The Case of Several People Hunting One Prey in the State of al-’ Ihram

1. Ali ibn Ibrahim has narrated from his father from and Muhammad ibn ‘Isma‘il has narrated from al-Fadl ibn Shadhan all from Ibn Abi ‘Umayr and from Safwan ibn Yahya all from ‘Abd al- Rahman ibn al-Hajjaj who has said the following: “I once asked abu al-Hassan (a.s.), about the case of two men who kill one prey while they are in the state of Ihram; if they each pay one ransom or both pay only one ransom. He (the Imam) said, ‘No, each one must pay a penalty for the prey.’ I then said that certain persons of our people asked me about it and I did not know. He (the Imam) said, ‘If you face such a condition and you do not know the answer, you must maintain precaution until you ask about it and learn.’” NOTE:Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from ‘Abd al-Rahman ibn al- Hajjaj a similar Hadith.

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

1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Bashir ibn Hamzah from a man from Quraysh who has said the following: “Once a daughter of my uncle, who was quite wealthy, sent me a message saying, ‘As you know, many men propose marriage to me, but I do not give myself in marriage to anyone and my message to you is not because of my desire for men except it has come to my notice that Allah, most Majestic, most Glorious, has made it lawful in His book and the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, explained it in his Sunnah but Zafar prohibited and I like to obey Allah, most Majestic, most Glorious, on His throne and obey the Messenger of Allah while Zafar has disobeyed. So marry me in the manner of al-Mut‘ah (advantageous marriage).’ I replied, ‘Allow me to visit abu Ja‘far (a.s.), and ask him for his advice.’ I visited him (the Imam) and informed him (the Imam) about it and he (the Imam) said, ‘You can accept her proposal, may Allah grant you blessings as husband and wife.’”

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 Mu‘awiyah ibn ‘Ammar who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘If a group of people together kill a prey while they are in the state of Ihram or eat from its flesh, each one must pay the cost of such prey.’”

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 ‘Isa from Yunus from certain persons of his people who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who marries a woman in the form of al-Mut‘ah (advantageous marriage) for an appointed time and one day she comes to him and says that she has committed fornication just before an hour or day; if he can go to bed with her when she has confessed her committing fornication. He (the Imam) said, ‘It is not proper for him to go to bed with her.’”

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

3. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from al-Hakam ibn Ayman from Yusuf al-Tatariy who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a people who in the state of Ihram eat from the flesh of an animal which is hunted. He (the Imam) said, ‘They owe one sheep and the one who has slaughtered does not owe more than a sheep.’”

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

3. A number of our people have narrated from Ahmad ibn Muhammad from certain persons of his people from Zur’ah ibn Muhammad from Sanaa ‘ah who has said the following: “I once asked him (the Imam) (a.s.), ‘A man goes to bed with a girl (slave-girl) in the manner of al-Mut‘ah (advantageous marriage) and forgets to mention the conditions until he has gone to bed with her; if he must be punished as a fornicator. He (the Imam) said, ‘No, but he can take advantage after forming marriage and ask Allah to forgive him because of what he has done.’”

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

4. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Ali ibn abu Hamzah who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a people who buy an animal which is hunted, and one of their female companions ask them to leave for her something thereof for a dirham. He (the Imam) said, ‘Every human being of them owes a ransom.’”

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

4. Ahmad ibn Muhammad has narrated from certain persons of our people from ‘Umar ibn ‘Abd al-’Aziz ibn ‘Isa ibn Sulayman from Bakkar ibn Kardam who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who meets a woman, then asks her to give herself in marriage in the manner of al-Mut‘ah (advantageous marriage) to him for a month; but does not identify the month. Times pass and he meets her after several years. He (the Imam) said, ‘Had he specified the month he deserved it, if the month was not specified he could not claim anything from her.’”

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

5. A number of our people have narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from abu Wallad al-Hannat who has said the following: “In a group one year we went for Makkah and on the way, once we started a large fire to cook a certain amount of meat, while we were in the state of Ihram; and a bird like a pigeon flapping its wings, flew by and hit the fire. Its wings burnt and it died. We became depressed. I then went to see abu ‘Abd Allah (a.s.), in Makkah, informed him about it and asked about the applicable rule. He (the Imam) said, ‘All of you owe only one sheep as partners because it was without your intentions. Had it been intentional on your part and a prey had fallen in it each one of you would have owed one sheep.’ Abu Wallad has said that it happened before we entered al-Haram (the sacred area).”’

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 certain persons of our people who have said the following: “Abu ‘Abd Allah (a.s.), has said, ‘It is not unlawful for a man to marry a woman in the manner of al-Mut‘ah (advantageous marriage) because of leaving herself at his disposal, but it is necessary to give her something; if anything happens to him she will not inherit his legacy.’”

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

6. Ahmad ibn Muhammad has narrated from al-Hassan ibn Mahbub from Shihab from Zurarah 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 two people who in the state of Ihram hunt and kill an animal. He (the Imam) said, ‘Each one of them owes a ransom.’

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

6. Ali has narrated from his father from certain persons of his people from Ishaq ibn ‘Ammar who has said the following: “I once asked abu al-Hassan, Musa (a.s.), about the case of a man who marries a woman in the manner of al-Mut‘ah (advantageous marriage), then people of her family leap in her case and give her in marriage publicly without her permission. She is a truthful person; if there is a solution to her case. He (the Imam) said, ‘She must not allow her husband to approach her until the condition (of al-Mut‘ah (advantageous marriage)) and her waiting period is over/ I then said, ‘Her condition is for one year and her husband and her family do not wait for her/ He (the Imam) said, ‘Her first husband must feel fear of Allah and give up to her as charity the remaining of the time when she is being troubled. It is peace time and believing people live with Taqiyah (conceal their belief)/ I then said, ‘He has given such charity and her waiting period is also complete; now what she must do?’ He (the Imam) said, ‘She, in private, can say to him that her family had lept in her case and had given her in marriage to him without her permission, command and instructions and that now she agrees, so he must allow to solemnize the marriage all over again in a correct manner between the two of them/”

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

7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Mu’ammar ibn Khallad who has said the following: “I once asked abu al-Hassan al-Rida’ (a.s.), about the case of a man who marries a woman in the manner of al-Mut‘ah (advantageous marriage) and then takes her from one town to another town. He (the Imam) said, ‘Another marriage is permissible but this is not permissible/”

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

8. Ali ibn Ibrahim has narrated from his father from Nuh ibn Shu’ayb from Ali ibn Hassan from ‘ Abd al-Rahman ibn al-Kathir who has said the following: “Abu ‘Abd Allah (a.s.), has said that once a woman came to ‘Umar and said, ‘I have committed fornication, so cleanse me/ He commanded to stone her to death ’Amir al-Mu’minin (a.s.), was asked about it and he asked, ‘How did you commit fornication?’ She replied, ‘I was passing through wilderness and I became thirsty severely. I ask an Arab man for water but he refused unless I made myself available for him. When thirst increased and I feared for my life he gave me water and I availed myself for him.’ ’Amir al-Mu’minin said, ‘This is marriage by the Lord of al- Ka’bah.’” (She must have been unmarried so al-Mut‘ah (advantageous marriage) was possible).

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

9. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Ammar ibn Marwan who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who comes to a woman and asks her to marry in the manner of al-Mut‘ah (advantageous marriage) and she agrees with the condition that he can do whatever a wife and a husband do like looking, touching each other and so on, except inserting his private organ into her private organ. Apart from this he can enjoy in whatever way he likes because she is afraid of being disgraced.’ He (the Imam) said, ‘He cannot have anything more than what is stipulated.’”

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

10. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Asbat and Muhammad ibn al-Husayn all from Hakam ibn Miskin from ‘Ammar who has said the following: “Abu ‘Abd Allah (a.s.), once said to Sulayman ibn Khalid and I, ‘I have made al-Mut‘ah (advantageous marriage) unlawful for you from my side as long as you are in al-Madinah because you come very often to me and I am afraid you will be caught and it will be said, “These are companions of Ja’far.’””

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