Hadith 106
۞
Hadith.5073 - Ibn Mahbub narrated from Hisham ibn Salim from Abu Basir who said
Abu Abdullah (as) was asked about a man who accused his wife of adultery while she was mute and deaf, unable to hear what he said.
Imam (as) said: "If she has witnesses who testify on her behalf before the Imam, he (the husband) is to be flogged with the legal punishment and they are to be separated, and she will never be permissible for him again. But if she has no witnesses, then she is forbidden to him as long as she remains with him, and there is no sin upon her from him."
5073 - وَ رَوَى اِبْنُ مَحْبُوبٍ عَنْ هِشَامِ بْنِ سَالِمٍ عَنْ أَبِي بَصِيرٍ قَالَ
سُئِلَ أَبُو عَبْدِ اَللَّهِ عَلَيْهِ اَلسَّلاَمُ عَنْ رَجُلٍ قَذَفَ اِمْرَأَتَهُ بِالزِّنَا وَ هِيَ خَرْسَاءُ صَمَّاءُ لاَ تَسْمَعُ مَا قَالَ فَقَالَ "إِنْ كَانَ لَهَا بَيِّنَةٌ يَشْهَدُونَ لَهَا عِنْدَ اَلْإِمَامِ جَلَدَهُ اَلْحَدَّ وَ فَرَّقَ بَيْنَهُمَا ثُمَّ لاَ تَحِلُّ لَهُ أَبَداً وَ إِنْ لَمْ يَكُنْ لَهَا بَيِّنَةٌ فَهِيَ حَرَامٌ عَلَيْهِ مَا أَقَامَ مَعَهَا وَ لاَ إِثْمَ عَلَيْهَا مِنْهُ".
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