الكافي- ط الاسلامية — Volume 5, Page 415
[١]في بعض النسخ[ يخطب عليه].
فِي رَجُلٍ أَرْسَلَ يَخْطُبُ إِلَيْهِ امْرَأَةً وَ هُوَ غَائِبٌ فَأَنْكَحُوا الْغَائِبَ وَ فُرِضَ الصَّدَاقُ ثُمَّ جَاءَ خَبَرُهُ بَعْدُ أَنَّهُ تُوُفِّيَ بَعْدَ مَا سَبَقَ الصَّدَاقُ فَقَالَ إِنْ كَانَ أُمْلِكَ بَعْدَ مَا تُوُفِّيَ فَلَيْسَ لَهَا صَدَاقٌ وَ لَا مِيرَاثٌ وَ إِنْ كَانَ أُمْلِكَ قَبْلَ أَنْ يُتَوَفَّى فَلَهَا نِصْفُ الصَّدَاقِ وَ هِيَ وَارِثُهُ وَ عَلَيْهَا الْعِدَّةُ.
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali from ‘Abd Allah ibn Bukayr from certain persons of our people who has said the following: “About the case of a man who sends a proposal for marriage and he is absent. They give her in marriage to one who is absent and assign mahr (dower) but then news comes that he is dead after assigning mahr (dower). He (the Imam) said, If his earning is after his death she has no mahr (dower) or inheritance but if his earning is before his death then she deserves half of mahr (dower) and she inherits him.”’
Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.
[1]في بعض النسخ[ يخطب عليه].ص 415
لَا وَ لَكِنْ إِنْ كَانَتْ عِنْدَهُ امْرَأَةٌ ثُمَّ فَجَرَ بِأُمِّهَا أَوِ ابْنَتِهَا أَوْ أُخْتِهَا لَمْ تَحْرُمْ عَلَيْهِ امْرَأَتُهُ إِنَّ الْحَرَامَ لَا يُفْسِدُ الْحَلَالَ.
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ ibn Razin from Muhammad ibn Muslim who has said the following: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, was asked about the case of a man who went to bed with a woman out of wedlock; if he could marry her daughter. He (the Imam) said, ‘No, however, if a woman is his wife and he goes to bed with her mother or her daughter or sister, his wife does not become unlawful for him because unlawful does not destroy what is lawful. 5 ”
Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.
سَأَلْتُ أَبَا عَبْدِ اللَّهِ ع- عَنْ رَجُلٍ بَاشَرَ امْرَأَةً وَ قَبَّلَ غَيْرَ أَنَّهُ لَمْ يُفْضِ إِلَيْهَا ثُمَّ تَزَوَّجَ ابْنَتَهَا قَالَ إِذَا لَمْ يَكُنْ أَفْضَى إِلَى الْأُمِّ فَلَا بَأْسَ وَ إِنْ كَانَ أَفْضَى إِلَيْهَا فَلَا يَتَزَوَّجِ ابْنَتَهَا.
2. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from all from Safwan ibn Yahya from ‘Is ibn al-Qasim who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who associates with a woman and kisses her but does not go to bed with her; if he can marry her daughter. He (the Imam) said, ‘If he has not gone to bed with the mother, it is not unlawful to marry her but if he has gone to bed with her mother then he must not marry her (the daughter).’”
Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.
لَا إِنَّهُ لَا يُحَرِّمُ الْحَلَالَ الْحَرَامُ.
3. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy who has said the following: “About the case of a man who marries a girl then goes to bed with her, then due to wickedness goes to bed with her mother; if she becomes unlawful for him, abu Ja‘far (a.s.), has said, ‘His wife does not become unlawful for him.’ He (the Imam) then said, ‘Unlawful never makes a lawful thing unlawful.’”
Translation: Muhammad Sarwar·Thaqalayn link·The Arabic above is the original.