Sahih al-Bukhari: Book 68: Divorce

Sahih al-Bukhari · Book 68 of 97

Divorce

كتاب الطلاق

Hadith 5251 – 535098 Ahadith

Chapter 1

The Statement of Allah: “O Prophet! When you divorce women, divorce them at their ‘Idda (prescribed periods) and count (accurately) their ‘Idda (prescribed periods)…” (V.65:1)

بَابُ قَوْلُ اللَّهِ تَعَالَى: {يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ}

5251. Narrated ‘Abdullah bin ‘Umar (radhiyallahu anhuma):

that he had divorced his wife while she was menstruating during the lifetime of Allah’s Messenger ﷺ . ‘Umar bin Al-Khattab asked Allah’s Messenger ﷺ about that. Allah’s Messenger ﷺ said, “Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced.”

Reference
: Sahih al-Bukhari 5251
USC-MSA reference
: Vol. 7, Book 63, Hadith 178 (old numbering)
Chapter 2

If a woman is divorced during her menses, then that divorce is counted as one legal divorce.

باب إِذَا طُلِّقَتِ الْحَائِضُ يُعْتَدُّ بِذَلِكَ الطَّلاَقِ

5252. Narrated Anas bin Sirin:

Ibn ‘Umar said: “I divorced my wife while she was menstruating. ‘Umar mentioned that to the Prophet ﷺ . The Prophet ﷺ said, (to my father), “Let your son take her back.” I asked (Ibn ‘Umar), “Is such a divorce counted (i.e. as one legal divorce)?” Ibn ‘Umar said, “Of course.” Narrated Yunus bin Jubair: Ibn ‘Umar said, “The Prophet ﷺ said to ‘Umar, ‘Order him (Ibn ‘Umar) to take her back.’ ” I asked, “Is such a divorce counted (as one legal divorce)?” Ibn ‘Umar said, “What do you think if someone becomes helpless and foolish?”

Reference
: Sahih al-Bukhari 5252
USC-MSA reference
: Vol. 7, Book 63, Hadith 179 (old numbering)

5253. Narrated Ibn ‘Umar (radhiyallahu anhuma):

(Divorcing my wife during her menses) was counted as one legal divorce.

Reference
: Sahih al-Bukhari 5253
USC-MSA reference
: Vol. 7, Book 63, Hadith 180 (old numbering)
Chapter 3

Whoever divorced (his wife), and should a man tell his wife face to face that she is divorced.

باب مَنْ طَلَّقَ وَهَلْ يُوَاجِهُ الرَّجُلُ امْرَأَتَهُ بِالطَّلاَقِ

5254. Narrated Al-Awza:

I asked Az-Zuhri, “Which of the wives of the Prophet ﷺ sought refuge with Allah from him?” He said “I was told by ‘Ursa that ‘Aishah said, ‘When the daughter of Al-Jaun was brought to Allah’s Messenger ﷺ (as his bride) and he went near her, she said, “I seek refuge with Allah from you.” He said, “You have sought refuge with The Great; return to your family.”

Reference
: Sahih al-Bukhari 5254
USC-MSA reference
: Vol. 7, Book 63, Hadith 181 (old numbering)

5255. Narrated Abu Usaid (radhiyallahu anhu):

We went out with the Prophet ﷺ to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet ﷺ said, “Sit here,” and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An-Nu’man bin Sharahil, and her wet nurse was with her. When the Prophet ﷺ entered upon her, he said to her, “Give me yourself (in marriage) as a gift.” She said, “Can a princess give herself in marriage to an ordinary man?” The Prophet ﷺ raised his hand to pat her so that she might become tranquil. She said, “I seek refuge with Allah from you.” He said, “You have sought refuge with One Who gives refuge. Then the Prophet ﷺ came out to us and said, “O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family.”

Reference
: Sahih al-Bukhari 5255
USC-MSA reference
: Vol. 7, Book 63, Hadith 182 (old numbering)

5256. Narrated Sahl and Abu Usaid:

The Prophet ﷺ married Umaima bint Sharahil, and when she was brought to him, he stretched his hand towards her. It seemed that she disliked that, whereupon the Prophet ﷺ ordered Abu Usaid to prepare her and to provide her with two white linen dresses. (See Hadith No. 541).

Reference
: Sahih al-Bukhari 5256
USC-MSA reference
: Vol. 7, Book 63, Hadith 182 (old numbering)

5257. Narrated Sahl bin Sad (radhiyallahu anhu):

similarly as above (182).

Reference
: Sahih al-Bukhari 5257
USC-MSA reference
: Vol. 7, Book 63, Hadith 183 (old numbering)

5258. Narrated Abi Ghallab Yunus bin Jubair:

I asked Ibn ‘Umar,”(What is said regarding) a man divorces his wife during her period?” He said, “Do you know Ibn ‘Umar? Ibn ‘Umar divorced his wife while she was menstruating. ‘Umar then went to the Prophet ﷺ and mentioned that to him. The Prophet ﷺ ordered him to take her back and when she became clean, he could divorce her if he wanted.” I asked (Ibn ‘Umar), “Was that divorce counted as one legal divorce?” He said, “If one becomes helpless and foolish (will he be excused? Of course not). “

Reference
: Sahih al-Bukhari 5258
USC-MSA reference
: Vol. 7, Book 63, Hadith 184 (old numbering)
Chapter 4

Whoever thinks it permissible to divorce one’s wife thrice (at a time), depending on the Statement of Allah: “The divorce is twice; after that either you retain her on reasonable terms or release her with kindness.” (V.2:229)

باب مَنْ أَجَازَ طَلاَقَ الثَّلاَثِ

5259. Narrated Sahl bin Sad As-Sa’idi (radhiyallahu anhu):

Uwaimir Al-‘Ajlani came to ‘Asim bin Adi Al-Ansari and asked, “O ‘Asim! Tell me, if a man sees his wife with another man, should he kill him, whereupon you would kill him in Qisas, or what should he do? O ‘Asim! Please ask Allah’s Messenger ﷺ about that.” ‘Asim asked Allah’s Messenger ﷺ about that. Allah’s Messenger ﷺ disliked that question and considered it disgraceful. What ‘Asim heard from Allah’s Messenger ﷺ was hard on him. When he returned to his family, ‘Uwaimir came to him and said “O ‘Asim! What did Allah’s Messenger ﷺ say to you?” ‘Asim said, “You never bring me any good. Allah’s Messenger ﷺ disliked to hear the problem which I asked him about.” ‘Uwaimir said, “By Allah, I will not leave the matter till I ask him about it.” So ‘Uwaimir proceeded till he came to Allah’s Messenger ﷺ who was in the midst of the people and said, “O Allah’s Messenger ﷺ! If a man finds with his wife another man, should he kill him, whereupon you would kill him (in Qisas): or otherwise, what should he do?” Allah’s Messenger ﷺ said, “Allah has revealed something concerning the question of you and your wife. Go and bring her here.” So they both carried out the judgment of Lian, while I was present among the people (as a witness). When both of them had finished, ‘Uwaimir said, “O Allah’s Messenger ﷺ! If I should now keep my wife with me, then I have told a lie”. Then he pronounced his decision to divorce her thrice before Allah’s Messenger ﷺ ordered him to do so. (Ibn Shihab said, “That was the tradition for all those who are involved in a case of Lian.”

Reference
: Sahih al-Bukhari 5259
USC-MSA reference
: Vol. 7, Book 63, Hadith 185 (old numbering)

5260. Narrated ‘Aishah (radhiyallahu anha):

The wife of Rifa’a Al-Qurazi came to Allah’s Messenger ﷺ and said, “O Allah’s Messenger ﷺ! Rifa’a divorced me irrevocably. After him I married ‘Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent.” Allah’s Messenger ﷺ said to her, “Perhaps you want to return to Rifa’a? Nay (you cannot return to Rifa’a) until you and ‘Abdur-Rahman consummate your marriage.”

Reference
: Sahih al-Bukhari 5260
USC-MSA reference
: Vol. 7, Book 63, Hadith 186 (old numbering)

5261. Narrated ‘Aishah (radhiyallahu anha):

A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet ﷺ was asked if she could legally marry the first husband (or not). The Prophet ﷺ replied, “No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done.”

Reference
: Sahih al-Bukhari 5261
USC-MSA reference
: Vol. 7, Book 63, Hadith 187 (old numbering)
Chapter 5

Whoever gave option to his wives. And the Statement of Allah: “O Prophet (Muhammad ﷺ)! Say to your wives: ‘If you desire the life of this world and its glitter, then come! I will make a provision for you and set you free in a handsome manner (divorce).'” (V.33:28)

باب مَنْ خَيَّرَ نِسَاءَهُ

5262. Narrated ‘Aishah (radhiyallahu anha):

Allah’s Messenger ﷺ gave us the option (to remain with him or to be divorced) and we selected Allah and His Messenger ﷺ . So, giving us that option was not regarded as divorce.

Reference
: Sahih al-Bukhari 5262
USC-MSA reference
: Vol. 7, Book 63, Hadith 188 (old numbering)

5263. Narrated Musruq:

I asked ‘Aishah about the option: She said, “The Prophet ﷺ gave us the option. Do you think that option was considered as a divorce?” I said, “It matters little to me if I give my wife the option once or a hundred times after she has chosen me.”

Reference
: Sahih al-Bukhari 5263
USC-MSA reference
: Vol. 7, Book 63, Hadith 189 (old numbering)
Chapter 6

If a man says (to his wife) “I have parted with you,” or “I have released you,” or any other expression which may indicate divorce, then the real meaning of what he says depends on his intention.

بَابُ إِذَا قَالَ فَارَقْتُكِ أَوْ سَرَّحْتُكِ

Chapter 7

Whoever said to his wife: “You are Haram (unlawful) for me.”

باب مَنْ قَالَ لاِمْرَأَتِهِ أَنْتِ عَلَىَّ حَرَامٌ

5264. Nafi’ said: When Ibn ‘Umar was asked about a person who had given three divorces, he said, “Would that you gave one or two divorces, for the Prophet ﷺ ordered me to do so. If you give three divorces then she cannot be lawful for you until she has married another husband (and is divorced by him).”

Reference
: Sahih al-Bukhari 5264
USC-MSA reference
: Vol. 7, Book 63, Hadith 189 (old numbering)

5265. Narrated ‘Aishah (radhiyallahu anha):

A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet ﷺ and said, “O Allah’s Messenger ﷺ! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?” Allah’s Messenger ﷺ said, “It is unlawful to marry your first husband till the other husband consummates his marriage with you.”

Reference
: Sahih al-Bukhari 5265
USC-MSA reference
: Vol. 7, Book 63, Hadith 190 (old numbering)
Chapter 8

“O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you…?” (V.66:1)

باب {لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ}

5266. Narrated Said bin Jubair:

that he heard Ibn ‘Abbas saying, “If a man makes his wife unlawful for him, it does not mean that she is divorced.” He added, “Indeed in the Messenger ﷺ of Allah , you have a good example to follow.”

Reference
: Sahih al-Bukhari 5266
USC-MSA reference
: Vol. 7, Book 63, Hadith 191 (old numbering)

5267. Narrated ‘Ubaid bin ‘Umar:

I heard ‘Aishah saying, “The Prophet ﷺ used to stay for a long while with Zanab bint Jahsh and drink honey at her house. So Hafsa and I decided that if the Prophet ﷺ came to anyone of us, she should say him, “I detect the smell of Maghafir (a nasty smelling gum) in you. Have you eaten Maghafir?’ ” So the Prophet ﷺ visited one of them and she said to him similarly. The Prophet ﷺ said, “Never mind, I have taken some honey at the house of Zainab bint Jahsh, but I shall never drink of it anymore.” So there was revealed: ‘O Prophet ﷺ ! Why do you ban (for you) that which Allah has made lawful for you . . . If you two (wives of Prophet ﷺ) turn in repentance to Allah,’ (66.1-4) addressing ‘Aishah and Hafsa. ‘When the Prophet ﷺ disclosed a matter in confidence to some of his wives.’ (66.3) namely his saying: But I have taken some honey.”

Reference
: Sahih al-Bukhari 5267
USC-MSA reference
: Vol. 7, Book 63, Hadith 192 (old numbering)

5268. Narrated ‘Aishah (radhiyallahu anha):

Allah’s Messenger ﷺ was fond of honey and sweet edible things and (it was his habit) that after finishing the ‘Asr prayer he would visit his wives and stay with one of them at that time. Once he went to Hafsa, the daughter of ‘Umar and stayed with her more than usual. I got jealous and asked the reason for that. I was told that a lady of her folk had given her a skin filled with honey as a present, and that she made a syrup from it and gave it to the Prophet ﷺ to drink (and that was the reason for the delay). I said, “By Allah we will play a trick on him (to prevent him from doing so).” So I said to Sada bint Zam’a “The Prophet ﷺ will approach you, and when he comes near you, say: ‘Have you taken Maghafir (a bad-smelling gum)?’ He will say, ‘No.’ Then say to him: ‘Then what is this bad smell which i smell from you?’ He will say to you, ‘Hafsa made me drink honey syrup.’ Then say: Perhaps the bees of that honey had sucked the juice of the tree of Al-‘Urfut.’ I shall also say the same. O you, Safiyya, say the same.” Later Sada said, “By Allah, as soon as he (the Prophet ﷺ ) stood at the door, I was about to say to him what you had ordered me to say because I was afraid of you.” So when the Prophet ﷺ came near Sada, she said to him, “O Allah’s Messenger ﷺ! Have you taken Maghafir?” He said, “No.” She said. “Then what is this bad smell which I detect on you?” He said, “Hafsa made me drink honey syrup.” She said, “Perhaps its bees had sucked the juice of Al-‘Urfut tree.” When he came to me, I also said the same, and when he went to Safiyya, she also said the same. And when the Prophet ﷺ again went to Hafsa, she said, ‘O Allah’s Messenger ﷺ! Shall I give you more of that drink?” He said, “I am not in need of it.” Sada said, “By Allah, we deprived him (of it).” I said to her, “Keep quiet.” ‘

Reference
: Sahih al-Bukhari 5268
USC-MSA reference
: Vol. 7, Book 63, Hadith 193 (old numbering)
Chapter 9

There is no divorce before marriage. And the Statement of Allah: “O you who believe! When you marry believing women and then divorce them before you have sexual intercourse with them, no ‘Idda [divorce prescribed period (V.65:4)] have you to count in respect of them. So give them a present and set them free (i.e., divorce) in a handsome manner.” (V.33:49)

بَابُ لاَ طَلاَقَ قَبْلَ النِّكَاحِ

Chapter 10

If, under compulsion, somebody says about his wife, “She is my sister,” there is no blame on him.

بَابُ إِذَا قَالَ لاِمْرَأَتِهِ وَهْوَ مُكْرَهٌ هَذِهِ أُخْتِي. فَلاَ شَيْءَ عَلَيْهِ

Chapter 11

(What is said regarding) a divorce given in a state of anger, under compulsion or under the effect of intoxicants or insanity. And what is the verdict about them. And what if one ascribes partners to Allah or divorces his wife or does other things by mistake or through forgetfulness. We may refer to the saying of the Prophet ﷺ: “The deeds are evaluated according to one’s intentions, and everybody will receive the reward of what he has intended.”

باب الطَّلاَقِ فِي الإِغْلاَقِ

5269. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ said, “Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered.” And Qatada said, “If someone divorces his wife just in his mind, such an unuttered divorce has no effect.:

Reference
: Sahih al-Bukhari 5269
USC-MSA reference
: Vol. 7, Book 63, Hadith 194 (old numbering)

5270. Narrated Jabir (radhiyallahu anhuma):

A man from the tribe of Bani Aslam came to the Prophet ﷺ while he was in the mosque and said, “I have committed illegal sexual intercourse.” The Prophet ﷺ turned his face to the other side. The man turned towards the side towards which the Prophet ﷺ had turned his face, and gave four witnesses against himself. On that the Prophet ﷺ called him and said, “Are you insane?” (He added), “Are you married?” The man said, ‘Yes.” On that the Prophet ﷺ ordered him to be stoned to the death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al-Harra and then killed

Reference
: Sahih al-Bukhari 5270
USC-MSA reference
: Vol. 7, Book 63, Hadith 195 (old numbering)

5271. Narrated Abu Hurairah (radhiyallahu anhu):

A man from Bani Aslam came to Allah’s Messenger ﷺ while he was in the mosque and called (the Prophet ﷺ ) saying, “O Allah’s Messenger ﷺ! I have committed illegal sexual intercourse.” On that the Prophet ﷺ turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet ﷺ had turned his face, and said, “O Allah’s Messenger ﷺ! I have committed illegal sexual intercourse.” The Prophet ﷺ turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet ﷺ had turned his face, and repeated his statement. The Prophet ﷺ turned his face (from him) to the other side again. The man moved again (and repeated his statement) for the fourth time. So when the man had given witness four times against himself, the Prophet ﷺ called him and said, “Are you insane?” He replied, “No.” The Prophet ﷺ then said (to his companions), “Go and stone him to death.” The man was a married one.

Reference
: Sahih al-Bukhari 5271
USC-MSA reference
: Vol. 7, Book 63, Hadith 196 (old numbering)

5272. Jabir bin ‘Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla (‘Id praying place) in Al-Madina. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died.

Reference
: Sahih al-Bukhari 5272
USC-MSA reference
: Vol. 7, Book 63, Hadith 196 (old numbering)
Chapter 12

Al-Khul’ and how a divorce is given according to it. And the Statement of Allah: “It is not lawful for you (men) to take back (from your wives) any of your Mahr, which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah…” (V.2:229)

باب الْخُلْعِ وَكَيْفَ الطَّلاَقُ فِيهِ

5273. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The wife of Thabit bin Qais came to the Prophet ﷺ and said, “O Allah’s Messenger ﷺ! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him).” On that Allah’s Messenger ﷺ said (to her), “Will you give back the garden which your husband has given you (as Mahr)?” She said, “Yes.” Then the Prophet ﷺ said to Thabit, “O Thabit! Accept your garden, and divorce her once.”

Reference
: Sahih al-Bukhari 5273
USC-MSA reference
: Vol. 7, Book 63, Hadith 197 (old numbering)

5274. Narrated ‘Ikrima:

The sister of ‘Abdullah bin Ubai narrated (the above narration, 197) with the addition that the Prophet ﷺ said to Thabit’s wife, “Will you return his garden?” She said, “Yes,” and returned it, and (then) the Prophet ﷺ ordered Thabit to divorce her.

Reference
: Sahih al-Bukhari 5274
USC-MSA reference
: Vol. 7, Book 63, Hadith 198 (old numbering)

5275. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The wife of Thabit bin Qais came to Allah’s Messenger ﷺ and said, “O Allah’s Messenger ﷺ! I do not blame Thabit for any defects in his character or his religion, but I cannot endure to live with him.” On that Allah’s Messenger ﷺ said, “Will you return his garden to him?” She said, “Yes.”

Reference
: Sahih al-Bukhari 5275
USC-MSA reference
: Vol. 7, Book 63, Hadith 198 (old numbering)

5276. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The wife of Thabit bin Qais bin Shammas came to the Prophet ﷺ and said, “O Allah’s Messenger ﷺ! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah’s Blessings.” On that, Allah’s Messenger ﷺ said (to her), ‘Will you return his garden to him?” She said, “Yes.” So she returned his garden to him and the Prophet ﷺ told him to divorce her.

Reference
: Sahih al-Bukhari 5276
USC-MSA reference
: Vol. 7, Book 63, Hadith 199 (old numbering)

5277. Narrated ‘Ikrima:

that Jamila… Then he related the whole ,Hadith, (i.e. 199).

Reference
: Sahih al-Bukhari 5277
USC-MSA reference
: Vol. 7, Book 63, Hadith 200 (old numbering)
Chapter 13

Ash-Shiqaq (the breach between the man and his wife). Is Khul’ to be recommended if necessary? And the Statement of Allah: “If you fear a breach between them twain (the man and his wife)…” (V.4:35)

باب الشِّقَاقِ

5278. Narrated Al-Miswar bin Makhrama Az-Zuhri (radhiyallahu anhu):

I heard the Prophet ﷺ saying, “Banu Al-Mughira have asked my leave to let ‘Ali marry their daughter, but I give no leave to this effect.”

Reference
: Sahih al-Bukhari 5278
USC-MSA reference
: Vol. 7, Book 63, Hadith 201 (old numbering)
Chapter 14

Selling a female slave does not necessarily lead to her divorce.

باب لاَ يَكُونُ بَيْعُ الأَمَةِ طَلاَقًا

5279. Narrated ‘Aishah (radhiyallahu anha):

(the wife of the Prophet ﷺ) Three traditions were established concerning situations in which Barra was involved: When she was manumitted, she was given the option to keep her husband or leave him; Allah’s Messenger ﷺ said, “The wala is for the one who manumits, Once Allah’s Messenger ﷺ entered the house while some meat was being cooked in a pot, but only bread and some soup of the house were placed before, him. He said, “Don’t I see the pot containing meat?” They said, “Yes, but that meat was given to Barira in charity (by someone), and you do not eat what it given in charity.”The Prophet ﷺ said “That meat is alms for her, but for us it is a present.”

Reference
: Sahih al-Bukhari 5279
USC-MSA reference
: Vol. 7, Book 63, Hadith 202 (old numbering)
Chapter 15

A female slave, whose husband is a slave, has the option to keep him or leave him (when she is manumitted).

باب خِيَارِ الأَمَةِ تَحْتَ الْعَبْدِ

5280. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

I saw him as a slave, (namely, Barira’s husband).

Reference
: Sahih al-Bukhari 5280
USC-MSA reference
: Vol. 7, Book 63, Hadith 203 (old numbering)

5281. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

That was Mughith, the slave of Bani so-and-so, i.e., Barira’s husband as if I am now looking at him following her (Barira) along the streets of Al-Madina.

Reference
: Sahih al-Bukhari 5281
USC-MSA reference
: Vol. 7, Book 63, Hadith 204 (old numbering)

5282. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

Barira’s husband was a black slave called Mughith, the slave of Bani so-and-so– as if I am seeing him now, walking behind her along the streets of Al-Madina.

Reference
: Sahih al-Bukhari 5282
USC-MSA reference
: Vol. 7, Book 63, Hadith 205 (old numbering)
Chapter 16

The intercession of the Prophet ﷺ for Barira’s husband.

باب شَفَاعَةِ النَّبِيِّ صلى الله عليه وسلم فِي زَوْجِ بَرِيرَةَ

5283. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

Barira’s husband was a slave called Mughith, as if I am seeing him now, going behind Barira and weeping with his tears flowing down his beard. The Prophet ﷺ said to ‘Abbas, “O ‘Abbas ! are you not astonished at the love of Mughith for Barira and the hatred of Barira for Mughith?” The Prophet ﷺ then said to Barira, “Why don’t you return to him?” She said, “O Allah’s Messenger ﷺ! Do you order me to do so?” He said, “No, I only intercede for him.” She said, “I am not in need of him.”

Reference
: Sahih al-Bukhari 5283
USC-MSA reference
: Vol. 7, Book 63, Hadith 206 (old numbering)

5284. Narrated Al-Aswad:

‘Aishah intended to buy Barira, but her masters stipulated that her wala wound be for them. ‘Aishah mentioned that to the Prophet ﷺ who said (to ‘Aishah), “Buy and manumit her, for the wala is for the one who manumits.” Once some me; was brought to the Prophet ﷺ and was said, “This meat was given in charity to Barira. ” The Prophet ﷺ said, “It an object of charity for Barira and present for us.”

Reference
: Sahih al-Bukhari 5284
USC-MSA reference
: Vol. 7, Book 63, Hadith 207 (old numbering)

Narrated Adam:

Shu’ba relate the same Hadith and added: Barira was given the option regarding her husband

USC-MSA reference
: Vol. 7, Book 63, Hadith 208 (old numbering)
Chapter 18

The Statement of Allah: “Do not marry Al-Mushrikat (idolatresses) till they believe (i.e. worship Allah Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress) even though she pleases you.” (V.2:221)

بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَلاَ تَنْكِحُوا الْمُشْرِكَاتِ حَتَّى يُؤْمِنَّ وَلأَمَةٌ مُؤْمِنَةٌ خَيْرٌ مِنْ مُشْرِكَةٍ وَلَوْ أَعْجَبَتْكُمْ}

5285. Narrated Nafi’:

Whenever Ibn ‘Umar was asked about marrying a Christian lady or a Jewess, he would say: “Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jesus is her Lord although he is just one of Allah’s slaves.”

Reference
: Sahih al-Bukhari 5285
USC-MSA reference
: Vol. 7, Book 63, Hadith 209 (old numbering)
Chapter 19

Marrying Al-Mushrikat (pagan ladies) who had embraced Islam; and their ‘Idda.

باب نِكَاحِ مَنْ أَسْلَمَ مِنَ الْمُشْرِكَاتِ وَعِدَّتِهِنَّ

5286. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

The pagans were of two kinds as regards their relationship to the Prophet ﷺ and the Believers. Some of them were those with whom the Prophet ﷺ was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet ﷺ made a treaty, and neither did the Prophet ﷺ fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid’s narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

Reference
: Sahih al-Bukhari 5286
USC-MSA reference
: Vol. 7, Book 63, Hadith 210 (old numbering)

5287. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

Qariba, the daughter of Abi Umaiyya, was the wife of ‘Umar bin Al-Khattab. ‘Umar divorced her and then Mu’awiyya bin Abi Sufyan married her. Similarly, Um Al-Hakam, the daughter of Abi Sufyan was the wife of ‘Iyad bin Ghanm Al-Fihri. He divorced her and then ‘Abdullah bin ‘Uthman Al-Thaqafi married her.

Reference
: Sahih al-Bukhari 5287
USC-MSA reference
: Vol. 7, Book 63, Hadith 210 (old numbering)
Chapter 20

(What) if an idolatress (Al-Mushrikah) or a Christian woman becomes a Muslim while she is the wife of a Dhimmi (i.e., a non-Muslim under the protection of a Muslim government), or a Mushrik at war with the Muslims?

باب إِذَا أَسْلَمَتِ الْمُشْرِكَةُ أَوِ النَّصْرَانِيَّةُ تَحْتَ الذِّمِّيِّ أَوِ الْحَرْبِيِّ.

5288. Narrated ‘Aishah (radhiyallahu anha):

(the wife of the Prophet ﷺ) When believing women came to the Prophet ﷺ as emigrants, he used to test them in accordance with the order of Allah. ‘O you who believe! When believing women come to you as emigrants, examine them . . .’ (60.10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah’s Messenger ﷺ would say to them, “Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah’s Messenger ﷺ never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah’s Messenger ﷺ did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, “I have accepted your oath of allegiance.”

Reference
: Sahih al-Bukhari 5288
USC-MSA reference
: Vol. 7, Book 63, Hadith 211 (old numbering)
Chapter 21

The Statement of Allah: “Those who take an oath not to have sexual relations with their wives, must wait four months…” (V.2:226)

بَابُ قَوْلِ اللَّهِ تَعَالَى: {لِلَّذِينَ يُؤْلُونَ مِنْ نِسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ} إِلَى قَوْلِهِ: {سَمِيعٌ عَلِيمٌ} {فَإِنْ فَاءُوا} رَجَعُوا

5289. Narrated Anas bin Malik (radhiyallahu anhu):

Allah’s Messenger ﷺ took an oath that he would abstain from his wives, and at that time his leg had been sprained (dislocated). So he stayed in the Mashruba (an attic room) of his for 29 days. Then he came down, and they (the people) said, “O Allah’s Messenger ﷺ! You took an oath to abstain from your wives for one month.” He said, “The month is of twenty nine days.”

Reference
: Sahih al-Bukhari 5289
USC-MSA reference
: Vol. 7, Book 63, Hadith 212 (old numbering)

5290. Narrated Nafi:

Ibn ‘Umar used to say about the Ila (which Allah defined (in the Holy Book), “If the period of Ila expires, then the husband has either to retain his wife in a handsome manner or to divorce her as Allah has ordered.”

Reference
: Sahih al-Bukhari 5290
USC-MSA reference
: Vol. 7, Book 63, Hadith 213 (old numbering)

5291. Ibn ‘Umar added, “When the period of four months has expired, the husband should be put in prison so that he should divorce his wife, but the divorce does not occur unless the husband himself declares it. This has been mentioned by ‘Uthman, ‘Ali, Abu Ad-Darda, ‘Aishah and twelve other companions of the Prophet ﷺ .”

Reference
: Sahih al-Bukhari 5291
USC-MSA reference
: Vol. 7, Book 63, Hadith 213 (old numbering)
Chapter 22

What are the regulations concerning the property and the family of a lost person?

باب حُكْمِ الْمَفْقُودِ فِي أَهْلِهِ وَمَالِهِ

5292. Narrated Yazid:

(the Maula of Munba’ith) The Prophet ﷺ was asked regarding the case of a lost sheep. He said, “You should take it, because it is for you, or for your brother, or for the wolf.” Then he was asked about a lost camel. He got angry and his face became red and he said (to the questioner), “You have nothing to do with it; it has its feet and its water container with it; it can go on drinking water and eating trees till its owner meets it.” And then the Prophet ﷺ was asked about a Luqata (money found by somebody). He said, “Remember and recognize its tying material and its container, and make public announcement about it for one year. If somebody comes and identifies it (then give it to him), otherwise add it to your property.”

Reference
: Sahih al-Bukhari 5292
USC-MSA reference
: Vol. 7, Book 63, Hadith 214 (old numbering)
Chapter 23

Az-Zihar. And the Statement of Allah: “Indeed Allah has heard the statement of her (Khaula bint Tha’laba) that disputes with you (O Muhammad ﷺ) concerning her husband (Aus bin As-Samit)… (up to)… and for him who is unable to do so, he should feed sixty of the poor.” (V.58:1-4)

بَابُ الظِّهَارِ

Chapter 24

Using gestures to express the decision of divorcing and other matters.

باب الإِشَارَةِ فِي الطَّلاَقِ وَالأُمُورِ

5293. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

Allah’s Messenger ﷺ performed the Tawaf (around the Ka’bah while riding his camel, and every time he reached the corner (of the Black Stone) he pointed at it with his hand and said, “Allahu Akbar.” (Zainab said: The Prophet ﷺ said, “An opening has been made in the wall of Gog and Magog like this and this,” forming the number 90 (with his thumb and index finger).

Reference
: Sahih al-Bukhari 5293
USC-MSA reference
: Vol. 7, Book 63, Hadith 215 (old numbering)

5294. Narrated Abu Hurairah (radhiyallahu anhu):

Abul Qasim (the Prophet ﷺ ) said, “There is an hour (or a moment) of particular significance on Friday. If it happens that a Muslim is offering a prayer and invoking Allah for some good at that very moment, Allah will grant him his request.” (The sub-narrator placed the top of his finger on the palm of the other hand between the middle finger and the little one.)

Reference
: Sahih al-Bukhari 5294
USC-MSA reference
: Vol. 7, Book 63, Hadith 216 (old numbering)

5295. Narrated Anas bin Malik (radhiyallahu anhu):

During the lifetime of Allah’s Messenger ﷺ a Jew attacked a girl and took some silver ornaments she was wearing and crushed her head. Her relative brought her to the Prophet ﷺ while she was in her last breaths, and she was unable to speak. Allah’s Messenger ﷺ asked her, “Who has hit you? So-and so?”, mentioning somebody other than her murderer. She moved her head, indicating denial. The Prophet ﷺ mentioned another person other than the murderer, and she again moved her head indicating denial. Then he asked, “Was it so-and-so?”, mentioning the name of her killer. She nodded, agreeing. Then Allah’s Messenger ﷺ; ordered that the head of that Jew be crushed between two stones.

Reference
: Sahih al-Bukhari 5295
USC-MSA reference
: Vol. 7, Book 63, Hadith 216h (old numbering)

5296. Narrated Ibn ‘Umar (radhiyallahu anhuma):

I heard the Prophet ﷺ saying, “Afflictions will emerge from here,” pointing towards the East.

Reference
: Sahih al-Bukhari 5296
USC-MSA reference
: Vol. 7, Book 63, Hadith 217 (old numbering)

5297. Narrated ‘Abdullah bin Abi A’ufa (radhiyallahu anhu):

We were with Allah’s Messenger ﷺ on a journey, and when the sun set, he said to a man, “Get down and prepare a drink of Sawiq for me.” The man said, “O Allah’s Messenger ﷺ! Will you wait till it is evening?” Allah’s Messenger ﷺ again said, “Get down and prepare a drink of Sawiq.” The man said, “O Allah’s Messenger ﷺ! Will you wait till it is evening, for it is still daytime. ” The Prophet ﷺ again said, “Get down and prepare a drink of Sawiq.” So the third time the man got down and prepared a drink of sawiq for him. Allah’s Messenger ﷺ drank thereof and pointed with his hand towards the East, saying, “When you see the night falling from this side, then a fasting person should break his fast.”

Reference
: Sahih al-Bukhari 5297
USC-MSA reference
: Vol. 7, Book 63, Hadith 218 (old numbering)

5298. Narrated ‘Abdullah bin Mas’ud (radhiyallahu anhu):

The Prophet ﷺ said, “The call (or the Adhan) of Bila should not stop you from taking the Suhur-meals for Bilal calls (or pronounces the Adhan) so that the one who is offering the night prayer should take a rest, and he does not indicate the daybreak or dawn.” The narrator, Yazid, described (how dawn breaks) by stretching out his hands and then separating them wide apart.

Reference
: Sahih al-Bukhari 5298
USC-MSA reference
: Vol. 7, Book 63, Hadith 219a (old numbering)

5299. Narrated Abu Hurairah (radhiyallahu anhu):

Allah’s Messenger ﷺ said, The example of a miser and a generous person is like that of two persons wearing iron cloaks from the breast upto the neck When the generous person spends, the iron cloak enlarges and spread over his skin so much so that it covers his fingertips and obliterates his tracks. As for the miser, as soon as he thinks of spending every ring of the iron cloak sticks to its place (against his body) and he tries to expand it, but it does not expand. The Prophet ﷺ pointed with his hand towards his throat.

Reference
: Sahih al-Bukhari 5299
USC-MSA reference
: Vol. 7, Book 63, Hadith 219i (old numbering)
Chapter 25

Al-Li’an. The Statement of Allah: “And for those who accuse their wives… (up to)… if he (her husband) speaks the truth.” (V.24:6-9)

باب اللِّعَانِ

5300. Narrated Anas bin Malik (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “Shall I tell you of the best families among the Ansar?” They (the people) said, “Yes, O Allah’s Messenger ﷺ!” The Prophet ﷺ said, “The best are Banu- An-Najjar, and after them are Banu ‘Abdil Ash-hal, and after them are Banu Al-Harith bin Al-Khazraj, and after them are Banu Sa’ida.” The Prophet ﷺ then moved his hand by closing his fingers and then opening them like one throwing something, and then said, “Anyhow, there is good in all the families of the Ansar. “

Reference
: Sahih al-Bukhari 5300
USC-MSA reference
: Vol. 7, Book 63, Hadith 220 (old numbering)

5301. Narrated Sahl bin Sad As-Sa’idi (radhiyallahu anhu):

(a companion of Allah’s Messenger ﷺ) Allah’s Messenger ﷺ, holding out his middle and index fingers, said, “My advent and the Hour’s are like this (or like these),” namely, the period between his era and the Hour is like the distance between those two fingers, i.e., very short.

Reference
: Sahih al-Bukhari 5301
USC-MSA reference
: Vol. 7, Book 63, Hadith 221 (old numbering)

5302. Narrated Ibn ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ (holding out his ten fingers thrice), said, “The month is thus and thus and thus,” namely thirty days. Then (holding out his ten fingers twice and then nine fingers), he said, “It may be thus and thus and thus,” namely twenty nine days. He meant once thirty days and once twenty nine days.

Reference
: Sahih al-Bukhari 5302
USC-MSA reference
: Vol. 7, Book 63, Hadith 222 (old numbering)

5303. Narrated Abu Masud (radhiyallahu anhu):

The Prophet ﷺ pointed with his hand towards Yemen and said twice, “Faith is there,” and then pointed towards the East, and said, “Verily, sternness and mercilessness are the qualities of those who are busy with their camels and pay no attention to their religion, where the two sides of the head of Satan will appear,” namely, the tribes of Rabl’a and Muqar.

Reference
: Sahih al-Bukhari 5303
USC-MSA reference
: Vol. 7, Book 63, Hadith 223 (old numbering)

5304. Narrated Sahl (radhiyallahu anhu):

Allah’s Messenger ﷺ said, “I and the one who looks after an orphan will be like this in Paradise,” showing his middle and index fingers and separating them.

Reference
: Sahih al-Bukhari 5304
USC-MSA reference
: Vol. 7, Book 63, Hadith 224 (old numbering)
Chapter 26

If a husband hints that he suspects his paternity to a child.

باب إِذَا عَرَّضَ بِنَفْىِ الْوَلَدِ

5305. Narrated Abu Hurairah (radhiyallahu anhu):

A man came to the Prophet ﷺ and said, “O Allah’s Messenger ﷺ! A black child has been born for me.” The Prophet ﷺ asked him, “Have you got camels?” The man said, “Yes.” The Prophet ﷺ asked him, “What color are they?” The man replied, “Red.” The Prophet ﷺ said, “Is there a grey one among them?’ The man replied, “Yes.” The Prophet ﷺ said, “Whence comes that?” He said, “May be it is because of heredity.” The Prophet ﷺ said, “May be your latest son has this color because of heredity.”

Reference
: Sahih al-Bukhari 5305
USC-MSA reference
: Vol. 7, Book 63, Hadith 225 (old numbering)
Chapter 27

Commanding those who are involved in a case of Li’an to take the oath (of Li’an).

باب إِحْلاَفِ الْمُلاَعِنِ

5306. Narrated ‘Abdullah (radhiyallahu anhu):

An Ansari man accused his wife (of committing illegal sexual intercourse). The Prophet ﷺ made both of them takes the oath of Lian, and separated them from each other (by divorce).

Reference
: Sahih al-Bukhari 5306
USC-MSA reference
: Vol. 7, Book 63, Hadith 226 (old numbering)
Chapter 28

The man should start the process of Li’an.

باب يَبْدَأُ الرَّجُلُ بِالتَّلاَعُنِ

5307. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

Hilal bin Umaiyya accused his wife of illegal sexual intercourse and came to the Prophet ﷺ to bear witness (against her), (taking the oath of Lian). The Prophet ﷺ was saying, “Allah knows that either of you is a liar. Will anyone of you repent (to Allah)?” Then the lady got up and gave her witness.

Reference
: Sahih al-Bukhari 5307
USC-MSA reference
: Vol. 7, Book 63, Hadith 227 (old numbering)
Chapter 29

Al-Li’an, and whoever divorced (his wife) after the process of Li’an.

باب اللِّعَانِ وَمَنْ طَلَّقَ بَعْدَ اللِّعَانِ

5308. Narrated Sahl bin Sad As-Sa’idi (radhiyallahu anhu):

‘Uwaimir Al-Ajlani came to ‘Asim bin Ad Al-Ansari and said to him, “O ‘Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, O ‘Asim, ask about this on my behalf.” ‘Asim asked Allah’s Messenger ﷺ about it. Allah’s Messenger ﷺ, disliked that question and considered it disgraceful. What ‘Asim heard from Allah’s Messenger ﷺ was hard on him. When ‘Asim returned to his family, ‘Uwaimir came to him and said, “O ‘Asim! What did Allah’s Messenger ﷺ. say to you?” ‘Asim said to ‘Uwaimir, “You never bring me any good. Allah’s Messenger ﷺ disliked the problem which I asked him about.” ‘Uwaimir said, “By Allah, I will not give up this matter until I ask the Prophet ﷺ about it.” So ‘Uwaimir proceeded till he came to Allah’s Messenger ﷺ in the midst of people, and said, “O Allah’s Messenger ﷺ! If a man sees another man with his wife, would he kill him, whereupon you would kill him, or what should he do?” Allah’s Messenger ﷺ said, “Allah has revealed some decree as regards you and your wives case. Go and bring her.” So they carried out the process of Lian while I was present among the people with Allah’s Messenger ﷺ. When they had finished their Lian, ‘Uwaimir said, “O Allah’s Messenger ﷺ! If I should now keep her with me as a wife, then I have told a lie.” So he divorced her thrice before Allah’s Messenger ﷺ ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Lian.)

Reference
: Sahih al-Bukhari 5308
USC-MSA reference
: Vol. 7, Book 63, Hadith 228 (old numbering)
Chapter 30

To carry out Li’an in a mosque.

باب التَّلاَعُنِ فِي الْمَسْجِدِ

5309. Narrated Ibn Juraij:

Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sad, the brother of Bani Sa’idi He said, “An Ansari man came to Allah’s Messenger ﷺ and said, ‘O Allah’s Messenger ﷺ! If a man saw another man with his wife, should he kill him, or what should he do?’ So Allah revealed concerning his affair what is mentioned in the Holy Qur’an about the affair of those involved in a case of Lian. The Prophet ﷺ said, ‘Allah has given His verdict regarding you and your wife.’ So they carried out Lian in the mosque while I was present there. When they had finished, the man said, “O Allah’s Messenger ﷺ! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah’s Messenger ﷺ ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet ﷺ .” Ibn Shihab added, “After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother’s name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him.” Ibn Shihab said that Sahl bin Sad As’Saidi said that the Prophet ﷺ said (in the above narration), “If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth.” Then she delivered it in the shape one would dislike (as it proved her guilty).

Reference
: Sahih al-Bukhari 5309
USC-MSA reference
: Vol. 7, Book 63, Hadith 229 (old numbering)
Chapter 31

The statement of the Prophet ﷺ: “If I were to stone any person to death without witnesses…”

باب قَوْلِ النَّبِيِّ صلى الله عليه وسلم ” لَوْ كُنْتُ رَاجِمًا بِغَيْرِ بَيِّنَةٍ “

5310. Narrated Al-Qasim bin Muhammad:

Ibn ‘Abbas; said, “Once Lian was mentioned before the Prophet ﷺ whereupon ‘Asim bin Adi said something and went away. Then a man from his tribe came to him, complaining that he had found a man width his wife. ‘Asim said, ‘I have not been put to task except for my statement (about Lian).’ ‘Asim took the man to the Prophet ﷺ and the man told him of the state in which he had found his wife. The man was pale, thin, and of lank hair, while the other man whom he claimed he had seen with his wife, was brown, fat and had much flesh on his calves. The Prophet ﷺ invoked, saying, ‘O Allah! Reveal the truth.’ So that lady delivered a child resembling the man whom her husband had mentioned he had found her with. The Prophet ﷺ then made them carry out Lian.” Then a man from that gathering asked Ibn ‘Abbas, “Was she the same lady regarding which the Prophet ﷺ had said, ‘If I were to stone to death someone without witness, I would have stoned this lady’?” Ibn ‘Abbas said, “No, that was another lady who, though being a Muslim, used to arouse suspicion by her outright misbehavior. “

Reference
: Sahih al-Bukhari 5310
USC-MSA reference
: Vol. 7, Book 63, Hadith 230 (old numbering)
Chapter 32

The Mahr in the case of Li’an.

باب صَدَاقِ الْمُلاَعَنَةِ

5311. Narrated Said bin Jubair:

I asked Ibn ‘Umar, “(What is the verdict if) a man accuses his wife of illegal sexual intercourse?” Ibn ‘Umar said, “The Prophet ﷺ separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), ‘Allah knows that one of you two is a liar; so will one of you repent?’ But both of them refused. He again said, ‘Allah knows that one of you two is a liar; so will one of you repent?’ But both of them refused. So he separated them by divorce.” (Aiyub, a sub-narrator said: ‘Amr bin Dinar said to me, “There is something else in this Hadith which you have not mentioned. It goes thus: The man said, ‘What about my money (i.e. the Mahr that I have given to my wife)?’ It was said, ‘You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her; and if you have told a lie, you are less rightful to have your money back.’ “)

Reference
: Sahih al-Bukhari 5311
USC-MSA reference
: Vol. 7, Book 63, Hadith 231 (old numbering)
Chapter 33

The saying of the Imam (ruler) to those who are involved in a case of Li’an: “Surely one of you two is a liar; so will one of you repent (to Allah)?”

باب قَوْلِ الإِمَامِ لِلْمُتَلاَعِنَيْنِ إِنَّ أَحَدَكُمَا كَاذِبٌ فَهَلْ مِنْكُمَا تَائِبٌ

5312. Narrated Said bin Jubair:

I asked Ibn ‘Umar about those who were involved in a case of Lien. He said, “The Prophet ﷺ said to those who were involved in a case of Lien, ‘Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced).” The man said, ‘What about my property (Mahr) ?’ The Prophet ﷺ said, ‘You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.’ ” Sufyan, a sub-narrator said: I learned the Hadith from ‘Amr. Narrated Aiyub: I heard Sa’id bin Jubair saying, “I asked Ibn ‘Umar, ‘If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?’ Ibn ‘Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn ‘Umar said, ‘The Prophet ﷺ separated the couple of Bani Al-Ajlan by divorce and said thrice, “Allah knows that one of you two is a liar; so will one of you repent (to Allah)?’ “

Reference
: Sahih al-Bukhari 5312
USC-MSA reference
: Vol. 7, Book 63, Hadith 232 (old numbering)
Chapter 34

The separation (divorce) between those who are involved in a case of Li’an.

باب التَّفْرِيقِ بَيْنَ الْمُتَلاَعِنَيْنِ

5313. Narrated Ibn ‘Umar (radhiyallahu anhuma):

Allah’s Messenger ﷺ separated (divorced) the wife from her husband who accused her for an illegal sexual intercourse, and made them take the oath of Lian .

Reference
: Sahih al-Bukhari 5313
USC-MSA reference
: Vol. 7, Book 63, Hadith 233 (old numbering)

5314. Narrated Ibn ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ made an Ansari man and his wife carry out Lian, and then separated them by divorce.

Reference
: Sahih al-Bukhari 5314
USC-MSA reference
: Vol. 7, Book 63, Hadith 234 (old numbering)
Chapter 35

The child is to be given to the lady (accused by her husband for an illegal sexual intercourse).

باب يَلْحَقُ الْوَلَدُ بِالْمُلاَعِنَةِ

5315. Narrated Ibn ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ made a man and his wife carry out Lian, and the husband repudiated her child. So the Prophet ﷺ got them separated (by divorce) and decided that the child belonged to the mother only.

Reference
: Sahih al-Bukhari 5315
USC-MSA reference
: Vol. 7, Book 63, Hadith 235 (old numbering)
Chapter 36

The statement of the Imam: “O Allah! Reveal the truth.”

باب قَوْلِ الإِمَامِ اللَّهُمَّ بَيِّنْ

5316. Narrated Ibn ‘Abbas (radhiyallahu anhuma):

Those involved in a case of Lian were mentioned before Allah’s Messenger ﷺ Asim bin Adi said something about that and then left. Later on a man from his tribe came to him and told him that he had found another man with his wife. On that ‘Asim said, “I have not been put to task except for what I have said (about Lian).” ‘Asim took the man to Allah’s Messenger ﷺ and he told him of the state in which he found his wife. The man was pale, thin and lank-haired, while the other man whom he had found with his wife was brown, fat with thick calves and curly hair. Allah’s Messenger ﷺ said, “O Allah! Reveal the truth.” Then the lady delivered a child resembling the man whom her husband had mentioned he had found with her. So Allah’s Messenger ﷺ ordered them to carry out Lien. A man from that gathering said to Ibn ‘Abbas, “Was she the same lady regarding whom Allah’s Messenger ﷺ said, ‘If I were to stone to death someone without witnesses, I would have stoned this lady’?” Ibn ‘Abbas said, “No, that was another lady who, though being a Muslim, used to arouse suspicion because of her outright misbehavior.”

Reference
: Sahih al-Bukhari 5316
USC-MSA reference
: Vol. 7, Book 63, Hadith 236 (old numbering)

Narrated ‘Aishah (radhiyallahu anha):

The Prophet ﷺ said . . . (as in 240).

USC-MSA reference
: Vol. 7, Book 63, Hadith 237 (old numbering)
Chapter 37

If a person divorces his wife thrice and she marries another man after the completion of her ‘Idda but the second husband does not consummate his marriage with her.

باب إِذَا طَلَّقَهَا ثَلاَثًا ثُمَّ تَزَوَّجَتْ بَعْدَ الْعِدَّةِ زَوْجًا غَيْرَهُ فَلَمْ يَمَسَّهَا

5317. Narrated ‘Aishah (radhiyallahu anha):

Rifa’a Al-Qurazi married a lady and then divorced her whereupon she married another man. She came to the Prophet ﷺ and said that her new husband did not approach her, and that he was completely impotent. The Prophet ﷺ said (to her), “No (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you).”

Reference
: Sahih al-Bukhari 5317
USC-MSA reference
: Vol. 7, Book 63, Hadith 238 (old numbering)
Chapter 38

“And those of your women as have passed the age of monthly courses, for them the ‘Idda (prescribed period), if you have doubt (about their periods)…” (V.65:4)

بَابُ: {وَاللاَّئِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ}

Chapter 39

“For those who are pregnant (whether they are divorced or their husbands are dead), their ‘Idda (period) is until they lay down their burdens.” (V.65:4)

بَابُ: {وَأُولاَتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ}

5318. Narrated Um Salama (radhiyallahu anha):

(the wife of the Prophet ﷺ) A lady from Bani Aslam, called Subai’a, become a widow while she was pregnant. Abu As-Sanabil bin Ba’kak demanded her hand in marriage, but she refused to marry him and said, “By Allah, I cannot marry him unless I have completed one of the two prescribed periods.” About ten days later (after having delivered her child), she went to the Prophet ﷺ and he said (to her), “You can marry now.”

Reference
: Sahih al-Bukhari 5318
USC-MSA reference
: Vol. 7, Book 63, Hadith 239 (old numbering)

5319. Narrated ‘Abdullah bin ‘Abdullah:

that his father had written to Ibn Al-Arqam a letter asking him to ask Subai’a Al-Aslamiya how the Prophet ﷺ had given her the verdict. She said, “The Prophet ﷺ, gave me his verdict that after I gave birth, I could marry.”

Reference
: Sahih al-Bukhari 5319
USC-MSA reference
: Vol. 7, Book 63, Hadith 240 (old numbering)

5320. Narrated Al-Miswer bin Makhrama (radhiyallahu anhu):

Subai’a Al-Aslamiya gave birth to a child a few days after the death of her husband. She came to the Prophet ﷺ and asked permission to remarry, and the Prophet ﷺ gave her permission, and she got married.

Reference
: Sahih al-Bukhari 5320
USC-MSA reference
: Vol. 7, Book 63, Hadith 241 (old numbering)
Chapter 40

The Statement of Allah: “And divorced women shall wait (as regards their marriage) for three menstrual periods.” (V.2:228)

بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلاَثَةَ قُرُوءٍ}

Chapter 41

The story of Fatima bint Qais. And the Statement of Allah: “And fear Allah your Lord (O Muslims), and turn them not out of their (husband’s) homes…” (V.65:1)

باب قِصَّةِ فَاطِمَةَ بِنْتِ قَيْسٍ

5321, 5322. Narrated Qasim bin Muhammad and Sulaiman bin Yasar:

that Yahya bin Said bin Al-‘As divorced the daughter of ‘Abdur-Rahman bin Al-Hakarn. Abdur-Rahman took her to his house. On that ‘Aishah sent a message to Marwan bin Al-Hakam who was the ruler of Al-Madina, saying, “Fear Allah, and urge your brother) to return her to her house.” Marwan (in Sulaiman’s version) said, “Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument).” (In Al-Qasim’s versions Marwan said, “Have you not heard of the case of Fatima bint Qais?” ‘Aishah said, “The case of Fatima bint Qais is not in your favor.’ Marwan bin Al-Hakam said to ‘Aishah, “The reason that made Fatima bint Qais go to her father’s house is just applicable to the daughter of ‘Abdur-Rahman.”

Reference
: Sahih al-Bukhari 5321, 5322
USC-MSA reference
: Vol. 7, Book 63, Hadith 242 (old numbering)

5323, 5324. Narrated Al-Qasim:

‘Aishah said, “What is wrong with Fatima? Why doesn’t she fear Allah?” by saying that a divorced lady is not entitled to be provided with residence and sustenance (by her husband)

Reference
: Sahih al-Bukhari 5323, 5324
USC-MSA reference
: Vol. 7, Book 63, Hadith 243 (old numbering)

5325, 5326. Narrated Qasim:

Ursa said to ‘Aishah, “Do you know so-and-so, the daughter of Al-Hakam? Her husband divorced her irrevocably and she left (her husband’s house).” ‘Aishah said, “What a bad thing she has done!” ‘Ursa said (to ‘Aishah), “Haven’t you heard the statement of Fatima?” ‘Aishah replied, “It is not in her favor to mention.” ‘Ursa added, ‘Aishah reproached (Fatima) severely and said, “Fatima was in a lonely place, and she was proned to danger, so the Prophet ﷺ

allowed her (to go out of her husband’s house).”

Reference
: Sahih al-Bukhari 5325, 5326
USC-MSA reference
: Vol. 7, Book 63, Hadith 244 (old numbering)
Chapter 42

If a divorced lady is afraid that she may be attacked in her husband’s house or that she may abuse her husband’s family (she has the right to leave her husband’s house).

باب الْمُطَلَّقَةِ إِذَا خُشِيَ عَلَيْهَا فِي مَسْكَنِ زَوْجِهَا أَنْ يُقْتَحَمَ عَلَيْهَا، أَوْ تَبْذُوَ عَلَى أَهْلِهَا بِفَاحِشَةٍ

5327, 5328. Narrated ‘Ursa:

‘Aishah disapproved of what Fatima used to say.’

Reference
: Sahih al-Bukhari 5327, 5328
USC-MSA reference
: Vol. 7, Book 63, Hadith 245 (old numbering)
Chapter 43

The Statement of Allah: “And it is not lawful for them to conceal what Allah has created in their wombs.” (V.2:228)

بَابُ قَوْلِ اللَّهِ تَعَالَى: {وَلاَ يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ} مِنَ الْحَيْضِ وَالْحَبَلِ

5329. Narrated ‘Aishah (radhiyallahu anha):

When Allah’s Messenger ﷺ decided to leave Makkah after the Hajj, he saw Safiyya, sad and standing at the entrance of her tent. He said to her, “Aqr (or) Halq! You will detain us. Did you perform Tawaf-al-Ifada on the day of Nahr? She said, “Yes.” He said, “Then you can depart.”

Reference
: Sahih al-Bukhari 5329
USC-MSA reference
: Vol. 7, Book 63, Hadith 246 (old numbering)
Chapter 44

“And their husbands have the better right to take them (divorced ladies) back…” (V.2:228) during the period of the ‘Idda. And how will a person retain his wife he has divorced once or twice? And His Statement: “…do not prevent them…” (V.2:232)

بَابُ: {وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ}

5330. Narrated Al-Hasan (radhiyallahu anhuma):

Ma’qil gave his sister in marriage and later her husband divorced her once.

Reference
: Sahih al-Bukhari 5330
USC-MSA reference
: Vol. 7, Book 63, Hadith 247 (old numbering)

5331. Narrated Al-Hasan (radhiyallahu anhuma):

The sister of Ma’qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the ‘Iddah expired. Then he demanded for her hand in marriage, but Ma’qil got angry out of pride and haughtiness and said, “He kept away from her when he could still retain her, and now he demands her hand again?” So Ma’qil disagreed to remarry her to him. Then Allah revealed: ‘When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.’ (2.232) So the Prophet ﷺ sent for Ma’qil and recited to him (Allah’s order) and consequently Ma’qil gave up his pride and haughtiness and yielded to Allah’s order.

Reference
: Sahih al-Bukhari 5331
USC-MSA reference
: Vol. 7, Book 63, Hadith 248 (old numbering)

5332. Narrated Nafi:

Ibn ‘Umar bin Al-Khattab divorced his wife during her menses. Allah’s Messenger ﷺ ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever ‘Abdullah (bin ‘Umar) was asked about that, he would say to the questioner, “If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).’ Ibn ‘Umar further said, ‘Would that you (people) only give one or two divorces, because the Prophet ﷺ has ordered me so.”

Reference
: Sahih al-Bukhari 5332
USC-MSA reference
: Vol. 7, Book 63, Hadith 249 (old numbering)
Chapter 45

To take back one’s wife (if she is divorced) while in her menses.

باب مُرَاجَعَةِ الْحَائِضِ

5333. Narrated Yunus Ibn Jubair:

Ibn ‘Umar divorced his wife while she was having her menses. ‘Umar asked the Prophet ﷺ who said, “Order him (your son) to take her back, and then divorced her before her period of the ‘Iddah has elapsed.” I asked Ibn ‘Umar, “Will that divorce (during the menses) be counted?” He replied, “If somebody behaves foolishly (will his foolishness be an excuse for his misbehavior)?”

Reference
: Sahih al-Bukhari 5333
USC-MSA reference
: Vol. 7, Book 63, Hadith 250 (old numbering)
Chapter 46

A widow should mourn for four months and ten days.

باب تُحِدُّ الْمُتَوَفَّى عَنْهَا زَوْجُهَا أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

5334. Narrated Humaid bin Nafi’:

Zainab bint Abu Salama told me these three narrations: Zainab said: I went to Um Habiba, the wife of the Prophet ﷺ when her father, Abu- Sufyan bin Herb had died. Um ,Habiba asked for a perfume which contained yellow scent (Khaluq) or some other scent, and she first perfumed one of the girls with it and then rubbed her cheeks with it and said, “By Allah, I am not in need of perfume, but I have heard Allah’s Messenger ﷺ saying, ‘It is not lawful for a lady who believes in Allah and the Last Day to mourn for a dead person for more than three days unless he is her husband for whom she should mourn for four months and ten days.’ “

Reference
: Sahih al-Bukhari 5334
USC-MSA reference
: Vol. 7, Book 63, Hadith 251 (old numbering)

5335. Zainab further said: I want to Zainab bint Jahsh when her brother died. She asked for perfume and used some of it and said, “By Allah, I am not in need of perfume, but I have heard Allah’s Messenger ﷺ saying on the pulpit, ‘It is not lawful for a lady who believes in Allah and the last day to mourn for more than three days except for her husband for whom she should mourn for four months and ten days.’ “

Reference
: Sahih al-Bukhari 5335
USC-MSA reference
: Vol. 7, Book 63, Hadith 251 (old numbering)

5336. Zainab further said, “I heard my mother, Um Salama saying that a woman came to Allah’s Messenger ﷺ and said, “O Allah’s Messenger ﷺ! The husband of my daughter has died and she is suffering from an eye disease, can she apply kohl to her eye?” Allah’s Messenger ﷺ replied, “No,” twice or thrice. (Every time she repeated her question) he said, “No.” Then Allah’s Messenger ﷺ added, “It is just a matter of four months and ten days. In the Pre-Islamic Period of ignorance a widow among you should throw a globe of dung when one year has elapsed.” I said to Zainab, “What does ‘throwing a globe of dung when one year had elapsed’ mean?” Zainab said, “When a lady was bereaved of her husband, she would live in a wretched small room and put on the worst clothes she had and would not touch any scent till one year had elapsed. Then she would bring an animal, e.g. a donkey, a sheep or a bird and rub her body against it. The animal against which she would rub her body would scarcely survive. Only then she would come out of her room, whereupon she would be given a globe of dung which she would throw away and then she would use the scent she liked or the like.”

Reference
: Sahih al-Bukhari 5336
USC-MSA reference
: Vol. 7, Book 63, Hadith 251 (old numbering)

5337. Humaid said: I said to Zainab, “What does throwing a globe of dung when one year had elapsed mean?” Zainab said, “When a lady was bereaved of her husband, she would live in a wretched small room and put on the worst clothes she had and would not touch any scent till one year had elapsed. Then she would bring an animal, e.g. a donkey, a sheep or a bird and rub her skin (body) against it. The animal against which she would rub her skin (body) would scarcely survive. Only then she would come out of her room, whereupon she would be given a globe of dung which she would throw away and then she would use whatsoever the scent she liked or the other.”

Reference
: Sahih al-Bukhari 5337
USC-MSA reference
: Vol. 7, Book 63, Hadith 251 (old numbering)
Chapter 47

Can a mourning lady use kohl?

باب الْكُحْلِ لِلْحَادَّةِ

5338. Narrated Um Salama (radhiyallahu anha):

A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah’s Messenger ﷺ, and asked him to allow them to treat her eyes with kohl, but he said, “She should not apply kohl to her eyes. (In the Pre-Islamic period of Ignorance) a widowed woman among you would stay in the worst of her clothes (or the worst part of her house) and when a year had elapsed, if a dog passed by her, she would throw a globe of dung, Nay, (she cannot use kohl) till four months and ten days have elapsed.”

Reference
: Sahih al-Bukhari 5338
USC-MSA reference
: Vol. 7, Book 63, Hadith 252 (old numbering)

5339. Narrated Um Habiba (radhiyallahu anha):

The Prophet ﷺ said, “It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband, for whom she should mourn for four months and ten days.”

Reference
: Sahih al-Bukhari 5339
USC-MSA reference
: Vol. 7, Book 63, Hadith 252 (old numbering)

5340. Narrated Um ‘Atiyya (radhiyallahu anha):

We were forbidden to mourn for more than three days except for a husband.

Reference
: Sahih al-Bukhari 5340
USC-MSA reference
: Vol. 7, Book 63, Hadith 253 (old numbering)
Chapter 48

Qust (incense) may be used by a mourning lady after being cleaned from her menses.

باب الْقُسْطِ لِلْحَادَّةِ عِنْدَ الطُّهْرِ

5341. Narrated Um ‘Atiyya (radhiyallahu anha):

We were forbidden to mourn for more than three days for a dead person, except for a husband, for whom a wife should mourn for four months and ten days (while in the mourning period) we were not allowed to put kohl in our eyes, nor perfume our-selves, nor wear dyed clothes, except a garment of ‘Asb (special clothes made in Yemen). But it was permissible for us that when one of us became clean from her menses and took a bath, she could use a piece of a certain kind of incense. And it was forbidden for us to follow funeral processions.

Reference
: Sahih al-Bukhari 5341
USC-MSA reference
: Vol. 7, Book 63, Hadith 254 (old numbering)
Chapter 49

A mourning lady can wear clothes of ‘Asb (a kind of Yemenese cloth that is very coarse).

باب تَلْبَسُ الْحَادَّةُ ثِيَابَ الْعَصْبِ

5342. Narrated Um ‘Atiyya (radhiyallahu anha):

The Prophet ﷺ said, “It is not lawful for a lady who believes in Allah and the Last Day, to mourn for more than three days for a dead person, except for her husband, in which case she should neither put kohl in her eyes, nor perfume herself, nor wear dyed clothes, except a garment of ‘Asb”

Reference
: Sahih al-Bukhari 5342
USC-MSA reference
: Vol. 7, Book 63, Hadith 255 (old numbering)

5343. Um ‘Atiyya added: The Prophet ﷺ said, “She should not use perfume except when she becomes clean from her menses whereupon she can use Qust, and Azfar (two kinds of incense).

Reference
: Sahih al-Bukhari 5343
USC-MSA reference
: Vol. 7, Book 63, Hadith 255 (old numbering)
Chapter 50

“And those of you who die and leave behind wives… (up to)… and Allah is Well-Acquainted with what you do.” (V.2:234)

بَابُ: {وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا} إِلَى قَوْلِهِ: {بِمَا تَعْمَلُونَ خَبِيرٌ}

5344. Narrated Mujahid:

(regarding the Verse): ‘If any of you dies and leaves wives behind,’ That was the period of the ‘Iddah which the widow was obliged to spend in the house of the late husband. Then Allah revealed: And those of you who die and leave wives should bequeath for their wives a year’s maintenance and residence without turning them out, but if they leave, there is no blame on you for what they do of themselves, provided it is honorable (i.e. lawful marriage) (2.240) Mujahid said: Allah has ordered that a widow has the right to stay for seven months and twenty days with her husband’s relatives through her husband’s will and testament so that she will complete the period of one year (of ‘Iddah). But the widow has the right to stay that extra period or go out of her husband’s house as is indicated by the statement of Allah: ‘But if they leave there is no blame on you,… ‘ (2.240) Ibn ‘Abbas said: The above Verse has cancelled the order of spending the period of the ‘Iddah at her late husband’s house, and so she could spend her period of the ‘Iddah wherever she likes. And Allah says: ‘Without turning them out.’ ‘Ata said: If she would, she could spend her period of the ‘Iddah at her husband’s house, and live there according to her (husband’s) will and testament, and if she would, she could go out (of her husband’s house) as Allah says: ‘There is no blame on you for what they do of themselves.’ (2.240) ‘Ata added: Then the Verses of inheritance were revealed and the order of residence (for the widow) was cancelled, and she could spend her period of the ‘Iddah wherever she would like, and she was no longer entitled to be accommodated by her husband’s family.

Reference
: Sahih al-Bukhari 5344
USC-MSA reference
: Vol. 7, Book 63, Hadith 256 (old numbering)

5345. Narrated Zainab bint Um Salama (radhiyallahu anha):

When Um Habiba bint Abi Sufyan was informed of her father’s death, she asked for perfume and rubbed it over her arms and said, “I am not in need of perfume, but I have heard the Prophet ﷺ saying, “It is not lawful for a lady who believes in Allah and the Last Day to mourn for more than three days except for her husband for whom the (mourning) period is four months and ten days.”

Reference
: Sahih al-Bukhari 5345
USC-MSA reference
: Vol. 7, Book 63, Hadith 257 (old numbering)
Chapter 51

What is said regarding the earnings of a prostitute and the illegal wedding.

باب مَهْرِ الْبَغِيِّ وَالنِّكَاحِ الْفَاسِدِ

5346. Narrated Abu Mas’ud (radhiyallahu anhu):

The Prophet ﷺ prohibited taking the price of a dog, the earnings of a soothsayer and the money earned by prostitution.

Reference
: Sahih al-Bukhari 5346
USC-MSA reference
: Vol. 7, Book 63, Hadith 258 (old numbering)

5347. Narrated Abu Juhaifa (radhiyallahu anhu):

The Prophet ﷺ cursed the lady who practices tattooing and the one who gets herself tattooed, and one who eats (takes) Riba’ (usury) and the one who gives it. And he prohibited taking the price of a dog, and the money earned by prostitution, and cursed the makers of pictures.

Reference
: Sahih al-Bukhari 5347
USC-MSA reference
: Vol. 7, Book 63, Hadith 259 (old numbering)

5348. Narrated Abu Hurairah (radhiyallahu anhu):

The Prophet ﷺ forbade taking the earnings of a slave girl by prostitution.

Reference
: Sahih al-Bukhari 5348
USC-MSA reference
: Vol. 7, Book 63, Hadith 260 (old numbering)
Chapter 52

(What is said regarding) the Mahr of the lady whose husband entered upon her to consummate his marriage. And does just entering upon one’s bride, and staying with her in seclusion mean the same as the consummation of marriage? And (what) if a man divorced his wife before entering upon her and before consummating his marriage with her.

باب الْمَهْرِ لِلْمَدْخُولِ عَلَيْهَا

5349. Narrated Said bin Jubair:

I said to Ibn ‘Umar, “If a man accuses his wife of illegal sexual intercourse (what is the judgment)?” He said, “Allah’s Prophet ﷺ separated the couple of Bani ‘Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet ﷺ said, ‘Allah knows that one of you two IS a liar; so will one of you repent?’ But they refused. He then again said, ‘Allah knows that one of you two is a liar; so will one of you repent?’ But they refused, whereupon he separated them by divorce.” Aiyub (a sub-narrator) said: ‘Amr bin Dinar said to me, “In the narration there is something which I do not see you mentioning, i.e. the husband said, “What about my money (Mahr)?’ The Prophet ﷺ said, “You are not entitled to take back money, for if you told the truth you have already entered upon her (and consummated your marriage with her) and if you are a liar then you are less entitled to take it back.

Reference
: Sahih al-Bukhari 5349
USC-MSA reference
: Vol. 7, Book 63, Hadith 261 (old numbering)
Chapter 53

The gift given by a husband to a divorced lady for whom Mahr has not been fixed, by virtue of the Statement of Allah: “There is no sin on you if you divorce women while yet you have not touched (had sexual relation with) them nor appointed unto them their Mahr (bridal money given by the husband to his wife at the time of marriage)… (up to)… All-Seer of what you do.” (V.2:236,237)

باب الْمُتْعَةِ لِلَّتِي لَمْ يُفْرَضْ لَهَا

5350. Narrated Ibn ‘Umar (radhiyallahu anhuma):

The Prophet ﷺ said to those who were involved in a case of Lian, “Your accounts are with Allah. One of you two is a liar. You (husband) have right on her (wife).” The husband said, “My money, O Allah’s Messenger ﷺ!” The Prophet ﷺ

said, “You are not entitled to take back any money. If you have told the truth, the Mahr that you paid, was for having sexual relations with her lawfully; and if you are a liar, then you are less entitled to get it back.”

Reference
: Sahih al-Bukhari 5350
USC-MSA reference
: Vol. 7, Book 63, Hadith 262 (old numbering)

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