Les Questions qui Valident et Invalident le Divorce

2. Humayd ibn Ziyad has narrated from ‘Ubayd Allah ibn Ahmad from ibn ‘Umayr from ‘Abd Allah ibn al-Mughirah from Shu’ayb al- Hadad from Mu ‘alia’ ibn al-Khunays who has said the following: “There is a man who divorces his wife, then does not go back to her until three cycles of Hayd (menses) are complete, then divorces and leaves her until three cycles of Hayd (menses) are complete then marries her then divorces without going back to her and leaves until three cycles of Hayd (menses) are complete. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He can marry her forever as long as he does not go back and touch her.’ Ibn Bukayr and his companions were of this opinion and ‘Abd Allah ibn al-Mughirah narrated it to me that he asked, ‘On what basis do you say so?’ He replied, ‘I say so on the basis of Hadith narrated by Rifa‘ah who has narrated from abu ‘Abd Allah, ‘Alayhi al- Salam, that it destroys what is passed. He (the narrator) has said, that Rifa‘ah has only said, ‘He divorced, then another man married her, then divorced; then the first man married her and this destroys the first ‘Talaq’ (divorce).”’

...concernant un homme qui a divorcé de sa femme puis ne l'a pas reprise jusqu'à ce qu'elle ait eu trois menstruations, puis il l'a épousée, puis l'a divorcée, et l'a laissée jusqu'à ce qu'elle ait eu trois menstruations, puis il l'a épousée, puis l'a divorcée sans la reprendre, puis il l'a laissée jusqu'à ce qu'elle ait eu trois menstruations. Il lui a été dit qu'il pouvait l'épouser à nouveau tant qu'il ne la reprenait pas et ne la touchait pas. Ibn Bukayr et ses compagnons disaient que cela était une annulation du premier divorce...

3. Humayd ibn Ziyad has narrated from Sama‘ah from Muhammad ibn Ziyad and Safwan from Rifa‘ah who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who divorces his wife and she becomes a stranger to him because of the expiration of her waiting period; then another man marries her who divorces her also; then she marries the first husband; if it destroys the first divorce. He (the Imam) said, ‘Yes, it destroys the first divorce.’ Ibn Sama‘ah has said that ibn Bukayr would say, ‘If a divorced woman is divorced by her husband, then leaves her until she becomes stranger to him, then marries her, she then can live with him on the basis of a new divorce. Ibn Sama‘ah has said that al-Husayn ibn Hashim has mentioned that he asked ibn Bukayr who gave this answer and he then asked, ‘Have you heard anything about it?’ He replied, ‘No, it is what Allah, most Majestic, most Glorious, has granted in the form of opinion.’ Ibn Sama‘ah has said, ‘We do not accept the words of ibn Bukayr; in fact Hadith says, ‘If there is a husband between them.’”

J'ai interrogé l'Imam Sadiq (que la paix soit sur lui) au sujet d'un homme qui a divorcé de sa femme jusqu'à ce qu'elle devienne licite pour lui, et que son délai de viduité soit expiré, puis elle s'est mariée à un autre homme, qu'il a également divorcée, puis son premier mari l'a épousée à nouveau. Est-ce que cela annule le premier divorce ? Il a répondu : Oui.

4. Muhammad ibn abu ‘Abd Allah has narrated from Mu‘awiyah ibn Hakam from ‘Abd Allah ibn al-Mughirah who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who divorces his wife and leaves until she becomes stranger to him, then marries her. He (the Imam) said, ‘She can live with him just as she did with marriage.’ I then said, ‘Hadith of Rifa‘ah says, “If there is a husband in between.’” Then ‘Abd Allah said to me, ‘This is husband and it is what Allah has granted of opinion. Whenever he divorces once and then she becomes stranger to him, then another man marries her then her husband divorces, then she marries the first husband, she can live with him accepted as she was.’ I then asked ‘Abd Allah, ‘According to whose Hadith is this?’ He replied, ‘It is what Allah has granted.’ Mu‘awiyah ibn Hukaym has said that our people have narrated from Rifa‘ah ibn Musa that husband destroys the first divorce and if he marries her she lives with him accepted.’ Abu ‘Abd Allah, ‘Alayhi al-Salam, then said, ‘Three divorces destroy but not one and two.’ Hadith of Rifa‘ah from abu ‘Abd Allah, ‘Alayhi al-Salam, is the one on the basis of which ibn Bukayr has argued.’”

Le mari annule trois divorces et n'annule pas un seul ou deux.