: “Abu al-Hassan, Musa (a.s.), once said to abu Yusuf, al-Qadi, ‘Allah, most Blessed, most High, has commanded in His book about divorce and He has placed strong emphasis on the presence of two witnesses. He has not accepted anyone as witness other than two just ones. He has commanded in His book about marriage but He has left it (presence of witness) as overlooked. You, however, have established firmly the need for the presence of witnesses where He has overlooked, but you have invalidated the need for the presence of witnesses where He has placed strong emphasis (which is divorce).”’
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
1. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from Ibn Abi ‘Umayr from Hammad from af-Halabiy who has said the following: “This is concerning my question before abu ‘ Abd Allah (a.s.), about the words of Allah, most Majestic, most Glorious, ‘O Holy prophet, we have made your wives lawful for you’ (33:50) and that how many wives has He made lawful for him (the Holy Prophet)? He (the Imam) said, ‘As many as he wanted were lawful for him? I then asked about His words, ‘Thereafter women are not lawful for you and it also is not lawful to exchange with wives? (33:53) He (the Imam) said, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, had permission to marry as many as he wanted of the daughters of his uncle, daughters of his aunts, daughters of his maternal uncles daughters of his maternal aunts and his wives who migrated with him and it was made lawful for him to marry whoever of believing women presented themselves to him without mahr (dower) as a gift and that such a gift is not lawful for people other than the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause. For people other than the Messenger of Allah marriage without mahr (dower) is not valid and that is the meaning of the words of the most High, “and a believing woman who gifts herself to the Holy Prophet?’ (33:49) I then asked about the meaning of His words, ‘You can defer whoever you like and accommodate whoever you like? (33:51) He (the Imam) said, ‘Whoever came forward he married and those who did not he did not marry? I then asked about the meaning of, ‘Thereafter women are not lawful for you? He (the Imam) said, ‘It refers to the women mentioned in this verse, “Unlawful to you for marriage are your mothers, daughters, sisters . . ?’ (4:23) Had it been as they say it is, it became lawful for you those who are not lawful for him, that one of you could exchange whenever he wanted but it is not as they say. Allah, most Majestic, most Glorious, made it lawful for His Holy prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, whatever he wanted of women except those unlawful in this verse? (4:23)”
[3]الأحزاب: 51. اختلف المفسرون في أن آية« لا يَحِلُّ لَكَ النِّساءُ» محكمة أو منسوخة بقوله تعالى:« تُرْجِي مَنْ تَشاءُ مِنْهُنَ الآية» و الأظهر أنّها منسوخة و في هذه الأخبار دلالة بحسب الظاهر على ردّ من ذهب من المفسرين إلى ان معنى قوله تعالى:« تُرْجِي مَنْ تَشاءُ مِنْهُنَّ» تؤخرها و تترك مضاجعتها و معنى قوله:« تُؤْوِي إِلَيْكَ مَنْ تَشاءُ» تضم إليك و تضاجعها فيكون المراد بالارجاء بناء على هذا الخبر النكاح و بالايواء ترك النكاح على عرف أهل الشرع( رفيع الدين)( كذا في هامش المطبوع)ص 388