hadith
248
۞
10. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Musa ibn Bakr from Zurarah who has said the following
“Abu Ja‘far (a.s.), was asked about the case of a woman who hears that the man has divorced her but he denies it: if she can stay with him. He (the Imam) said, ‘Yes, because divorce without witness is not a divorce, also divorce without waiting period is not a divorce. It is not lawful to divorce without witnesses and without waiting period that Allah, most Majestic, most Glorious, has commanded to do.’”
مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنْ عَلِيِّ بْنِ الْحَكَمِ عَنْ مُوسَى بْنِ بَكْرٍ عَنْ زُرَارَةَ عَنْ أَبِي جَعْفَرٍ ( عليه السلام ) أَنَّهُ سُئِلَ عَنِ امْرَأَةٍ
سَمِعَتْ أَنَّ رَجُلًا طَلَّقَهَا وَ جَحَدَ ذَلِكَ أَ تُقِيمُ مَعَهُ قَالَ نَعَمْ فَإِنَّ طَلَاقَهُ بِغَيْرِ شُهُودٍ لَيْسَ بِطَلَاقٍ وَ الطَّلَاقُ لِغَيْرِ الْعِدَّةِ لَيْسَ بِطَلَاقٍ وَ لَا يَحِلُّ لَهُ أَنْ يَفْعَلَ فَيُطَلِّقَهَا بِغَيْرِ شُهُودٍ وَ لِغَيْرِ الْعِدَّةِ الَّتِي أَمَرَ اللَّهُ عَزَّ وَ جَلَّ بِهَا .
Similar narrations
- Al-Kāfi #299 “I once asked abu ‘Abd Allah (a.s.), about the case of a woman who claims that her husband has divorced her once in the manner of divorce...
- Al-Kāfi #268 “Abu Ja‘far (a.s.), has said, ‘Divorce which is not according to Sunnah or not with waiting period does not have any valid effect.’ Zurarah...
- Al-Kāfi #291 “Abu Ja’far (a.s.), has said, ‘Divorce does not take place without witnesses, however, going back to one’s wife without witnesses is lawful...
- Al-Kāfi #251 “Abu ‘Abd Allah (a.s.), has said, ‘If one divorces his wife without witnesses it does not become of any valid effect.’”
- Al-Kāfi #291 “Abu Ja’far (a.s.), has said, ‘Divorce does not take place without witnesses, however, going back to one’s wife without witnesses is lawful...
- Al-Kāfi #251 “Abu ‘Abd Allah (a.s.), has said, ‘If one divorces his wife without witnesses it does not become of any valid effect.’”