Divorce (Kitab Al-Talaq)
Partial Translation of Sunan Abu-Dawud, Book 12
Book 12, Number 2170:
Narrated AbuHurayrah:
The
Prophet (peace_be_upon_him) said: Anyone who incites a woman against
her husband or a slave against his master is not one of us.
Book 12, Number 2172:
Narrated Muharib:
The Prophet (peace_be_upon_him) said: Allah did not make anything lawful more abominable to Him than divorce.
Book 12, Number 2173:
Narrated Abdullah ibn Umar:
The Prophet (peace_be_upon_him) said: Of all the lawful acts the most detestable to Allah is divorce.
Book 12, Number 2180:
Narrated Abdullah ibn Umar:
AbdurRahman
ibn Ayman, the client of Urwah, asked Ibn Umar and AbuzZubayr was was
listening: What do you think if a man divorces his wife while she is
menstruating? He said: Abdullah ibn Umar divorced his wife while she
was menstruating during the time of the Apostle of Allah
(peace_be_upon_him).So Umar asked the Apostle of Allah
(peace_be_upon_him) saying: Abdullah ibn Umar divorced his wife while
she was menstruating. Abdullah said: He returned her to me and did not
count it (the pronouncement) anything. He said: When she is purified,
he may divorce her or keep her with him. Ibn Umar said: The Prophet
(peace_be_upon_him) recited the Qur'anic verse: O Prophet, when you
divorce women, divorce them in the beginning of their waiting period."
Book 12, Number 2181:
Narrated Imran ibn Husayn:
Mutarrif
ibn Abdullah reported:Imran ibn Husayn was asked about a person who
divorces his wife, and then has intercourse with her, but he does not
call any witness to her divorce nor to her restoration. He said: You
divorced against the sunnah and took her back against the sunnah. Call
someone to bear witness to her divorce, and to her return in marriage,
and do not repeat it.
Book 12, Number 2182:
Narrated Abdullah ibn Abbas:
Umar
ibn Mu'tab reported: AbuHasan, a client of Banu Nawfal asked Ibn Abbas:
A slave had a wife who was a slave-girl. He divorced her by two
pronouncements. Afterwards both of them were freed. Is it permissible
for him to ask her in marriage again? He said: Yes. This is a decision
given by the Apostle of Allah (peace_be_upon_him).
Book 12, Number 2183:
Narrated Abdullah ibn Abbas:
The
aforesaid tradition (No. 2182) has also been transmitted by Ali (ibn
al-Mubarak) through a different chain of narrators to the same effect.
This
version adds: Ibn Abbas said: There remained one more pronouncement of
divorce for you. The Apostle of Allah (peace_be_upon_him) took the same
decision.
Book 12, Number 2184:
Narrated Aisha, Ummul Mu'minin:
The
Prophet (peace_be_upon_him) said: The divorce of a slave-woman consists
in saying it twice and her waiting period is two menstrual courses
(qur') AbuAsim said: A similar tradition has been narrated to me by
Muzahir and al-Qasim on the authority of Aisha from the Prophet
(peace_be_upon_him), except that he said: And her waiting period
('iddah) is two courses.
Book 12, Number 2185:
Narrated Abdullah ibn Amr ibn al-'As:
The
Prophet (peace_be_upon_him) said: There is no divorce except in what
you possess; there is no possession, there is no sale transaction till
you possess. The narrator Ibn as-Sabbah added: There is no fulfilling a
vow till you possess.
Book 12, Number 2188:
Narrated Aisha, Ummul Mu'minin:
Muhammad
ibn Ubayd ibn AbuSalih who lived in Ayliya said: I went out with Adi
ibn Adi al-Kindi till we came to Mecca. He sent me to Safiyyah daughter
of Shaybah who remembered a tradition (that she had heard) from Aisha.
She said: I heard Aisha say: I heard the Apostle of Allah
(peace_be_upon_him) say: There is no divorce or emancipation in case of
constraint or duress (ghalaq).
Book 12, Number 2189:
Narrated AbuHurayrah:
The
Prophet (peace_be_upon_him) said: There are three things which, whether
undertaken seriously or in jest, are treated as serious: Marriage,
divorce and taking back a wife (after a divorce which is not final)
Book 12, Number 2190:
Narrated Abdullah ibn Abbas:
Divorced
women shall wait concerning themselves for three monthly periods. Nor
is it lawful for them to hide what Allah hath created in their wombs.
This means that if a man divorced his wife he had the right to take her
back in marriage though he had divorced her by three pronouncements.
This was then repealed (by a Qur'anic verse). Divorce is only
permissible twice.
Book 12, Number 2191:
Narrated Abdullah ibn Abbas:
Abdu
Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and
married a woman of the tribe of Muzaynah. She went to the Prophet
(peace_be_upon_him) and said: He is of no use to me except that he is
as useful to me as a hair; and she took a hair from her head. So
separate me from him. The Prophet (peace_be_upon_him) became furious.
He called on Rukanah and his brothers. He then said to those who were
sitting beside him. Do you see so-and-so who resembles Abdu Yazid in
respect of so-and-so; and so-and-so who resembles him in respect of
so-and-so? They replied: Yes. The Prophet (peace_be_upon_him) said to
Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the
mother of Rukanah and his brothers, back in marriage. He said: I have
divorced her by three pronouncements, Apostle of Allah. He said: I
know: take her back. He then recited the verse: "O Prophet, when you
divorce women, divorce them at their appointed periods."
Book 12, Number 2194:
Narrated Abdullah ibn Abbas:
Tawus
said: AbusSahba' said to Ibn Abbas: Do you know that a divorce by three
pronouncements was made a single one during the time of the Prophet
(peace_be_upon_him), and of AbuBakr and in the early days of the
caliphate of Umar? He replied: Yes.
Book 12, Number 2198:
Narrated AbuHurayrah:
Hammad
ibn Zayd said: I asked Ayyub: Do you know anyone who narrates the
tradition narrated by Al-Hasan about uttering the words (addressing
wife). "Your matter is in your hand"? He replied: No, except something
similar transmitted by Qatadah from Kathir, the client of Samurah, from
AbuSalamah on the authority of AbuHurayrah from the Prophet
(peace_be_upon_him). Ayyub said: Kathir then came to us; so I asked him
(about this matter). He replied: I never narrated it. I mentioned it to
Qatadah who said: Yes (he narrated it) but he forgot.
Book 12, Number 2202:
Narrated Rukanah ibn Abdu Yazid:
(Rukanah)
divorced his wife absolutely; so he came to the Apostle of Allah
(peace_be_upon_him). He asked (him): What did you intend? He said: A
single utterance of divorce. He said: Do you swear by Allah? He
replied: I swear by Allah. He said: It stands as you intended.
Book 12, Number 2204:
Narrated Tamimah al-Hujayni:
A
man said to his wife: O my younger sister! The Apostle of Allah
(peace_be_upon_him)said: Is she your sister? He (the Prophet disliked
it and prohibited saying so.
Book 12, Number 2207:
Narrated Salamah ibn Sakhr al-Bayadi:
I
was a man who was more given than others to sexual intercourse with
women. When the month of Ramadan came, I feared lest I should have
intercourse with my wife, and this evil should remain with me till the
morning. So I made my wife like my mother's back to me till the end of
Ramadan. But one night when she was waiting upon me, something of her
was revealed. Suddenly I jumped upon her. When the morning came I went
to my people and informed them about this matter.
I said: Go along with me to the Apostle of Allah (peace_be_upon_him).
They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.
He
said: Have you really committed it, Salamah? I said: I committed it
twice, Apostle of Allah. I am content with the Commandment of Allah,
the Exalted; so take a decision about me according to what Allah has
shown you.
He
said: Free a slave. I said: By Him Who sent you with truth, I do not
possess a neck other than this: and I struck the surface of my neck.
He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq of dates.
I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.
He
said: Then go to the collector of sadaqah of Banu Zurayq; he must give
it to you. Then feed sixty poor people with a wasq of dates; and you
and your family eat the remaining dates. Then I came back to my people,
and said (to them): I found with you poverty and bad opinion; and I
found with the Prophet (peace_be_upon_him) prosperity and good opinion.
He has commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.
Book 12, Number 2208:
Narrated Khuwaylah, daughter of Malik ibn Tha'labah:
My
husband, Aws ibn as-Samit, pronounced the words: You are like my
mother. So I came to the Apostle of Allah (peace_be_upon_him),
complaining to him about my husband.
The Apostle of Allah (peace_be_upon_him) disputed with me and said: Remain dutiful to Allah; he is your cousin.
I
continued (complaining) until the Qur'anic verse came down: "Allah hath
heard the words of her who disputeth with thee concerning her
husband...." till the prescription of expiation.
He
then said: He should set free a slave. She said: He cannot afford it.
He said: He should fast for two consecutive months. She said: Apostle
of Allah, he is an old man; he cannot keep fasts. He said: He should
feed sixty poor people. She said: He has nothing which he may give in
alms. At that moment an araq (i.e. date-basket holding fifteen or
sixteen sa's) was brought to him.
I
said: I shall help him with another date-basked ('araq). He said: You
have done well. Go and feed sixty poor people on his behalf, and return
to your cousin. The narrator said: An araq holds sixty sa's of dates.
Book 12, Number 2212:
Narrated Urwah:
Khawlah
was the wife of Aws ibn as-Samit; he was a man immensely given to
sexual intercourse. When his desire for intercourse was intensified, he
made his wife like his mother's back. So Allah, the Exalted, sent down
Qur'anic verses relating to expiation for zihar.
Book 12, Number 2214:
Narrated Ikrimah:
A
man made his wife like the back of his mother. He then had intercourse
with her before he atoned for it. He came to the Prophet
(peace_be_upon_him) and informed him of this matter. He asked (him):
What moved you to the action you have committed? He replied: I saw the
whiteness of her shins in moon light. He said: Keep away from her until
you expiate for your deed.
Book 12, Number 2218:
Narrated Thawban:
The
Prophet (peace_be_upon_him) said: If any woman asks her husband for
divorce without some strong reason, the odour of Paradise will be
forbidden to her.
Book 12, Number 2219:
Narrated Habibah, daughter of Sahl al-Ansariyyah:
Amrah,
daughter of AbdurRahman ibn Sa'd ibn Zurarah, reported on the authority
of Habibah, daughter of Sahl al-Ansariyyah: She (Habibah) was the wife
of Thabit ibn Qays ibn Shimmas. The Apostle of Allah
(peace_be_upon_him) came out one morning and found Habibah by his door.
The
Apostle of Allah (peace_be_upon_him) said: Who is this? She replied: I
am Habibah, daughter of Sahl. He asked: What is your case? She replied:
I and Thabit ibn Qays, referring to her husband, cannot live together.
When
Thabit ibn Qays came, the Apostle of Allah (peace_be_upon_him) said to
him: This is Habibah, daughter of Sahl, and she has mentioned (about
you) what Allah wished to mention.
Habibah said: Apostle of Allah, all that he gave me is with me.
The
Apostle of Allah (peace_be_upon_him) said to Thabit ibn Qays: Take it
from her. So he took it from her, and she lived among her people
(relatives).
Book 12, Number 2220:
Narrated Aisha, Ummul Mu'minin:
Habibah
daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her
and broke some of her part. So she came to the Prophet
(peace_be_upon_him) after morning, and complained to him against her
husband. The Prophet (peace_be_upon_him) called on Thabit ibn Qays and
said (to him): Take a part of her property and separate yourself from
her. He asked: Is that right, Apostle of Allah? He said: Yes. He said:
I have given her two gardens of mine as a dower, and they are already
in her possession. The Prophet (peace_be_upon_him) said: Take them and
separate yourself from her.
Book 12, Number 2221:
Narrated Abdullah ibn Abbas:
The
wife of Thabit ibn Qays separated herself from him for a compensation.
The Prophet (peace_be_upon_him) made her waiting period a menstrual
course.
Book 12, Number 2228:
Narrated Aisha, Ummul Mu'minin:
Barirah
was emancipated, and she was the wife of Mughith, a slave of Aal
AbuAhmad. The Apostle of Allah (peace_be_upon_him) gave her choice, and
said to her: If he has intercourse with you, then there is no choice
for you.
Book 12, Number 2229:
Narrated Aisha, Ummul Mu'minin:
Al-Qasim
said: Aisha intended to set free two slaves of her who were spouses.
She, therefore, asked the Prophet (peace_be_upon_him) about this
matter. He commanded to begin with the man before the woman. The
narrator Nasr said: AbuAli al-Hanafi reported it to me on the authority
of Ubaydullah.
Book 12, Number 2230:
Narrated Abdullah ibn Abbas:
A
man came after embracing Islam during the time of the Apostle of Allah
(peace_be_upon_him). Afterwards his wife came after embracing Islam. He
said: Apostle of Allah, she embraced Islam along with me; so restore
her to me.
Book 12, Number 2231:
Narrated Abdullah ibn Abbas:
A
woman embraced Islam during the time of the Apostle of Allah
(peace_be_upon_him); she then married. Her (former) husband then came
to the Prophet (peace_be_upon_him) and said: Apostle of Allah, I have
already embraced Islam, and she had the knowledge about my Islam. The
Apostle of Allah (peace_be_upon_him) took her away from her latter
husband and restored her to her former husband.
Book 12, Number 2232:
Narrated Abdullah ibn Abbas:
The
Apostle of Allah (peace_be_upon_him) restored his daughter Zaynab to
Abul'As on the basis of the previous marriage, and he did not do
anything afresh.
Book 12, Number 2233:
Narrated Al-Harith ibn Qays al-Asadi:
I
embraced Islam while I had eight wives. So I mentioned it to the
Prophet (peace_be_upon_him). The Prophet (peace_be_upon_him) said:
Select four of them.
Book 12, Number 2235:
Narrated Fayruz ad-Daylami al-Yamani:
I said: Apostle of Allah, I have embraced Islam and two sisters are my wives. He said: Divorce any one of them you wish.
Book 12, Number 2236:
Narrated Rafi' ibn Sinan:
AbdulHamid
ibn Ja'far reported from his father on the authority of his grandfather
Rafi' ibn Sinan that he (Rafi' ibn Sinan) embraced Islam and his wife
refused to embrace Islam. She came to the Prophet (peace_be_upon_him)
and said: My daughter; she is weaned or about to wean. Rafi' said: My
daughter. The Prophet (peace_be_upon_him) said to him: Be seated on a
side. And he said to her: Be seated on a side. He then seated the girl
between them, and said to them: Call her. The girl inclined to her
mother. The Prophet (peace_be_upon_him) said: O Allah! guide her. The
daughter then inclined to her father, and he took her.
Book 12, Number 2247:
Narrated Abdullah ibn Abbas:
When
the Prophet (peace_be_upon_him) ordered a man and his wife to invoke
curses on each other, he ordered a man to put his hand on his mouth
when he came to the fifth utterance, saying that it would be the
deciding one.
Book 12, Number 2247a:
Narrated Abdullah Ibn Abbas:
Hilal
ibn Umayyah was one of three people whose repentance was accepted by
Allah. One night he returned from his land and found a man with his
wife. He witnessed with his eyes and heard with his ears. He did not
threaten him till the morning.
Next
day he went to the Apostle of Allah (peace_be_upon_him) in the morning,
and said: Apostle of Allah! I came to my wife at night and found a man
with her. I saw with my own eyes and heard with my own ears. The
Apostle of Allah (peace_be_upon_him) disliked what he described and he
took it seriously.
Thereupon
the following Qur'anic verse came down: "And those who make charges
against their spouses but have no witnesses except themselves, let the
testimony of one of them...."
When
the Apostle of Allah (peace_be_upon_him) came to himself (after the
revelation ended), he said: Glad tidings for you, Hilal. Allah, the
Exalted, has made it easy and, a way out for you.
Hilal
said: I expected that from my Lord. The Apostle of Allah
(peace_be_upon_him) said: Send for her. She then came. The Apostle of
Allah (peace_be_upon_him) recited (the verses) to them that the
punishment in the next world was more severe than that in this world.
Hilal said: I swear by Allah, I spoke the truth against her. She said: He told a lie.
The
Apostle of Allah (peace_be_upon_him) said: Apply the method of invoking
curses on each other. Hilal was told: Bear witness. So he bore witness
before Allah four times that he spoke the truth.
When
he was about to utter a fifth time, he was told: Hilal, fear Allah, for
the punishment in this world is easier than that in the next world; and
this is the deciding one that will surely cause punishment to you.
He
said: I swear by Allah. Allah will not punish me for this (act), as He
did not cause me to be flogged for this (act). So he bore witness a
fifth time invoking the curse of Allah on him if he was one of those
who told lies.
Then the people said to her: Testify. So she gave testimony before Allah that he was a liar.
When
she was going to testify a fifth time, she was told: Fear Allah, for
the punishment in this world is easier than that in the next world.
This is the deciding one that will surely cause punishment to you.
She
hesitated for a moment, and then said: By Allah, I shall not disgrace
my people. So she testified a fifth time invoking the curse of Allah on
her if he spoke the truth.
The
Apostle of Allah (peace_be_upon_him) separated them from each other,
and decided that the child would not be attributed to its father.
Neither she nor her child would be accused of adultery. He who accused
her or her child would be liable to punishment. He also decided that
there would be no dwelling and maintenance for her (from the husband),
as they were separated without divorce.
He
then said: If she gives birth to a child with reddish hair, light
buttocks, wide belly and light shins, he will be the child of Hilal. If
she bears a dusky child with curly hair, fat limbs, fat shins and fat
buttock he will be the child of the one who was accused of adultery.
She gave birth to a dusky child with curly hair, fat limbs, fat shins
and fat buttocks.
The Apostle of Allah (peace_be_upon_him) said: Had there been no oaths I should have dealt with her severely.
Ikrimah said: Later on he became the chief of the tribe of Mudar. He was not attributed to his father.
Book 12, Number 2255:
Narrated AbuHurayrah:
A
bedouin came to the Prophet (peace_be_upon_him), and said: My wife has
given birth to a black son, and I disown him. He then narrated the rest
of the tradition to the same effect.
Book 12, Number 2256:
Narrated AbuHurayrah:
AbuHurayrah
heard the Apostle of Allah (peace_be_upon_him) say when the verse about
invoking curses came down: Any woman who brings to her family one who
does not belong to it has nothing to do with Allah (i.e. expects no
mercy from Allah), and Allah will not bring her into His Paradise.
Allah,
the Exalted, will veil Himself from any man who disowns his child when
he looks at him, and disgrace him in the presence of all creatures,
first and last.
Book 12, Number 2257:
Narrated Abdullah ibn Abbas:
The
Prophet (peace_be_upon_him) said: There is no prostitution in Islam. If
anyone practised prostitution in pre-Islamic times, the child will be
attributed to the master (of the slave-woman). He who claims his child
without a valid marriage or ownership will neither inherit nor be
inherited.
Book 12, Number 2258:
Narrated Abdullah ibn Amr ibn al-'As:
The
Prophet (peace_be_upon_him) decided regarding one who was treated as a
member of a family after the death of his father, to whom he was
attributed when the heirs said he was one of them, that if he was the
child of a slave-woman whom the father owned when he had intercourse
with her, he was included among those who sought his inclusion, but
received none of the inheritance which was previously divided; he,
however, received his portion of the inheritance which had not already
been divided; but if the father to whom he was attributed had disowned
him, he was not joined to the heirs.
If
he was a child of a slave-woman whom the father did not possess or of a
free woman with whom he had illicit intercourse, he was not joined to
the heirs and did not inherit even if the one to whom he was attributed
is the one who claimed paternity, since he was a child of fornication
whether his mother was free or a slave.
Book 12, Number 2260:
Narrated Aisha, Ummul Mu'minin:
The
Apostle of Allah (peace_be_upon_him) entered upon me. The version of
Musaddad and Ibn as-Sarh has: one day looking pleased". The version of
Uthman has: "The lines of his forehead were realised." He said: O
Aisha, are you not surprised to hear that Mujazziz al-Mudlaji saw that
Zayd and Usamah had a rug over them concerning their heads and letting
their feet appear. He said: These feet are related.
Book 12, Number 2262:
Narrated Zayd ibn Arqam:
I
was sitting with the Prophet (peace_be_upon_him). A man came from the
Yemen, and said: Three men from the people of the Yemen came to Ali,
quarrelling about a child, asking him to give a decision. They had had
sexual intercourse with a woman during a single state of purity.
He
said to two of them: Give this child to this man (the third person)
with pleasure. But they (refused and) cried loudly. Again he said to
two of them: Give the child to the man (the third person) willingly.
But they (refused and) cried loudly. He then said: You are quarrelsome
partners. I shall cast lots among you; he who receives the lot, will
acquire the child, and he shall pay two-thirds of the blood-money to
both his companions. He then cast lots among them, and gave the child
to the one who received the lot. The Apostle of Allah
(peace_be_upon_him) laughed so much that his canine or molar teeth
appeared.
Book 12, Number 2263:
Narrated Zayd ibn Arqam:
Three
persons were brought to Ali (Allah be pleased with him) when he was in
the Yemen. They and sexual intercourse with a woman during a single
state of purity. He asked two of them: Do you acknowledge this child
for this (man)? They replied: No. He then put this (question) to all of
them. Whenever he asked two of them, they replied in the negative. He,
therefore, cast a lot among them, and attributed the child to the one
who received the lot. He imposed two-third of the blood-money (i.e. the
price of the mother) on him. This was then mentioned to the Prophet
(peace_be_upon_him) and he laughed so much that his molar teeth
appeared.
Book 12, Number 2267:
Narrated Abdullah ibn Amr ibn al-'As:
A
man got up and said: Apostle of Allah, so-and-so is my son; I had
illicit intercourse with his mother in the pre-Islamic period. The
Apostle of Allah (peace_be_upon_him) said: There is no unlawful
claiming of paternity in Islam. What was done in pre-Islamic times has
been annulled. The child is attributed to the one on whose bed it is
born, and the fornicator is deprived of any right.
Book 12, Number 2268:
Narrated Uthman ibn Affan:
Rabah
said: My people married me to a Roman slave-girl of theirs. I had
intercourse with her, and she gave birth to a black (male) child like
me. I named it Abdullah. I again had intercourse with her, and she gave
birth to a black (male) child like me. I named it Ubaydullah. Then a
Roman slave of my people, called Yuhannah, incited her, and spoke to
her in his own unintelligible language. She gave birth to a son like a
chameleon (red).
I
asked her: What is this? She replied: This belongs to Yuhannah. We then
brought the case to Uthman (for a decision). I think Mahdi said these
words. He inquired from both of them, and they acknowledged (the
facts).
He
then said to them: Do you agree that I take the decision about you,
which the Apostle of Allah (peace_be_upon_him) had taken? The Apostle
of Allah (peace_be_upon_him) decided that the child was to attributed
to the one on whose bed it was born. And I think he said: He flogged
her and flogged him, for they were slaves.
Book 12, Number 2269:
Narrated Abdullah ibn Amr ibn al-'As:
A
woman said: Apostle of Allah, my womb is a vessel to this son of mine,
my breasts, a water-skin for him, and my lap a guard for him, yet his
father has divorced me, and wants to take him away from me. The Apostle
of Allah (peace_be_upon_him) said: You have more right to him as long
as you do not marry.
Book 12, Number 2270:
Narrated AbuHurayrah:
Hilal
ibn Usamah quoted AbuMaymunah Salma, client of the people of Medina, as
saying: While I was sitting with AbuHurayrah, a Persian woman came to
him along with a son of hers. She had been divorced by her husband and
they both claimed him.
She said: AbuHurayrah, speaking to him in Persian, my husband wishes to take my son away.
AbuHurayrah said: Cast lots for him, saying it to her in a foreign language.
Then her husband came and asked: Who is disputing with me about my son?
AbuHurayrah
said: O Allah, I do not say this, except that I heard a woman who came
to the Apostle of Allah (peace_be_upon_him) while I was sitting with
him, and she said: My husband wishes to take away my son, Apostle of
Allah, and he draws water for me from the well of AbuInabah, and he has
been good to me.
The
Apostle of Allah (peace_be_upon_him) said: Cast lots for him. Her
husband said: Who is disputing with me about my son? The Prophet
(peace_be_upon_him) said: This is your father and this your mother, so
take whichever of them you wish by the hand. So he took his mother's
hand and she went away with him.
Book 12, Number 2271:
Narrated Ali ibn AbuTalib:
Zayd
ibn Harithah went out to Mecca and brought the daughter of Hamzah with
him. Then Ja'far said: I shall take her; I have more right to her; she
is my uncle's daughter and her maternal aunt is my wife; the maternal
aunt is like mother. Ali said: I am more entitled to take her. She is
my uncle's daughter. The daughter of the Apostle of Allah
(peace_be_upon_him) is my wife, and she has more right to her. Zayd
said: I have more right to her. I went out and journeyed to her, and
brought her with me. The Prophet (peace_be_upon_him) came out.
The
narrator mentioned the rest of the tradition. He (i.e. the Prophet)
said: As for the girl, I decided in favour of Ja'far. She will live
with her maternal aunt. The maternal aunt is like mother.
Book 12, Number 2273:
Narrated Ali ibn AbuTalib:
When
we came out from Mecca, Hamzah's daughter pursued us crying: My uncle.
Ali lifted her and took her by the hand. (Addressing Fatimah he said:)
Take your uncle's daughter. She then lifted her. The narrator then
transmitted the rest of the tradition. Ja'far said: She is my uncle's
daughter. Her maternal aunt is my wife. The Prophet (peace_be_upon_him)
decided in favour of her maternal aunt, and said: The maternal aunt is
like mother.
Book 12, Number 2274:
Narrated Asma bint Yazid al-Ansariyyah:
Amr
ibn Muhajir reported on the authority of his father: Asma', daughter of
Yazid ibn as-Sakan al-Ansariyyah, was divorced in the time of the
Apostle of Allah (peace_be_upon_him). No waiting period was prescribed
for a divorced woman (at that time). When Asma' was divorced, Allah,
the Exalted, sent down the injunction of waiting period for divorce.
She is the first of the divorced women about whom the verse relating to
waiting period was sent down.
Book 12, Number 2275:
Narrated Abdullah ibn Abbas:
Women
who are divorced shall wait, keeping themselves apart, three monthly
courses; and then said: And for such of your women as despair of
menstruation, if ye doubt, their period (of waiting) shall be three
months. This was abrogated from the former verse. Again he said: (O ye
who believe, if ye wed believing women) and divorce them before ye have
touched them, then there is no period that ye should reckon."
Book 12, Number 2276:
Narrated Umar ibn al-Khattab:
The Prophet (peace_be_upon_him) divorced Hafsah, but he took her back in marriage.
Book 12, Number 2282:
Narrated Fatimah daughter of Qays:
AbuSalamah
reported on the authority of Fatimah daughter of Qays who said to him
that she was the wife of AbuHafs ibn al-Mughirah who divorced her by
three pronouncements. She said that she came to the Apostle of Allah
(peace_be_upon_him) and sought his opinion about her going out from her
house. He commanded her to shift to (the house of )Ibn Umm Maktum who
was blind. Marwan denied to confirm the tradition of Fatimah about the
going out of a divorced woman from her house. Urwah said: Aisha
objected to Fatimah daughter of Qays.
Book 12, Number 2285:
Narrated Aisha, Ummul Mu'minin:
Urwah
said: Aisha (Allah be pleased with her) severely objected to the
tradition of Fatimah daughter of Qays. She said: Fatimah lived in a
desolate house and she feared for her loneliness there. Hence the
Apostle of Allah (peace_be_upon_him) accorded permission to her (to
leave the place).
Book 12, Number 2286:
Narrated Aisha, Ummul Mu'minin:
Urwah
ibn az-Zubayr said: Aisha was asked: Did you not see (i.e. known) the
statement of Fatimah? She replied: It is not good for her to mention it
(to others).
Book 12, Number 2288:
Narrated Aisha, Ummul Mu'minin:
Al-Qasim
ibn Muhammad and Sulayman ibn Yasar reported: Yahya ibn Sa'id ibn
al-'As divorced the daughter of AbdurRahman ibn al-Hakam absolutely.
AbdurRahman shifted her (from there). Aisha sent a message to Marwan
ibn al-Hakam who was the governor of Medina, and said to him: Fear
Allah, and return the woman to her home. Marwan said (according to
Sulayman's version): AbdurRahman forced me. Marwan said (according to
the version of al-Qasim): Did not the case of Fatimah daughter of Qays
reach you? Aisha replied: There would be no harm to you if you did not
make mention of the tradition of Fatimah. Marwan said: If you think
that it was due to some evil (i.e. reason), then it is sufficient for
you to see that there is also an evil between the two.
Book 12, Number 2292:
Narrated Umm Salamah ; Umm Habibah ; Zaynab bint Jahsh:
Humayd ibn Nafi' reported the following three traditions on the authority of Zaynab, daughter of AbuSalamah:
Zaynab
said: I visited Umm Habibah when her father AbuSufyan, died. She asked
for some yellow perfume containing saffron (khaluq) or something else.
Then she applied it to a girl and touched her cheeks.
She
said: I have no need of perfume, but I heard the Apostle of Allah
(peace_be_upon_him) say: It is not lawful for a woman who believes in
Allah and the Last Day to observe mourning for one who has died, more
than three nights, except for four months and ten days in the case of a
husband.
Zaynab
said: I also visited Zaynab, daughter of Jahsh, when her brother died.
She asked for some perfume and used it upon herself.
She
then said: I have no need of perfume, but I heard the Apostle of Allah
(peace_be_upon_him) say when he was on the pulpit: It is not lawful for
a woman who believes in Allah and the Last Day to observe mourning for
one who has died, more than three nights, except for four months and
ten days in the case of a husband.
Zaynab
said: I heard my mother, Umm Salamah, say: A woman came to the Apostle
of Allah (peace_be_upon_him) and said: Apostle of Allah, the husband of
my daughter has died, and she is suffering from sore eyes; may we put
antimony in her eyes?
The
Apostle of Allah (peace_be_upon_him) said: No. He said this twice or
thrice. Each time he said: No. The Apostle of Allah (peace_be_upon_him)
said: The waiting period is now four months and ten days. In
pre-Islamic days one of you used to throw away a piece of dung at the
end of a year.
Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.
Zaynab
replied: When the husband of a woman died, she entered a small cell and
put on shabby clothes, not touching perfume or any other thing until a
year passed. Then an animal such as donkey or sheep or bird was
provided for her. She rubbed herself with it. The animal with which she
rubbed herself rarely survived. She then came out and was given a piece
of dung which she threw away. She then used perfume or something else
which she desired.
Book 12, Number 2293:
Narrated Furay'ah, daughter of Malik ibn Sinan:
Zaynab,
daughter of Ka'b ibn Ujrah narrated that Furay'ah daughter of Malik ibn
Sinan, told her that she came to the Apostle of Allah
(peace_be_upon_him) and asked him whether she could return to her
people, Banu Khidrah, for her husband went out seeking his slaves who
ran away. When they met him at al-Qudum, they murdered him.
So
I asked the Apostle of Allah (peace_be_upon_him): "Should I return to
my people, for he did not leave any dwelling house of his own and
maintenance for me?
She
said: The Apostle of Allah (peace_be_upon_him) replied: Yes. She said:
I came out, and when I was in the apartment or in the mosque, he called
for me, or he commanded (someone to call me) and, therefore, I was
called.
He
said: what did you say? So I repeated my story which I had already
mentioned about my husband. Thereupon he said: Stay in your house till
the term lapses. She said:
So
I passed my waiting period in it (her house) for four months and ten
days. When Uthman ibn Affan became caliph, he sent for me and asked me
about that; so I informed him, and he followed it and decided cases
accordingly.
Book 12, Number 2297:
Narrated Umm Salamah, Ummul Mu'minin:
The
Prophet (peace_be_upon_him) said: A woman whose husband has died must
not wear clothes dyed with safflower (usfur) or with red ochre (mishq)
and ornaments. She must not apply henna and collyrium.
Book 12, Number 2298:
Narrated Umm Salamah, Ummul Mu'minin:
Umm
Hakim, daughter of Usayd, reported on the authority of her mother that
her husband died and she was suffering from sore eyes. She therefore
applied collyrium (jala'). Ahmad said: The correct version is
"glittering collyrium (kuhl al-jala'). She sent her slave-girl to Umm
Salamah, and she asked her about the use of glittering collyrium (kuhl
al-jala').
She
said: Do not apply it except in the case of dire need which is
troubling you. In that case you can use it at night, but you should
remove it in the daytime. Then Umm Salamah said: The Apostle of Allah
(peace_be_upon_him) came to visit me when AbuSalamah died, and I had
put the juice of aloes in my eye.
He
asked : What is this, Umm Salamah? I replied: It is only the juice of
aloes and contains no perfume. He said: It gives the face a glow, so
apply it only at night and remove it in daytime, and do not comb
yourself with scent or henna, for it is a dye. I asked: What should I
use when I comb myself, Apostle of Allah? He said: Use lote-tree leaves
and smear your head copiously with them.
Book 12, Number 2300:
Narrated Abdullah ibn Mas'ud:
I
can invoke the curse of Allah on anyone who wishes: The smaller surat
an-Nisa (i.e. Surat at-Talaq) was revealed after the verse regarding
the waiting period of four months and ten days had been revealed.
Book 12, Number 2301:
Narrated Amr ibn al-'As:
Do
not confuse us about his Sunnah. Ibn al-Muthanna said: The Sunnah of
our Prophet (peace_be_upon_him) is that the waiting period of a
slave-mother whose husband has died is four months and ten days.
Book 12, Number 2302:
Narrated Aisha, Ummul Mu'minin:
The
Apostle of Allah (peace_be_upon_him) was asked about a man who divorced
his wife three times, and she married another who entered upon her, but
divorced her before having intercourse with her, whether she was lawful
for the former husband. She said: The Prophet (peace_be_upon_him)
replied: She is not lawful for the first (husband) until she tastes the
honey of the other husband and he tastes her honey.
Book 12, Number 2304:
Narrated Jabir ibn Abdullah:
Musaykah,
a slave-girl of some Ansari, came and said: My master forces me to
commit fornication. Thereupon the following verse was revealed: "But
force not your maids to prostitution (when they desire chastity)."