People’s Obligation after Having Proof of the New Moon on the Day of ‘Id after Completion of Fasting

1. Muhammad ibn Yahya has narrated from Muhammad ibn from Muhammad ibn ‘Isa from Yusuf ibn ‘Aqil from Muhammad ibn Qays who has said the following: “Abu Ja’far (a.s.), has said, ‘If two witnesses testify before the Imam to their seeing the new moon after thirty days, the Imam issues a commandment to discontinue fasting. He (the Imam) performs Salat (prayer) on that day if they have seen it before Zawal (declining of the sun toward the west at noontime), but if they see it after Zawal, the Imam issues a commandment to discontinue fasting on that day and delays Salat (prayer) for the next day.”’

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

1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hajjal from Tha’labah from Burayd who has said the following: “I once asked abu Ja’far. ‘Alayhi al-Salam, about al-Ratbah (a grass, cattle feed) which is sold in the form of one, two or three crops. He (the Imam) said, ‘There is no offense in it.’ I asked many such questions and every time he (the Imam) said, ‘There is no offense in it. 5 I then said, ‘May Allah keep you well’ - because of feeling shy due to my numerous questions and his words, ‘There is no offense in it’- those nearby may spoil for us all of this. He (the Imam) said, ‘I think they have heard the Hadith of the Messenger of Allah about palm trees.’ At this time someone caused an interruption and I remained quiet. I then asked Muhammad ibn Muslim to ask abu Ja‘far (a.s.), about the words of the Messenger of Allah in regard to palm trees. Abu Ja‘far (a.s.), said, ‘The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, once came out and heard a great deal of noise. He (the Messenger of Allah) asked about it. It was said to him, “People buy fruits of the coming year of palm trees in exchange for dates.” The Messenger of Allah said, “If they do so they must buy the fruits of the coming year when something of such fruits appears, and they must not make it unlawful.’””

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

1. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from abu Waffad af-Hannat from Humran who has said the following: “Abu Ja‘far, Alayhi al-Salam, has said that ’Amir al-Mu’minin has stated this Hadith. ‘Once a Muslim woman came to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and said, “O Messenger (of Allah) so and so married me. I gave birth to many children for him. I helped him in his world and religion and he has not seen any dislikeable things from me. I complain against him before Allah, most Majestic, most Glorious, and before you.” He (the Messenger of Allah) asked, “What is your complaint against him?” She replied, “Today he said to me, ‘You are unlawful for me like the back of my mother is.’ He expelled me from my house, please look into my affairs.” The Messenger of Allah said, “Allah has not sent down any book by which I can decide between you and your husband and I do not like to take the trouble on myself.” She began to weep and complain before Allah and His Messenger and returned. Allah, most Majestic, most Glorious, heard her conversations with His Messenger, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, about her husband and what she complained about. Allah, most Majestic, most Glorious, sent a reading about it: “In the Name of Allah, the Beneficent, the Merciful. Allah has certainly heard the words of the woman who argued with you about her husband and who (after not having received a favorable response from you) complained to Allah. Allah was listening to your argument [meaning the statements of the Messenger of Allah about her husband]. Allah is All hearing and All aware. (58:1) “Those who renounce their wives by calling them to be as their mothers should know that their wives could never become their mothers. Their mothers are those who have given birth to them. The words that they speak are certainly detestable and sinful. However, Allah is Pardoning and All forgiving.” (58:2)’ “The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, sent for her and she came. He (the Messenger of Allah) said to bring her husband before him. She brought her husband. He (the Messenger of Allah) asked, ‘Have you said this to your wife, ‘you are unlawful to me like the back of my mother is?’ He replied, ‘I have said so to her.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said, ‘Allah, most Majestic, most Glorious, has sent verses of al-Quran about you and your wife.’ He (the Messenger of Allah) read for him what Allah had revealed, ‘Allah has heard the words of the woman . . . Allah is Pardoning and All-forgiving.’ (58:2) Hold your wife to yourself because you have said evil and sinful words. Allah has forgiven you and has pardoned you. You must not do such thing again.’ The man returned and he was regretful because of what he had said to his wife. Allah disliked it for the believers thereafter and then He revealed, ‘Those who involve themselves in Zihar against their women then return from what they have said. . .’ meaning when the first man said to his wife, ‘You are unlawful to me like the back of my mother.’ He (the Imam) said, ‘Whoever says it after Allah pardoned and forgave the first man, “must set free a slave before touching (going to bed with) his wife. This is how Allah gives advice and Allah is well aware of what you do. If one cannot set free a slave he must fast for two consecutive months before touching each other. If one cannot do this also then he must feed sixty destitute people.” Allah has sanctioned this penalty after He prohibited Zihar and said, “This is done so that you believe in Allah and His Messenger and such are the laws of Allah.” Allah, most Majestic, most Glorious, has sanctioned this penalty because of Zihar.’” Humran has said that abu Ja‘far (a.s.), has said, ‘Zihar does not take place by swearing, harming and in anger. Zihar can only take place during a Hayd (menses)-free period and without sexual intercourse and in the presence of two Muslim witnesses.’”

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

2. Muhammad ibn Yahya has narrated from Muhammad ibn Ahmad in a marfu‘ manner who has said the following: “He (the Imam) (a.s.), has said, ‘If people are fasting and have not seen the new moon, then a just people come and testify to their seeing the new moon they must discontinue fasting and on the morning of the next day come out for their ‘Id.’”

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

2. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad ibn ‘Uthman from al-Halabiy who has said the following: “Someone once asked abu ‘Abd Allah (a.s.), about buying dates, grapes and fruits of three or four years. He (the Imam) said, ‘There is no offense in it. He (the buyer) can say, “If fruits will not grow this year they will do so next year.” If you buy the fruits of one year only then you must not do so until they are ripe. If you buy them before three years there is no offense in it if the deal takes place before they are ripe.’ Someone asked about buying a certain fruit of a certain land but the fruit of all of that land is ruined. He (the Imam) said, ‘There was dispute about it and it was brought before the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and they kept speaking about it. When he found out that they do not stop disputing, he prohibited them from such transactions until ripening of fruits and did not make it unlawful. However, he did so because of their disputes.’”

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

2. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “Abu ‘Abd Allah (a.s.), has said, ’Divorce is not a divorce unless it is intended to be a divorce, and Zihar is not Zihar unless it is intended to be so.’”

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

3. Al-Husayn ibn Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn al-Washsha’ who has said the following: “I once asked al-Rida’ (a.s.), ‘Is buying dates permissible when they are formed?’ He (the Imam) replied, ‘It is permissible when they Yazhu.’ I then asked, ‘What is Yazhu?’ He (the Imam) replied, ‘It is when they turn red, yellow and so on.’”

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

3. Ali has narrated from his father from ibn Mahbub from ibn Ri’ab from Zurarah who has said the following: “I once asked abu Ja’far (a.s.), about al-Zihar. He (the Imam) said, ’It applies to all relatives (Dhi Mahram) like mother, sister, paternal or maternal aunts. Al-Zihar is not by swearing.’ I then asked, ’How does it take place?’ He (the Imam) said, ‘It happens by a man’s saying to his wife when she is clean of Hayd (menses) and sexual intercourse, ‘You are unlawful to me like the back of my mother or sister’, and he thereby intends al-Zihar.’”

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

4. Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from Ibn Abi ‘Umayr from Rib’iy who has said the following: “I once said to abu ‘Abd Allah (a.s.), ‘I have palm tree fruits in Basrah. I sell them for a certain price excluding one Kur (a certain measurement) of the dates or more or the cluster of dates.’ He (the Imam) said, ‘There is no offense in it.’ I then said, ‘I pray to Allah to keep my soul in service for your cause, what do you say about selling for two years?’ He (the Imam) said, ‘There is no offense in it.’ I then said, ‘I pray to Allah to keep my soul in service for your cause, this is great among us.’ He (the Imam) said, ‘As you mentioned it, the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, had made it permissible but they wronged each other. He (a.s.), then said, ‘You must not buy it until fruits appear and are out of danger.”’

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

4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from a man of our people from a man who has said the following: “I once asked abu al-Hassan (a.s.), about my saying to my wife, ‘You are like the back of my mother if you went out of the room’ and she went out of the room. He (the Imam) said, ‘There it does not have any valid effect on you.’ I then said, ‘I am strong to expiate.’ He (the Imam) said, ‘You do not owe anything because of it.’ I said, ‘I am strong to set free one or two slaves.’ He (the Imam) said, ‘You do not owe anything because of it, regardless you are strong or not strong.’”

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

5. Muhammad ibn Yahya has narrated from Muhammad ibn Al-Husayn from Safwan from Ya’qub ibn Shu’ayb who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘If inside the walls there are different fruits and certain kinds are ripe, then there is no offense in buying all of it.’”

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

5. Ibn Faddal has narrated from the one who narrated to him who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘Al-Zihar can take place only in the environment of divorce.’”

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

6. Humayd ibn Ziyad has narrated from ibn Sama’ah from more than one person from ‘Isma’il ibn al-Fadl who has said the following: “I once asked him (the Imam) about selling fruits. ‘Is it permissible to buy fruits before they are formed?’ He (the Imam) replied, ‘If in that area such deals are made and they are profitable which is achieved then there is no offense in such transaction.’”

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

6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu Najran from Ibn Abi ‘Umayr from ‘Abd Allah ibn al- Mughirah and others who has said the following: “Hamzah ibn Humran married the daughter of Bukayr. In the night that she was to be brought to him women said to him that divorce does not matter to you much and it is not important for you. ‘We will not bring her (the bride) to you until you form al-Zihar about the mothers of your children.’ He (the narrator) has said that he agreed to do so and mentioned it to abu ‘Abd Allah (a.s.). He (the Imam) commanded him to settle (keep) them.’”

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

7. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from ‘Uthman ibn ’Isa from Sama’ah who has said the following: “I once asked him (the Imam) about selling fruits. ‘Is it permissible to buy fruits before they are formed?’ He (the Imam) replied, ‘No, it is not permissible unless something else alongside is also purchased, like animal feed or vegetables when the buyer says, ‘I buy this much animal feed and dates from you and this tree in exchange for so and so prices.’ In case, if no fruits appeared the buyers’ capital remains with animal feed or vegetables.’ I then asked him (the Imam) about buying tree leaves. Is it permissible to buy them in three or four kharatat (crops)?’ He (the Imam) said, ‘If you can see leaves on the tree you can buy it for whatever number of cropping you may like.’”

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

7. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and abu al-‘Abbas al-Razzaz from Ayyub ibn Nuh all from Safwan from Ibn Abi ‘Umayr from ‘Abd Allah ibn al-Mughirah who has said the following: “Hamzah ibn Humran married daughter of Bukayr. In the night that she was to be brought to him women said to him, ‘We would not bring her to you until you swear. We will not agree to your swearing about setting free slaves because you do not consider it anything important; but you must swear about al-Zihar and form al-Zihar about the mothers of your children and slave-girls.’ He formed al-Zihar about them, then he mentioned it to abu ‘ Abd Allah (a.s.). He (the Imam) said, ‘You do not owe anything because of it and you can go back to them.’”

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

8. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn from al-Qasim ibn Muhammad al-Jawhariy from Ali ibn abu Hamzah who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who buys a garden with palm trees and trees in it of which certain ones have become edible and others are not edible yet. He (the Imam) said, ‘It is not harmful when there are edible ones.’ I then asked him (the Imam) about the case of a man who buys a garden with palm trees in it which does not have anything yet except green dates. He (the Imam) said, ‘No, until they Yazhu.’ I then asked, ‘What is yazhu?’ He (the Imam) said, ‘It is when their color changes.’”

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

8. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who doubts a great deal in his wudu. He then says, ‘If I repeat my Salat (prayer) or wudu (because of doubts), then my wife will be like the back of my mother and swears for it about divorce.’ He (the Imam) said, ‘It is of the misdeeds of Satan. He does not owe anything because of it.’”

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

9. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan ibn Yahya from Ya’qub ibn Shu’ayb who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man whom I gave twenty dinar for his fruits saying that when your fruits become fruits these dinars are payments, if then I will like I will take the fruits, and if I will not like I will not take them. He (the Imam) said, ‘You cannot give him or stipulate for anything.’ I said, ‘I pray to Allah to keep my soul in service for your cause, he does not say anything and Allah knows his intention.’ He (the Imam) said, ‘It is not valid if it is in his intention (the merchandise must exist).”’

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

9. Ali ibn Ibrahim has narrated from his father and A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah from abu Basir who has said the following: “I once heard abu ‘Abd Allah (a.s.), saying that once a man came to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and said, ‘O Messenger of Allah, I have formed al-Zihar with my wife’. He (the Messenger of Allah) said, ‘Go and set free a slave.’ He said, ‘I do not have anything.’ He (the Messenger of Allah) said, ‘Go and fast for two consecutive months.’ He said, ‘I cannot do so.’ He (the Messenger of Allah) said, ‘Go and feed sixty destitute people.’ He said, ‘I do not have that much food.’ He (the Imam) has said that the Messenger of Allah then said, ‘I will do it for you.’ He (the Messenger of Allah) gave him dates to feed sixty destitute people and told him to give to them.’ He then said, ‘I swear by the One who has sent you with truth, I do not know of anyone between the two mountains on both sides of this city needier to this date than myself and my family.’ He (the Messenger of Allah) said, ‘Go, eat thereof and feed to your family.’”

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

10. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy who has said the following: “This is about the case of a man who says to another man, ‘Sell to me fruits of your palm tree for two Qafiz (a certain measurement) of dates or less or more...’ specifying the amount as he likes and he sells it. He (the Imam) said, ‘It is not harmful. 5 He (the Imam) said, ‘Dates and half ripe dates of a palm tree are the same and it is not harmful. Mixing old dates and half ripe fresh dates is not valid and so also is true for raisins and grapes.’”

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

10. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil ibn Darraj who has said the following: “I once said to abu ‘Abd Allah (a.s.), that a man says to his wife that she is like the back of his paternal or maternal aunt. He (the Imam) said, ‘It is al-Zihar.’ He (the narrator) has said that we asked him (the Imam) about al-Zihar and about when expiation becomes due on such man. He (the Imam) said, ‘It is when he wants to go to bed with his wife.’ I then asked, ‘Will there be expiation if he divorces her before going to bed with her?’ He (the Imam) said, ‘Expiation does not fall off of him.’ I then asked, ‘If he fasts a part of fasting, then he falls ill and he discontinues his fast, must he start it all over again or continue from where he had left to complete what he owes?’ He (the Imam) said, ‘If he has fasted one month, then has fallen ill, he must start all over again, but if he has done more than one month by one day or two days he can continue from there onward to complete the rest.’ He (the narrator) has said that he (the Imam) said, ‘Free and slaves are the same except that slaves owe one-half of expiation on a free person. He (a slave) does not owe setting free of slaves or charity. He must only fast for one month.’”

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

11. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Mu‘awiyah ibn Muyassir who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about selling palm trees for two years. He (the Imam) said, ‘It is not harmful.’ I then asked if fresh dates can be sold in the form of one or several pickings fresh from the trees each time they ripen. He (the Imam) said, ‘It is not harmful.’ He (the Imam) then said, ‘My father would sell the plant of henna in the manner of several harvests.’”

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

11. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and al-Razzaz from Ayyub ibn Nuh from Safwan ibn Yahya from Ishaq ibn ‘Ammar who has said the following: “I once asked abu Ibrahim (a.s.), about the case of a man who forms al-Zihar about his slave-girl. He (the Imam) said, ‘Free and slaves are the same in al-Zihar.’”

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

12. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban ibn ‘Uthman from Yahya ibn abu al-‘Ala’ who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘If one sells palm trees which are pollinated, the fruit then belongs to the seller unless the buyer has stipulated otherwise. This is how the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, judged a case.’”

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

12. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “I once asked one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who forms al-Zihar about his wife five times or more. He (the Imam) said, Tor every time there is expiation.’ He (the narrator) has said, ‘I asked him (the Imam) about a man who forms al- Zihar about his wife, then divorces her before going to bed with her; if there is expiation on him. He (the Imam) said, ‘No, there is no expiation on him.’ He (the narrator) has said, ‘I asked him (the Imam) about al-Zihar of free and a slave-girl. He (the Imam) said, ‘Yes, it can happen.’ It was asked, ‘If it takes place in the month of Sha’ban and he cannot find a slave to free.’ He (the Imam) said, ‘He must wait until he completes fasting of the month of Ramadan, then fast for two consecutive months; and if he forms al-Zihar on a journey he must wait until he comes home. If he fasts then finds assets, he continues with what he has started.’”

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

13. 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 buying fruits, abu ‘Abd Allah (a.s.), has said, ‘When it becomes something buying it is not harmful.’”

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

13. Muhammad ibn Ahmad has narrated from ibn abu Najran from Muhammad ibn Humran who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a slave if there is al-Zihar on him. He (the Imam) said, ‘He owes one-half of what becomes due on free people. He owes only to fast one month and setting free of slaves does not apply to him as well as charity.’”

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

14. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Muhammad ibn Yahya from Ghiyath ibn Ibrahim who has said the following: “Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin has said, ‘If one sells palm trees which he has pollinated, its dates belong to the seller unless the buyer stipulates otherwise. Ali (a.s.), then said that this is how the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, judged a case.’”

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

14. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Hammad from al-Halabiy who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who forms al-Zihar about his wife three times. He (the Imam) said, ‘He must pay expiation three times.’ I then asked about if he goes to bed with her before paying expiation. He (the Imam) said, ‘He must ask forgiveness from Allah and abstain until he pays expiation.’”

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

15. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus who has said the following: “The explanation of the words of the Holy Prophet, ‘People of the city must not sell to the people of countryside’ is that fruits and all kinds of grains which are transported from countryside to the market place, it (their sale) then is not permissible for the people of the market place to buy such items from them to sell to the people. The transporting ones from the countryside and wilderness must sell them. However, those who transport such items from one city to another city can sell them because it is like trading.’”

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

15. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub from abu Hamzah al-Thumaliy who has said the following: “I once asked abu Ja‘far (a.s.), about a slave if there is expiation for al-Zihar on him. He (the Imam) said, ‘He owes one-half of what is due on a free person of fasting, and setting free of slaves as expiation does not apply in his case as well as paying charity.’”

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

16. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Ibrahim al-Karkhiy who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), that I had sold palm trees each for such and such number of dirham. The palm trees had fruits on them. The buyer then sold them to another man for a certain amount of profit but he had not paid me anything and had not received any delivery from me. He (the Imam) said, Tt is not harmful. Had he not taken responsibility for payment? 5 I replied, ‘Yes, he had done so. He (the Imam) said, ‘The profit then belongs to him. 5 ”

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

16. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hafs ibn al-Bakhtariy who has said the following: “About the case of a man who had ten slave-girls and formed al-Zihar about all of them by one statement, abu ‘Abd Allah, or abu al-Hassan (a.s.), has said that he must pay ten expiations.’”

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

17. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid 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, had judged that the fruits of the palm trees pollinated belong to the seller unless the buyer stipulates otherwise.”’

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

17. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ‘Udhaynah from Zurarah and from more than one person from abu Basir who has said the following: “He (the Imam) has said, ‘If one goes to bed with the woman for the second time before paying expiation he must pay another expiation’ He (the narrator) has said that there is no differences in this issue.’”

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

18. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ahmad ibn al-Hassan from ‘Amr ibn Sa‘id from Musaddiq ibn Sadaqah from ‘Ammar ibn Musa who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about vines when it is permissible to sell them. He (the Imam) said, Tt is permissible when they form into vines.’”

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

18. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Sayf al-Tammar who has said the following: “I once asked abu ‘ Abd Allah (a.s.), about the case of a man who says to his wife, ‘You are like the back of my sister, maternal or paternal aunt.’ He (the Imam) said, ‘Allah has mentioned the mothers, this certainly is unlawful. ’”

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

19. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Mahziyar from who has said the following: “‘Abd Allah ibn Muhammad once wrote to abu al-Hassan (a.s.), saying, ‘I pray to Allah to keep my soul in service for your cause, certain ones of your followers think that if a man speaks the statement of al-Zihar, then expiation becomes due, violating the swearing or not. They say that its sinfulness and violation is in the very statement of al-Zihar and expiation is as penalty for such statement. Certain others think that expiation is not due unless swearing is violated in something about which he swears, and if he violates then expiation is due on him, otherwise, there is no expiation. He (the Imam) (a.s.), signed the answer in his own handwriting that said, ‘Expiation does not become obligatory until violation of oath occurs.”’

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

20. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan who has said the following: “Once, al-Husayn ibn Mehran asked abu al-Hassan al-Rida’ (a.s.), about a man who formed al-Zihar about four women. He (the Imam) said, ‘He owes expiation for each one.’ He asked him (the Imam) about a man who formed al-Zihar about his wife and his slave-girl and what must he pay. He (the Imam) said, ‘For each one he must pay expiation in the form of freeing a slave or fasting two consecutive months or feeding sixty destitute people.’”

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

21. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father from all from ibn Mahbub from Jamil ibn Salih from al-Fudayl ibn Yasar who has said the following: “I once asked abu ‘Abd Allah (a.s.), about a Mumlak (a man owned as offspring of slaves) who expresses al-Zihar (calling one’s wife as one’s mother) about his wife. He (the Imam) said to me, ‘It is not al-Zihar (calling one’s wife as one’s mother) or swearing before going to bed with her.’”

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

22. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Mu‘awiyah ibn Wahab who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who says to his wife that she is like the back of his mother to him. He (the Imam) said, ‘The expiation for it is setting free of a slave or fasting for two consecutive months or feeding sixty destitute people. For freeing a slave, a child born in Islam is sufficient.’”

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

24. A number of our people have narrated from Sahl ibn Ziyad from al-Qasim ibn Muhammad al-Zayyat who has said the following: “I once said to abu ‘Abd Allah (a.s.), ‘I have expressed the statement of al-Zihar about my wife.’ He (the Imam) asked, ’How did you say it?’ I replied that it was, ‘You are like the back of my mother to me if you did so and so.’ He (the Imam) said, ‘It does not have any valid effect but you must not repeat it again.’”

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

25. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu Nasr who has said the following: “Al-Rida’ (a.s.), has said, ‘Al-Zihar (calling one’s wife as one’s mother) does not take place upon anger (if expressed because of anger).”’

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

26. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ahmad ibn al-Hassan from “Amr ibn Sa‘id from Musaddiq ibn Sadaqah from ‘Ammar ibn Musa who has said the following: “I once asked abu ‘Abd Allah (a.s.), about al-Zihar (calling one’s wife as one’s mother) which brings about the obligation. He (the Imam) said, ‘It is exactly that whereby a man wants al- Zihar.’”

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

27. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has said the following: “Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin has said, ‘When a woman says, “My husband is unlawful like the back of my mother” expiation does not become due on her thereby.’ He (the Imam) said that once a man from al- Ansar (people of al-Madinah) from Banu al-Najjar came to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and said, ‘I have expressed the statement of al-Zihar about my wife, then went to bed with her before paying the expiation.’ He (the Messenger of Allah) asked, ‘What made you do so?’ He replied, ‘When I expressed the statement of al-Zihar about her I then saw her shining anklet in the moonlight and the whiteness of her leg, then I went to bed with her before paying the expiation.’ He (the Messenger of Allah) said, ‘Stay away from her until you pay the expiation.’ He (the Messenger of Allah) commanded him to pay the expiation once and ask forgiveness from Allah.’”

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

28. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar or others from al-Hassan ibn Ali from Ali ibn ‘Uqbah, from Musa ibn ‘Ukayl al-Numayriy, from certain persons of our people who has said the following: “About the case of a man who expresses the statement of al-Zihar about his wife then divorces her, abu ‘Abd Allah (a.s.), has said, ‘Expiation does not apply to his case when he divorces before going to bed with her.’ It was then asked, ‘What happens if he goes back to her?’ He (the Imam) said, ‘If he has divorced her to escape from expiation, then goes back to her, expiation is obligatory for whenever he goes to bed with her, but if he divorced without such intention then it is not unlawful to go back to her and expiation is not due on him.’”

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

29. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and al-Razzaz from Ayyub ibn Nuh all from Safwan who has said that abu ‘Uyaynah narrated from Zurarah who has said the following: “I once said to abu Ja‘far (a.s.), ‘I have expressed the statement of al-Zihar about the mother of my children, then went to bed with her, then paid the expiation. He (the Imam) said, ‘This is how a faqih (scholar of law) man does; when he goes to bed he pays expiation.’”

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

30. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ‘Udhaynah from Zurarah who has said the following: “I once asked abu ‘ Abd Allah (a.s.), about the case of a man who expresses the statement of al-Zihar about his wife, then goes to bed with her before paying expiation. He (the Imam) said, ’Is it not the way a faqih (scholar of law) man does? 5 ”

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

31. AI-Husayn from Muhammad has narrated from Mu‘alfa’ ibn Muhammad from al-Hassan ibn Ali from Aban from al-Hassan al-Sayqaf who has said the following: “I once asked abu ’Abd Allah (a.s.), about the case of a man who expressed the statement of al-Zihar about his wife. He (the Imam) said, ’He must pay expiation.’ I then said, ‘He has gone to bed with her before paying the expiation.’ He (the Imam) said, ’He has come across a law of laws of Allah, most Majestic, most Glorious, and he must ask forgiveness from Allah and stay away until he pays expiation.’”

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

32. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from af-Fadl ibn Shadhan from Ibn Abi ‘Umayr from ‘Abd al-Rahman ibn al-Hajj aj who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘Al-Zihar is of two kinds. One kind is that because of which expiation becomes obligatory before going to bed with her, and the other kind is that for which expiation becomes obligatory after going to bed with her. The first kind is that in which one says, ‘For me you are like the back of my mother’ without saying, “If I did so and so with you.” The other kind is that for which expiation becomes obligatory after going to bed with her and it is that in which he says, ‘For me you are like the back of my mother if I come near you (for sexual intercourse).”’

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

34. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from abu Ayyub al-Khazzaz from Yazid al-Kunasiy who has said the following: “I once asked abu Ja’far (a.s.), about the case of a man who expresses the statement of al- Zihar about his wife, then divorces her once. He (the Imam) said, ’If he has divorced her once al-Zihar becomes void and divorce abolishes al-Zihar.’ I then asked, ‘What happens if he goes back to her?’ He (the Imam) said, ‘Yes, he can do so. She is his wife and if he went back to her he will owe what a man who has expressed the statement of al-Zihar owes before they touch each other.’ I then asked, ‘What happens if he allows until her waiting period ends and she becomes free of the bonds of marriage, and he then marries her; if there is expiation for al-Zihar before they touch each other. He (the Imam) said, ‘No, there is no expiation because she became stranger to him and was free of the bonds of marriage.’ I then asked, ‘What happens if he expresses the statement of al-Zihar about his wife, then leaves her without touching except that he sees her naked without touching; if expiation becomes obligatory. He (the Imam) said, ‘She is his wife, his going to bed with her is not unlawful, however, what is obligatory on him is what is obligatory on those who expressed the statement of al-Zihar about their wives before going to bed with her who is his wife.’ I then asked, ‘What happens if she brings him before the Sultan and says, ‘This is my husband who has expressed the statement of al-Zihar about me and he has withheld me. He does not touch me for fear of expiation which is obligatory on those who express the statement of al-Zihar.’ He (the Imam) said, ‘He (the sultan) cannot force him about the expiation of setting free of a slave or fasting for two consecutive months or feeding sixty destitute people if he is not able to set free a slave, fast for two consecutive months or feed sixty destitute people.’ He (the Imam) said, ‘If he is able in setting free of a slave or fasting for two consecutive months or feeding sixty destitute people, then the Imam must make him ready for setting free a slave and charity before he touches her or after he touches her.’”

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

35. Ibn Mahbub has narrated from al-‘ Ala’ from Muhammad ibn Muslim who has said the following: “I once asked abu Ja’far (a.s.), about the case of a man who expresses the statement of al- Zihar about his wife, then divorces her before going to bed with her until she becomes stranger to him: if he owes expiation. He (the Imam) said, ‘No, expiation is not obligatory on him.’”

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

36. Ali ibn Ibrahim has narrated from his father from Salih ibn Sa‘id from Yunus from certain persons of his people who has said the following: “I once asked abu ‘ Abd Allah (a.s.), about the case of a man, who expresses the statement of al-Zihar about his wife. He says, ‘For me you are like the back of my mother or like her hand, or like her belly, or like her vagina, or like her soul, or like her feet’; if this is al-Zihar and if he owes what one who expressed the statement of al-Zihar owes. He (the Imam) said, ‘If one expresses the statement of al-Zihar about his wife and says that she is like the back of his mother to him, or like her hand, like her leg, her hairs or something of her with the intention for it to be unlawful, then expiation becomes obligatory in a little or more of it. So also is the case if he says that she is like his relatives and expiation becomes obligatory on him.’”

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

23. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil an ibn Bukayr and Hammad ibn ‘Uthaman who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If one who has expressed al-Zihar (calling one’s wife as one’s mother) about his wife, divorces her then expiation cancels out and it no more is applicable to his case.’” Ali ibn Ibrahim has said that if a man divorces his wife or takes his slave-girl out of his possession he then does not owe expiation of al-Zihar unless he goes back to his wife and returns his slave-girl into his possession. When he does so then it is not proper for him to go near them without paying the expiation.

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

33. Muhammad ibn abu ‘Abd Allah al-Kufiy has narrated from Mu‘awiyah ibn al-Hakim from Safwan from ‘Abd al-Rahman ibn al- Hajj a] who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘If one swear to express al-Zihar then violates it, expiation becomes obligatory on him before going to bed with her, but if he has expressed the statement of al-Zihar without swearing, then expiation becomes due on him after going to bed with her.’” Mu’awiyah has said that this is not correct from thinking point of view. Hadith has come and our people have narrated that swearing can only take place ’by Allah’ and that is about which Quran has come.’”

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