ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali from ibn Bukayr from Qudamah ibn Za’idah that Abu Jaf'ar (al-Baqir) (as) said: Rasulullah (sw) placed his son Ibrahim in a basket-shaped place in the grave and made the surface into a square shape.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
1. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Yahya al-Azraq who has said the following: “I once asked abu al-Hassan (a.s.), about a man who performs al-Hajj for someone else; if he can perform Tawaf for his relatives. He (the Imam) said, ‘After completing the acts of al-Hajj, he can do whatever he likes/”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad Ahmad ibn Muhammad from Ali ibn Ibrahim has narrated from his father from all from ibn Mahbub from al-‘ Ab has ibn Walid from al-Walid ibn Sabih who has said the following: “About the case of a man who marries a free woman and finds her to be a slave who has disguised herself before him, abu ‘ Abd Allah (a.s.), has said, ‘If the one who has given her in marriage is not one of her masters, the marriage is invalid.’ I then asked, ‘What should he do about mahr (dower) that she has taken?’ He (the Imam) said, ‘If he finds with her something of what he has given to her, he can take it back, but if he does not find then she does not owe him anything. If a guardian has given her in marriage to him he can demand from such guardian what he has paid and her masters can demand from him one-tenth of her price if she is virgin; and if she is not virgin then it is half of one-tenth of her price which has made the marriage lawful.’ He (the Imam) said, ‘She must complete the waiting period for a slave.’ I then asked, ‘What happens if she gives birth to a child?’ He (the Imam) said, ‘Her children from him are free, if marriage is without the permission of the masters.’”
[1]قال الشيخ في التهذيب: قوله عليه السلام:« أولادها منه احرار» يحتمل أن يكون أراد به شيئين احدهما أن يكون الذي تزوجها قد شهد عنده شاهدان أنّها حرة فحينئذ يكون ولدها احرار، الثاني أن يكون ولدها احرارا إذا ردّ الوالد ثمنهم و يلزمه أن يرد قيمتهم.ص 405
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
2. 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: “Abu ‘Abd Allah (a.s.), has said, ‘It is preferable to place two fresh twigs of palm tree with the deceased in the grave, raise the surface of the grave above ground by four inches, sprinkle water on it and then leave it alone.’”
[3]يدل على استحباب الرش و لا خلاف فيه قال في المنتهى: و عليه فتوى العلماء و المشهور في كيفيته أنّه يستحب أن يستقبل الصاب القبلة و يبدأ بالرش من قبل رأسه ثمّ يدور عليه إلى أن ينتهى إلى الرأس فان فضل من الماء شيء صبه على وسط القبر لرواية موسى بن أكيل عن أبي عبد اللّه عليه السلام قال: السنة في رش الماء على القبر أن يستقبل القبلة و يبدأ من عند الرأس الى عند الرجل ثمّ تدور على القبر من الجانب الآخر ثمّ ترش على وسط القبر فذلك السنة. انتهى. و قوله« يخلى عنه» أي لا يعمل عليه شيء آخر من جص و آجر و بناء أو لا يتوقف عنده بل ينصرف عنه و على كل واحد منهما يكون مؤيدا لما ورد من الاخبار في كل منهما.( آت)ص 199
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
2. Muhammad ibn Yahya in a marfu‘ manner has narrated the following: “Abu ‘Abd Allah (a.s.), was once asked about a man who receives a certain amount to perform al-Hajj for another person, but he performs al-Hajj for himself. He (the Imam) said, ‘It is for the owner of the asset.’”
[2]اعلم ان المقطوع به في كلام الاصحاب انه لا يجوز للنائب عدول النية إلى نفسه و اختلفوا فيما إذا عدل النية فذهب أكثر المتأخرين إلى أنّه لا يجزئ عن واحد منهما فيقع باطلا و قال الشيخ بوقوعه عن المستأجر و اختاره المحقق في المعتبر و هذا الخبر يدلّ على مختارهما و طعن فيه بضعف السند و مخالفة الأصول و يمكن حمله على الحجّ المندوب و يكون المراد أن الثواب لصاحب المال.( آت)ص 311
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from his brother al-Hassan from Zur’ah from Sama‘ah who has said the following: “This is concerning my question before him (the Imam); ‘Alayhi al-Salam, about the case of a slave- girl of a people who goes to a tribe other than her tribe and tells that she is free. A man marries her and she gives birth for him. He (the Imam) said, ‘Her children are slaves unless testimony is established to prove that a witness had testified in favor of her being free, then her children cannot be owned; they remain free.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
3. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban from ‘Abd al- Rahman ibn abu ‘Abd Allah who has said the following: “I once asked him (the Imam) (a.s.), about one’s placing his hand over the grave, its significance and why it is done. He (the Imam) said, ‘The Messenger of Allah had done so over the grave of his son after sprinkling water.’ He (the narrator) has said that I then asked, ‘How should I place my hand over the graves of the Muslims?’ He (the Imam) pointed with his hand, placed it on the ground, then raised it while he was facing al-Qiblah (al-Ka‘bah).’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
3. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from certain persons of his people who has said the following: “About a man who receives a certain amount to perform al-Hajj for another person and he does not perform al-Hajj but he dies and leaves nothing behind. Abu ‘Abd Allah (a.s.), has said, ‘If the man hiring himself has performed al-Hajj, it is taken from him to be given to the owner of the asset; but if he has not performed, the reward for performing al-Hajj is written for the owner of the asset.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
3. Ahmad ibn Muhammad has narrated from al-Husayn ibn Sa‘id from ‘Abd Allah ibn Bahr from Hariz from Zurarah who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a slave girl who runs away from her masters, comes to another tribe and claims that she is free. A man in a hurry comes forward, marries her and her master then succeeds to find her out when she has already given birth to children. He (the Imam) said, ‘If he can establish testimony that he has married her as a free woman her children are free, otherwise, he has caused himself a back pain and his children become slaves.’”
[3]قال السيّد- رحمه اللّه-: الأمة إذا ادعت الحرية فتزوجها رجل- على انها حرة سقط عن الزوج الحدّ دون المهر و لحق به الولد و كان عليه قيمته يوم سقط حيا و انما يتم ذلك إذا ادعت كونها حرة الأصل و لم يكن الزوج عالما بحالها او إذا ادعت العتق و ظهر للزوج قرائن أثمرت الظنّ بصدقها فتوهم الحل بذلك او توهم الحل بمجرد دعواها و إلّا فيكون زانيا و يثبت عليه الحد و ينتفى عنه الولد و بالجملة فما تقدم من التفصيل في المسائلة السابقة آت هنا و انما افردها الاصحاب بالذكر لورود بعض النصوص بحكمها على الخصوص و ظاهر الاصحاب القطع بلزوم« بقية الحاشية في الصفحة الآتية»« بقية الحاشية من الصفحة الماضية» المهر هنا و إن كانت عالمة بالتحريم و احتمال العدم قائم و اختلفوا في تقديره بالمسمى او مهر المثل او العشر و نصف العشر كما مرّ و الأخير اصح لصحيحة الوليد و الفضيل و الأظهر أن أولادها حرّ يفكّهم بالقيمة و حكم المحقق في الشرائع تبعا للشيخ بأن الولد يكون رقا و استدلّ بموثقة سماعة و رواية زرارة و ليس فيهما دلالة على رقية الولد مع الشبهة بل الظاهر منهما الحكم برقية الولد إذا تزوجها بمجرد دعواها الحرية و لا ريب في ذلك مع ضعف الروايتين اما الأولى فبالاضمار و اشتماله على الواقفية و اما الثاني فبان في طريقها عبد اللّه بن بحر و هو ضعيف.( آت)ص 405
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
4. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ibn ’Udhaynah from Zurarah from who has said the following: “Abu Ja‘far (a.s.), has said, ‘The Messenger of Allah would do something over the grave of the people from the tribe of banu Hashim and he would not do on other Muslims’ graves. After performing Salah (prayer) for a deceased from banu Hashim, sprinkling water over his grave, he would place his hand over the grave while his fingers pressed in the clay. Strangers or travelers who came in the town and saw a new grave with marks of the fingers of the Messenger of Allah on it could tell that someone from banu Hashim has died. They would ask, ‘Who from the family of Muhammad, O Allah grant compensation to Muhammad and his family worthy of their services to Your cause, has died?”’
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4. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Muhammad ibn Sama‘ah from ‘Abd al-Hamid from Muhammad ibn Muslim who has said the following: “This is concerning my question before abu Ja‘far (a.s.), about the case of a man who proposes marriage to a man for his daughter for a certain amount of mahr (dower) but in the night of their going to bed he sends his other daughter who is from a slave-girl. He (the Imam) said, ‘He returns her to her father who must send his wife to him and her mahr (dower) is on her father.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
5. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad ibn ‘Isa who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘One day my father during his illness said to me, ‘Son, call certain people from Quraysh and people of al-Madinah, so I can appoint them as witness.’ I then called a number of people. He said, ‘O Ja‘far, when I die, give Ghusl (bath) to me, place me in the shroud, raise the surface of my grave by four fingers above the ground and sprinkle water on it.’ When they left I asked, ‘Father, had you commanded me, I would have done all these things. Why did you decide to call these people to be witnesses?’ He said, ‘My son I did it so no one will raise any disputes against you.’”
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5. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz from Muhammad ibn Muslim who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who proposes marriage to a man for his daughter for a certain amount of mahr (dower) but he sends someone other than her. He (the Imam) said, ‘The one identified in marriage must be sent to him with mahr (dower) paid by her father and the mahr (dower) which was set first belongs to the woman with whom he has gone to bed.”’
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
6. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from certain persons of his people who has said the following: “About spraying water on the grave abu ‘Abd Allah (a.s.), has said, ‘Suffering is withdrawn from it as long as the moisture exists.’”
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7. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn Sinan from Talhah ibn Zayd who has said the following: “Abu ’Abd Allah (a.s.), has said that sprinkling water over a new grave was during the time of the Messenger of Allah.”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali ibn Faddal from ‘Abd Allah ibn Bukayr 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 who is insane or has leprosy and so on. He (the Imam) said, ‘He is responsible for mahr (dower).”’
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8. Ali ibn Ibrahim has narrated from his father from Hammad ibn ‘Isa from Hariz from Zurarah from who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘When you complete the grave sprinkle water on it, then place your hand near the head of the deceased and depress your hand on it after sprinkling water.”’
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8. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from abu Jamilah from Zayd al-Shahham who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘Marriage of a woman with illness of al-Bars (albino), insanity and leprosy is revoked and invalid.’ I asked about a blind. He (the Imam) said, ‘No, it does not apply to her.’”
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9. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad from more than one person from Aban from ‘Abd Allah ibn ‘Ajalan who has said the following: “Abu Ja’far (a.s.), stood on the grave of one of his followers and said, ‘O Lord, grant company in his loneliness, comfort his fear and settle down with him of your mercy that much which will make him free from want from others except yourself.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
9. Sahl has narrated from Ahmad ibn Muhammad from Rifa’ah who has said the following: “I once asked him (the Imam) (a.s.), about the case of a woman who suffers from al-Bars (albino). He (the Imam) said, ‘’Amir al-Mu’minin (a.s.), issued a judgment, in the case of a woman who was given in marriage by her guardian when she suffered from al-Bars, that she deserves mahr (dower) which must be paid by the one who gave her in marriage. Mahr (dower) is on him because he cheated. If a man marries a woman and a man who does not know about her cheating gives her in marriage he does not owe anything but she must return the mahr (dower) back.’”
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10. Aban has narrated from Muhammad ibn Muslim who has said the following: “Abu Ja‘far (a.s.), has said, ‘Prayers are said when a deceased is placed in his grave and the surface of the grave is raised above the ground by four fingers.’”
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10. Sahl has narrated from Ahmad ibn Muhammad from Dawud ibn Sarhan and Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad from al-Halabiy all who have said the following: About the case of a man who is appointed by a woman to manage her affairs or a relative or a neighbor who does not know about her cheating and he finds her as cheating about a defect which exists in her. He (the Imam) said, ‘She must pay back the mahr (dower) and the one who has given her in marriage does not owe anything.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
11. Muhammad ibn Yahya has narrated from certain persons of our people from Ahmad ibn Muhammad ibn abu Nasr from ’Isma‘il who has that narrated to me abu al-Hassan al-Dallal from Yahya ibn ‘Abd Allah who has said the following: “I once heard abu ‘Abd Allah (a.s.), say, ‘It does not harm the family of a deceased among you to prevent his fear of meeting al-Munkar and al-Nakir (interrogating angels).’ I (the narrator) then asked, ‘How can they do so?’ He (the Imam) said, ‘When the deceased is left alone, the nearest relative is left behind near the deceased who places his mouth near the head of the deceased and calls loudly, ‘O so and so, son of so and so, or daughter of so and so, are you still true to the covenant (belief) with which you departed us. The testimony that states, ‘I testify that only Allah deserves worship, He is one and has no partners and I testify that Muhammad is His servant and Messenger, master of the prophets. I testify that Ali is ’Amir al-Mu’minin (master of the believers) and master of the executors (of the wills of the prophets). I testify that whatever Muhammad (a.s.), has brought from Allah is all true, that death is a truth, resurrection is a truth and that Allah will raise everyone from the grave.’ He (the Imam) said, ‘Al-Munkar then says to Nakir, ‘Allow us to turn away from him; his argument (authoritative statements of his belief) are dictated to him.’”
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11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father from all from al- Hassan ibn Mahbub from Jamil ibn Salih from certain persons of abu ‘Abd Allah (a.s.), who has said the following: “In the case of two sisters who were given (in marriage) as a gift to two brothers and who in the night of going to bed with them each one went to bed with the woman of the other one, abu ‘Abd Allah (a.s.), has said, ‘Each one must pay mahr (dower) because of going to bed and if their guardians had known it and ignored they are liable for payment of mahr (dower). No one of them must go close to his wife until the waiting periods are complete, thereafter, each one can go to her husband according to the first marriage.’ He (the Imam) was asked, ’What happens if they both die before completion of waiting period?’ He (the Imam) said, ‘Their husbands demand for half of mahr (dower) from their (women’s) heir and both men have their shares in the legacy of the dead women.’ It was asked, ‘What happens if both men die and they are in their waiting period?’ He (the Imam) said, ‘They inherit them and they can have half of the mahr (dower) which was assigned and they must complete a waiting period after completing the waiting period before, the second being the waiting period for the death of their husbands.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
12. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban ibn ‘Uthman from ‘ Abd af-Rahman ibn abu ‘ Abd Allah who has said the following: “About the case of a man who marries a woman and finds Qarn or al- ‘Afal (growth of a substance in her vagina that prevents sexual intercourse) with her or whiteness or leprosy, he (the Imam) (a.s.), has said that he can revoke the marriage if he has not gone to bed with her.’”
[1]يدل على ان الدخول يمنع الرد بالعيب و قال الشيخ في التهذيب بعد ايراد هذا الخبر و صحيحة عبد الرحمن الآتية: هذان الخبران المراد بهما إذا وقع عليها بعد العلم بحالها فليس له ردها لان ذلك يدلّ على الرضا فاما إذا وقع عليها و هو لا يعلم بحالها ثمّ علم كان له ردها على جميع الأحوال الا ان يختار امساكها، و الذي يدلّ على ذلك ما قدمناه من الاخبار و تضمنها انه إذا كان دخل بها فلها المهر بما استحل من فرجها فلو لا ان له الرد مع الدخول لما كان لهذا الكلام معنى.ص 408
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13. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn Sinan from ‘Isma’il ibn Jabir who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who looks at a woman, likes her, asks about her and it is said that she is daughter of so and so. He goes to her father and asks him to give his daughter in marriage to him but he gives another woman in marriage to him and she gives birth for him but later he finds out that she is someone other than his daughter; instead she is his slave-girl. He (the Imam) said, ‘He must return the mother to her master and the child is his. The masters of slave-girl must pay the cost and the price of the child to the man because of their cheating the man.’”
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14. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from al-Hassan ibn Mahbub from ibn Ri’ab from abu ‘ Ubaydah who has said the following: “About the case of a man who marries a woman by the approval of her guardian and finds a defect in her after going to bed with her, abu Ja’far (a.s.), has said, ‘If the defect is al-‘Afal, al-Bars (albino), insanity, or ‘Ifda’ (an injury that cuts into her feces and urine passages), one who has an apparent defect and illness, such defective people’s marriage is revoked and they are returned to their families without divorce. The husband demands for mahr (dower) from her guardian who has cheated about her, and if her guardian did not know about it then there is nothing on him (the guardian) and she is returned to her family.’ He (the Imam) said, ‘If the husband receives back what he had given, it belongs to him but if he did not get back anything then there is nothing for him.’ He (the Imam) said, ‘She must complete a waiting period which is for divorce if he has gone to bed with her but if he has not gone to bed with her then she does not need to complete a waiting period.’”
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15. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad ibn ‘Uthaman from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a woman who gives birth because of going to bed with a man out of wedlock and no one except her guardian knows it, if it is proper for him to give her in marriage and remain quiet about it, provided, he has seen her repenting or good deeds. He (the Imam) said, ‘If he does not mention it to her husband and later he (the husband) comes to know it, if he wants to demand her mahr (dower) from her guardian who cheated, he can do so and the mahr (dower) that he had received, he cannot collect it back from her because of marriage and if her husband wants to keep her it is not unlawful.”’
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17. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from al-Hassan ibn Salih who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who marries and finds Qarn in her. He (the Imam) said, ‘She cannot become pregnant, so she is returned to her family and the husband abstains from going to bed with her to return her to her family.’ I then asked, ‘What happens if he has gone to bed with her?’ He (the Imam) said, ‘If he knew about it before going to bed with her then went to bed, he has agreed and if he comes to know it after going to bed then he can keep if he so wishes, or return her and she can have what she has received as mahr (dower).”’
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18. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from abu Ayyub from abu al-Sabbah who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who marries and finds Qarn in her. He (the Imam) said, ‘She cannot become pregnant and her husband cannot go to bed with her, so she is compelled to return to her family and she has no mahr (dower).’ I then asked, ‘What happens if he has gone to bed with her?’ He (the Imam) said, ‘If he knew about it before going to bed with her then went to bed, he has agreed and if he comes to know it after going to bed then he can keep if he so wishes, or return her and she can have what she has received as mahr (dower).”’
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19. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Hisham ibn Salim from Burayd al-Ujliy who has said the following: “This is concerning my question before abu Ja‘far (a.s.), about the case of a man who marries a woman but her sister who is older than her goes to the house of the man, takes away the clothes of his wife, wears them, lies down in her room, moves her away and switches off the light. The girl cannot speak because of shyness. The man comes to the room and goes to bed with her thinking her as his wife and in the morning his wife comes to him saying, ‘I am your wife so and so whom you married and my sister plotted to take away my clothes, sat in my room and removed me from there.’ The man considers it and finds it to be true just as she said. He (the Imam) said, ‘In my view the woman who cheated has no mahr (dower) and she must be punished in the form of punishment for fornication of an unmarried person and her husband must not go to bed with her until waiting period for the cheating is complete and when waiting period is complete he can join his wife.’”
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6. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hammad ibn ‘Uthaman from af-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who marries from a people but finds out that his wife is blind about which he was not informed. He (the Imam) said, ‘Marriage is revoked only because of al-Bars (albino), leprosy, insanity and al-‘Afal (growth of something in woman’s vagina that does not allow sexual intercourse).”’
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
16. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “Abu ‘Abd Allah (a.s.), has said, ‘A woman can be returned because of four things: al- Bars (albino, a form of leprosy), leprosy, insanity and al-Qarn which is al-‘Afal, (growth of a substance in her vagina that prevents sexual intercourse) if he has not yet gone to bed with her, and if so then she cannot be returned.’”