The Case of Those Who Need Permission to Fast Optional Fasting

1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Khalid from al-Qasim ibn ‘Urwah from certain individuals of his people who has said the following: “Abu ‘ Abd Allah (a.s.), has said that a woman should not fast an optional fast without permission from her husband.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from ‘Isma’il ibn Mehran from Hammad ibn ‘Uthman who has said the following: “Once shortages of food took place in al-Madinah and even affluent people would mix wheat and barley for food and buy only a small amount of food. Abu ‘ Abd Allah (a.s.), had a good quality of food which he had purchased earlier in the beginning of the year. He (the Imam) then asked one of his agents to buy a certain amount of barely and mix it with their good quality of food or sell this good quality of food; adding, ‘I do not like to consume good quality of food when people consume a worse quality of food.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from ‘Abd al-Karim from ibn abu Nasr who has said the following: “Abu ‘Abd Allah (a.s.), has said that waiting period for al-Khul‘ is like the waiting period for divorced woman and al-Khul‘ is her divorce.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from af-Hassan ibn Mahbub from ‘Umar ibn Yazid who has narrated the following: “I once asked abu ‘ Abd Allah (a.s.), about the case of a man who wants to free his slave. His master takes a certain amount of tax from him every year about which both the master and slave had happily agreed. The slave in business earns a certain amount of assets besides what he gives to his master as tax. He (the Imam) said, ‘If he pays to his master what was obligatory, thereafter what he earns belongs to the slave.’ He (the Imam) then said, Ts it not the case that Allah has made certain things obligatory on His servants and when they fulfill such obligations, He then does not ask for more?’ I then asked, ‘Can the slave give charity out of what he earns and set free after paying his dues to his master? He (the Imam) said, ‘Yes, he can do so and the reward for it belongs to him.’ I then asked, ‘If he frees a slave with his earning which is other than his dues, with whom then rests guardianship because of setting him free? He (the Imam) said, ‘He can go and find guardians that he likes. Whoever bails out his crimes and wergild such person becomes his guardian and heir.’ I then asked, ‘Is it not the case that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “Guardianship rests with the one who buys one’s freedom?”’ He (the Imam) said, ‘This is Sa’ibah (unconditionally freed slave). Guardianship over him will not rest with another slave like him.’ I then asked, ‘If the slave that he has freed guarantees and bails out his crime and liabilities, does it become binding and because of this becomes his guardian and inherits him? He (the Imam) said, ‘That is not permissible because a slave cannot inherit one who is free.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Muhammad ibn Yahya has narrated from Muhammad ibn Ahmad from Ahmad ibn Hilal from Marwak ibn ‘Ubayd from Nashit ibn Salih from Hisham ibn al-Hakam who has said the following: “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, ‘A guest of good understanding does not fast an optional fast without permission from his host. An obedient wife does not fast an optional fast without permission and order from her husband. An obedient and disciplined slave does not fast an optional fast without permission and order by his master. Children with good and kind behavior do not fast an optional fast without permission and order from their parents; otherwise, a guest is ignorant, a woman disobedient, the slave a sinner and disobedient, and the child is an ignored one.”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Muhammad ibn Yahya has narrated from Ali ibn ‘Isma’il from Ali ibn al-Hakam from Jahm ibn abu Jahm from Mu‘attib who has said the following: “Abu ‘Abd Allah (a.s.), once, when food prices were rising, asked me, ‘How much food do we have?’ I (the narrator) replied, ‘There is enough food for several months.’ He (the Imam) said, ‘Take it out to sell.’ I (the narrator) I said, ‘There is not enough food in al-Madinah.’ He (the Imam) said, ‘You must sell it.’ When I sold he (the Imam) said, ‘You must buy food every day as other people do.’ He (the Imam) said, ‘O Mu‘attib, make half the supplies of food for my family from wheat and the other half barely; Allah knows that I can provide them wheat as it is, but I like that Allah see me planning my finances in a good manner.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Through the same chain of narrators as that of the previous Hadith the following is narrated Ahmad ibn Muhammad from ‘Abd al- Karim from al-Halabiy who has said the following: “Abu ‘Abd Allah (a.s.), has said that a woman because of al-Khul‘ does not receive any benefit.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

2. Ibn Mahbub has narrated from ibn Ri’ab from ‘Ammar ibn abu al-Ahwas who has narrated the following: “I once asked abu Ja‘far (a.s.), about Sa’ibah (unconditionally freed slave). He (the Imam) said, ‘You must consider what is in the Quran, “setting free a slave” O ‘Ammar, he is Sa’ibah (unconditionally freed slave) over whom there is no guardianship of anyone except Allah. Guardianship over whoever rests with Allah, such guardianship rests with His Messenger; and guardianship over whoever rests with the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, such guardianship rests with the Imam. His liabilities due to his crimes are on the Imam and his legacy is for the Imam.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Ali ibn Muhammad ibn Bandar [and others] from Ibrahim ibn Ishaq through his chain of narrators from al-Fadl ibn Yasar who has said the following: “Abu Ja‘far (a.s.), has stated this Hadith: ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “When a man enters a town (residence), he is a guest of the inhabitants of that town who are followers of the religion he follows until he leaves that town (residence). It is not proper for him to fast without their permission, so that the food that may have been prepared does not spoil. It is not proper for them also to fast without permission so he because of exercising reservation does not eat the food that he desires.’””

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Ali ibn Muhammad ibn Bandar has narrated from Ahmad ibn abu ‘Abd Allah, from Muhsin ibn Ahmad from Yunus ibn Ya’qub from Mu‘attib who has said the following: “Abu al-Hassan ‘Alayhi al-Salam, would command, at the time of harvest of fruit, to take them out and sell and then buy every day as Muslim people do.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy who has said the following: “He (the Imam) ‘Alayhi al-Salam, has said that woman of al-Khul‘ does not receive any benefits.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

3. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from Ibn Abi ‘Umayr from Hisham ibn Salim who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘When a man is under the guardianship of a man for him is his legacy and on him is the liability for wergild.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. A number of our people have narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from Malik ibn ‘Atiyyah from Muhammad ibn Muslim who has said the following: “Abu Ja‘far (a.s.), has said that a woman must not optionally fast without permission from her husband.”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. Al-Husayn from Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali al-Washsha’ from Aban from Zurarah who has said the following: “I once asked abu Ja‘far (a.s.), about the waiting period of a woman in al-Khul‘. He (the Imam) said, ‘It is like the waiting period of a divorced woman and she must complete her waiting period in her home and a woman in al-Mubarat (disavowing) is the same as the one in al-Khul‘.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

4. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Hammad ibn ‘Isa from Shu’ayb al-‘Aqarqufiy from abu Basir who has narrated the following: “Once abu ‘Abd Allah (a.s.), was asked about the slave who is freed as Sa’ibah (unconditionally freed slave). He (the Imam) said, ‘He is free to find a guardian of his choosing and on whoever he chooses as his guardian are his liabilities for his crimes and for him is his legacy.’ We then asked, ‘What happens if he remains quiet until he dies and does not take anyone as his guardian?’ He (the Imam) said, ‘His legacy is placed in the treasury of the Muslims.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Ali ibn Muhammad ibn Bandar has narrated from Ahmad ibn abu ‘Abd Allah al-Jamuraniy from al-Hassan ibn Ali ibn abu Hamzah from ‘Amr ibn Jubayr al-‘Arzamiy who has said the following: “Abu ‘Abd Allah (a.s.), has said that once a woman came to the Holy prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and asked, ‘O Messenger of Allah, what is the right of a husband on the wife?’ He (the Messenger of Allah) said, ‘It is more than that.’ She then said, ‘Tell me about a few of them.’ He (the Messenger of Allah) said, ‘She must not fast without his permission.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. Humayd ibn Ziyad has narrated from ibn Sama‘ah from Muhammad ibn Ziyad from ‘Abd Allah ibn Sinan who has said the following: “Abu ‘Abd Allah (a.s.), has said that waiting period for a woman in al-Khul‘ is like that of a divorced woman and her al-Khul‘ is her divorce.’ He (the narrator) has said that he then asked if she receives any benefits. He (the Imam) said, ‘No, she does not receive any benefits.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

5. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from ‘ Abd Allah ibn Sinan who has narrated the following: “Abu ‘Abd Allah (a.s.), has said, ‘If one frees a slave by manner of Sa’ibah (unconditionally freed slave) he is not liable for his crimes and there is nothing for him from his legacy and he must arrange witnesses for it.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. Humayd has narrated from al-Hassan from Ja‘far ibn Sama‘ah from Dawud ibn Sarhan who has said the following: “About the case of a woman in al-Khul‘ abu ‘Abd Allah (a.s.), has said, ‘Her waiting period is like the waiting period of a divorced woman. She must count her waiting period in her home and a woman of al-Khul‘ is like the woman in al-Mubarat (disavowing).”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

6. Ibn Mahbub has narrated from Khalid ibn Jarir from abu al-Rabi’ who has narrated the following: “Once abu ‘Abd Allah (a.s.), was asked about Sa’ibah (unconditionally freed slave). He (the Imam) said, ‘He is a man who frees his slave, then says to him, “Go wherever you like. There is nothing for me from your legacy and I am not liable of anything because of your crimes.” He arranges witness to bear testimony thereof.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

7. Humayd ibn Ziyad has narrated from al-Hassan from Muhammad ibn Ziyad and Safwan from Rifa‘ah who has said the following: “Abu ‘Abd Allah (a.s.), has said that women in al-Khul‘ do not have the right for maintenance and housing.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

7. Ibn Mahbub has narrated from abu Ayyub from Burayd ibn Mu’awiyah al- ‘ Ij liy who has narrated the following: “I once asked abu Ja’far (a.s.), about the case of a man who owed the freeing of a slave but he died before freeing a slave. His son then went to buy a man from his earnings and set him free on behalf of his father; the freed man earned an asset and then died; and about to whom belongs his legacy? He (the Imam) said, ‘If his father owed it because of Zihar, thanksgiving or it was obligatory on him then the freed is Sa’ibah (unconditionally freed slave) and no one has anything on him. If he found a guardian for himself from the Muslims before his death, who took upon himself his liabilities for his crimes, he is his guardian and heir; if no relatives of the freed man exists. If he did not find anyone of the Muslims as his guardian until he died, then his legacy is for the Imam of the Muslims if his relatives who can inherit him do not exist.’ He (the Imam) said, ‘If his father owed the freeing of a slave for optional reasons and his father had commanded him to free for him a soul, then the guardianship of freed man belongs to all heirs of the deceased of the male ones.’ He (the Imam) said, ‘The one who buys and frees him because of the command of his father is like one of the heirs; if the freed does not have any relative among the Muslims who are free to inherit him.’ He (the Imam) said, ‘If his son buys the slave and frees for his father from his asset after his father, optionally on his behalf without any command from his father, then guardianship and legacy belongs to the one who bought the slave from his asset to be freed who freed him for his father. This applies only when the freed one has not left behind any relatives.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

8. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Barqiy from abu al-Bakhtariy who has said the following: “Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin has said, ‘Every divorced woman has the right to receive benefits except women in al-Khul‘ who purchase themselves.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

8. Ali ibn Ibrahim has narrated from [his father] from Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus from Hisham ibn Salim from Sulayman ibn Khalid who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the slave who is freed in the manner of Sa’ibah (unconditionally freed slave). He (the Imam) said, ‘He is free to choose a guardian whoever he likes to bail out his liabilities due to crime and then inherit his legacy. ’I then asked, ‘What happens if he remains quiet until he dies?’ He (the Imam) said, ‘His legacy is placed in the treasury of the Muslims.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

9. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn Ri’ab from abu Basir who has said the following: “I once asked abu ‘ Abd Allah (a.s.), about the case of a man whose wife has arranged al- Khul‘: if it is permissible for him to propose marriage to her sister before waiting period because of al-KhuV is complete. He (the Imam) said, ‘Yes, because she has freed herself from the bonds of his marriage and he does not have the right to go back to her.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.

9. Muhammad ibn Yahya and others have narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Abd al-Hamid from Hisham ibn Salim from abu Basir who has narrated the following: “Abu Ja‘far (a.s.), has said that Amir al-Mu’minin once issued a judgment. It was in the case of a slave whose master had caused him serious physical damage, that he (the slave) is free in the manner of Sa’ibah (unconditionally freed slave) so that he can choose whomever he likes as his guardian to bail out his liabilities for his crimes and then inherit his legacy.”’

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.