88. Buying Debt
Mohammed b. al-Fudayl narrated, saying: "I said to al-Rida`, peace be on him: A man bought a debt against a man, and then he went to the owner of the debt (the debtor) and said to him: 'Pay to me what so-and-so has against you, for I have bought it (the doubt) from him.' He (al-Rida) said: 'He (debtor) should pay to him what he has paid to the owner of the debt (the creditor); he against whom the money is is free from all what has remained against him.'
2"
____________
1. Tafsir al-Ayyashi, vol. 1, p. 155. Wasa'il al-Shia, vol. 13, p. 91.
2. Furu al-Kafi, vol. 1, p. 355.
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89. The Debtor should not be oppressed
'Ali b. Isma'ïl reported on the authority of a man from Syria (al-Sham) that he (the man) asked al-Rida`, peace be on him, about a man against whom there was a heavy debt, who associated with the people, whom was entrusted (with money), and who bought surplus food and drink is it lawful for him (to do that) or not? 'There is no harm in what he eats,' the Ima`m, peace be on him, answered.
1"
The surface meaning of the tradition is that the creditor should not straiten the debtor even if he is able to buy his food requirements.
90. Employing Worker before Specifying his Wage is Reprehensible
Sulayman b. Ja'far al-Ja'fari narrated, saying: "I was with al-Rida, peace be on him, for a certain need. When I wanted to go home, he said to me: 'Go and spend the night with me.' So I went with him. When he entered his house, he saw his retainers carrying mud. There was a black man among them. 'Who is that man among you?' he asked them. 'He is helping us, and we will give him something,' they replied. 'Did you specify his wage?' he asked. 'No,' they answered, 'he is satisfied with what you will give to him.' He became so angry that I said to him: 'May I be your ransom, why have you become angry?' 'I ordered them several times that if one wanted to work with them, they should specify his wage,' he replied, 'know that if one works for you without fixing his wage and you give him three folds of it, I think that you have decreased it. If you define his wage and give it to him, he will thank you for honesty. If you increase him something, he will thank you for it and know that you have increased him.'
2"
One of the good acts of Islamic legislation is that you should specify the worker's wage before you let him work. If you do not specify it, he will not be satisfied with whatever you give to him, and this brings about quarrel and dispute.
____________
1. Al-Thadhib, vol. 2, p. 61. Wasa'il al-Shia, vol. 13, p. 115.
2. Furu' al-Kafi, vol. 1, p. 414. Wasa'il al-Shia, vol. 13, p. 245.
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91. Rent does not invalidate Selling Property
Yunus reported, saying: "I wrote to al-Rida`, peace be on him, to ask him about a man who accepted a land or other than that from a man for some known years. Then the owner of the land wanted to sell his land before the termination of the fixed years¾does the tenant have the right to prevent him from that? 'He (the land owner) has the right to sell it if he had made it a condition on him,' he, peace be on him, answered.
1 "
The owner is not objected when he wants to sell his rented property, but he should inform the tenant of that. He can sell it to him without an interest until the rent terminates. If he does not inform him of that, he (the tenant) has the stipulated right of cancellation.
92. Revoking Grant before Receiving it
Safwan b. Yahya narrated, saying: "I asked al-Rida, peace be on him, about a man who had property and he granted it to his eldest son. The man mentioned to him the property which he had against him, so he said: There is nothing of it against you in this world and the next (namely, he granted it to him)¾is it permissible for him to do that while he had granted it (the property) to his son? 'Yes,' he answered 'it is permissible to him to grant it to him, and then he revokes (it) and gives it to another son.'
2 "
Surely it is permissible to revoke grant before it is received; and it is one of the permissible contracts which one can revoke. As for grant given to womb relatives, it is obligatory after receiving not before it.
93. A Magian orders his Wealth to be given to the Poor
Abu Talib 'Abd Allah b. al-Salt reported, saying: "Al-Khalïl b. Hashim wrote to Dhu al-Ri'asatayn , the governor of Nisabur, that a
____________
1. Wasa'il al-Shia, vol. 13, p. 267.
2. Al-Tahdhib, vol. 2, p. 378.
3. Al-Fadl b. Sahl, nicknamed Dhu al-Ri'asatayn ( the man with two offices because
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Magian ordered some of his wealth to be given to the poor. When he died, the judge of Nisabur took it and divided it among the poor Muslims. So al-Khalïl wrote to Dhu al-Ri'asatayn about that, and he asked al-Ma'mun about that, and he said: 'I have nothing concerning that.' So he asked Abu al-Hasan, and he said: 'The Magian did not order his wealth to be given to the poor Muslims, so he (the judge of Nishabur) should take an amount of money from the alms equal to that amount and distribute it among the poor Magians.'
1"
A narration similar to this has been reported by 'Ali b. Ibra`hï~m on the authority of Ya`sir al-Kha`dim, who said: "From Nisa`bu`r he wrote to al-Ma'mu`n that a Magian was about to die and ordered his great wealth to be divided among the miserable and the poor, but the judge of Nisha`bu`r distributed it among the poor Muslims, so al-Ma'mu`n asked al-Rida`: 'What do you say about that?' 'The Magian did not give (his wealth) as alms to the poor Muslims,' answered al-Rida`, peace be on him, 'so write to him to specify an amount from the alms of the Muslims equal to that amount and give it as alms to the poor Magians.'
2 "
94. A Muslim Woman orders two Beds to be given to the Christians
Al-Rayyan b. Shabïb (b. al-Salt) reported, saying: "Marida ordered two beds to be given to a group of the Christians, so our companions said: 'Divide them among your believing companions.' So I asked al-Rida`, peace be on him, and said to him: My sister ordered (two beds) to be given to a group of the Christians, and I wanted to divide them among a group of our Muslim companions, so he, peace be on him, replied: 'Carry out the will as you had been ordered, for Allah, the Exalted, says:
Whoever then alters it after he has heard it, the sin of it then is only upon those who alters it.'
3 "
____________
he was in the charge of the military and civil administration under the Caliphate al-Ma'mun.
1. Fur' al-Kafi, vol. 2, p. 238. Wasa'il al-Shia, vol. 13, p. 415.
2. Wasa'il al-Shia, vol. 13, p. 415.
3. Furu' al-Kafi, vol. 2, p. 238.
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95. The Orphan should take his Wealth when he becomes Adult
Sa'd b. Isma'ïl narrated on the authority of his father, who said: "I asked al-Rida, peace be on him, about the guardian of the orphans: He orders his orphans to take their properties when they become adult, but they refuse to accept them, what shall he do? 'He should return their properties to them and force them to take them,' he answered.
1"
When the orphan becomes adult, then the guardian has no power over him. He should take his wealth; and if he refuses to take it, then the legal judge should force him to accept it.
96. A Man orders a Share of his wealth to be given to the Imam
Safwan and Ahmed b. Mohammed b. Abu Nasr reported, saying: "We asked al-Rida`, peace be on him, about a man who ordered a share of his wealth to be given to him, and we did not know what the share was, and he, peace be on him, said: 'Have you anything of what you heard from Ja'far and Abu` Ja'far?' 'We have not heard our companions say anything about this (matter) on the authority of your fathers,' we replied. So he retorted: 'The share is one per eight (shares, i.e. one-eighth), until he mentioned these words of Him the Exalted:
Alms are only for the poor and the needy, and the officials (appointed) over them, and those whose hearts are made to incline (to truth) and the (ransoming of) the captives and those in debts and in the way of Allah and the wayfarer.' Then he knitted the eight fingers of his hand and said: 'Likewise, Allah's Messenger, may Allah bless him and his family, divided it into eight shares; therefore, it is one-eighth.'
2 "
97. A Man orders a Sword to be given to a Man
Ahmed b. Mohammed b. Abu Nasr narrated on the authority of Abu Jamïla, on the authority of al-Rida, peace be on him, saying: "I
____________
1. Wasa'il al-Shia, vol. 13, p. 436.
2. Ibid., p. 438.
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asked him (al-Rida) about a man who ordered a man to be given a sword in a sheath inlaid with jewels, but the inheritors said to him: 'Only the blade belongs to you, and the sword does not belong to you.' So he, peace be on him, said: 'No, rather the sword and what it includes (belongs to him).'
1 "
98. The Precept of Will concerning Disowning a Child
Sa'd b. Sa'd reported, saying: "I asked him (al-Rida`), peace be on him: 'A man claimed that he had a boy. The man disowned the boy and excluded him from the inheritance, and I am his executor, then how shall I do?' He, peace be on him, answered: 'The boy belongs to him because of his confession in the presence of the people; the executor does not turn him away from anything which he has known.'
2 "
Surely when the man confesses that the child belongs to him, then it is incumbent on him to take care of him; and he has no right to disown him.
99. Good Wife
Safwan b. Yahya narrated on the authority of Abu al-Hasan al-Rida, peace be on him, who said: "The servant gains nothing more useful than a good wife; when he sees her, she pleases him; and when he is absent from her; she keeps him regarding herself and his property. "
100. It is Permissible to marry a Woman along with the Slave-wife of her Father
Ahmed b. Mohammed b. Abu Nasr reported on the authority of Abu al-Hasan al-Rida, peace be on him, saying: "I asked him about a man who married a woman and married the slave-wife of her father,
____________
1. Man la Yahdarahu al-Faqih, vol. 2, p. 282.
2. Wasa'il al-Shia, vol. 13, p. 476.Man la Yahdarahu al-Fiqih, vol. 2, p 282.
3. Wasa'il al-Shia, vol. 14, p. 22.
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and he, peace be on him, answered: 'There is no harm in that.' Then I said: We have been informed on the authority of your father that 'Ali b. al-Husayn, peace be on him, married the daughter of al-Hasan b. 'Ali, peace be on him, and the slave-wife (
umm walad) of al-Hasan, so he said: 'It is not as you say; 'Ali b. al-Husayn married the daughter of al-Hasan and the slave-wife of 'Ali b. al-Husayn, the one who was killed in your country.'
1 "
101. It is Reprehensible for a Woman to marry an Ill-natured Man
Al-Husayn b. Bashshar al-Wasiti narrated, saying: "I wrote to Abu al-Hasan al-Rida, peace be on him: An ill-natured man from among my relatives has proposed (to marry my daughter), and he replied: 'Do not marry (her to) him if he is an ill-natured man.'
2 " This prohibition is explained as reprehensible not as unlawful.
102. Marriage at Night
Al-Hasan b. 'Ali al-Washsha' reported on the authority of Abu al-Hasan al-Rida, peace be on him, saying: "I heard him (al-Rida`) say concerning marriage: 'It is an act of the Sunna is that marriage should be at night, for Allah has made night for rest; and women have been (made) for rest.'
3
103. Giving Food at Marriage
Al-Hasan b. 'Ali al-Washsha' narrated on the authority of Abu al-Hasan al-Rida, peace be on him, saying: "I heard him (al-Rida`) say: 'When Allah's Apostle, may Allah bless him and his family, proposed to marry Amina, daughter of Abu Sufyan, and married her, he called for food, and then he said: 'Surely, one of the practices (
sunan) of the messengers is giving food at marriage.'
4 "
____________
1. Furu' al-Kafi, vol. 2, p. 15.
2. Man la Yahdarahu al-Faqih, vol. 2, p. 131.
3. Wasa'il al-Shia, vol. 14, p. 62.
4. Furu' al-Kafi, vol. 2, p. 26.
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104. Looking at the Hair of unrelated Woman is Prohibited
He (al-Rida), peace be on him, said in what he wrote to Mohammed b. Sinan, as answer to his question: "Looking at the hair of married and single women is forbidden, for it excites men, and this excitement leads to corruption and committing the unlawful; likewise, (it is forbidden to look at those things) like hair except what Allah, the Most High, has said:
And (as for) women advanced in years who do not hope for marriage, it is no sin for them if they put off their clothes without displaying their ornaments, namely other than the garment; there is no harm in looking at the hair of the like of them.'
1"
105. Looking at the Hair of Sister-in-law is not Permissible
Ahmed b. Mohammed b. Abu` Nasr reported on the authority of al-Rida`, peace be on him, saying: "I asked him (al-Rida`): is it permissible for a man to look at the hair of his sister-in-law? 'No,' he replied, 'except when she is one of the women advanced in years.' Then I asked him: Are his sister-in-law and unrelated woman the same? 'Yes,' he answered.
2"
106. A Person claims that he has married a Woman
'Abd al-'Azïz b. al-Muhtadi narrated, saying: "I asked al-Rida`, peace be on him: May I be your ransom, my brother died and I married his wife, but my uncle came and claimed that he had married her secretly; so I asked her about that and she strongly denied it, and then she said: 'There was nothing between me and him.' Hence he, peace be on him, replied: 'Her confession binds you (to believe her), and her denial obligates him (to say the truth).'
3 " This means that the truth was what the woman said, and her denying the right of the uncle was valid.
____________
1. Al-Wasa'il.
2. Ibid.
3. Qurb al-Isnad, p. 160.
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107. Marriage Contract with the Intention of Joke is invalid
Ibn Abu Nasr reported on the authority of al-Mashriqi, on the authority of Imam al-Rida, peace be on him. He said: "I asked him (al-Rida`): What do you say about a man who claimed that he proposed to marry a woman with (the intention of) joke, and that he asked her about that and she replied, 'Yes,'? So he answered: 'It is nothing.' I asked: 'It is lawful for the man to marry her?' 'Yes,' he replied.
1"
108. It is Permissible for Son to marry the Daughter of his Father's Slave-wife
'Ali b. Idrïs narrated, saying: "I asked al-Rida, peace be on him: I had a slave-wife; I had a sexual intercourse with her. Then I emancipated her and she gave birth to a slave-girl. Is it lawful for my son to marry her? 'Yes,' he answered, 'before and after the sexual intercourse.'
2"
109. It is unlawful to marry two Sisters at the same Time
Ahmed b. Mohammed b. Abu` Nasr reported on the authority of al-Rida`, peace be on him, saying: "I asked him (al-Rida`): 'A husband has a wife, is it lawful for him to marry her sister as a fixed term marriage (
mutt'a)?' 'No,' he answered.
3 "
It is not permissible to marry two sisters at the same time, whether the marriage contract is temporary or permanent, but if his first wife dies or he divorces her irrevocably and the
'idda terminates, then it is permissible for him to marry her sister.
____________
1. Furu'al-Kafi, vol. 2, p. 77.
2. Al-Tahdhib, vol. 2, p. 240.
3. Wasa'il al-Shia, vol. 14, p. 367.
4. Idda is the pescribe period waiting after the dissolution of marriage during which a widow or a divorce woman may not arrange anothe fixed-term or parmanent marriage. Its purpose is to leave no doubt the paternity of a child born after the dissolution of the marriage.
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110. It is Lawful to marry Midwife
Ahmed b. Mohammed b. Abu` Nasr narrated on the authority of Ima`m al-Rida`, peace be on him, saying: "I asked him (al-Rida`): 'A midwife helped a woman with childbirth, and the woman gave birth to a boy, is it lawful for the boy to marry the midwife of his mother?' 'Glory belongs to Allah,' he replied, 'What of that is unlawful for him?'
1"
111. Contracting a Fixed-term Marriage with a dhimmi2 Woman
Al-Hasan al-Taflïsi reported on the authority of al-Rida, peace be on him, saying: "I asked him (al-Rida`): 'Is it permissible for a Muslim to marry a Jewish or a Christian woman for a fixed term marriage?' 'He can marry the believing, free woman for a fixed term marriage, while she is more sacred than her,' he answered.
3
112. If Wife becomes a Muslim
Ahmed b. Mohammed b. Abu Nasr narrated on the authority of al-Rida, peace be on him, saying: "I asked al-Rida`: 'A man has a Christian wife and she has become a Muslim, is it lawful for her to reside with him?' 'If she becomes a Muslim, it is not lawful for her to reside with him,' he replied.
4 "
113. Choosing Trustworthy Woman
In a tradition Mohammed b. Isma`'ï~l reported on the authority of al-Rida`, peace be on him, who said: "You should marry no woman except a trustworthy one, for Allah, the Great and Almighty, says:
The fornicator shall not marry any but a fornicatress or idolatress, and (as for) the fornicatress, none shall marry her but a fornicator or an idolater; and that is forbidden to the believers.5 "
____________
1. Qurb al-Isnad, p. 17.
2. Dhimm is a non Muslim subject at home.
3. Wasa'il al-Shia, vol. 14, p. 415.
4. Al-Tahdhib, vol. 2, p. 200.
5. Furu' al-Kafi, vol. 2, p. 44.
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114. Man should believe Woman when she denies Husband
Mohammed b. 'Abd Allah al-Ash'ari narrated, saying: "I asked al-Rida, peace be on him: 'A man married a woman and imagined that she had a husband, how is he sure of that?' 'If he asks her about a proof (of that),' he replied, 'she will witness that she has no husband.'
1 "
115. Contracting a Fixed-term Marriage with Bond maid
Ahmed b. Mohammed b. Abu Nasr reported on the authority of al-Rida`, peace be on him, saying: "I asked him (al-Rida`): 'Is it permissible for a Muslim to marry a bond maid for a fixed-term marriage with the permission of her family? 'Yes,' he answered, 'for Allah, the Great and Almighty, says:
So marry them with the permission of their families.'
2 "
116. The 'Idda3 of Mutt'a
Ahmed b. Mohammed b. Abu Nasr narrated on the authority of Abu al-Hasan al-Rida, peace be on him, who said: [Abu Ja'far said:] "The 'idda of mutt'a is forty-five days, and the precaution is forty-five nights.
4"
117. The Period of Mutt'a
Ahmed b. Mohammed b. Abu Nasr reported on the authority of Abu al-Hasan al-Rida, peace be on him, saying: "I asked him (al-Rida`): 'Is it permissible for a man to marry a woman for one year or more or less?' 'If it is a fixed thing for a fixed period.' 'Does it terminate without divorce?' I asked him. 'Yes,' he replied. "
____________
1. Al-Tahdhib, vol. 2, p. 187.
2. Tafsir al-'Ayyashi, vol. 1, p. 134.
3. See note on 109.
4. Furu' al-Kafi, vol. 2, p. 45.
5. Ibid.
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118. No Inheritance in Mutt'a
Ahmed b. Mohammed b. Abu Nasr narrated on the authority of Abu al-Hasan al-Rida, peace be on him, who said: "Mutt'a is a marriage with or without inheritance. If you make it a condition, then there is (an inheritance); and if you do not make it a condition, then there is no (inheritance).
1 "
119. Moving the Woman of Fixed-term Marriage from one City to another
Mu'ammar b. Khallad reported, saying: "I asked Abu al-Hasan al-Rida, peace be on him: 'Is it permissible for a man to move the woman of a fixed term marriage from one city to another?' 'It is permissible in the other marriage,' he answered, 'but it is not permissible in this (marriage).
3 "
This tradition is a proof of that it is permissible to move her from one city to another; there is no objection in that.
120. It is Lawful for the Wife to grant her Female Slave to her Husband
Isma'ïl b. Buzaygh narrated, saying: "I asked al-Rida`, peace be on him, about a wife who granted her female slave to her husband, and he replied: 'That is up to him.' 'If he feared that she was joking?' I asked him. 'If he knew that she was joking, then no,' he answered.
3 "
121. It is Permissible for the man to take Grant from his Salve-wife
Isma'ïl b. Buzaygh reported, saying: "I asked al-Rida`, peace be on him, about a man who took from his slave-wife what he had granted to her such as servants and provisions Is permissible for him to do that? 'Yes,' he replied, 'if she was his slave-wife.'
4 "
____________
1. Ibid., p. 47.
2. Wasa'il al-Shia, vol. 14, p. 494.
3. Man la Yahdarahu al-Fiqih, vol. 2, p. 147.
4. Al- Tahdhib, vol. 2, p. 309.
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122. Giving Dower more than that in the Sunna
Al-Washsha' narrated on the authority of al-Rida, peace be on him, saying: "I heard him (al-Rida) say: 'If a man married a woman and appointed her dower as twenty-thousand (dirhams) and appointed for her father ten thousand (dirhams), the dower would be permissible, and what he appointed for her father would be void.'
1" As for that which he appointed for her father, it was part of the dower and he was not worthy of it, for this reason it was invalid.
123. A Precept for him who stipulates that he and his Wife should not inherit each other
Sa'd b. Isma'ïl reported on the authority of his father, who said: "I asked al-Rida, peace be on him, about a man who married a woman and had stipulated that they should not inherit one another, and that he should not ask her for a child; and he, peace be on him, answered: 'I do not like (that).'
2 " The narration is a proof of that this condition is not obligatory; and it is not obligatory for one to fulfill it.
124. Congratulation on Child on the seventh Day
Al-Husayn b. Kha`lid narrated, saying: "I asked Abu` al-Hasan al-Rida`, peace be on him, about the congratulation on a child¾when will it be? 'When al-Hasan b. 'Ali, peace be on him, was born,' he replied, 'Gabriel came down to Allah's Messenger to congratulate him on the seventh day; and he ordered him to give him a name and a kunya, to shave his hair, to sacrifice a ram on his behalf, and to pierce his ear. Likewise, when al-Husayn was born, he (Gabriel) came down to him on the seventh day and ordered him to do the same.'
3"
____________
1. Furu' al-Kafi, vol. 2, p. 23.
2. Wasa'il al-Shia, vol. 15, p. 51.
3. Furu' al-Kafi, vol. 2, p. 90.
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125. The Period of Suckling Baby
Sa'd b. Sa'd al-Ash'ari reported on the authority of Abu` al-Hasan al-Rida`, peace be on him, saying: "I asked him about baby¾is it permissible for it to suck more than two years? 'Only two years,' he answered. 'If it sucks more than two years, then is there anything of that against its parents?' I asked. 'No,' he replied.
1 "
126. Preferring a Child to the rest of the Children
Sa'd b. Sa'd al-Ash'ari narrated, saying: "I asked Abu` al-Hasan al-Rida`, peace be on him: 'Is it permissible for a man to love a child more than the rest of the children and prefer him to them?' 'Yes,' he replied, 'Abu` 'Abd Allah, peace be on him, did that when he gave a gift to Mohammed; and Abu` al-Hasan did that when he gave something to Ahmed; and I stood up and gave it to him.' Then I asked: 'What about the man who loves his daughters more than his sons?' 'The daughters and sons are the same,' he answered, 'they are equal in the view of Allah, the Great and Almighty.'
2 "
