95 / There is no penalty if his sperms are discharged by looking at her,even at her vagina. If he delays shaving of circumambulating of visit (ziyarah) from the days of eid,then he is to sacrifice an animal;two imams are of the opposing opinion. Differenece of the opinions is the same,if he delays the stoning or makes a ritual before any rutual.If he shaves outside of haram for a Hajj or Umrah,then there is a sacrifice.Abu Yusuf opposes to it. If a person who is doing Umrah returns after he left haram and shortens his hair,he has nothing to sacrifice.Thi is unanimously accepted view. If any one who is making Qiran,shaves himself before sacrificing any animal,then he must sacrifice as penalty two animals.According to two imams one animal is sufficient. Whenever an animal for sacrifice was mentioned,a sheep is sufficient,whenever a charity (sadaqah) is mentinoned the amount for Fitrah is sufficient. Chapter on Killing an Animal for Prey If a muhrim kills a prey of land or points its place to any one who kills it,he has to pay penalty.The penalty is the value of the prey,evaluated by two justice persons in the locality itself or nearests place to where the prey was killed.If they could not fix any value for that,then he hes choice;if he wishes he buys a sacrificial animal,if the the amount necessitates it,and 96 / sacrifice it in Haram or he buys with that amount,then he gives it to a poor as half sai` of wheat,or a sai dates or barley;not less than that. If he wishes he may fasts for each poor food a day; if some surplus remain less than a poor's food either he gives tha as charity or fasts for that a full day. According to Muhammad the penalty will be same kind of the prey in terms of size when the two are equivalent.So for a deer a sheep,for a hyena also a sheep,for rabbit a female young goat,for gerboa a female four months old young goat,for an ostrich a camel or a cow,for a wild donkey a cow are to be slaughtered. If there is no equivalecy between the two then the views of Abu Hanifah and Abu Yusuf are to be followed. In these penalty matters the people who does intentinally and the one who does things unconsciously,a repeteater of crimes and one who does it just first time are the same. If he wounds a prey,or cuts off an organ or plucks out any hair is to compensate from what was lessened from the value of the animal. If he plucks out the feather ot cuts off the legs,so he can not escape from the hunter,then he is to pay the whole value. If he milks it,then he is to pay the value of the milk;if he smashes an egg,tehn the value of egg,if a baby dead chicken comes out from the egg,then the value of chicken are due to be given to the poor. There are no penalty if the followings are killed: crow,kite,wolf,snake,scorpion,mouse,biting dog,mosquito,ant,flea,a parasite on the skins of cows and turtle. 97 / If he kills a louse or a croach, then he gives as charity whatever he wishes.Giving one date for each craoch is good. No penalty may surpass a sheep when a wilde wounding animals are killed.If it attacked and was killed because of that,nothing to be given as penalty. If a muhrim (a person having ihram and being in the status of hajj) is forced to kill the prey,and he killed,he is still resposible to pay the penalty. Muhrim is allowed to slaughter sheep,cow,camel,chicken,domestic gouse and to hunt the fish.He hes to pay penalty if he slaughters a pigeon with sleves of feather in legs domestic deer.If he slaughters a prey which is dead,if he eats from it he is to pay the value of what he eats together with the penalty.It is just opposite if another muhrim eats from it. He is alowed to eat the flesh of the prey he hunted while he was not in ihram and slaughtered it,provided he did not point to it or ordered any one to hunt it or did not helped to hunt it. Any one who enteres Haram with a prey in his hand, is to release it.If it was purchased or sold,then the the sale becomes nullified,if the prey is yet in the hand;if it has already perished,then it is to be fined. Any one who enters into ihram while he has in his home or cage a prey,he is not to release it. If a non-muhrim takes a prey,then he acquires the status of ihram and some body relesaed it,the releaser compensates it;the position is just opposite when a muhrim takes it. If a muhrim kills what another muhrim takes as prey,both of them compnsate it and the one who takes may return for compensation to the killer.If a non-muhrim kills a prey of Haram,he is to pay its value. If he milks it,the value of milk is due to be given. Any one who cuts of the grass of Haram or any non-planted tree,he is to compensate its value,except what was dried up.He is to definitely pay charity in this last four items.His fasting won't be sufficient. It is prohibited to let animals graze the grass of the Haram,except the grass called Izkhar (oderiferous rush) Any thing by which a mufrid (a hajji doing ifrad hajj) has to make one sacrifice,for the one who intendes making Qiran hajj will be two animals to be sacrificed,except if he passed miqat without ihram. If two muhrim people killi a prey,each one of them is obliged to seperately pay penalty or sacrifice an animal. If two non-muhrims kill one prey of Haram,both of the are to make one penalty only. A muhrims transaction for selling or buying the prey is void. Any one who takes out a she-deer of Haram,then it gives birth outside of it and both of them die,he compensates both of them.If he paid its penalty and then she gave birth,he won't compensate the baby-deer. Chapter on Tresspassing Miqat without Ihram Any who tresspasses miqat without ihram,then he puts it on,it becomes necessary for him to sacrifice an animal.If he returns to miqat with ihram and makes talbiya,then his penalty gets exepmpted.According to two imams his is exepmpted if he is in ihram,even when he does not make talbiya.If he returns before he puts ihram on and then he puts ihram on,his penalty gets exempt. It is the same if he puts ihram on for Umrah,then it gets nullified and then he mekes it up.If he returns after he statted to circumambulate,then his punishment does not become nullified. If a kufian enters to al-Bustan for a need,then he man enter to Makka without ihram and his miqat is al-Bustan. 99 / Who enters Makka without ihram,hajj or umrah becomes incumbent to him. If he returns and puts ihram on with the intention of islamic hajj,his hajj gets nullified with entering Makka.If he returns after that year,it does not become nullified. If a makkan or a man who intends tamattu` hajj passes l-Haram without ihram,his staatus is like one who passes Miqat and makkans wuquf is like the tawaf of one who passes miqat without ihram. Chaptar on Adding Ihram to Ihram A makkan completed a unit of the circumambulation for his Umrah,then he made intentino for hajj,then he left it ,in this case he is to sacrifice an animal and also to make up both of the hajj and umrah;if he completed both of them they are valid and an additional penalty of sacrificing an animal. Any one who puts one ihram for a hajj,then for another hajj on the day of eid (sacrifice),in this case if he sahaved for the first,it becomes necessary for him to stick the second,and no penalty;otherwise the second hajj is to be performed with a sacrificial penalty;it is same when he shortened his hair after the second ihram or not.According to two imams if he did not shorten (or shave ) the hairs,no sacrifice is necessary. Any one who finishes his umrah.except the shortening situation,then he puts ihram on,a sacrifice is necessary.If an non-makkan puts ihram on first for hajj,then for umrah,both of them becomes necessary.If he stops in Arafah before the umrah actions done,that means he rejected umrah.He did not rejected it,if he turns to Arafat,but does not stop there. If he puts ihram for Umrah after the circumambulation of hajj,his rejection becomes good,then he makes it up with a sacrifice. l00 / If he goes on donig both of them,that is valid and needs to sacrifice an animal.This sacrifice is inavoidable,according to the correct view. If a haji begins talbiya for umrah on eid and takbir days,then umrah becomes necessary for him.He leaves it,then he makes it up,then he sacrifice an animal.If he goes on doing umrah,tah is valid,and he is to sacrifice an animal. Any one who misses hajj,then puts ihram on for hajj or umrah,it becomes necessary for him to leave it,then to make it up and the sacrifice. ChapteronPreventionfromHajjandMissingthe Procedures If a muhrim was prevented by an enemy,or desease,or having no non-marriageable relative (for a lady),or loss of sutenance and money he may send a sheep to be slaughtered for him in Haram at the certain time and then comes out from his ihram after the sheep being slaughtered without shaving or trimming.Abu Yusuf has minority opinion.If he was a hajji of Qiran,he is to send tho sheeps.It is allowed to slaughter before eid day,but not outside of the Haram.According to two imams if the person is doing hajj and is prevented,the slaughtering may not be done before eid day. Any one who is prevented from hajj is to make up hajj or umrah when he gets out from that status.One who was donig umrah must do a umrah,one who was doing hajj of Qiran is to make one hajj and two umrahs. If the prevetinon is lifted after the sending of sacrificial sheep and it is possible for him to catch it up and also to catch up also hajj,he is not,in this case,allowed to come out from ihram status and it is binding for him to continue. If he may catch only the animal,then he comes out from ihram 101 / status.If it is possible for him to catch up just hajj,then it is better for him to come out from ihram. Any one who is prevented in Makka from performing two main elements,he is considered as prevented (muhsar) person.If can do one of them,he is not considered as prevented. Any onw who misses hajj by missing the stopping in Arafat,let him come out from the status of ihram by making umrah rituals.He is to make hajj next year and he has no penalty. There is such thing as missing umrah;it is ihram.circumambulation and sa` between Safa and Mrwah.It can be performed throught the year. It is not good to do it the days of Arafah,eid and takbirs.He is to cut talbiyah in the first circumambulation. To Make Hajj for Another Person It is allowed to delegate some body for the financial worships as a general rul.It is not permitted in the areas where the rituals must be performed in person.It is same when both of the qualities meet in one deed,like hajj.It is allowed in case of disability,not when he is able to.As a condition death or disablity until death is necessary. Disabilty is a condition for fard hajj,not for the optional hajj. Any one is diasabled and some body makes hajj for him.That is valid.Thi hajj becomes the orderer's hajj.Agent makes an intention for him saying:"Labbaika bi-hajjatin an fulanin ( O my Allah for a hajj on behalf such and such person)". Whetever is left from the money must be given back to trustee or inheritants. It is allowed to delegate for hajj a person who did not do hajj before,or a woman and a slave.But others are better than these ones.Any one who was delegated by two persons,then he put ithram 102 / on for one hajj for both of them,in this case,he is to compensate the money for both of them and hajj is for him.If he makes his ihram in ambiquity,then he fixes one of the delegators before he carries on the procedures,that is valid;Abu Yusuf opposes this idea.If he fixes the person after he statrs going into procedures,no it is not valid. The penalty for tamattu` and qiran are due to the delegatee.Any penalty for the defect in the procedures is also due to the penalty.But the penalty of sacrificing an animal is on the delefator.Abu Yusuf has a minority opinion to this.If the delegator is dead,then that is due out of his property. If the delegatee makes a sexual intercourse before teh stopping in Arafat,he is to compensate the money he spent. If the agent (delegatee) dies on the way,another person is to be sent on behalf delegator beginning from the delegator's home,paying from one third out of his asset.According to two imams second delegatee must beginn his hajj from the point where the first delegatee died;also according to Abu Yusuf he must be paid from the third and to Muhammad from what had been already left from the money given to the first agent (delegatee).Whatever may be left from the money is to be given back to the executor of the will or inheritants. Any one who starts a hajj for his two parents,then he fixes one of them,that is permissible. A person may allot the reward of his deed to others in all worships. Chapter on Scarificial Animal (Hady) Hady is either camel or cow or sheep and goat.The lowest level of it is sheep. It is not necessary to take it to Arafat. Any animal which is good for sacrifice for eid duty,is good for this purpose. A sheep is good for all cases,exept if he circumambulates for 103 / visit (ziyarah),while he is totally unclean (junub) or he makes sex after the stopping in Arafah,but before the shaving.In this case he is to sacrifice nothing but camel or cow. He himself eats from the meat of sacrificial animal slaughtered as voluntary sacrifice,or tamattu` or qiran; he may not eat from others. Slaughtering for tamattu` and qiran are due to be pertformed only in the days of eid for sacrifice.All of the slaughters must be done in Haram. He may give it as charity to the poor of Haram as well as to the poor outside of Haram. He is to give as charity whwt the animal has as cloth and rope.The Slaughterer must not be paid out of the animal. He won't ride on it,except in the case of necessity.If the value looses some thing for some one's riding,he is to compensate for it.He is not to milkt it.If he milked it,he is to give the milk as charity.He sprinkles cold water to its udder,in order to make the milk stop dropping. If the sacrificial animal,whis is obligatory to sacrifice,perishes on the way or gets sever defects,he is to substitute it by another and he disposes with the defected one in a way he wishes. If the scarifiacil animal alloted for voluntary sacrifice gets closer to perish,he slaughters it and spills its necklace and hump with its blood.He is not to eat from it.Neither the rich is going to eat from it.He has no more than that to do. The sacrificial animals for optional reasons,tamattu and qiran,not others,are to be marked only. Miscellaneous Problems If the people testifies that the day of stopping (waqfah) is the eid day,the testimony is void.If they testify that it was the eight day of the month,then the testimony is valid. 104 / Any one who leaves the first stoning to the second day,he may throw the first one only,if he wishes.It is better to throw all of them. Any one who pledges making hajj walking,he walks from his home untl he makes a circumambulation for visit (ziyarah).It is said that he walks from the place he puts ihram on. If he rides on any thing,he is to sacrifice an animal. If a non-muhrim buys a she-slave who has ihram with the permit of her owner,he may take her out of hajj status by direct sexual intercourse.But it is better for him let her come out from the ritual hajj status before sex with cutting off the hair or clipping the nails. Book of Marriage It is an intentionally made contract of which the subject is legalizing the sexual intercourse between the couples. The marrriage is the obligatory, if the person is to fall into unlawful sex.It is not recommended,if there is a fear of oppression to happen.It is strong sunnah,when he is in normal healthy condition. It is completed with by an offer and acceptance,both of them or at least one of them being in the past tense.Like: She says "take me as your wife" and he says "I took";this is valid.even if they don't understand the meaning.If he says " dadi ( you did give)" or "pazirafti (you did accept)",the other party naswered as "dad (gave)" or "paziraft (accepted)" ( without mim,that is I ),it is valid;like buying and selling. If theparties say in the presence of witnesses"ma zan shuyam (let's be couple)",marriage is not solemnized. Marriage may be solemnized only by the words of "nikah",or "tazwij" (both meaning to marry) and the words meaning literally to transfer ownership in the same moment,like sell.buy,donate,charity,transfer the ownership;but not the words 105 / rent,make it lawful,lend and bequaeth. It is necassry that each party must hear the words of the other in the presence of two male free or one male and two female witnesses;all being recahed the level of responsiblity (mukallaf) and muslims. If the woman is muslim,two witnesses are to hear the words of the both parties.If the aitnesses heard thir words seperately,that won't be valid.The witnesses may be people of mischief or convicted in the crime ofg slandering the innocent women (qazf),or blind,or sons of the both of the parties or sons of one of the spouses.But the witnesses of sons can be used as evidence in a suit case,sued bt the relatitive of the witnesses. A muslim may marry a zimmi woman in the presence of two zimmi ladies;Imam Muhammad opposes this idea;but the witness can not be based on in a suit,if the zimki lady sues it. If a gurdian instructs a man to be agent in letting his minor girl marry to any person,then he acts as agent marries her in the presence of a man,then this marriage is valid,provided the father was present;otherwise,it won't be valid. It is the same rule to be applied if the father let marry his adult daughter in the presence of one man,provided the daughter was present.This marriage is valid.Otherwise,not. Chapter on The Women to Whom Marriage is Prohibited It is prohibited to a man to marry to his mother,grandmother,no matter hwo far goes like that,to his daughter,daughter of his son,no matter how down goes like that,to his sister,sister's daughter.daughter of his brother,no matter how far it descends like that,to his aunts (sister of the father or the mother),to 106 / his mother-in-law,with no condition,to his daughter of his wife,with whom he made sex,to his fathers wife,no matter how far it ascends,to her son,no matter how down it descends. All of what are mentioned above,are also prohibeted ones in case of their relation stems from breastfeeding (rida`). It is also fprnidden to marry two sisters in one marrige contract,even if they arein a waiting period because of irrevocable (bain) or revocable (rij`i) way of divorce or to marry two sister slaves by making sex with them based on the ownership right. If he marries the sister of his she-slave whom he made sex with,he is not to make furhther sex with any one of them until one of them gets the status of prohibition. If he marries two sisters in two contracts and it was not possible to which one was the first,he is to be seperated from both of them.And each one of them will get half of the dowery. It is also prohibited to be married at the same time to two women who if one of them was man,it would not have beeen lawful to establish marriage between them,this is just contrary to the marriage made to a woman and her ew-husband`s daughter from another lady. Adultery establishes the prohibition of marrige relation.Also the touching with sexual desire one of the parties may have,his looking at inside of her vagina and her looking at his penis with the sexual drive.The girls below the nine years of age are not accepted as non-sexy as far as this rule is concerned.This is the fatwa. If his sperms are discharged by touching,the ban is not established.This is the correct opinion. To marry a woman from the people of book (kitabiyyah) and a sabi'i woman who believes in a prophet and recognizes a book is valid.But not a woman worshipping the stars. It is also valid the marriages of man in ihram,woman in ihram,a muslim or kitabiyyah she-slave,even if he is able to marry a free woman.It is also valid marriage to marryy a free woman on she-107 / slave,and four women (no more),no matter whether they are free or she-slaves by a free man and two by a slave.It is valid marrige to marry a pregnant woman,who became oregnant from an adultery.Abu Yusuf opposes this opinion;she is not going to be sexually approached until she gives birth to her child of adultery.It is valid marriages if a slave marries the sheslahe with whom his patron made sex or a lady with whom his patron had adulterious affairs. If he marries two women in one marriage contract and one of them is prohobited to be married to,the marriage with other woman is valid and all of the dowery fixed goes to her.According to two imams the dowery is to be divided at the ratee of matches (mithl) of each one of them. A person mty not marry his she-slave or a slave may not marry his she-patron,to marry fire-worshipper,idolator,the fifth woman while the fourth is in her wating period after being irrevicably divorced (bainah),she-slave on free wife while she is in her waiting period.The to imams are of the opposite opinion when she is in her irrevocably divorce wating period.It is also not valid to marry a pregnant captive or any pregnant lady whose pregnancy is ascribed to the related perso,even if it is from her male patron. Beneficiary (mut`ah) or temporary marriage is not valid. Chapter on Guardians and Matches A marriage contract made by a free (not slave) and islamically eligible woman (mukallafah) without her guardian's consent is valid.The guardian has the right of opposing if the groom is not a match (kufw) to her.Hasan b.Ziyad naarates a view from Abu Hanifa saying that it is not permissible.Qadikhan's fatwa is in this direction.According to Muhammad this contract is a suspended transaction (mawquf),even if the other party is a match. A guardian can not force an adult girl,even if she is virgin. 108 / If the guardian asks the consent of her virgin daughter,she sits silent or laughs or weeps sliently,that is considered as consent is given.If she cries loudly,then it means rejection.Same rule is to be applied if the guardian lets her marry and she gets that news.But it is necessary to name the husband (not to fix the dowery) in both of them.This the correct view. But if a relative else than nearest relative who is guardian,asks her the consent,then it is necessary to hear the word from her.The rule is the same if a lady who is not vergin is being asked her consent. Any one whose verginity is removed by her jumping,periods,wounds or getting old,she is considered as vergin.It is also the same if the verginity is lost by an altery.The two imams oppose this view. If the husband says "you sat silent",but she says "I have rejected",and the husband has no evidence,then her word is to be taken.And she is to swear according to two imams.But according to Abu Hanifah,swearing is not necessary. The guardian has the right of letting marry an insane woman,or a minor boy or girl,even if she is no more vergin.If the guardian is father or grand father,the contract is binding.In case of the guardians other than these two,they have choice,when they reach puberty or come to know the marriage transaction after the puberty.Abu Yusuf is of the opposing opinion. If the vergin woman keeps silent,that means she has consent.Her coice does not last upto the end of the sitting (jalsah);this is soi even if she does not know that she has the choice.The position os bfreed she-slave is just the opposite. The choices of the boy and one who is no more vergin won't void,even if they stand up from their sitting,as long as they do not declare their choices explicitly or implicitly. 109 / A decree from court is necessary to nullify the contract in the case of the choice of reachin the puberty,but not in the case of befreed woman. If one of these type couples die before the seperation,the other spouse inherits the deceased;no matter whether they reach puberty or not. Guardian (wali) is a relative who is asabah by birth or by having in-law relation,following the list which is used in the Law of Inheritance. The son of an insane person is preferred to the father,Muhammad opposes this view. Slave,minor and insane persons have no right of guardianship on any body.A non-believer has no right of guardianship on his muslim child. If there is no asabah,guardianship goes to the mother,then to the sister of father and mother sides,then to the sister only father side,then brothers and sisters from mother side. Then guardianship goes to Zawi 'l-Arham following the rule of nearest one comes first,then the next;Muhammad opposes this view.Abu Yusuf is with Muhammad accoprding to the most fameous opinion. Guardianship goes to one who has no heir and akes a support friendship contract with a non-relative person (mawla l-muwalat). Then the judge who is authorized explicitly to do that. A guardian who is not the nearest has the right of letting them marry,if the nearest relative guardian is absent and the suitor who is match won't wait the answer to come from the nearest guardian.Some say the distance of travel (safar),some say the distance that the carawans not reach more than one in a year time. THis maarriage transaction does not become void by the advent of the absentee. If thw guardins who wre at the same level let them marry,the one wko performed first,is to be considered.If both of them made marriage at the same time,both of the marriages are void. A woman can be agent in a marriage contract. Chapter 110 / In marriage matching is to be met from the point birth.Quraihites are matches for each other;arabs other than those are not mahches to Quraishtes;but they are each others matches.Pepople of Bahilah tribes are not equal to other arabs. The citeria for this m,atching in non arabs are acceotance of islam and having freedom.A muslim or a free man whosed father was non-believer or slave is not match to one whos father is muslim or free.Any one whose one of the parents is muslim or free,is not equal to one whos both of the parents are muslim or free.Abu Yusuf opposes this idea.Any one whose two parents are muslim is equal to the people whose parents and forefathers are muslim. Equality must be taken from the point piety and commitment to Islam.Muhammad opposes to this opinion.A sinner is not match to the daughter of a pious man.This was so even if he does not declare his being sinner as it happened in the case of the companion of the Prophet,al-Fadl. Wealth is also a criteria in equality.So any one who is unable to pay the advanced part of the dowery or to bear the family support he is considered as unequal to a poor woman;any one who can menage both of them is a match to any woman,who is rich,no matter how rich is he according to Abu Yusuf.Abu Hanifa and Muhammad are of the counter opinion. According to two imams profession and craftmwnship is also a criteria for equality.According to Abu Hanifah we have to opposing report in this subject.So a weaver of cloth,a cupper of blood,a sweeper and a tanner can not be considered as mathches to parfume seller,trader of cloth or money exchanger.This view is the fatwa view. If she marries to a non-equal man.the guardian has right to seperate them.The same is to work if the dowery is less than the average dowery of her matches (mahr mithl);he may seperate them if he does not complete the amount.Two imams are of the opposing opinion. If he gets the dowery,or prepares her for marriage or he asks for 111 / family support all are considered as consent given by him.But his keeping himself silent does not mean at all that he has agreed on.If one of theguardians gives consent,others have no right to oppose to it. Chapter Unauthorized person's or both of the parties of a marriage being joined by unauhorized agents contract is suspended until the consent is given by the related party. One persom may take the role reprisenting the two sides in a marriage;such as being guardian of two sides,being agents of two sides,being guardian of one side and acting himself as other side,being guardian of one side and agent for other party,or being agen of this party and acting directly himself as other party.An unauthorized person can not take the resposibility of reprisenting two side,even if it stems from one point;Abu Yusuf has opposing view. If any one asks an agent to marry him to woman,but he joins him to a she-slave,it is invalid according to two imams.This is the better way.Acoording to Abu Hanifah it is valid. If the agent marries delegator to two women with one contract,non of them has a valid marriage. If the father or grand father marries a minor boy or girl with a very big defect in the amount of dowery or the other party is not a match according to Abu Hanifah this is valid;but according to two imams it is not.But the relatives other than father and grand father has this right. Chapter on the Dowery Marriage is valid,even if the dowery is not mentioned or negated.The minimum amount of it is ten dirhams.If less than ten dirhams is mentioned,it is necessary to complete up to ten. 112 / If he fixes ten or more than ten as dowery,it becomes incumbent by sexual intercourse or by the death of one party.Half of that amount is to be paid if a divorce occurs before teh sex or a real privacy between the spouses. If he does not mention any amount or rejects it totally,the average amount of her matches (mahr mithl) becomes incumbent with the sex or death and with divorce in case of it happens before marital relation or privacy. The dowery is some thing beneficiary to be given to the wife and fixed according to his state of richness.It never becomes less than five dirhams,and neve exeeds half of the average amount of the women of same level.This beneficiary stuff are the shirt,the head cover and the dress covering the whole body of a lady. The same average amount is automatically fixed when he is marries to a lady on alcohol or pig,saying "this pot of vinigar",while it is alcohol,the two imams oppose this view,or saying "marriage on this slave",while he is a free man,Abu Yusuf has opposing view,or marriage on a cloth or animal which were not spercified their tyepes,or on teaching the Qur'an or serving the free husband a year.But in this last case the cost of service is fixed according to Muhammad. The average amount of dowery is incumbent in a shighar marriage: That is a marriage in which he lets marry his daughter or his sister to a person with a condition that the latter will let marry his daughter or sister agaist it and the two marriages are done in two different contracts. If he marries her with a condition of servin her a year,if the husband is slave,she will get that service. If the patron bfrees his she-slave with a condition of marriying him,her freeing is considered as his dowery according to Abu Yusuf;according to Abu Hanifah and Muhammad she will have the average amount of her friends.If she abstains to mary him,then 113 / she is to pay her the whole price of that she-slave;this is what unanimously accepted. A woman who let marry herself without any dowery to a man,will have fully whaat it was fixed after the contract,provided the matrimonial relation took place or the husbnad died.She will get some benefits if she is divorced before the matrimonial relation;according to Abu Yusuf she will get half of what was fixed,not some benefits. If the husband increases her dowery after the execution of contract, that additional part is to be paid,but it becames void with the divorce before the sex.According to Abu Yusuf this too is be divided in two. If the wife reducts some amount from the dowery by herself,that is too valid. If he gets privacy with her without ant impediment to have sex phisically,legally or naturally such as any sickness preventing from sex,phisical deformity in vagina,fasting of ramadan,being in fard or voluntary type of ihram,her bein menstruation or afterr birth bleeding period,in all this cases he is to pay full amount of dowery.This is so,even if he is castrated or impotent.And also if his penis is cut of from the top;two imams oppose this idea. Make-up fastings are not impediments in the most authentic thinking.Fastings of vow is too not an obstacle according to one of the reports. Fard prayer is an impediment. If the privacy occured,then waiting period (iddah) is to be observed,even if there was an impediment.This is forconsercatory reasons. To give her some benefits is obligatory for the divorced wife who is divorced before sexual relation,and whose dowery was not fixed.These benefits are good to be acknowledged for the wife who was divorced after the sexual relation.And it is not good for a wife who was divorcedbefore the sex,though her dowery was fixed. If he fixed one thousand and she held it,then she donated it to him,but the husband divorced her before the marital relation,the husband gets half of it back from her. 114 / Same rule is to work in all measurables and weighables. If he took the half of it,then gave it totally or partly as a gift,he is not to get it back;two imams oppose this view.If he gifts less than a half and takes the rest,he may return to her getting back to complete the half.According to two imams he gets back the half of what has been taken by her.If she does not take any thing,but she gifts it,none of them can appeal the other to get any thing back.It is the same if the dowery is a thing and she gits it before or after the taking it. If he marries her by a thousand with a condition of taking her out of the city or marriying another spouse on her,if he gets waht he conditioned,then she gets thousand;otherwise he will get the average amount of doweries of her matches.If he marries her with a choice of one thousand,if he lets her reside in the city and two thousands if he takes her out;now if he keeps her in the city,she will get thousand,otherwise the average dowery which may not exeed two thousands and it won't be less than a thousand either.According to two imams she will get a thousand,if he takes her out of the city. If he marries her sying "either this slave or that slave",she will get one who is the highest in the price,if the amount equals or is less than her average dowery;he will get the one who has less value,if he at the same level or more.It is the average dowery to be paid if it is in between them.According to two imams she gets the less value in all cases. If he divorces her before the matrimonial relation,she will get the less valueable.This is what unanimously accepted. If he marries as "these two slaves",if one of them is free,she 115 / will get only the slave according to Abu Hanifah,if he equals to ten;and according to Abu Yusuf the slave with a free value,if he is slave.According to Muhammad the slave and the complete of amount of the average dowery,if the rest is less than the average dowery amount. If he marries her on a horse,cloth of Herat,no matter whether he goes far away in describing it or not,he will have choice between paying the average amount or paying its value. Sama rule will be applied if he marries her on a measurable or weighable good of which the type is stated but its quality is not.If the qualities of these two types of goods are also clarified,then those specific goods are bound to be paid,not their values.It is said that cloth is like the measurable goods,if the quality is extravagaantly valued. If he put the verginity as the condition,but he found him not,he most pay full dowry. If they agreed upon an amount secretly,but proclaimed an amount other than tah during the contract,the valid amount is what they declare.According to Abu Yuasf the valid amount is what they agree upon in secrecy. Nothing is necessary if there is no sexual intercourse involved in marriage which has been based on void contract.This is so even when he gets privacy with her.If he makes sexual intercourse,then the average amounf of dowry is incumbent upon him;that won't exeed the fixed amount of it. She needs to wait the period.Thje begining of of it is the seperation,not the last sexual intercourse.This is the correct view. In this type of void marriage the relation between the progeny and parents are to be observed.This relations begins from the the first privacy (sexual relation) accordind to Muhammad.This is the fatwa (Fiqh opinion). Her average amount of dowry is to be taken from her father side,if the two women are equal in terms of age,beauty,wealth,intelligence,piety, and are from the same 116 / city,contemporary to each other and both of them are virgin or not virgin.If there is no one equal amon his father's relative,then it will be taken from non-relative people.If all of the people who are mentioned are not there,then whoever is there is to be considered in matching for the average amount of the dowry. Her mother and mother's sister are not to be taken in matching,if they are not from father side. It is a valid transaction,if the guardian takes the resposibility to pay the dowry and she has a choice,if she wishes he claims from the guardian or from the husband.The guardian may return to the husband in case of his payment the dowry,provided he pays with a mandate given by the husband;otherwise he won't claim. The wife has the right of preventing him from the sex and going with him to a journey until the amount which was declared as advanced dowry,no matter whether it is the all of the dowry or a part of it, is paid off.But she has also right to travel with him and to go out of the home. She is also to be looked after by her husband,even if she does not submit herself to him for the lack of dowry payment.This is before the sexual relation,also after it according to two imams,if the sexual relation was made with her consent and she was not minor or insane. If the advanced amount is not fixed explicitly,it is to be fixed with comparision to the the advanced part of the average amount of dowry from the point of tradition,without having any fraction like one fourth and so. She has no right to abstain from submitting her to him,if all of the dowry is delayed;Abu Yusuf has an opposing view. When he pays all of it,then he has the right to take her whereever he wishes upto the distansec less than the distanse of journey.It is said that he may also take her to travel distances acoording to overwhelming opinion.The first view is to be followed in fatwa. If the couples disagree in the amount of dowry,her word is to be taken,provided the average amount of dowry is equal to or more 117 / than the amount whic was mentioned by her.His word is to be taken if the average amount is equal to or less than the amount he says.If the amount is between the amounts of the couples say,then both of them ought to swear and the average amount becomes incumbent in this case. When it comes to the divorce before teh matrimonial relation,her word is to be taken,if it is an average beneficial amount (mut`ah) equal to or more than half of what she says;his word is to betaken if that amount is equal to or less than what he says;if the amount is in between,both parties have to swear and that average beneficial amount becomes incumbent upon him. According to Abu Yusuf his word is to be taken before/after the marital relation,except if he mentions as dowry an amount which is not usual and traditional. Any one of them proves,that is to be accepted.If both of them have evidences at the same level,his eviedence is to be taken in the cases her dord is working and her evidence is to be taken in cases where his word is working.If teh parties disagree on the origin of dowry,then the average amount of dowry is to be paid. If one of then dies,the rule to be taken as both of them are alive.If both of them die after the sex,if the heirs disagree on the amount,the word of the husband's heirs is to be taken according to Abu Hanifah,any small amount given previously won't be subdtracted from his assets.According to Muhammad it is like he is alive. If thge heirs disagree in the main dowry,then the average amount of dowry is incumbent according to two imams and this is the fatwa.According to Abu Hanifah the of one who denys the fixture of dowry is to be taken,and nothing is incumbent. If the husband sends her some thing,she says it is a gift,he says it is dowry,his word is to be executed in things which are not meant for eating. 118 / If a zimmi man marries a zimmi lady.or a no-muslim living outside of muslim state marries a non-muslim woman livin like him,and the marriage takes place in a non-islamic country,the dowry being a dead body or having no dowry at all,and that type of mariage is valid in their religion,she won't get any thing.Two imams oppose this view,no matter she was involved in sex or divorced before that or one of them already died. If a zimmi marries to her on certain alcohol or pig,then both of them or one of them are converted to Islam before she gets it,she will have it;but if it is not specified,she will get the value of alcohol and the average amount of dowry in the pig issue.According to Abu Yusuf the average dowry is necassry in both of the ways.According to Muhammad the value is to be taken in both of them. In a divorce issue before the sex,givin some benefits her is obligatory according to who sees paying an average amount of dowry and half of the value is necessary according to one who sees it necessary. Marriage of the Slave Marriages of the slave.she-slave,a slave whose manumission is suspended to the death of the patron (mudabbar),a slave who has freedom of earning for himself and paying off fpr his manumission (mukatab) and she-slave who gave birth to her patron are suspemded contracts,if they are done without the consent of the patron.If he approves,then it becames valid,otherwise it is void. If the patron says "divorce her revokably",it means consent,but not "divorce her" or "seperate yourself from her". If those mentioned ones make marriage contracts with the consent of the patron,the dowry is their personal duty;slave may be sold for that,mudabbar and mukatab are to work for that cause and these two are not to be sold. The consent of patron for the marriage comprises the valid and non-valid marriages.So he is to be sold for the dpwry,if hje makes a voidable marriage and makes sex with her.The permit (consent) gets completed with void marriage;because of this if 119 / he marries after this a valid marriage,that becomes suspended until the new consent is issued. If he let marry his slave who is authorized to make business on behalf of his patron and who is drown in debt,that is also a valid marriage and the wife will be one of the creditors,sharing the average amount of the dowry. Any one who joins his she-slave as wife to a person,he does not need to give her accomodation.And the husband makes marital relation with her whenever he catches her.The husband has no obligation of looking after her from the point of maitenance,what he needs to let both of them enjoy privacy in the home of husband and the husband is not to benefit from her service.If the husband gives her accomodation,but the patron revokes what he has done,that is valid.So the obligation of mauintenace become invalid.But if she serves her without being asked by him to do so,then the maitenance does not get inactivated. If he lets his she-slave marry to some body,then kills her before the sexual intercourse,the dowry in this case gets nullified;it is just opposite if the free woman kills herself before the sex. To give permit for birth control regarding the she-slave is the right of the patron.According to two imams she has the right. If a she-slave,no matter whether she is just normal slave or one who is auohorized to work for himsel and pay ransom for her manumission,marries to person with the permit of her patron,then she is bfreed,no she gets a choice of annulling the marriage,no matter whether the husband is a free man or a slave. If she-slave marries without any permit and then manumissioned,the it is valid.The rule is the same regarding the he-slave.She has no coice. Whatever fixed as dowry goes to the patron,if she is sexually approached before the manumission.It igoes to her in case she was sexually approached after the manumission. Any one who approaches sexually to the she-slave of his son,then she gives birth and the father claims fatherhood of that child,his relation gets attached to hi and he (the father) is to pay her value,nor her dowry or value of the child.The she-slave,consequently,becomes Umm Walad ( a she-slave who gave birth to her patron,and can be sold since then). Grandfather is like the father if the father is dead,not before that. If the patron lets his she-slave marry to his father,that is 120 / valid;the father is to pay her dowry,not her value.If she gives birth to a child,she does not become Umm Walad.The child is free becuse of his kinship. A free lady said to the patron of her husband "befree him for me on one thousand",he did that;marriage gets nullified in this case and she has to pay the thousand and wala' ( relation between the freed slave and last patron) goes to her.If she befrees the slave for her atonement (kaffarah),that is vali,provide she intends it. If she does not say "one thousand" ,marriage does not become void and wala' goes to the patron,Abu Yusuf has an opposing view. The patron can oblige his slave (male or female) to marriage,but not she/he mukatab. Marriage of a Non-believer When a non-believer marries without witnesses or in the waiting period of a non-believer husband,and that is permitted according to their religion,and then both of them are converted to Islam,their marriage will be acknowledged;the two imams oppose this opinion in the case of waitin period,mentioned above. If fire-worshipper marries to hisnon-marriable relative,then they profess Islam or one of them accepts Islam,they are immediately to be seperated.The seperation will take place,if both of them appeal to Islamic court;if one of them appeals,they won't be seperated. The child is muslim,if one of the parents is muslim originally or by conversion.The child is supposed as ahl kitab ( people of scripture) if he is borne to an ahl kitab and fireworshipper couples. If the wife of a non-beliver or fire-worshipper husband accepts Islam,Islam will be propesed to the other couple;if he accepts it,then she stays married to him.Otherwise,they would be seperated.If the husband refrains from acceptin Islam,then seperation means divorce.Abu Yusuf is of the minority opinion.But 121 / if she is one who abstains there will be no divorce.She will have dowry,if that happens after the sexual approach,otherwise the half of it,if hei is one who abstains;nothing will be,if she is one who abstains. If it happened in their non-islamic state,the wife won't be decisively divorced until she menstruates three times before the other couple accepts Islam.If the husband of a woman of the people of the Scripture accepts Islam,their marriages stays as it is. The differences of states of two couples ( one in islamic state,the other one is in non-islamic state) is enough reason to seperation.To fall captive does not lead to that. If one of the couples come to us as muslim or as captive,the wife becomes divorced decisively.If both of them fall captive,no. Any one who migrates as muslim woman to us,she is decisively divorced and there won't be any wating period for her.Two imams oppose to this idea. The apostasy of one of the couples is an immediate annulment of marriage.According to Muhammad apostasy of the husband is an automatic divorce.In the case apostasy,the woman with whom sex is made will have the dowry;in other case the half of it,if he is one who apostatizes.There is nothing for her,if she is one who apstatizes. If both of the couples apostatize and return to Islam together at the same time,she won't be seperated.But if each one accepts Islam foolwing other,then the wife gets seperation. No apostatized person,man or woman,may marry any body. Chapter on Husband's Equal Sharing With his Wives It is thed duty of husband to keep equity and justice in passing the nights with his wives,not in making sex with them.The virin,the non-virgin,young and old,muslim anf woman from the people of the scripture,all are equal in this regard.The she-slave,the slave whose manumission is suspended to the death of her patron,the she-salev who got authority to have her own business and pay for her ransom and Umm Walad,all will get half rights of a free wife. No such equity rule is to be observed while travelling;the husband takes with him whoever he wishes.But drawing is better. If she declines for her mate,that is good.She has right to revoke it. 122 / The Book of Breastfeeding That is sucking of a suckling baby the milk of breast of a woman while he/she is in certain phase of age.The rule will work by getting milk,little or much,in the specific period,not after that. The period of time is two and half years.AAccording to two imams it is two years only. By the breastfeeeding the marriage gets prohibited between relatives as it is in real blood relationship,except the grandmother of the father of suckling,his sister,his aunt (father's sister),mother of suckling's uncle's (brother of father of suckling),same line sister's mother,uncle's or aunt's mother,mother of mother's brother or sister and the breastfed brother of the son of his wife. You may extend the rule like that by analogy. It is lawful to marry brother's sister,breastfed and by birth,for example brother from father side,he has a sister from his mother,she can marry to his brother from father side. Two persons who are breastfed by the same mother can not marry each other,even their periods of breastfeeding are different. No marriage between breastfed child and the real children of breasfeeder.no matter how far the descendants go down. The husband of a brestfeeder woman,who got her milk from birth she gave to him,is father of the breastfed child,his son is brother,his daughter is his sister,his brother is his uncle and his sister is his aunt. There is no restriction of marriage if they,both, suck the milk of one sheep or from a man. No restriction in case of injection of a wmoman's milk. The milk of a virgin and a dead body establishes the restrictions. Pouring the milk into the noses is also restricts the marriage. 123 / Any milk mixed with food makes no restrictions.But two imams are of the minority opinion in case the milk has an overwhelming percentage. The overwhelming element is to be considered if the milk is mixed with water,medicine or milk of a sheep.The same rule if it is mixed with the milk of another woman.According to Muhammad the restriction is to be established from the points of these two women. If a wife breastfeeds her co-sharer wife of her husband,the restrictions get established.There is no dowry for the adult woman ifshe was not sexually approached.But the minor will have half of the dowry and she may return for compensation to the adult one,if she knew that there was a marriage and she intentionally wanted to annul it.The case is just opposite,if she did not know it and she intended to feed the hunger or eliminate the danger or was not aware of the fact that it will invalidate it.Her word is to be taken in terms of intention. The restrictive rules of breastfeeding gets established with anyy word which establishes the ownership.If he says "this is my sister from breastfeeding",then he claims that he made a mistake,he is to be truth teller. The Book of Divorce Divorce (talaq) is the removal of teh ties established by the Islamic Law regarding the marriage. The best way is to divorce her once in each non-periodical time,in which there was no sexual intercourse.Then leave the issue like that until the period finishes. The good level of divorce,that is also sunni way,is divorcing her three times,in three non-menstruating cleanness periods,where no sex took place,if she was prevously approached sexually.If she was not approached,one divorce only.This is so,even when she is in her period. Any woman who is cut off from her periods,a minor girl and pregnant woman all are to be divorced,in sunni way,eachmonth a divorce.According to Muhammad a pregnant woman,can not be divorced in sunnin way more than once. 124 / It is allowed to divorce them after the sexual intercourse. Non-sunni (bid`aah) way of divorce is divorcing her with all three or two rights in one word or in a non-menstruational cleanness period,the divorce being irrevikable,if she was sexually approached,or divorcing her in cleanness period in which he had sex with her. To divorce her in her menstruation period is also non-sunni way;according to the authoritative view it is to be revoked.It is said that is good.If she gets cleaned,then menstruates,then gets cleaned,he may divorce her.It is said that he is allowed to divorce her while she is clean after the menstruation period. If he says to the wife who was sexually approached "you are divorced three times according to sunnah",in each cleanness period one divorce occurs. If he intends that all of the three occurs once at a time,then his intentions works. The divorce of a sane and having reached to puberty is valid,even he is forced to or drunk,deaf if he declares with his understandable signs.The divorce of the minor,or insane,sleeping person and the patron's divorce the wife of his slave are not valid. The number of divorce depends on the stauts of women.The husband has three rights of divorce regarding the free woman,even if she is the wife of a slave.The divorce of a she-slave is two,even if she is the wife od a free man. Chapter on Execution of Divorce The clear word for divorce is aword which is used solely for this meaninf and there is no need for intention.That is "you are divorced (taliq or mutallaqah)" and "I divorced you". It occurs 125 / by each one of them one revokable divorce.This is so,even if he intends more or decisive divorce. If he says " you are divorce (talaq)",or "you are divorced of divorce (taliq al-talaq)" or "you are divorced a divorce "taliq talaqan" it occurs by each one of them, one revokable (rij`iyyah) divorce;if he ads to the expressions above "another divorce",then it occurs two divorce.If he makes an intention for the three divorce,then they occur. Divorce occurs if he attributes to her as a human being and or to the parts which mean the whole body like the neck,head,face,spirit,body or vagina or any unspecified fraqction of the body,such as half and one third.But it is just opposite if it is atributed to her hand,foot,back or abdoman. If he divorces her half of a divorce,or one sixth of it or one fourth,she is divorced. If he says "you are divorced of three halves of two divorces",then three divorces occur.If he uses the expression of "thre halves of one divorce",two divorce occurs.Some said "three" divorces occur.In an expression "fom one to two divorces",it occurs one divorce only.According to two imams,two divorces occur.If he says "to the three",then it occurs two,according to two imams it occurs three divorces.In an expression of "one in two",it occurs one divorce,if he did not intend any thing specific or he meant multiplication or calculation.If he intends one and two,with the two,thyen it occurs three divorces.If the 126 / wife is not sexually approached it occurs one in "one and two",if he means "with the two",it occurs three.In an expression "two in two",two divorces will occur,even if he means the multiplication. If he says "you are divorced from here to Sham (Damascus)",one revokable divorce will occur.In an expression "you are divorced in Makka",sh is automatically divorced at the place she is in.If he says " when yo entere Makka" or " in your enterance to Makka",it won't occur as long as he does not enter it."The home" is the same. Chapter If he says "You are divorced tomorrow ( or in tomorrow)",next mornig it becomes effective.If he intends that it will be effective at Asr time,that is valid from point of religion (diyanatan);but in second (that is "in tomorrow") it is acceptoble from the point lawsuit.The imams have an opposing idea. Igf he says "you are divorced today tomorrow (tomorrow today),the one which is mentioned first will be meant. If he says "you are divorced before I marry tou",that is meaningless.It is the same if he says "you are divorced yesterday",if he married her today.If he maaried her beforhe "yesterday",the divorce gets effective at the moment is is pronounced. If he says "you are divorced as long as I do not divorce you (or at the time I do not divorce you)",then he keeps himself silent,she is divorced automatically at that moment.If he suspends three divorces to the expressions mentioned above,the three divorces occur with his keeping silent.If he uses the sentence with liason (wasl,contraction),one talaq (divoce) will occur.If he says "if I don't divorce you,you are divorced",no 127 / divorce occurs until one of the couple die. If uses "when (iza)" without any intention,it is interpreted as "if (in)". According to two imams it is like "mata".If he makes an inrention of condition or time,then that is what he intends. "Day (yawm)" means "daytime (nahar)" if it is used with verb which contains a continous and extending act.It means jus time,if it is used with a verb which means a non-extending action. If he says "your affair (amr) is in your hand the day Zaid comes",then if Zaid comes night,she won't get the choice of not being divorced.If he says " the day I marry you,you are divorced",then he marries her night time,the divorce occurs.If he says "I am divorced from you",it has no effect,even iof he intends it. If he says "I am decisively sperated (bain) from you" or "I am prohibioted (haram) to you",the wife becomes decisively divorced,provided he means it.If he says "You are divorced with (ma`a) my death" or "with your death",it is also meaningless.It is the same If he says "you are divorced one or not".According to one reprot Muhammad opposes this opinion. If he owns,wholly or partly,his wife who was she-slave of any one else, or she owns her husband wholly or partly,then the marriage is nullified.If he divorces her after that,that is meaningless. If he says to his wife who is the she-slave of another person "you are divorced two times together with the manumission of tour patron",then the patron frees her,then the husband gets the right of returning to her.If she conditions her two times divorce to the advent of "tomorrow", and her patron also conditions her freedom to its advent,then the next day came,in this case she is not lawful to him until the second marriage is is invalidated.According to Muhammad he ows the right of returning her. She waits the waiting period as a free woman according to unanimously accepted view. Chapter 128 / If he says "you rae divorced like this" pointing his own fingers,divorce occurs at the number of fingers.If he points inner side of the fingers the stretched ones are to be conunted;if he pointes outer parts,closed fingers are to be counted. If he qualifies the divorce with some sort of severety such as "you are decisevely divorced (or indeed,or as the worst divorce,the most disliked divorce,or the srongest,the divorce of Satan),or puts some phrases denoting the non-traditional innovations,such as muntain,thousand,ful of a home,strong divorce,long or wide divorce,in all of this only one decisive divorce occurs without any intention.That will be the same even if he intends two divorces;except if he says "...divorced one,divorced decisively or another one decisively",then two divorce occur.It is valid if three are intended in all of them. Chapter If a wife who is not sexually approached is divorced three times,all three occurs.If he says it in three independant sentences,then the first one occurs;the second one becomes meaningless. If he says "you are divorced one and one",only one divorce occurs.Same will happen if he says "..one before/after one".But if he says " one after one,or one which there is one before,one with one,or one together with one",two divorce occur in all of them.If the wife is sexually approached to divorces occur in all of them. 129 / If he says "if you enter home,you are divorced one and one",then the wife enters the home,one divorce occur.According to two imams two divorce occur.If he uses the condition "if" at the last section of the sentence,two divorce occur unanimously;and the number which is used together with divorce will be valid. If the husband dies before the utterance of the number as he says "you are divorced one,there is no valid divorce. Chapter on the Divorce with Symbolic Meanings (Kinayat) Symbolic meanings are the meaning of words which has the meaning of divorce and some other meaning. No divorce occur with these kind of word except wit an intention or the contextual hint. "Observe your waiting period",Observe ypur womb clean" and " you are one" sentences uteterd by husband are these type of divorces and one revokable divorce occur with each one of them. With the words besides these symbolic ones,an irrevokable divorce occur,except the three are nerant;in that case the three occur.Two dovorces may not be meant at all. The non-symbolic (that is the words which are not kinayat) are the followings:Irrevokably divorced,decisively,relation is broken,haram.free,no ties,your destiny is in your head,join to your family,.I gave you to your family as gift,I released you,I am seperated from you,your destiny is in your hand,you hace choice,you are free,put your veil on,put your dress as foreigner on,go away,get out,go.look for marriage". If he dinies any intention,he is to be taken as true,provided he was in a calm mood while it was uttered.But in judiciary procedure (qadaan) he is not to be considered as true in the terms which are used for answers (not for rejection) while it is used durin the discussion of divorce.He is also not to be 130 / considered true while he was angry using the words good for answering divorce,not rejecting and slandering it.He will be taken as true in all of them from the point of fatwa (diyanatan). If he says three times "observe your waiting period" and he intends with the first the divorce,and the rest menstruation periods,his word is to be based on;if he does not intends with the rest any thing,then three divorces occur. She is divorced if he says "you are not my woman" or "I am not your husband",if he intends the divorce. A word having clear literal meaning (sarih) in this regard,follows its type and irrevokable divorce,but the words related with the irrevokability of divorce (bain) follows sarih.And it does not follow irrevokable divorce,except the case where it is conditioned wit a condition. Chapter on Delegating the Divorce If he says her "you choose" meanig the divorce,then she chooses herself in the place she gets understanding of that,she becomes decisevly divorced as one.Three divorces are not to be meant at all.If she gets up from that place or gets involved in some thing else,that becomes void.It is necessary to use the expressions of "myself" or "choosing" in at least a sentence of one of the couple.If he says her "you choose" and he says I am choosing myself" or "I have chosen myself",she is divorced.If he says that three times,and she says "I have chosen the first or the middlew or the last",three divorces occur without any intention.According to two imams one irrevokable divorce occurs. 131 / If she says "I have chosen choice (ikhtiyaratan) three divorce occur unanimously.If she says "I divorced myself" or "I Ichoose myself by a divorce",she becomes decisively divorced,according to the most authentic view.Some say that "he has the right to revoke it". If he says "your affair is in your hand in one divorce" or he says "you choose yourself one divorce",then he chooses herself it happens one revokable divorce.If he says "your affair is in your hand" meaning three times of divorces and she answers "I have chosen myself one ( or one time )",three divorces occur.If she says "I divorced myself once" or "I have chosen myself with one divorce",then one decisive divorce occurs. If he says your "your affair is in your hand today and after tomorrow",the night is not included.If she refuses it in "today",her authority won't come back "after tomorrow". If he says "... today and tomorrow",the night gets included.If she refuses it "today",nothing will be left for "tomorrow". If she stays a day after the delegation and does not stands up,or she was standing and after that she sits,or she was sitting and she lied down,or she was lieing she sat,or she was riding on horse she was stopped or she called her father for consultation witnesses to make them witness,her choice won't be void in all of these cases.If her horse goes away it becomes void,but it is not void if the ship she is in floats. If he says her "divorce yourself",but he does not intend any thing or just intends only one divorce,then she divorced,in this case it occurs one revokable divorce.Same will happen if she says "I decisively seperated (bain) myself". If she divorces three divorces and the husband already intended it,the three divorces 132 / occur and the intention of two is meaningless. If she says "I have chosen myself",she does not become divorced and he won't get the right of revoking it after he says her "divorce yourself". Divorce process is restricted with the sitting (majlis) except if he says "whenever you wish". If he says her wife "you divorce my other wife",says to a person"you divorce my wife",he will get the right of revoking it.This won't be restricted by the sitting except in the case of if he adds "if you wish". If he says her "divorce yourself three times",then she divorces her one,one divorce occursother weay round no divorce will occur.According to two imams a divorce will occur. If she divorce herself one after his word of "you divorce youself three times if you wish",no divorce will occur.It is the same when the things are just opposite.According to two imams only one divorce will occur. If he instructs her as irrevokable/revokable divorce,but she reverses it,the one which was ordered by him will happen. If he says her "you are divorced,if you wish" and she syas "I wish, if you wish" and he says "I wish" meaning the divorce,nothing will occur.The same rule will work if he suspends it to the wish of some thing which is noneexistant.But if he suspends it to an existant thing,the divorce will occur. If he says "you are divorced when you wish (or any time you wish- in arabic mata,mata ma,iza and iza ma preposotions are used),then she refuses it;so in this case her delegation does not get revoked;she has the right to divorce herself once any time she wishes.Her right won't exeed one divorce. If he says her "you are divorced whenever you wish (kullama shi'ti)",she will have right to divorce herself three times each 133 / one being sperate (not all of three at one time).She won't have same right after getting divorced and marrying another person and getting divorced from him as well. If he says her "you are divorced whereever you wish (haithu or aina shi'ti)".she won't be divorced unless she gets up from her sitting place (majlis). If he says " how you wish (kaifa shi'ti)",if she wishes in compliance with his intention as revokable or irrevokable or three times divorce,it occurs as it is;if their intentions clash then it occurs as revokable one. It is the same if he does not wish.According to two imams nothing gets realized.If he has no intention,it occurs what she wishes. If he says her " you are divorced how much you want (kam shi'ti) or how many you like (ma shi'ti),she may divorce herself how much she wants in the same sitting,not after that.If he says "divorce yourself from the three how much you want (min thalathin ma shi'ti),she has right to divorce herself any amout less than the three,not three.The two imams oppose that view. Chapter on Conditioninig Conditioning is only good in the area of ownership (marriage).such as he say to his wife "if you visit.you are divorced";or in the areas which attached to the ownership,such as if he says to third person lady "if I marry you,you are divorced",the divorce occurs if he marries her. If he says to a third person woman "if you visit you are divorced",then he marries her,aftyer that she visits,she won't be divorced in this case. The prepositions of conditioning are "if (in),when (iz,iza ma),whenever (kull,kullama,mata,mata ma)".In all of the above mentioned concepts whenever conditioning is there,there will be 134 / no oath;except in "whenever (kullama)". oath ends after the three as long as it does not precede the marriage (tazawwuj).If he says "whenever I marry (kullama tzawwajtu) a lady,she is divorced",she gets divorced in each marriage,even if that marriage is after the another husband. If he says "whenever you enter in the home (kullama dakhalti),you are divorced",she won't be divorced fater thethree or after the other husband. His loosing the ownership (milk) won't nullify the the oath (yamin).having been in real marriage (milk) is a must condition for the performing the divorce,but for undoing the oath. If the condition is there,the oath is undone and divorce occurs,otherwise the oath is undone and no divorce occurs.If both of the couple disagree on the existenece of the condition,his word is to be taken,except if she supports hers with an evidence.In the areas one can not know,but from her,her word is to be taken in the subjects related to her,not related to others. If he says "if you are get menstruation you and some body are divorced",then she says "I got menstruated",she is divorced,not the other woman. Rule is the same if he says "If you wish the punishment of Allah,you are divorced and my slave is manumissioned".If she says "I like",she becomes divorced,but the slave does not get free.No divorce will occur in the case of "If you get menstruated" until ther bleeding lasts three days.If it lasts three days,the divorce will be effective from the beginning of th bleeding. If he says "if you menstruate a menstruation (haidatan),divorce will occur when she gets cleaned. If he says "if you deliver a boy,you are divorced one;if you 135 / deliver a girl,you are divorced two",she gave birth to both of them; no body knows which one is the first,she is divorced one from the point of justice,but two from the point of relgion (diyanatan).And the waiting period ends. If he suspends divorce with two different conditions,it is necessary to be the relation of marriage contract there in the last one.If both of them or the last one is executed while marriage relation is there,divorce will occur;if both of the conditions or the last one of the two happens to be exxecuted whene there is no more such marriage realtion there,the divorce does not occur. If three divorce have been executed,then its suspension to the three becomes void.If he sospends three divorces to a condition,then he executes the three before the executuion of the condition,then he marries her after she was married to a third person and divorced from him,the the condition is there,nothing happens. If he conditions the three divorces or the manumission of a slave with the sexual intercourse,no dowry is necessary to be paid by waiting after the entering of the penis in the vagina and the husband does not revoke in a revokable divorce until he pulls it back and causes it enter second time.Abu Yusuf has a minority opinion in this regard. If he says to his wife "if I marry her on you,she is dovorced",then he married her in the waiting period of the his wife benig irrevokably divorced,she is not going to be divorced.This so even if he adds to "you are divorced" the expressions of "if Allah wishes (in shaa Allah)" or " even if Allah does not wish in lam yasha' Allah)" or "as long as Allah wishes (ma sha' Allah)" or "as long as Allah does not wish (ma lam yasha' Allah)" or "except Allah wishes (illa an yasha' Allah)" ;in all of these cases she is not to be divorced.Same rule will work if she dies before his utterance of the expression of "if Allah wishes".But if he dies,the divorce will occur. In the expression of "you are divorced three excepy one (thlayhan illa wahidatan) two divorces occur;in "two except one",one divorce occur.In the expression "except three",three divorces occur. 136 / Chapter on Divorce of a Patient The state in which a man may smuggle the divorce matter and his donation won't be accepted except up to third of his assets,is the state in which perishing is overwhelmingly expected.Such as a sickness which prevents one from executing his needs outside of his house and from fighting any man so that he may be pulled to be killed for the retaliation or stoned as punishment. If he divorces his wife while he is in this state,then he dies in the same state or in naother state while his wife is in waiting period,she becomes heir.It is the same if she asks him for one revokable divorce but he divorces her three divorces. Decisely divorced wife will also inherit if she kisses with sexual desire the son of his husband. If he decisively divorces her while he is in confinement,or in the front row of war,or impresoned for retaliation or stoning punishments,or he is able to do hisworks outside of his home,but with complaint or having fever,in all these cases she won't inherit him. Also a wife who has bought her divorce (khul`) or who has choice of devorcing herself and has already chosen divorce,does not inharit her husband.Also same rule is to be applied to one who is divorced three times by her wish or by the wish of one other than her,but the husband got health from the desease,then he died.Also a wife who is converted to a religion from Islam after she was decisively divorced,then accepted Islam. Same rule is to work regarding a woman who is seperated from her husband because of her husband penis is cut off,ipotency,or had achoice after getting adulthood and she chose to seperated or chosen to be manumissioned.If these last cases happenedto be while she was sick so that she was unable to take care of her house's needs,then she died while she was in her waiting period,the husband inherits her. If he decisively divorces her with her wish while he is sick or 137 / both of them accpeted that as truth that the divorce happened while she was helathy,and waiting period already expired,then he made a will for her or aknowledged a debt for her,she is eligible to get which one is less from shares of inheritance or will and debt. If he suspends the divorce to an act of a third person or advent of a time,then the condition occurs,if the suspension and conditioning happens to be in his sickness she becomes inheritant;but if the suspension or the conditioning happens to be while he is he is healthy,she won't get inherit. If he suspends divorce to his own act while both of them are ill or the condion was made in health period,she inherits him.She will also inherit if he conditions divorce with the acts of both of them,an act which is necessary for her,and this happens to be while both of suspension and conditioning or only conditioning happen to be while he is ill.Muhammad opposes this view.But if she is in need of the actions,she won't get inherit in any way. If he makes qazf (accuses her with cheating) her or condemns her (mula`anah) while he is ill,she inherits him.Same rule will work if qazf is made in healthy period and condemning in illness;Muhammad opposes this idea. If he swears that he will stay away from his wife (ila') and she is divorced decisivly from him,if both of them happened to be while he was ill,she gets inherit.But if swearing happens to be in his healthy period.she won't get inherit. In revokable divorce she will inherit in all cases,provided he dies while she is in her waiting period.Otherwise,she won't. Chapter on Revoking the Divorce It is continuing the marriage relation while the waiting period did not expire. Any one who divorces her with clear meaning word for divorce or with first three words which have contextual meaning (kinayah) 138 / without describing them with any kind of severity and divorce is not done against any property,then he has right to revoke it.No matter whether she avoids it or not.That is possible as long as she is in her waiting period. His return to her will be by saying to her "I retuned to you",or "I returned to my wife";or by doing an act which necessitates the prohibition of marriage such as sex,or touching ot things like that made by one of the couple. It is good to have witnesses for that or to proclaim it. If he says after the waiting period is over "I had returned to you in wating period",and she approves it,it is valid;otherwise it is not. If he says to her "I had returned to you",but she answers him "My waiting period expired",her word is to be taken and his return is not to be valid.The two imams are of the minority opinion. If the husband of a she-slave says afyter the waiting period "I had returned to you in waiting period" and the patron approved it,but she disapproved it,her word is valid.According to two imams patron's word is to be taken.But if the case is just opposite,then the word of patron is unanimously to be taken acording the correct view.If he says "I returned to you" and she says "my waiting period expired" and he dinies it,then her word is valid. When she gets cleaned from the last menstruation period for a ten days period,the right to return and revoke ceases;this is so if she does not wash her body.If her manstruation gets cut off for less than ten days,his right to revoke does not cease until she washes her whole body or a prayer time passes on her,or she makes tayammum and prrays a prayer.According to Muhammad revokability ceases by making tayammum,even if she does not pray. If the wife is ahl kitab (from the people of scripture) the revokability ceases just by the ceasing of bleeding,as 139 / unanimously accepted. If she washes her whole body and forgets a part less than an organ,revokability is cut off;but if she forgets an organ,not.Each one of the cleansing the mouth and nose is considered as less than an organ.According to a report made from Abu Yusufit is considered as a full organ. If he divorces a pregnant woman or woman who gave birth from him and denied the sexual intercourse with her,he has right to return to her. If divorces a wife with whom he enjoyed the privacy,but he denies sexual intercourse with her,he has no right to return to her. If he returns then the wife gives birth to him after return in a period less than of two years time,the return is effective. If he says to her wife "if you give birth,you are divorced",then she gives birth to a childmafter that giges birth to another child from different pregnancy,the second birth is considered as revoking the divorce.If he says "whenever (kullama) you give birth,you are divorced",and she gave birth to three children in three pregnancies,second and third children are considered as revoking.But the third birth completes the three divorces. Woman must observe the waiting period by quru ( menstruation period or cleanness period). A woman who is revokably divorced may show her femininity and makes herself up. It is an ethical rule to that he must not enter her room without informing her,if he does not intend to return her. He has no right to take her with him to journey until he returns her. A revokable divorce won't prohibit the sex.He may marry in the waiting period and after it to his wife whom he divorced with a number less than three. A free woman is not lawful after three and the she-slave after 140 / two divorces,except after the sexual intercourse can be made by another husband in a valid marriage and expioration of the waiting period.She won't be lawful even if he owns her. Sexual intercourse of an adolescent boy makes her lawful to ex-husband,on the contrary of the patron's sex with hhis she-slave. The requirment here is the penetration of penis,not necessary to discharge the sperms. If he marries her just for making her lawful for ex-husband,that is bad;stil she becomes lawful for th ex-husband.According to Abu Yusuf marriage is vod and she is not lawful to him.According to Muhammad the marriage is valid and she is not lawful for the first husband. Second husband erases what was under the three as is the case in three divorces.Muhammd is of the minority opinion. A woman who was divorced with a number less than three,then she returns to first husband after the second husband,she resumes the three divorces.According to Muhammad she returns with remaing divorces. If awoman who was divorced three times says "my waiting period from you expired.and I married another person and divorced and the waiting period was also finished",and the time facilitates it,he must accept her as true,if overwhelmingly thinks that she is true. Chapter on His Swearing that He Won't Touch Her Ila' is his swearing that he won't touch her (wife) in tems of sexual intercourse during the fixed period of time.Thet is two months for the free woman and two months for the the she-slave.If he swears for a period less than that,there is no ila'. Its consequence is that one decisive divorce occurs,if he keeps his swearing.Kaffarah and penalty becomes necessary if he breaks it. If he says her wife "by Allah,I won't come close to you" or "Iwon't come close to you four months",he is having ila. It will also be the same rule to be applied if he says "if I come 141 / close to you,then making hajj,or fasting,or giging charity is due for me,or you are divorced,or his slave is free".If he touches het in the certain period of time,he becomes breaker of his swear,and his ila' gets void;otherwise she becomes devorced decisively by the passage of the period and his oath (swear) gets void,if he had sworn four a period of four months.His oaths stays effective if he left it with no modifier of time being mentioned.If he marries her second time,his ila' returns back effectively.If one more period of ila' passes without any sexual relation,then the wife gets divorced decisevely once more;that works as the same,if he marries her third time. If he marries her after another maariage made to a third person,then there is no ila'.Swearing stays effective.If he makes sex with her,kaffarah or penalty gets necessitated and she does not get divorced by the passage of time,if he does not make any sex with her. It is the same rule to be followed if he makes ila' from a woman to whom he is not married or a woman who is already decisevely divorced.But if the woman is divorced revokably wayy,then she is equal to a wife. No ila' can be done for a period less than four months.If he swears saying "by Allah,I will not approach you two months after two months,this will be considered as ila'.If he waits a day and then he says I will not approch you thwo after the first two months,that will not be ila'.It won't be also ila' if he says "I will not approach you a year except one day".If he approches her ahile four months are left from the year,then it becomes ila'. If he says "I will not enter Basrah",while his wife is there,he will not be considered as doing ila'. If the one who does ila,is unable to have sex with her because of his and her illness,or her vagina is closed,or she is still minor,or her penis is cut off or there is four months distance 142 / between him and her,to revoke ila' in all of these cases he has to to say "I returned her",if the excuse lasts from the time of taking the oath to the end of the period.If the reason goes away,returning must be by the actual sex. If he says "you are unlawful to me",he becomes doing ila',if he means unlawfulness or did not mean any thing.If he means zihar (type of divorce),then it is zihar.If he means lie,then it is lie.If he means divorce,then it is decisive divorce.If he means three times of divorce,then it like that.The religious opinion is that it will be divorce,even he does not mean any thing. The rule is the same if he says "all lawful things are unlawful to me", or "waht I have in my right hand is unlawful to me" ,the meaning coming from the traditional usage. Khul` Khul` means seperating and splitting from the wedlock.It is said that khul`,is her sacriice some of her wealh and property to let the husband divorce her because of this business.Nothing wrong with that in case of need. It is not good for him to take any thing,if he is one who has fault.It is also not good for him to get mor than waht he has given,if the fault lies with her. Any divorce made by this way of khul` and by any kind of propety is consodered as decisive divorce.AAnd it becomes obligatory to have give the amount fixed. Whatever is good for dowery is also good for for khul`.If the property to be given is void and not valid legally,then it becomes decisive divorce.In a general divorce,it is counted as revokable with no property to be given.For example if he,being 143 / muslim, makes khul` or divorce her on getting alcohol or pig or dead animal,or tells her "make khul` for what I have in my hand",although he has nothing in his hand.If he says ".. for what I have in my hand from dirhams (darahim-money)" and he did not have any thing in it,she has to give three dirhams. If she says "make me khul` for wahat I have as propety in my hand",then it is necessary for her to give bach her dowry. If he makes her khul` for her slave who escaped with a condition that she will not be held responsible for her to compensate for him (slave),she does not become exempted from the it;so it is incumbent upon her to bring the slave and give him,if possible,otherwise she has to pay his value to the husband. If she says him "divorce me three times for one thousand (bi-alfin)",but he divorced her one time,then he dets one third of thousand and she becomes decisively divorced.If she says ".. upon thousand (`ala alfin)",divorce is revokable.and nothing is due according Abu Hanifah.According to two imams the function of " `ala" is like "bi". If he says her "divorce yourself three times for one thousand (bi-alfin or `ala alfin),and she divorced herself one time,no divorce occurs.If he says "you are divorced for thousand (bi-alfin or `ala alfin),and she accepts it,then she is divorced decisevely and she is to pay the amount. If he says "you are divorced,whereas you owe a thousand",or the patron says his slave "you are free,whereas you owe one thousand",she becomes divorced anmd the slave becomes free having nothing to pay.This is so even if they do not accept it.But according to two imams they are not as long as they do not give their consent.If they accept,the amount becomes due. Khul` is a reciprocative for her,so she may revoke itbeforehis acceptance after her offer. Right of choice (khiyar) goes to her. Khul` becomes invalid if he stans up from his place before saying any thing. Khul` is an oath for him,so he may not revoke it after he offers 144 / her.It is not valid to give the right of chioce to him.And it will not be invalid before her acceptance if hegets up from the place. The position in the slave issue regarding his freeing for property,is like her status. If he says her "I have divorced you yesterday for a thousand,but you did not accept it",if she says "no,I accepted it",his word is to be taken.If a seller says like that,the word of client is to be taken. Mubara'ah ( reciprocal type of declaring that bot are away and got rid of from each other) is exactly like khul`.Each one of them annuls any right of the spouse over the other, which may stem from the marriage.So she may not ask dowry or any fixed past cost of living and he also may not ask to get back what he had payed as living cost ain advance but the period did not expire so far.He also may not ask back the dowry he delivered and made khul` before having privacy with her.According to Muhammad nothing is annulled but what they both fixed in them.Abu Yuasf is with Abu Hanifah in the Murara'ah issues and with Muhammad in Khul` matters. If the farther makes khul` his minor daughter from her husband for a property,no prperty is due and no dowry is annulled,and she becomes divorced according to the best of the views. This issue in an adult daughter depends on her acceptance.If the father makes khul` guaranteeing it,the property becomes his duty.The daughter gets divorced. If the husband puts some proprerty to be given by her mminor wife,she becomes divorced without any thing if she already accepts it,otherwise se will not be divorced. A khul` of a she-patient who is at the brink of death (marad al-mawt) is valid for a third of her assets. Chapter on Zihar 145 / It is a to liken his wife or a part of her body which represents the whole body or unspecified part of her body to the organ of a relative to whome he may not marry islamically even if the relation stems from breastfeeding. If he says his wife "you are for me like the back of my mother" or "your head" or an organ like that,or "half of your body" or a part like that,or "like her abdomen,like her whip" or like the back part of my sister,my aunt" or some body like that,it becomes prohibited to have sex and the related acts with her until he peformes what is prescribed as atonement (kaffarah).If he makes sex before the penalty,he has nothing to do but to repent and to observe the kaffarah priscribed for previous act.He will not repeat the sexual act until he pays the penalty (kaffarah).His return which necessitates kaffarah is his resolution and will to make sex with her. She has to prevent him from approach and to ask to observe kaffarah and the judge forces him to perform the penalty. The previous sentence won't mean any thing else than zihar.If he says "you are to me like my mother",if he means her dignity,it is acceptable,if he means zihar, then it is zihar or divorce is meant,then it is a decisive divorce. If he did not mean any thing,then there is nothing. If he says "you are prohibited to me as my mother",but he means divorce or ila',then it is considered as zihar.According to two imams it is what he means. No zihar iz possible for any body,but fot the wife;so no zihar is possible for his she-slave and also there is no zihar for a wife who was married to a husbanf by an unauthorized person,then 146 / the husband made zihar,but the wife approved the marriage. If he says his wives "you are to me like the back of my mother",he made zihar from them;and he is to pay kaffarah penalty for each one of them. If he makes zihar from one wife more than once in the same sitting or various sittings,he has to observe one kaffarah for each one of zihar. Kafffarah is freeing a slave.It is allowed to free muslim,non-believer,male or female,minor or adult,one-ayed or deaf slave,who can hear if some one shouts,whose one hand and leg alternatively were choped,mukatab slave who did not pay any thing so far. A blind slave or a deaf who does not hear any voice at all,a dumb slaves,or a slave whose both of the hands are choped,or both of the thumbs or legs or one hand and one leg in the same side have been cut off,severly mad slave,or mudabbar.or umm walad or mukatab slave who paid some or a slave wose some part has been emancipated. If he buys his relative slave for that purpose,that is valid.The same rule is applied if emancipates half his slave for kaffarah and also the rest of him before he makes sex with the wife with whome he made zihar.If he emancipates half the commonly owned slave and compensates for the other half,that is not valid.The two imams oppose to that.The same rule will be operative if he emancipates half of his slave,then makes sex with the related wife,and then he emancipates the rest of him. 147 / If he can not find any slave to emancipate,then he fasts two months long cosecutively,in which no ramadan is there and also no prohibited days in terms of fasting. If he makes sex with her any night knowingly or any day unknowingly,he begins it from the beginning.Abu Yusuf has minority opinion in this issue.If he breaks the cosecutiveness of the fasting with excuse or without it,he has to start for the beginning.This is a unanimous opinion. If he can not fast he or his representative has to feed sixty destitutes,alloting to each one of them the amount equivalent to Fitrah charity.It is valid to give a Mann ( a measure) from wheat,or two manns from barley or dates. It is also good in kaffarah and in Fidyah to take sixty destitutes and feed them as much as they can.But that is not good in sadaqahs or `Ushr. If he feeds them mornig and evening,or two mornings or two dinners and fills their tomachs,that is good even if they ate not much. But it is necassry to give them some food with the bread of barley,not with the bread of wheat. If he feeds one poor person sixty days,that is also good. If he gives two months food in one day,that is considered just for one day. If he makes sex with her during feeding period,he has not to start from the beginning. If he feeds sixty poor person giving each one of them one sa` (a measure unit) for two zihar,it is not valid but only for one.If he gives for one zihar and one for breaking the fasting (iftar),then it is valid for both of them. It is laso the same rule to be applied if he emancipates two slaves for two zihars or he fasts for two of them four months or 148 / feeds one hundred and twenty poor person,that is valid for both of them. If he does not fix which one and emancipates for two zihar one slave,or fasts two months then fixes one of them,that also valid. If he makes this for one zihar and one muder crime,then it is not valid. If a slave makes zihar,nothing but fasting will help him,even if his patron frees or feeds for him. Chapter on Li`an i`an (mutual cursing) is testimonies reiterated by the oath together with cursing which stands for the punishment of Qazf from the point of the husband,and for the punishment of adultery from the point of the wife. If he accuses his wife by adultery and both of the couples are eligible for the testifying and the wife is one whose accuser gets punishment,or he denied her child and the wife wamted the necessary act to be done,then the procedure of li`an becomes necassry. If he avoids,he is to be imprisoned until he makes this li`an or confesses that he had lied.In this case he is to be punished (hadd). If he fulfils the procedure of li`an,she is to be punisheshed by hadd.If she avoids then she is to be imprisoned until she fulfils the procedural acts of li`an or to approve what he said. If the husband is not eligible for the by being a slave,or disbeliever,or previously punished for the qazf (accusation) crime,alnd the wife also is eligible for benefitting from this system,then he is to be punished. If he is eligible for the testifiying and she is a slave,or minor,or mad,or previously punished in the same way,or disbeliver or from a group whose accuser will not be punished,then there is no hadd (punishment) and procedural acts of li`an. 149 / The procedure of li`an is like this: The husband will beginn and say four times "I testify that I am telling the truth in what I say about her involvment in the adultery;and at the fifth he curses himself if he was lier in what he was saying her adultery.In all of these acts he has to point her. Then she says four times "I testify that he is lier in what he says about my involvment in the adultery",at the fifth "the anger of Allah be upon her if he was true in what he was telling about my adultery",in all of these acts she is to point her. If qazf (accusation) is related to the rejection of the child,both of them are to mention the rejection instead of the a\dultery. If adultery and denial of child,both of them,are the subject,then they are to mention both of them. If both of them fulfils the requirements of li`an,then the judge is to seperate4 them.This seperation is counted as one time divorce.And the judge denies the the relation of child,if he was the subject.The child will be related to his/her motjher. If the husband belies himself after this procedure was accomplished,then he is to be punished as hadd. In this case,he may marry her once more.Abu Yusuf has an opposing view to this point.He may also marry her if he accuses another womwn after the li`an was completed and he was punished or she made am du;tery and was punished. There is no li`an will be applied if a deaf is accused or the pregnancy was rejected.According to two imams he has to make li`an if she gives birth to child in a period less than six months. If he says her "you did adultery anf this pregnacy is from that",he is to make li`an.This is a unanimously acceptable opinion.The judge has not to reject the pregnancy. 150 / If he rejects the child during the period of congretulation or the buying utilities for the birth,that is valid,and he is to make li`an. If he rejects the child after the period mantioned above,he is to make li`an and the child's relation is not rejected.According to two imams,rejection of the child is valid in the period of post birth bleeding. If he was absent (gha'ib) his getting information is consodered as her giving birth. If he rejects the first of the twins,and accepts the second,he is to be punished.If does just opposite,then he is to makle li`an and the relation of both of them gets established in the both cases. Chapter on Impotent Husband `Innin (impotent) is a man who can not do sex,or he is able to do sex with woman who already lost her virginity,but unable to with virgin ones. If he declares that he could not reach yet to his wife,the judge gives him a trial period of ona lunar year.This is the right view.Ramadan,menstruation days,not the days he/she was sick are to be counted.If he could not reach her even in this period,they are to be seperated from each other,provided she wants it.And this speration is counted as one decisive divorce. If he says I made sex with her,but she denied it before the fixing of the trial period,if she is/is not virgin ,then they will examine her,if they say she is no more virgin,his word is to be taken together with his oath.If they say she is still virgin,a year of trial is to be given. If he revokes his oath,if it is after the fixing a trial period of year,she is virgin or not virgin,if they say that she is no more virgin,then his word is to be taken.If they say she is virgin,then she will have choice of accepting him as husband or not. The same rule will work if he revokes his oath. 151 / If she chooses him,then her choice expires. A man whose testacles are cut off is like the impotent.The person who has no testacles from birth also is like impotent.They are to be seperated immediately. Right of seperation from the point she-slave,belongs to the patron,according to Abu Hanifah,and belongs to her according to Abu Yusuf. She will not have any choice if she finds madness or leprosy in him.Imam Muhammad has minority opinion.e will not have any choice if he finds in her madness or leprosy,or her vagina was closed or having blocked with a horn. Chapter on Waiting Period Iddah is a waiting period which she is obliged to wait for. waiting period for the divorce or annulling the marriage of a free woman is three qar' (that is menstruation period).It will be also the same rule to be applied to a woman who was made sex by mistake (doubt) or because of a vodable marriage and was seperated or her husband died or she was Umm walad (a she-slave who gives birth to her patron) who was emancipated or her patron died. The menstruation period in which she was divorced is not to be caunted. If she does not have menstruation periods because of she is an aged person,or minor or adult but still she does not menstruate,then the wating period is three months. In death after a valid marriage four months and ten days. wating period for the she-slave is two periods of the menstruation;in case of death and non-menstrual cases half of what is prescribed for a free woman. Waiting period of the pregnant woman is delivering her birth.no matter whether she is free or slave.This so even if the minor husband (sabiyyy) dies and leaves his wife pregnant.According to Abu Yusuf,if the minor husband dies,her waiting period will be counted as months.If she got pregnant after the death of the minor husband,her waiting period is definitely is to be counted bt months.This is waht unanimously agreed upon. No blood relation (al-nasab) is possible in the both of the 152 / cases. Any one who is divorced revokably in a period of a sickness which lead to death (marad al-mawt),for example a wife,even she was divorced decisevely,she will wait for the period which is longer than the other.According to Abu Yusuf it will be like revokable divorce case. A she-slave who was emancipaated in the waiting period fro a revokable divorce,she completes her period like a free woman;if it was in the waiting period for the decisive divorce or death,then she is like she-slave. If a woman who is cut off from the menstrual periods observed her waiting period by counting the months,then she got menstruation as she used to have,her observed waiting period gets void and she commences once more with her menstruation.This is correct practice. It is also the same if the minor gets menstruation in the middle of months,a woman who observes the waiting period in menstruation,the her periods ceases for good,she is to wait calculating the months. If a woman who observing waiting period,is made sex by mistake because of the false image of marriage,then it is incumbant for her to observe another waiting period.Both of the periods get overlaped,and what she already observed is to be caounted from both of the periods and completes the second period,if the first one had been already completed before the second. The beginning of the waiting period in divorce and in death,are just after those events,even if she did not know them.But in a void wedlock after the seperation or the resolution on abstenance from the sexual relation. If she says "my waiting period is complted by menstruation",her word is to be taken together with oath,if sixty days alredy passed;according to two imams,if thirthy-nine days and three hours passed. If he marries a woman who was observing a waiting period for the 153 / decisive divorce,then he divorces her before enjoying the privacy,then a complete dowry becomes necessary to pay and a new waiting period is to be commenced.According to Muhammad half of the dowry is to be given and the previous waiting period is to be completed. There is no wating period for divorce before enjoying the privacy,or a zimmi woman who was divorced by a zimmi husband or a non-muslim woman who sought refuge from us by coming us from non-Islamic state and becoming muslim.The two imams oppose to this opinion. Chapter A woman who is observing a waiting period after a decisive divorce or death,is to abstain from any make up if she is a muslim adult lady.She has to leave attracting dresses,putting on saffron,yellow colored dress,parfume,olive,al-kuhl or hina except in the necessity cases. An emancipated she-slave or one whose wedlock was voidable is not to observe this siplicity. A woman who is in wating period is not to be proposed a new engagement affair,but nothing wrong to give her some hints. A divirced woman observing the waiting period has not to leave the home at all.But one who observes the period after the death of her husband may go out during day times,and some times of the nights,and she is not to sleep out side of her home. And a she-slave may go out for the needs of her patron. A woman who has to wait,is to settle in a room which will be attached to the house in the time of seperation or death,except in cases she will be kicked out,or she has to keep her wealth or she is afraid of that the house may collapse on her,or she can not afford the rent. There is nothing wrong if they (husband and wife) pass their 154 / nights in the same house,if her divorce is decisive type and there is a barrier between them;otherwise he becomes sinfull; if he makes a sin or the house is not big enough,the wife leaves the home.But it is batter if he leaves. If they keep a trustworthy womanwho may enter in between,that is good. If he divorces her decisively,or her husband dieed while he was in a travel,and there is a distance of less than a a distance of journey between her and her city,she has to come back to her home. If the distances of going ahead and returning back are the same,then she has choice,no matter whether she has a gurdian with her or not.But to return is better. If it happens in a city,then she is not to go out before she finishes her period of waiting,then she goes out if she has non-marriable ralative with her.The two imams if she has a non-marriable relative,she may go out before the waiting period. Chapter on who belongs the child The minimum level of pregnancy period is six months and the maximum is two years.Any one who says "if I marry her,she is divorced",then he married her and she gave birth to a child in six month period from the wedlock,the child is obligatorily belongs to him.He also owes her the dowry.If the divorced woman declares the end of the waiting period,then she dilivers a baby in six months period from the time of declaring the end,the relation of child goes to him.If the time is just six months,no. If she does notr declare any thing,the relation gets established if she gives birth in less than two years period;if the birth occurs in two years or more than two years,the relation does not get established,except in revokable divorce.So this means 155 / revoking the divorce,on the conrary to bain (irrevokable) divorce,except if he calims that mthe child is his.And the case may be considered as sexual relation based on doubt during waiting period. 58