Excellence of Son

Resemblance of a Child

Excellence of Daughters

Prayer and Appeal before Allah for a Son

If When Pregnant one Keeps Her Intention to Name the Child Muhammad or Ali the Child will be a Boy: and the Prayer for it

Beginning of the Creation of a Human Being and His Turning in His Mother’s Womb

When a Woman Gives Birth to More than one Child

Discipline to Follow During Childbirth

Congratulation for Childbirth

Names and Titles

Complete Creation

Foods Preferable for a Pregnant or a Woman during Childbirth to Eat

Special Treatments for the Newborn

Al-’Aqiqah and its Being Obligatory

‘Aqiqah for Boys or Girls is the Same

‘Aqiqah is not Obligatory on One who Cannot Find

On the Seventh Day from Birth the Newborn’s Head is Shaved and a Name is Given to Him

‘Aqiqah is not Equal to al-’Adhiyah (animal offered as sacrificial offering during al-Hajj) and it is Sufficient in Place of ‘Aqiqah

Words to Say on ‘Aqiqah

The Mother should not Eat from the Meat of ‘Aqiqah

The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and Fatimah, ‘Alayha al-Salam, Offered ‘Aqiqah for al-Hassan and al-Husayn

Abu Talib Offered ‘Aqiqah for the Holy Prophet, O Allah , Grant Compensation to Muhammad and his Family Worthy of their Services to Your Cause

Cleansing, Circumcision

Lowering for Girls

After Seven Days from Birth Shaving is not Required

The Rare Ahadith

Shaving Certain Parts of the Head of a Newborn and Leaving other Parts

Breastfeeding

The Liability of the Breastfeeder

The Preferable and Non-preferable Milk

The One Who has More Priority for the Custody of a Small Child

Growth of a Child

Disciplines for a Child

The Rights of Children

Kindness to Children

Giving Preference to One Child Over the Others

Intelligence of a Boy and Signs of his Nobility

Rare Ahadith

Detestability of Divorcing a Cooperating Wife

Divorcing an Uncooperative Wife

People Do not Remain Straight in Matters of Divorce without the Sword

The Divorces Not According to the Book and Sunnah

Divorce Does not Take Place unless Once has the Intention to Divorce

There Cannot be Divorce before Marriage

Divorce in Writing

Explanation of Divorce with Waiting Period and what Makes Divorce Binding

The Necessary Expressions to Pronounce with the Decision to Divorce

Three Talaq (Divorce) in Hayd (menses) Free Period in the Presence of Witnesses in One place and Time or More is One Talaq

The Case of One who Arranges Witnesses Separately or Divorces in the Presence of a People but Does not Ask them to Bear Witness

Appointing Witness to Divorce Two Women with One word

Arranging Witness for Revocation of Divorce

Revocation of Divorce without Going to Bed is not Valid

No name

One Who is not Lawful for her Husband without Marriage to another Man

Issues that Validate and Invalidate Divorce

An Absent Man Returns and Divorces at that Time that Divorce Does not Take Place until She Experiences Hayd (menses)

Women who Can be Divorced in all Conditions

Divorce by an Absent Husband

Divorce of a Pregnant Woman

Divorce of a Woman whose Marriage is not Consummated

Divorce of One who is not Mature yet and Divorce of One after Menopause

Women Whose Hayd (menses) is Confusing

The Time when a Divorced Woman in the Manner of Divorce with Waiting Period and Revocable Form Becomes Stranger to him

Meaning of al^Iqra’ (Hayd-free period)

Waiting Period for a Divorced Woman and Where She must have it

The Difference between one Divorced in Non-Sunnah manner and the One who Goes out in her Waiting Period or is Sent out by the Husband

Explanation of the words of Allah, most, High, ‘You must not send them out of their homes and they must not go out. .

Divorce of a Woman whose Hayd (menses) is Confusing

Divorce of Women Who Hide Their Experiencing Hayd (menses)

The Case of a Woman who Experiences Hayd (menses) after Every Two or Three Months

Waiting Period of a Woman whose Hayd (menses) is Confused

The Word of Women are Accepted in Matters of Hayd (menses)

A Woman Confused about Pregnancy

Maintenance of Pregnant Divorced Women

A Woman Divorcee Three Times Does not have the Right for Lodging or Maintenance

Benefits for a Divorced Woman

The Rights of a Divorced Woman of mahr (dower) with Whom He has not Gone to Bed

The Issue that Completes Mahr (dower)

The Divorced Woman Whose Husband is Absent Commences Her ‘Iddah (waiting period) from the Day She is Divorced

Waiting period of a Widow whose Husband is Absent

Reason for Difference about Waiting Period and Waiting Period of a Widow

Waiting Period of a Pregnant Widow and Her Expenses

Waiting Period of a Widow with whom he has Gone to Bed and where she must Complete her Waiting Period and Her Obligations

The Case of a Woman whose Husband Dies before Going to Bed with her and that there is no Waiting Period and Mahr (dower) for her

The Case of a Man who Divorces his Wife and Dies before her Waiting period Ends

Divorce and Marriage during one’s Illness

About words of Allah, most Majestic, most Glorious, . do not harm them (women) to make it Difficult for them

Divorce of Children

Divorce of People with Mental Condition and Insane Ones and their Guardian

Divorce by a Drunk Man

Divorce of One Compelled and Coerced

Divorce by a Speechless Man

Appointing an Attorney for Divorce

Swearing and Taking an Oath

’Ila’ (swearing) does not Take Place except after Going to Bed with one’s Wife

If a Man Says to his Wife, ‘You are Unlawful for me”

The Free, Cleared and Severed Woman

The Choices

How the Choice originally was

1. Al-Husayn ibn Muhammad has said that narrated to me Hamdan al-Qalanisiy that ‘Umar ibn Shihab al-‘Abdiy asked me, ‘On what basis your people say that divorce pronounced three times does not make it three divorces?’ I said to him, ‘They believe that divorce is based on the book and al -Sunnah and whatever is against them is returned to them.’ He then asked, ‘What do you say about one who has divorced according to the book and Sunnah and his wife goes out or he sends her out and she counts the waiting period somewhere other than her house? Allah, most Majestic, most Glorious, has said, “Do not send them out of their house and they must not go out.’” I replied him with an answer, which was not from me. I met Ayyub ibn Nuh, asked him about it and informed him of the words of ‘Umar (ibn Shihab). He said, ‘We do not accept analogy. We only say what texts say.’ I then met Ali ibn Rashid and asked him about it and about the words of ‘Umar (ibn Shihab). He said, ‘He has used analogy against you to bind you. If divorce is not permissible without the book and Sunnah, waiting period also is not accepted without the book and Sunnah .’ I then asked Mu‘awiyah ibn al-Hukaym about it and informed him of the words of ‘Umar (ibn Shihab). Mu‘awiyah said, ‘Waiting period is not like divorce. There is a difference between them. Divorce is the act of divorcee. If he does against the book and against what he is commanded to do we can say to him to return to the book, otherwise, divorce is not valid. The waiting period is not the act of the man or woman. The days pass. Hayd (menses) takes place and it is not her act or his act. It is the act of Allah, most Blessed, most High. The act of Allah, most Majestic, most Glorious, cannot be analogized with his acts or her acts. If she acts against the law, the waiting period passes, and she has committed a sin in acting against the law. Had the waiting period been her act we would not make it to take place on her like divorce is invalid if it is against the law. “Al-Fadl ibn Shadhan has said, in answer presented by abu ‘Ubayd in the book of divorce that certain people of al-Kalam (theology) has said, ‘When Allah, the most Blessed, the most High, sanctioned divorce with waiting period He did not inform us that whoever divorces without waiting period his divorce is invalid. It is something that men and women obey and do not go out of the house as long as waiting period is not complete. We are only informed about sin. Allah has said, ‘. . . such is the limits set by Allah so do not transgress against them and those who transgress against the limits of Allah has done injustice to himself .’ Is disobedience in divorce like disobedience in waiting period by going out of her house? Do you not say that the nation collectively says that if a divorced woman goes out of her house for days, such days are counted as part of her waiting period even if she has disobeyed Allah? In addition, divorce during Hayd (menses) is counted against divorcee even though he has disobeyed Allah. [Translator’s Note: The words of al-Fadl ibn Shadhan are not translated but the Arabic text is preserved in applicable editions of this book.]

Al-Kāfi - Volume 6

Book 2, Chapter 29