Al-Kāfi 6, record 255 of the digital edition

Shaykh Muḥammad b. Yaʿqūb al-Kulaynī · The Divorces Not According to the Book and Sunnah

Shia · narrations

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2

Arabic text

عَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ عَنِ ابْنِ أَبِي عُمَيْرٍ عَنْ عُمَرَ بْنِ أُذَيْنَةَ عَنْ بُكَيْرٍ وَ غَيْرِهِ عَنْ أَبِي جَعْفَرٍ ( عليه السلام ) قَالَ كُلُّ طَلَاقٍ لِغَيْرِ الْعِدَّةِ فَلَيْسَ بِطَلَاقٍ أَنْ يُطَلِّقَهَا وَ هِيَ حَائِضٌ أَوْ فِي دَمِ نِفَاسِهَا أَوْ بَعْدَ مَا يَغْشَاهَا قَبْلَ أَنْ تَحِيضَ فَلَيْسَ طَلَاقُهَا بِطَلَاقٍ فَإِنْ طَلَّقَهَا لِلْعِدَّةِ أَكْثَرَ مِنْ وَاحِدَةٍ فَلَيْسَ الْفَضْلُ عَلَى الْوَاحِدَةِ بِطَلَاقٍ وَ إِنْ طَلَّقَهَا لِلْعِدَّةِ بِغَيْرِ شَاهِدَيْ عَدْلٍ فَلَيْسَ طَلَاقُهُ بِطَلَاقٍ وَ لَا تَجُوزُ فِيهِ شَهَادَةُ النِّسَاءِ .

Translation

17. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ‘Udhaynah from Bukayr and others who has said the following: “Abu Ja‘far (a.s.), has said, ‘Every divorce without waiting period is not a valid divorce, or divorce during her experiencing Hayd (menses), Nifas (childbirth), after going to bed with her before her Hayd (menses), such divorces are not valid. If one divorces with waiting period more than once the extra one does not have any valid effect. If one divorces with waiting period without just witnesses, it also is not a divorce and women’s witnessing is not sufficient.’”

Translation: Muhammad Sarwar — published with the edition, reproduced verbatim.

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Published assessments

  • Allamah Baqir al-Majlisi

    مرفوع

    Published in Arabic as the scholar wrote it. No reviewed English rendering exists yet.

    Mirʾāt al-ʿUqūl fī Sharḥ Akhbār Āl al-Rasūl (21/104)

  • Shaykh Baqir al-Behbudi

    صحيح

    Published in Arabic as the scholar wrote it. No reviewed English rendering exists yet.

    Ṣaḥīḥ al-Kāfī, vol. 3, p. 99

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  • Authenticity: reported only where a named scholar's published grading exists. SacredTwo never assigns a grade. — Allamah Baqir al-Majlisi; Shaykh Baqir al-Behbudi
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