ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
13. Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan and Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al- Jabbar from Safwan from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “He (the Imam) (a.s.), has said, ‘A divorced woman can perform al-Hajj and testify about rights.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
14. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Khalid from al-Qasim ibn ‘Urwah from Zurarah who has said the following: “Abu ‘ Abd Allah (a.s.), has said, ‘A divorced woman can use kohl, dyes, perfumes and wear whatever she likes because Allah, most Majestic, most Glorious, says, . .perhaps Allah may bring about something thereafter.’ Perhaps something happens in his mind and he goes back to her.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
1. Al-Husayn ibn Muhammad has said that narrated to me Hamdan al-Qalanisiy that ‘Umar ibn Shihab al-‘Abdiy asked me, ‘On what basis your people say that divorce pronounced three times does not make it three divorces?’ I said to him, ‘They believe that divorce is based on the book and al -Sunnah and whatever is against them is returned to them.’ He then asked, ‘What do you say about one who has divorced according to the book and Sunnah and his wife goes out or he sends her out and she counts the waiting period somewhere other than her house? Allah, most Majestic, most Glorious, has said, “Do not send them out of their house and they must not go out.’” I replied him with an answer, which was not from me. I met Ayyub ibn Nuh, asked him about it and informed him of the words of ‘Umar (ibn Shihab). He said, ‘We do not accept analogy. We only say what texts say.’ I then met Ali ibn Rashid and asked him about it and about the words of ‘Umar (ibn Shihab). He said, ‘He has used analogy against you to bind you. If divorce is not permissible without the book and Sunnah, waiting period also is not accepted without the book and Sunnah .’ I then asked Mu‘awiyah ibn al-Hukaym about it and informed him of the words of ‘Umar (ibn Shihab). Mu‘awiyah said, ‘Waiting period is not like divorce. There is a difference between them. Divorce is the act of divorcee. If he does against the book and against what he is commanded to do we can say to him to return to the book, otherwise, divorce is not valid. The waiting period is not the act of the man or woman. The days pass. Hayd (menses) takes place and it is not her act or his act. It is the act of Allah, most Blessed, most High. The act of Allah, most Majestic, most Glorious, cannot be analogized with his acts or her acts. If she acts against the law, the waiting period passes, and she has committed a sin in acting against the law. Had the waiting period been her act we would not make it to take place on her like divorce is invalid if it is against the law. “Al-Fadl ibn Shadhan has said, in answer presented by abu ‘Ubayd in the book of divorce that certain people of al-Kalam (theology) has said, ‘When Allah, the most Blessed, the most High, sanctioned divorce with waiting period He did not inform us that whoever divorces without waiting period his divorce is invalid. It is something that men and women obey and do not go out of the house as long as waiting period is not complete. We are only informed about sin. Allah has said, ‘. . . such is the limits set by Allah so do not transgress against them and those who transgress against the limits of Allah has done injustice to himself .’ Is disobedience in divorce like disobedience in waiting period by going out of her house? Do you not say that the nation collectively says that if a divorced woman goes out of her house for days, such days are counted as part of her waiting period even if she has disobeyed Allah? In addition, divorce during Hayd (menses) is counted against divorcee even though he has disobeyed Allah. [Translator’s Note: The words of al-Fadl ibn Shadhan are not translated but the Arabic text is preserved in applicable editions of this book.]
[1]حاصل الفرق أن اللّه تعالى أمر بالطلاق على وجه خاصّ حيث قال:« فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ» فقيد الطلاق بكونه في زمان يصلح للعدة فإذا أوقع على وجه آخر لم يكن طلاقا شرعيا بخلاف العدة فانه قال:« فعدتهن ثلاثة قروء» و قال:« أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ» فأجاز بأنّه يجوز لهن التزويج بعد العدة ثمّ بعد ذلك نهاهن عن شيء آخر فلا يدلّ سياق الكلام على الاشتراط بوجه.( آت)ص 93
[1]في القاموس: راغمهم نابذهم و هاجرهم.ص 95
[2]في بعض النسخ[ ماضية].ص 95
[1]ملخص الجواب الفرق بين الخروجين قبل الطلاق و بعده في عدم جوازهما بدون اذن زوجها و جوازهما باذنه.ص 96
الهوامش · 2 footnotes⌄
[١]اما محمول على الحقوق الواجبة او الزوجة البائنة أو على اذن الزوج ان جعلنا المنع مقيدا بعدمه.( آت)