The Case of One Who Involves Himself in Carnal Relations with his Wife in the State of al-’Ihram after Completing Some Acts of al-Hajj

1. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from abu Ayyub al-Khazzaz from Salmah ibn Muhriz who has said the following: “I once asked abu ‘ Abd Allah (a.s.), about a man who performs sexual intercourse with his wife before Tawaf al-Nisa’. He (the Imam) said, ‘There is nothing on him.’ I then left and spoke about it to our people. They said, ‘He (the Imam) has used Taqiyah before you. This is Muyassir who had asked him (the Imam) what you have asked, and he (the Imam) said that you owe a badanah.’ I then went to see him (the Imam) and said, ‘I pray to Allah to keep my soul in service for your cause, I spoke of your answer to our people and they said that you have used Taqiyah before me. Muyassir had asked you the same question and you had said that there is one badanah. He (the Imam) said, ‘He knew the rules. Did you know the rules?’ I replied, ‘No, I did not know the rules.’ He (the Imam) said, ‘There is nothing on you.’”

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

1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Fadalah abu Ayyub from ‘Umar ibn Aban from ‘Umar ibn Hanzalah who has said the following: “This is concerning my question before abu ‘ Abd Allah (a.s.), about if I marry a woman for one month and she wants all of the mahr (dower) from me, but I am afraid of her acting against me. He (the Imam) said, ‘You cannot withhold the mahr (dower) that is set but when she acts against the terms of marriage then you can take from her what is equal to what she has violated of the mutually agreed conditions.’”

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

2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Sinan from abu Khalid al-Qammat who has said the following: “I once asked abu ‘Abd Allah (a.s.), about a man who involves himself in sexual intercourse with his wife on the day of al-Nahr (day of offering sacrifice) before performing Tawaf of Ziyarat. He (the Imam) said, ‘If he has done so with lust he owes a badanah, without it there is a cow.’ I said, ‘Or a sheep’ and he (the Imam) said, ‘Or a sheep.’”

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 Hafs ibn al-Bakhtariy who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘If something of mahr (dower) remains due on him and he learns that she has a husband, then what she has received belongs to her because of its making his going to bed with her lawful and he can withhold the remaining of mahr (dower).”’

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 Mu‘awiyah ibn ‘Ammar who has said the following: “I once asked abu ‘Abd Allah (a.s.), about a man who is in al-Hajj al-Tamattu‘ (advantageous) and is involved in sexual intercourse with his wife before performing Tawaf of Ziyarat. He (the Imam) said, ‘He must offer Jazur (slaughter a camel), and I am afraid for his al-Hajj becoming invalid if he knows the rules; but if he does not know the rules there is nothing on him.’ I asked him (the Imam) (a.s.), about a man who is involved in sexual intercourse with his wife before performing Tawaf al-Nisa’. He (the Imam) said, ‘He owes one healthy Jazur, but if he does not know the rules there is nothing on him.’ I then asked about a man who has completed Tawaf al-Nisa’ and kisses his wife who has not completed Tawaf al-Nisa’. He (the Imam) said, ‘He owes one animal offering.’”

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

3. Ali ibn Ibrahim has narrated from Salih ibn al-Sindiy from Ja’far ibn Bashir from ‘Umar ibn Aban from ‘Umar ibn Hanzalah who has said the following: “I once said to abu ‘Abd Allah (a.s.), ‘I marry a woman for one month and withhold a certain amount from her mahr (dower). He (the Imam) said, ‘Yes, you can do so for what is equal to her violation of the condition. If the violation is half of the month you can withhold one-half, if it is one-third then withhold one-third.’ Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Ali ibn al-Hakam from ‘Umar ibn Hanzalah from abu ‘Abd Allah (a.s.), has narrated a similar Hadith.”

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

4. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from ‘Is ibn al-Qasim who has said the following: “I once asked abu ‘Abd Allah (a.s.), about a man who is involved in sexual intercourse with his wife after offering sacrifice before Tawaf of Ziyarat. He (the Imam) said, ‘He must offer one animal offering.’”

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

4. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Ishaq ibn ‘Ammar who has said the following: “About the case of a man who marries a woman in the manner of al-Mut‘ah (advantageous marriage) with the condition that she must come to him every day to comply with the condition, or sets a condition to come to him in certain days; but she asks to be excused and does not come to comply with the condition; if it is proper for him to deduct for the days that she did not come and withhold from her mahr (dower) accordingly. To this question from me abu al-Hassan (a.s.), said, ‘Yes, he can consider how much she has violated, then withhold proportionate to what she has not complied, except the days of her Hayd (menses); they are for her and he cannot have what is not lawful for him in matters of going to bed with her.’”

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

5. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Mu‘awiyah ibn ‘Ammar who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘If one performs sexual intercourse with his wife before coming to al-Muzdalifah, he is required to perform al-Hajj in future.’”

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

5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Ahmad ibn ‘Ushaym who has said the following: “Al-Rayyan ibn Shabib wrote to abu al-Hassan (a.s.), asking about a man who marries in the manner of al-Mut‘ah (advantageous marriage) for a certain amount of mahr (dower) for a certain number of days, pays her a part of her mahr (dower) and withholds the rest, then he goes to bed with her and before paying her the rest, learns that she has a husband who lives with her, if it is permissible for him to withhold the remaining of her mahr (dower) or it is not permissible. He (the Imam) wrote, ‘He must not give her anything because of her disobedience to Allah, most Majestic, most Glorious.’”

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

6. A number of our people have narrated from Ahmad ibn Muhammad from Sahl ibn Ziyad from ibn Mahbub from ibn Ri’ab from Humran ibn ‘A’yan who has said the following: “I once asked abu ‘ Abd Allah (a.s.), about a man who is required to perform Tawaf al- Nisa’ alone. He performs five times walking around the House, then he feels trouble in his stomach and fears its getting out of his control; so he goes to his lodging and after relieving himself becomes involved in sexual intercourse with his slave-girl. He (the Imam) said, ‘He must do Ghusl (bath), then go complete Tawaf around the House twice to complete what was left, and ask Allah to forgive him and must not repeat. If he has made three times walking around the House for Tawaf al-Nisa’, then goes and becomes involved in sexual intercourse his al-Hajj is destroyed, he owes one badanah; he takes Ghusl (bath) then goes to perform Tawaf of seven times, walking around the House.”’

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

7. Ibn Mahbub has narrated from ‘Abd al-‘Aziz al-‘Abdiy from ‘Ubayd ibn Zurarah who has said the following: “I once asked abu ‘Abd Allah (a.s.), about a man who performs seven time Tawaf around the House, then performs Sa‘y between al-Safa’ and al-Marwah four times, and feels trouble in his stomach. He then goes to his lodging and relieves himself; then he overwhelms his wife for (sexual intercourse). He (the Imam) said, ‘He must do Ghusl (bath) and return to complete his Sa‘y between al-Safa’ and al-Marwah with another three walking, ask his Lord for forgiveness and there is nothing on him.’ I then asked, ‘What is the rule if he performs obligatory Tawaf around the House, and after the fourth round of walking he feels trouble in his stomach, goes to relieve himself and overwhelms his wife for (sexual intercourse). He (the Imam) said, ‘His al-Hajj is destroyed, he owes one badanah. He must do Ghusl (bath), go back to perform Tawaf of seven times, then perform Sa‘y between al- Safa’ and al-Marwah and ask his Lord for forgiveness.’ I asked, ‘Why is there not anything on him when he performs sexual intercourse with his wife before completing Sa‘y of seven times walking for complete Sa‘y, as he owes one offering because of his sexual intercourse with his wife before completing Tawaf? He (the Imam) said, ‘Tawaf is obligatory and there is Salat (prayer) with it. Sa‘y is of the Sunnah of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause. I then said, ‘Has Allah not said, “Al-Safa’ and al-Marwah are of the reminders of Allah?”’ He (the Imam) said, ‘Yes, He has done so, there are also these words of Allah (to consider), “If one volunteers goodness he will find Allah appreciative and all-Knowing.” Had Sa‘y been obligatory He would not say, “Those who volunteer”.”’

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

8. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Ali ibn Yaqtin who has said the following: “I once asked abu al-Hassan (a.s.), about a man who before Tawaf and Sa‘y between al- Safa’ and al-Marwah and after shaving says to his wife or slave-girl to remove her clothes to one side and he looks at her vagina. He (the Imam) said, ‘There is nothing upon him if there is nothing else besides looking.’”

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