Musannaf 'Abd al-Razzaq 10766
✧ What is rejected of marriage
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عَبْدُ الرَّزَّاقِ، عَنْ مَعْمَرٍ، عَنْ قَتَادَةَ
فِي رَجُلٍ جُلِدَ حَدَّ الزِّنَا، فَتَزَوَّجَ امْرَأَةً وَلَمْ يُعْلِمْهَا ذَلِكَ قَالَ: " إِنْ كَانَ قَدْ دَخَلَ بِهَا فَلَهَا صَدَاقُهَا، وَتُفَارِقُهُ إِنْ شَاءَتْ. وَإِنْ كَانَ لَمْ يَدْخُلْ بِهَا فَلَهَا نِصْفُ الصَّدَاقِ، وَتُفَارِقُهُ إِنْ شَاءَتْ ". قَالَ: " وَإِنْ كَانَتْ هِيَ الْمَحْدُودَةَ فَدَخَلَ بِهَا وَلَمْ يَعْلَمْ، فَلَهَا صَدَاقُهَا، وَيُغَرَّمُ الَّذِي دَلَّسَهَا لَهُ، وَإِنْ كَانَ الْوَلِيُّ لَمْ يَعْلَمْ بِهَا فَلَا شَيْءَ عَلَيْهِ. وَإِنْ كَانَ لَمْ يَدْخُلْ بِهَا خُيِّرَ، وَلَا صَدَاقَ لَهَا
Translation
Chain of narrators
machine translationʿAbd al-Razzāq, from Maʿmar, from Qatādah
Machine translation, not reviewed
Concerning a man who was flogged with the prescribed punishment for fornication, then married a woman without informing her of that, he said: "If he has consummated the marriage with her, she is owed her dowry, and she may leave him if she wishes. And if he has not consummated it with her, she is owed half of the dowry, and she may leave him if she wishes." He said: "And if she is the one who was flogged with the prescribed punishment, and he consummated the marriage with her without knowing, she is owed her dowry, and the one who deceived him about her must pay compensation. If the guardian did not know about her, nothing is due from him. And if he has not consummated the marriage with her, he is given the choice, and she has no dowry.
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