Al-Kafi 13691

Translation

A number of our companions, from Sahl Bin Ziyad and Ali Bin Ibrahim, from his father, altogether from Ibn Mahboub, from Abu Ayoub, from Yazeed Al Kunasy who said, ‘I asked Abu Ja’far^asws about a woman who married whilst being in her waiting period. He^asws said: ‘If she has married during a waiting period of a divorce, and for her husband is the (right of) return, so upon her would be the stoning; and if she has married during a waiting period, there not being the (right of) return for husband, so upon her would be the Penalty (<span class="iTxt">Hadd</span>) of the unmarried adulterer; and if she has married during her waiting period from after the death of her husband, before the expiry of four months and ten days, so there would not be stoning upon her, and upon her would be one hundred lashes’. I said, ‘What is your^asws view, if that was from her due to ignorance’. So he^asws said: ‘There is none from a woman today, from the Muslim women, except that she knows that upon her is a waiting period regarding a divorce, or death (of her husband), and the women during the pre-Islamic period used to know that’. I said, ‘So if she knew that upon her is a waiting period, and she did not know how much it was?’ So he^asws said: ‘When she knew that upon her is the waiting period, the proof was necessitated upon her, so she should have asked until she had known’.

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