Al-Kafi 9712

Translation

A number of our companions, from Sahl Bin Ziyad and Muhammad Bin Yahya, from Ahmad Bin Muhammad, and Ali Bin Ibrahim, from his father, altogether from Ibn Mahboub, from Ibn Raib, from Abu Ubeyda Al Haza’a who said, ‘I asked Abu Ja’far^asws about a boy and a girl who were both married by their guardians, and both of them were without adulthood. So he^asws said: ‘The marriage is valid, and whichever of the two matures, would have the choice for it, and if they were to die before they mature, so there would be no inheritance between the two, nor any dower, except if both had matured and were both pleased (with the marriage)’. I said, ‘Supposing one of the matures before the other?’ He^asws said: ‘That (marriage) would be allowed upon him if he was pleased’. I said, ‘Supposing the man who had matured before the girl, and was pleased with the marriage, then he died before the girl had matured, would she inherit him?’ He^asws said: ‘Yes, her inheritance from him would be isolated until she matures. So she would have to swear an oath by Allah^azwj, what she is claiming for to take the inheritance (will only be given to her upon) her agreement with the marriage. Then the inheritance would be handed over to her, and half the dower’. I said, ‘Supposing the girl died and she had not matured yet, would the mature husband inherit her?’ He^asws said: ‘No, because for her was the choice when she matured’. I said, ‘Supposing her father was the one who had got her married before she had matured?’ He^asws said: ‘The married of the father would be allowed upon her, and it would be allowed upon the boy, and the dower would be upon the father for the girl’.

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