the Life of Imām 'ali Bin Mūsā Al-ridā

100. It Is Permissible To Marry A Woman Along With The Slave Wife Of Her Father ===============================================================================

100. It is Permissible to marry a Woman along with the Slave-wife of her Father

Ahmed b. Mohammed b. Abū Nasr reported on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I asked him about a man who married a woman and married the slave-wife of her father,

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. Bashshār al-Wāsiti narrated, saying: "I wrote to Abū al-Hasan al-Ridā, 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-Washshā' reported on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I heard him (al-Ridā) 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-Washshā' narrated on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I heard him (al-Ridā) say: 'When Allah's Apostle, may Allah bless him and his family, proposed to marry Āmina, daughter of Abū Sufyān, 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] Furū' al-Kāfi, vol. 2, p. 15.
[2] Man lā Yahdarahū al-Faqih, vol. 2, p. 131.
[3] Wasā'il al-Shi'a, vol. 14, p. 62.
[4] Furū' al-Kāfi, vol. 2, p. 26.

104. Looking at the Hair of unrelated Woman is Prohibited

He (al-Ridā), peace be on him, said in what he wrote to Mohammed b. Sinān, 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. Abū Nasr reported on the authority of al-Ridā, peace be on him, saying: "I asked him (al-Ridā): 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-'Aziz b. al-Muhtadi narrated, saying: "I asked al-Ridā, 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-Wasā'il.
[2] Ibid.
[3] Qurb al-Isnād, p. 160.

107. Marriage Contract with the Intention of Joke is invalid

Ibn Abū Nasr reported on the authority of al-Mashriqi, on the authority of Imām al-Ridā, peace be on him. He said: "I asked him (al-Ridā): 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. Idris narrated, saying: "I asked al-Ridā, 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. Abū Nasr reported on the authority of al-Ridā, peace be on him, saying: "I asked him (al-Ridā): '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 [4] terminates, then it is permissible for him to marry her sister.

[1] Furū' al-Kāfi, vol. 2, p. 77.
[2] Al-Tahdhib, vol. 2, p. 240.
[3] Wasā'il al-Shi'a, vol. 14, p. 367.
[4] 'Idda is the prescribed period of waiting after the dissolution of marriage during which a widow or a divorced woman may not arrange another fixed-term or permanent marriage. Its purpose is to leave no doubt about the paternity of a child born after the dissolution of the marriage.

110. It is Lawful to marry Midwife

Ahmed b. Mohammed b. Abū Nasr narrated on the authority of Imām al-Ridā, peace be on him, saying: "I asked him (al-Ridā): '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 dhimmi [2]Woman

Al-Hasan al-Taflisi reported on the authority of al-Ridā, peace be on him, saying: "I asked him (al-Ridā): '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. Abū Nasr narrated on the authority of al-Ridā, peace be on him, saying: "I asked al-Ridā: '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. Ismā'il reported on the authority of al-Ridā, 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-Isnād, p. 17.
[2] Dhimmi is a non Muslim subject at home.
[3] Wasā'il al-Shi'a, vol. 14, p. 415.
[4] Al-Tahdhib, vol. 2, p. 200.
[5] Furū' al-Kāfi, vol. 2, p. 44.

114. Man should believe Woman when she denies Husband

Mohammed b. 'Abd Allah al-Ash'ari narrated, saying: "I asked al-Ridā, 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. Abū Nasr reported on the authority of al-Ridā, peace be on him, saying: "I asked him (al-Ridā): '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 'Idda [3] of Mutt'a

Ahmed b. Mohammed b. Abū Nasr narrated on the authority of Abū al-Hasan al-Ridā, peace be on him, who said: [Abū 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. Abū Nasr reported on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I asked him (al-Ridā): '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.[5]"

[1] Al-Tahdhib, vol. 2, p. 187.
[2] Tafsir al-'Ayyāshi, vol. 1, p. 134.
[3] See note on 109.
[4] Furū' al-Kāfi, vol. 2, p. 45.
[5] Ibid.

118. No Inheritance in Mutt'a

Ahmed b. Mohammed b. Abū Nasr narrated on the authority of Abū al-Hasan al-Ridā, 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. Khallād reported, saying: "I asked Abū al-Hasan al-Ridā, 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).[2]"

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

Ismā'il b. Buzaygh narrated, saying: "I asked al-Ridā, 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

Ismā'il b. Buzaygh reported, saying: "I asked al-Ridā, 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] Wasā'il al-Shi'a, vol. 14, p. 494.
[3] Man lā Yahdarahū al-Faqih, vol. 2, p. 147.
[4] Al-Tahdhib, vol. 2, p. 309.

122. Giving Dower more than that in the Sunna

Al-Washshā' narrated on the authority of al-Ridā, peace be on him, saying: "I heard him (al-Ridā) 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. Ismā'il reported on the authority of his father, who said: "I asked al-Ridā, 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. Khālid narrated, saying: "I asked Abū al-Hasan al-Ridā, peace be on him, about the congratulation on a child when 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] Furū' al-Kāfi, vol. 2, p. 23.
[2] Wasā'il al-Shi'a, vol. 15, p. 51.
[3] Furū' al-Kāfi, vol. 2, p. 90.

125. The Period of Suckling Baby

Sa'd b. Sa'd al-Ash'ari reported on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I asked him about baby is 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 Abū al-Hasan al-Ridā, 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, 'Abū 'Abd Allah, peace be on him, did that when he gave a gift to Mohammed; and Abū 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]"

127. Keeping Woman in good Fellowship

Abū al-Qāsim al-Fārisi reported, saying: "I said to al-Ridā, peace be on him: May I be your ransom, Allah says in His Book: Then keep (them) in good fellowship or let (them) go with kindness. What does He mean by that? 'As for keeping (them) in good fellowship,' he replied, 'means refraining from harming them and spending on them; and as for letting (them) go with kindness means divorce according to what has been revealed in the Book.'[3]"

128. Spending generously on Family

Mohammed b. 'Ali b. al-Husayn narrated, saying: [Abū al-Hasan al-Ridā, peace be on him, said:] "One should spend generously on his family lest they should wish for his death.[4]"

[1] Ibid., p. 63.
[2] Ibid., 95.
[3] Tafsir al-Qummi, p. 686.
[4] Wasā'il al-Shi'a, vol. 15, p. 249.

129. Divorce lacking Conditions is Invalid

Ahmed b. Mohammed b. Abū Nasr reported on the authority of al-Ridā, peace be on him, saying: "I asked him about a man who divorced his wife with two just witnesses after he had slept with her, and he replied: 'This is not a divorce.' 'How is the divorce of the Sunna?' I asked him. 'He should divorce her (in the presence) of two just witnesses when she is pure from her menstruation and before he sleeps with her,' he answered, 'if he opposes that, he should refer to the Book of Allah, the Great and Almighty.' 'If he divorces her in the presence of one man and two women?' I asked. 'The testimony of women is not permissible in divorce,' he replied.[1]"

130 The Divorce of the Drunk

Zakariya b. Ādam narrated, saying: "I asked al-Ridā, peace be on him, about the divorce of the drunken, the boy, the mad, the one whose reason is overcome, and the one who has not gotten married yet; and he answered: 'It is not permissible.'[1]"

The divorce of these people is not correct. As for the drunk, his divorce is not correct, for he has no awareness. As for the boy and the mad, the pen has been raised from them; therefore their divorce is not correct. As for him who has not gotten married yet, namely has not made a marriage contract with his wife, his divorce is invalid.

131. The Divorce of the Dumb

Ahmed b. Mohammed b. Abū Nasr al-Bizanti reported, saying: "I asked Abū al-Hasan al-Ridā, peace be on him, about a man who has a wife, but he keeps silent and does not speak; and he asked me: 'Is he dumb?' I replied: 'Yes, and I know that he detests and hates his wife is it permissible for his guardian to divorce her on his behalf?' 'No,' he answered, 'but he should write and make (two just witnesses) bear witness to him.' Then I asked him: 'He neither writes nor hears, so how will he divorce her?' 'Through his acts which are recognized

[1] Ibid., p. 276.
[2] Al-Tahdhib, vol. 2, p. 270.

just as you have mentioned concerning his detesting and hating (her),' he replied.[1]"

132. The Correctness of Divorce before those Present

Ahmed b. Mohammed b. Abū Nasr narrated on the authority of Safwān, on the authority of Abū al-Hasan al-Ridā, peace be on him. He (Safwān) said: "He (al-Ridā) was asked about a man whose wife was pure from her menstruation; and he (the man) said: 'So-and-so is divorced;' and a group of people heard his words; but he did not say: 'Bear witness.' Does divorce occur against her? 'Yes,' he (al-Ridā) replied, 'this is a testimony.'[2]"

133. A Three-time Divorce after 'Idda

In his letter to al-Ma'mūn, al-Ridā, peace be on him, said: "When women is divorced three times after 'idda, it is not lawful for her husband to remarry until she marries a husband other than him.[3]"

134. Al-Muhalil [4] should be Adult

'Ali b. al-Fadl al-Wāsiti reported, saying: "I wrote to al-Ridā, peace be on him: 'A husband has divorced his wife with the divorce in which it is not lawful for  him to remarry her until she marries a husband other than him; and a minor has married her?' 'No,' he answered, 'until he becomes of age.' Then I wrote to him: 'What is the period of maturity?' 'According to the periods which Allah has made obligatory on the believers.'[5]"

[1] Man lā Yahdarahū al-Faqih, vol. 2, p. 168.
[2] Furū' al-Kāfi, vol. 2, p. 101. Wasā'il al-Shi'a, vol. 15, p. 302.
[3] Wasā'il al-Shi'a, vol. 15, p. 317.
[4] Al-muhalil is he who marries a divorced woman in order to dismiss her, so that the first husband may marry her again.
[5] Furū' al-Kāfi, vol. 2, p. 103.

135. The Castrated cannot be Muhalil [1]

Mohammed b. Mudārib narrated, saying: "I asked al-Ridā, peace be on him: 'Can the castrated be Muhalil?' 'No, he replied, 'he cannot be Muhalil.'[2]"

136. Witnesses for Returning to Wife

Sa'd b. Sa'd al-Ash'ari reported on the authority of al-Marzbān, who said: "I asked Abū al-Hasan al-Ridā, peace be on him, about a husband who said to his wife: 'Be in 'idda, for I have released you', namely he has divorced her with a divorce including all the pre-conditions.' Some days ago, he made (two just witnesses) bear witness to his returning to her; and then he was absent from her before he slept with her; and then some months after 'idda passed. So how do you order him? He answered: 'If he had made (two just witnesses) bear witness to his returning to her, then she would have been his wife.'[3]"

137. Second Divorce without having Sexual Intercourse

Ahmed b. Mohammed b. Abū Nasr narrated, saying: "I asked al-Ridā, peace be on him, about a man who divorced his wife in the presence of two witnesses, and then he returned to her and did not have a sexual intercourse with her until she became pure from her menstruation, and then he divorced her in purity and in the presence of two witnesses did the second divorce occur against her, while he had returned to her and not taken a sexual intercourse with her? 'Yes,' he replied.[4]"

138. Driving the Woman with Revocable 'Idda out of her House

Al-Ma'mūn asked al-Ridā, peace be on him, about these words of Him, the Great and Almighty: *Do not drive them out of their
*

[1] See the note on al-muhalil.
[2] Wasā'il al-Shi'a, vol. 15, p. 369.
[3] Furū' al-Kāfi, vol. 2, p. 102.
[4] Wasā'il al-Shi'a, vol. 15, p. 378.

houses, nor should they themselves go forth, unless they commit an open indecency, and he answered: 'By the open indecency He meant that she harmed the family of her husband. If she does that, then he has the right to drive her out (of her house) before her 'iddā terminates.'[1]"

139. The Difference between the 'Idda of Divorce and that of Death

 Ahmed b. Mohammed b. Abū Nasr reported on the authority of al-Ridā, peace be on him, saying: "Safwān asked him (al-Ridā) in my presence about a man who divorced his wife and he was absent. Some months ago, and he replied: 'If a proof was established that he divorced her from so-and-so (month) and her 'idda terminated, then it was lawful for her to marry.' He (Safwān) asked: 'What about her whose husband died?' 'This is not similar to that,' he answered, 'this (woman) should start her 'idda from the day when she hears of the news (of his death), for she should mourn.'[2]"

140. If al-Mukhtala'a [3] returns to her Husband

In the tradition of al-Khal', Ismā'il b. Buzaygh narrated on the authority of al-Ridā, peace be on him, who said: "And if she wants him to return to her what he had taken from her and to be his wife, then she can do.[4]" If al-mukhtala'a returns to her husband and takes what she had given to him, then the divorce is revocable, and the husband has the right to return to her.

[1] Furū' al-Kāfi, vol. 2, p. 110.
[2] Qurb al-Isnād, p. 159. Wasā'il al-Shi'a, vol. 15, p. 445.
[3] Al-Mukhtala'a is the woman who pays compensation to her husband in order to divorce her.
[4] Wasā'il al-Shi'a, vol. 15, p. 499.

141. Al-Zahār [1] does not occur due to Anger

Ahmed b. Mohammed b. Abū Nasr reported on the authority of al-Ridā, peace be on him, who said: "*Al-zahār * does not occur because of anger.[2]" Al-zahār is correct when it occurs because of willingness and consent; it is incorrect when husband is angry or forced.

142. Al-Zahār occurs against Bond maid

Ahmed b. Mohammed b. Abū Nasr narrated on the authority of al-Ridā, peace be on him, saying: "I asked him about the man who likened the back of his bond maid to that of his mother (zāhara), and he answered: 'Al-zahār occurs against the free woman and the bond maid.'[3]"

143. Precepts for him who likens the Back of his Wife to that of his Mother

Al-Husayn b. Mahrān asked al-Ridā, peace be on him, about a man who likened the backs of four wives to that of his mother, and he replied: "He should pay a religious expiation on behalf of each of them." Then he asked him about a man who likened the back of his wife and of his slave-wife to that of his mother, and he, peace be on him, answered: "He should pay a religious expiation on behalf of each of them: releasing a slave or fasting two successive months or feeding sixty needy ones.[4]"

144. Abandoning Bond maid for Swearing

Ahmed b. Mohammed b. Abū Nasr reported on the authority of al-Ridā, peace be on him, saying: "I asked him about the man who abandoned his bond maid because of his swearing, and he replied: 'No, why has he abandoned her while she is not divorced?'[5]"

[1] Al-Zahār means putting away the wife by likening her back to that of his mother's back.
[2] Furū' al-Kāfi, vol. 2, p. 128.
[3] Wasā'il al-Shi'a, vol. 15, p. 527.
[4] Ibid.
[5] Qurb al-Isnād, p. 160.

145. Releasing old Salves

Ibn Abū Sa'd al-Imkāri went in to Abū al-Hasan al-Ridā, peace be on him, and said to him: "A man was about to die and he said: 'All my old slaves are free for the pleasure of Allah,' and he (al-Ridā) said: 'Yes, for Allah says in His Book: till it becomes again as an old dry palm branch, so all his slaves who spent sixth months are free and old.'[1]"

146. A Man had anal Sexual Intercourse with his Pregnant Female-slave

Al-Hasan b. 'Ali al-Washshā' narrated on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I asked him (al-Ridā) about a man who had an anal sexual intercourse with his pregnant female-slave, and he answered: 'If he knew what was in the womb of the female-slave, then it had the same rank of her; and if he did not know, then what was in her womb was a slave.' [2]"

The supposed question concerning the female-slave with whom the man had an anal sexual intercourse and to whom he said: 'You are free after my death,' should be as follows: She was made pregnant by someone other than him; otherwise, if she was made pregnant by him, then she was a slave-wife and would be released after his death by her child's share.

147. A Precept for unpromissory Oath

Ismā'il b. Sa'd al-Ash'ari reported on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I asked him about a man who swore (by Allah) to cut the ties of the womb, and he replied: 'Allah's Apostle, may Allah bless him and his family, said: 'There is no vow for an act of disobedience (to Allah), nor is there an oath for cutting the ties of the womb.'[3]"

Oath and vow are promissory when the thing is acceptable; and they are unpromissory when the thing is unacceptable.

[1] Wasā'il al-Shi'a, vol. 40, p. 16.
[2] Furū' al-Kāfi, vol. 6, p. 184.
[3] Ibid., vol. 7, p. 440. Wasā'il al-Shi'a, vol. 16, p. 157.

148. False Oath

 In a tradition Ismā'il b. Sa'd al-Ash'ari narrated on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I asked him about a man whom the ruler (Sultan) made swear by divorce or other than that, and he swore; and he (al-Ridā) replied: 'No blame is put on him.' Then I asked him about a man who swore (by Allah) to save his property from the ruler, and he answered: 'No blame is put on him.' Then I asked him: 'Does one swear (by Allah) (to save) the property of his brother just as he swears (to save) his own property?' 'Yes,' he replied.[1]"

Oath is promissory when one swears by Allah, the Most High. As for oath by divorce without mentioning the name of Allah, it is unpromissory. It is permissible for one to swear by Allah before the unjust ruler in order to drive oppression away from his own soul and his brothers; and there is no religious expiation against him.

149. Hunting Birds at Night is lawful

Ahmed b. Mohammed b. Abū Nasr reported on the authority of al-Ridā, peace be on him, saying: "I asked him about hunting birds in their nests by night, and he answered: 'There is no harm in it.'[2]"

Yunus b. 'Abd al-Rahmān narrated on the authority of al-Ridā, saying: "I asked him: 'May I be your ransom, what do you say about hunting birds in their nests and wild animals in their places by night, for the people hate that?' 'There is no harm in that,' he replied.[3]"

150. Hunting Birds belong to someone

 Ahmed b. Mohammed b. Abū Nasr reported, saying: "I asked Abū al-Hasan al-Ridā, peace be on him, about a man who hunted a bird which equaled many dirhams and whose wings are even; and who knows its owner or its owner comes and asks it from him without any accusation; and he (al-Ridā) answered: 'He has no right to keep it; he

[1] Furū' al-Kāfi, vol. 7, p. 440.
[2] Ibid., vol. 6, p. 215.
[3] Wasā'il al-Shi'a.

should return it to him.' Then I asked him: 'What do you say about a man who hunted a bird whose owner he did not know?' 'It belongs to him (the hunter),' he replied.[1]"

151. Rabithā is Lawful

Mohammed b. Ismā'il narrated, saying: "I wrote to Abū al-Hasan al-Ridā, peace be on him: 'The people have differed over rabithā (a kind of fish), what do you say about it? He, peace be on him, wrote: 'There is no harm in it.'[2]"

152. The Meat of Vulture is Prohibited

Sulaymān b. Ja'far al-Hāshimi, reported, saying: [Abū al-Hasan al-Ridā, peace be on him, related to me:] "One night we visited Ibn Abū Maryam while Hārūn was in Medina, and he said: 'Tonight Hārun has an ache in his waist. We asked someone to send us some meat of a vulture, and he sent it to us.' So he (al-Ridā) said: 'We do not eat such a thing; nor do we bring it to our houses; and if we have such a thing, we will not give it (to anyone).'[3]"

153. Mutton

Sa'd b. Sa'd narrated, saying: "I said to Abū al-Hasan al-Ridā, peace be on him: 'My household eat the meat of goats and do not eat the meat of sheep.' 'Why?' he asked. 'It excites the gallbladder,' they say. 'If Allah had known that there was something better than sheep,' he answered, 'He would have sacrificed it for Ishāq (Isaac).'[4]"

154. Wine is Prohibited

Mohammed b. Ahmed reported on the authority of al-'Amraki, who said: "I said to al-Ridā, peace be on him: Ibn Dāwud said: 'You said that one who drank wine was an unbeliever.' So he (al-Ridā) replied: 'He was right; I said that to him.'[5]"

[1] Furū' al-Kāfi, vol. 6, p. 222.
[2] Al-Tahdhib. Wasā'il al-Shi'a, vol. 16, p. 407.
[3] Al-Tahdhib, vol. 9, p. 20.
[4] Furū' al-Kāfi, vol. 6, p. 310.
[5] Wasā'il al-Shi'a, vol. 17, p. 256.

155. Beer is Prohibited

Mohammed b. 'Īsā narrated on the authority of al-Washshā', who said: "I wrote to him (al-Ridā), peace be on him, to ask him about beer, and he wrote: 'It is prohibited; and it is wine.'[1]"

156. Selling the Pasture within a Personal Property

Ahmed b. Mohammed b. Abū Nasr reported on the authority of Mohammed b. 'Abd Allah, who said: "I asked al-Ridā, peace be on him, about a man who had a productive land which was about twenty miles, and a man came to him and said: 'Give one of the pastures of your land, and I will give you so-and-so dirhams. 'There is no harm in it if the land belongs to him,' he replied.[2]"

157. The nearest Woman inherits Property when there is none except her

Al-Qāsim b. al-Fadl narrated on the authority of al-Ridā, peace be on him, concerning a man who died and left none but his close wife behind him; he (al-Ridā) said: "All the property is given to her.[3]"

158. The Testimony of Women

Mohammed b. al-Fudayl reported, saying: "I asked Abū al-Hasan al-Ridā, peace be on him: 'Is it permissible for women to bear witness to marriage, divorce, and stoning?' He replied: 'It is permissible for women to bear witness to that at which men cannot look and there is no man with them. It is permissible for them to bear witness to marriage when there is a man with them. It is permissible for them to bear witness to the prescribed punishment for fornication when there are three men and two women. As for the testimony of two men and four women regarding fornication or stoning, it is not permissible; and it is not permissible for women to bear witness to divorce or murder.'[4]" 

[1] Ibid., p. 287.
[2] Furū' al-Kāfi, vol. 5, p. 276.
[3] Wasā'il al-Shi'a, vol. 17, p. 480.
[4] Ibid., 18, p. 259.

159. The prescribed Punishment for him who wars against Allah

'Ubayd Allah al-Madā'ini narrated on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "He (al-Ridā) was questioned about these words of Him, the Exalted: The punishment of those who wage war against Allah and His apostle and strive to make mischief in land is only this, that they should be murdered or crucified or their hands and their feet should be cut off on opposite sides or they should be banished from the land. When does one deserve one of these four punishments? He, peace be on him, replied: 'When he wages war against Allah and His apostle and strives to make mischief in the land and kills (someone), he should be murdered. If he kills (someone) and takes (his) property, then he should be murdered and crucified. If he takes the property and does not kill (someone), his hand and his feet should be cut off on opposite sides. If he draws the sword, wages war against Allah and His apostle, strives to make mischief in the land, but he does not kill (someone) nor does he take the property, he should be banished from the land.'[1]"

160. Banishing the anti-Islam Warrior

In the tradition of warrior (hadith al-muhārib) 'Ubayd Allah al-Madā'ini reported on the authority of Abū al-Hasan al-Ridā, peace be on him, saying: "I asked him: 'How is he banished? What is the prescribed punishment for banishing him?'

"He, peace be on him, answered: 'He is banished from the city in which he does what he does, and it is written to the people of that city that the person is banished, so do not sit with him nor deals with him nor marry him nor eat with him nor drink with him. This is done toward him for a year, but if he comes out that city to other than it, then it is written to them in the same manner until the year terminates.' I (the asker) asked: 'If he heads for the land of polytheism

[1] Furū' al-Kāfi, vol. 7, p. 246.

in order to enter it?' 'If he heads for the land of polytheism in order to enter it, then a war should be waged against its people', he answered.[1]"

161. The Blood of a Thief is not protected by the Law

Mohammed b. Fudayl narrated on the authority of al-Ridā, peace be on him, saying: "I asked him (al-Ridā) about a thief who went in to a pregnant woman and killed what was in her womb, hence the woman took a knife, stabbed and killed the thief. So he (al-Ridā) replied: 'The blood of a thief is not protected by  Islamic law.'[2]"

162. Precept for him who helps and kills a person

Mohammed b. Sulaymān and Yunus b. 'Abd al-Rahmān reported, saying: "We asked Abū al-Hasan al-Ridā, peace be on him, about a man whom a group of people asked for help in order to save them from a group of people who attacked them in order to take their properties and capture their children, so the man went out running and carrying his weapon in the dark night. He passed by a man standing by the brink of a well and drinking water out of it. He pushed him unintentionally and without awareness, so the man fell into the well and died. However, the man went on running and saved the properties of those people who asked him for help. When he came back to his family, they asked him: 'What have you done?' 'The people departed from them, and they are safe and sound,' he replied. 'Did you know that so-and-so fell into the well and died?' they asked him. 'By Allah, I pushed him,' he answered. 'How?' they asked. 'I went out running and carrying my weapon in the dark night. I feared that I might miss the people who asked me for help, so I passed by so-and-so who was standing and drinking out of the well. I pushed him without any intention, and he fell into the well and died,' he replied.' Therefore, who should pay blood-money?

[1] Wasā'il al-Shi'a, vol. 18, p. 539.
[2] Man lā Yahdarahū al-Faqih, vol. 4, p. 122. Wasā'il al-Shi'a, vol. 19, p. 42.

"He (al-Ridā), peace be on him, answered: 'His blood-money should be paid by the people who asked the man for help, and he helped them and saved their properties, their women, and their children. If they had given him a wage (to help them), then he and his family would have paid the blood-money apart from them. That is because an old woman came to Sulaymān b. Dāwud and asked him for help against the wind, saying: 'O Prophet of Allah, while I was sleeping on the roof of mine, the wind dropped me and broke my hand, so help me against her.' So Sulaymān b. Dāwud summoned the wind and asked her: 'What made you do this toward this woman?' 'You are right, O Prophet of Allah,' the wind answered, 'surely the Lord of mightiness, the Great and Almighty, had sent me to the ship of the children of so-and-so in order to save it from drowning. So I went out according to the laws, and Allah, the Great and Almighty, hastened me to what He had ordered me, so I passed by this woman while she was on her roof, and I stumbled across her; and I had no (ill) intention toward her, so she fell and broke her hand.' So Sulaymān said: 'My Lord, how shall I judge against the wind?' He revealed to him: 'O Sulaymān, decide the blood-money of the broken hand of this woman against the owners of the ship which the wind save from drowning, for none of people is wronged before Me.'"

With this matter we will finish our talk about some precepts which have been reported from Imām al-Ridā, peace be on him, and which have included most chapters of the science of Islamic jurisprudence such as the acts of worship, dealings,  contracts, and others from among the Sunna on which the Shi'ites depend and in whose light the Imāmi jurists give religious decisions.

It is worth mentioning that Imām al-Ridā, peace be on him, has another group of traditions regarding religious precepts; this group has been mentioned in the encyclopedias of demonstrative jurisprudence, but it requires a study and contemplation. The books of jurisprudence have objectively presented them, but I (i.e. the author) have not presented them because this book is not one of the jurisprudence books; I have mentioned these examples of jurisprudence as proofs of the Imām's scientific wealth and of that he was the highest authority of religious decisions in the Islamic world of his time.