Ibne Mubarak has narrated from Ashath from Shobi from Masruq that:
Umar learnt that a man from the Thaqif had married a girl from Quraish, while she was during her waiting period. So Umar sent a messenger to that woman and had the couple separated and punished them and said to that man:
Don’t marry this woman at all. [she has become unlawful for you forever] and he seized the dower of that woman and placed it in the Public Treasury. This matter became public.
When it came to the notice of Imam Ali (a.s.), he said: “May God forgive the chief of believers; how can he seize the dower and place it in Public Treasury?”
This couple married in unawareness and the recourse was not as Umar acted.
The imam should allow them to reconcile according to the Sunnah.
His Eminence was asked: “O Ali, how did you arrive at the solution?”
He replied: “The dower is related to amount that woman takes from the man; and they should separate from each other. Since they were unaware, they cannot be punished. The woman should complete the waiting period of her previous husband and also complete the waiting period of this husband. Then this man can propose to her.”
When Umar came to know about the verdict of Ameerul Momineen (a.s.), he said: “O people, you should refer to the Sunnah, when you don’t know the solution to some problem.”
(Sunan Kubra, Baihaqi, 7:441-442; Riyazun Nazara, 2:196 [3/144]; Zakhaaerul Uqbah, 81)
Umar learnt that a man from the Thaqif had married a girl from Quraish, while she was during her waiting period. So Umar sent a messenger to that woman and had the couple separated and punished them and said to that man:
Don’t marry this woman at all. [she has become unlawful for you forever] and he seized the dower of that woman and placed it in the Public Treasury. This matter became public.
When it came to the notice of Imam Ali (a.s.), he said: “May God forgive the chief of believers; how can he seize the dower and place it in Public Treasury?”
This couple married in unawareness and the recourse was not as Umar acted.
The imam should allow them to reconcile according to the Sunnah.
His Eminence was asked: “O Ali, how did you arrive at the solution?”
He replied: “The dower is related to amount that woman takes from the man; and they should separate from each other. Since they were unaware, they cannot be punished. The woman should complete the waiting period of her previous husband and also complete the waiting period of this husband. Then this man can propose to her.”
When Umar came to know about the verdict of Ameerul Momineen (a.s.), he said: “O people, you should refer to the Sunnah, when you don’t know the solution to some problem.”
(Sunan Kubra, Baihaqi, 7:441-442; Riyazun Nazara, 2:196 [3/144]; Zakhaaerul Uqbah, 81)
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