Temporary Marriage of Convenience (al-Mut’ah) is forbidden till the Day of Resurrection – Sharh as-Sunnah | Dawud Burbank [Audio|En]

Bismillaah

Sharh as-Sunnah : Lesson 54: Point 96
Shaykh Fawzan | Dawud Burbank [Audio|English]

Imaam Barbahaaree rahimahullaah said:

And know that temporary marriage of convenience (al-Mut`ah) and marrying a woman merely to make her lawful for her previous husband (al-Istihlaal) are forbidden till the Day of Resurrection.

[Souncloud Audio Link

Shaykh Fawzan’s Explanation:

This is a matter of fiqh (jurisprudence). However, he brought it here because it has a connection to `aqeedah (creed and belief). Because al-Mut`ah (temporary marriage of convenience) is to declare as lawful something which Allaah, the Mighty and Majestic, has made forbidden. And what this term al-Mut`ah (temporary marriage of convenience) means; to marry a woman for a certain set period whether it be long or short and after it, then the marriage ends automatically and does not require divorce.

Mut`ah; this temporary marriage, it used to be permissible at the beginning of Islaam and then the Prophet sallAllaahu `alayhi wa sallam forbade it at the Battle of Khaybar.[1] Then he permitted it on the day of the Conquest of Makkah. Then he forbade it forever.[2]

So to begin with, it was lawful then it was made forbidden. Then it was permitted then it was forbidden forever. And the Muslims are united in consensus (Ijmaa`) that it is forbidden and that it is nikaahun baatil (baseless marriage). And there is consensus of this nation that it is forbidden, no-one disagrees with regard to that except for the Raafidah Ja`firee Shee`ah. They are the ones who contradict with regard to it. And their differing is not counted and has no value. So there is consensus (Ijmaa`) and text to show that temporary marriage of convenience (al-Mut`ah) is forbidden. It is a futile marriage and it has the ruling of zinaa (fornication).

His saying, “al-Mut`ah tan-nisaa,” Why did Imaam al-Barbahaaree say Mut`ah, meaning Mut’ah of the women, excluding by that Mut`ah of Hajj, which is that a person does Tamattu`, performing `Umrah and then performing Hajj. This is not what is meant here, for Hajj Tamattu` is what was supported by the majority of the People of Knowledge and no-one disagrees with regard to it except a small number but as for Mut`ah of the women meaning temporary marriage, then it’s forbidden by consensus, no-one disagrees about it from those whom disagreement is counted. Whereas, Mut’ah in Hajj is a matter of fiqh but as for Mut’ah, which is temporary marriage, then it is a matter, which has a connection to aqeedah (creed and belief) because it is making permissible that which Allaah, the Perfect and Most High, has made forbidden.

Footnotes:

[1] The Battle of Khaybar, the well-known battle against the Jews of Khaybar in the 7th year of Hijrah.

Al-Bukhaariyy reported in his saheeh (4,261) and also reported by Muslim in his saheeh (1,407) from Aliyy radiyAllaahu `anhu who said Allaah’s Messenger sallAllaahu `alayhi wa sallam forbade temporary marriage to the women on the day of Khaybar and he forbade eating the meat of domestic donkeys.

[2] Hadeeth for that reported by Muslim in his saheeh (1,406) from Sabrah al-Juhanee that, He was with Allaah’s Messenger sallAllaahu `alayhi wa sallam and he said:

“O people, I have permitted you to take pleasure from the women and Allaah has forbidden that now until the Day of Resurrection. So, whoever has something from them then let that go on its way and do not take from anything that you have given to them.”

And in one wording:

“Allaah’s Messenger sallAllaahu `alayhi wa sallam commanded us with al-Mut`ah (temporary marriage) in the year of the conquest when we entered Makkah then we did not depart from it until he had forbidden us from it.”

Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan
hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah

Transcribed by Saima Zaher.

Posted with kind permission from Dawud Burbank rahimahullaah

Listen to the full Audio Series of Sharhus Sunnah
Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]

Visit : Book Study of Sharh as-Sunnah of Imaam Barbahaaree

If a man divorces his wife three times then she has become forbidden for him – Sharh as-Sunnah | Dawud Burbank [Audio|En]

Bismillaah

Sharh as-Sunnah : Lessons 35 : Point 48
Shaykh Fawzan | Dawud Burbank [Audio|English]

Imaam Barbahaaree rahimahullaah said:

And if a man divorces his wife three times then she has become forbidden for him and she will not be permissible for him unless she marries another man.

[Souncloud Audio Link

Transcribed Audio:

His saying, “And if a man divorces his wife three times then she has become forbidden for him,” if a man divorces his wife three times (three separate times divorces) then she becomes forbidden for him by consensus (ijmaa`) just as if he were to say “you are divorced” then afterwards he says “you are divorced” and then he says “you are divorced” or if he says to his wife “you are divorced then divorced or and so divorced” because this indicates a sequence and she becomes irrevocably divorced and separated from him if the number of divorces reaches three and she becomes forbidden for him unless and until she has married another husband besides him.

He, the Most High, said:

الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ – 2:229

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ – 2:230

Divorce is twice then you may either retain her upon reasonable terms or release her in a good manner.

Up until His saying, He the Most High:

And if then he divorces her for the third time then she is not permissible for him after that unless and until she has married another husband besides him. And if he (second husband) then divorces her, in that case there is no harm if the two of them wish to reunite provided that they think they can establish the limits laid down by Allaah.

(Sooratul-Baqarah (2), aayah 229-230)

This is if the divorces are separate even if it is within a single sitting but as for a person who says “you are divorced, you are divorced, you are divorced” without a word of adding in between, in this case we examine if he intended by repeating it just to emphasise it then it will be a single divorce but if he was intending establishing that he wanted to divorce her three times then she will be irrevocably divorced from him if it reaches the third one.

However, if the divorces are said with a single word such as his saying “you are divorced three times over” or “you are divorced three times” then the majority hold that it counts as three divorces and she becomes separate irrevocably from him and forbidden for him unless and until she marries a different husband besides him. And this is the position of the four Imaams but in the saying of some of the verifiers that the three is counted only as one divorce and the matter; there is prolonged disagreement with regards to it. However, what will suffice us is that we know that divorce three times over makes her forbidden for him not forever more but rather it makes her forbidden for him unless and until she marries a different husband besides him and then he divorces her in that case. But as for entering into matters of disagreement then this does not concern us at the moment. [1]

And the intent of the author in entering these matters in `aqeedah (creed and belief), and Allaah knows best, is to make clear that the matter of marriage is an important matter, which is obligatory to give care and attention to in accordance with legislated principles for it so that people should not be lax about it and about its legal procedures and because the book is entitled Sharhus-Sunnah; literally ’An Explanation of the Sunnah’ meaning clarification of the Sunnah in every matter and from that is the issues of marriage.[2]

Footnotes:

[1] Translator’s side point: People of Knowledge make clear the woman marrying her second husband from the authentic evidences, has to be correct in marrying the second husband, not just as a trick to try and get back to the first one.

[2] Shaykh Ahmad an-Najmee rahimahullaah said in his explanation:

As for his saying, “So if a man divorces his wife three times then she has become forbidden for him and she will not be permissible for him unless she marries another husband besides him,” this matter, there is a great disagreement about it amongst the scholars. The majority hold that if a man divorces his wife three times at once with a single saying then she becomes forbidden for him; divorced from him. Whereas, from the People of Knowledge, there are some who say that the divorce, which makes her forbidden, is the divorce in accordance with the Sunnah that he divorces her in a period that is free from menses and he has not had sexual relations with her. So, as for divorcing three times with a single word then it is counted as one and a middle and balanced saying is that it’s counted still as three in accordance with his intention and the matter, there is a great deal of speech about it and Allaah is the one who grants success.

Ithaaful-Qaaree bit-Ta`leeqaat `alaa Sharhis-Sunnah
(A Gift To The Reader In Annotation Of Sharh As-Sunnah)
by Shaykh Saalih ibn Fowzaan al-Fowzaan
hafizahullaah
Translated by Aboo Talhah Daawood Burbank, rahimahullaah

Transcribed by Saima Zaher.

Posted with kind permission from Dawud Burbank rahimahullaah

Listen to the full Audio Series of Sharhus Sunnah
Sharh-us-Sunnah – Shaykh Saalih Fawzaan – Dawood Burbank [Audio|En]

Visit : Book Study of Sharhu Sunnah of Imaam Barbahaaree

Talaq which complies with the Sunnah & ruling on uttering the divorce three times in one session or in case of anger – Ibn Baz

Book on Talaq

125- Talaq which complies with the Sunnah and ruling on uttering the divorce three times in one session or in case of anger

From `Abdul-`Aziz ibn `Abdullah ibn Baz to the respected brother; may Allah grant you success! Amen.
As-salamu `alaykum warahmatullah wabarakatuh (May Allah’s Peace, Mercy, and Blessings be upon you.)

Kindly be informed that I have read your letter which contains some questions. They are answered as follows:

Q 1: What is the prescribed way of Talaq (divorce pronounced by a husband) in the light of the Qur’an and the Sunnah?

A: The prescribed way is that the husband declares the divorce one time when his wife is pregnant or in a state of purity and he has not engaged in any sexual relations with her. Allah (Glorified and Exalted be He) says: O Prophet (صلى الله عليه وسلم)! When you divorce women, divorce them at their ‘Iddah (prescribed periods)

It was reported in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) on the authority of Ibn `Umar (may Allah be pleased with them) that the latter divorced his wife when she was menstruating. `Umar (may Allah be pleased with him) asked the Prophet (peace be upon him) about his son’s action to which he replied: Command him to take her back, and keep her till she is purified, then has another period, then is purified. If he wishes he may keep her and if he wishes he may divorce her before having sexual intercourse, for that is the `Iddah (woman’s prescribed waiting period after divorce or widowhood) which Allah commanded for the divorce of a woman.

Another report narrated by Muslim from the Prophet (peace be upon him) reads: Then he can divorce her when she is pure (not menstruating) or pregnant.

Q 2: Is declaring Talaq three times in the same session regarded as one divorce or three divorces?

A: Three divorces uttered at the same time is only to be counted as one according to the soundest view of scholars. It was authentically reported in Sahih Muslim on the authority of Ibn `Abbas (may Allah be pleased with them) that the (pronouncement) of three divorces during the lifetime of Allah’s Messenger (peace be upon him) and that of Abu Bakr and for two years of the caliphate of `Umar (may Allah be pleased with them) was deemed as one time of divorce. Then, `Umar (may Allah be pleased with him) said, “People hasten in a matter in which they are required to observe respite. So, it is recommended to impose it upon them,” and he imposed it upon them. It is evident that the divorce in this way is counted as a threefold divorce according to Ijtihad (juristic effort to infer expert legal rulings) made by `Umar (may Allah be pleased with him). Yet, it is better to follow the authentic Sunnah than following Ijtihad made by `Umar or others for the benefit of the Muslims. This is supported by the report narrated by Imam Ahmad ibn Hanbal in his Musnad through an authentic Sanad (chain of narrators) from Ibn `Abbas that Abu Rukanah made three pronouncements of divorce and later regretted. So, he went to the Prophet (peace be upon him) who returned his wife to him, and said: It is one divorce.

Q 3: In a state of rage, a husband said to his wife: “I divorce you thrice.” He later regretted and wants to take her back.What is the ruling on this act?

A: According to the most correct opinion of scholars, Talaq is not effected if it is declared – once or thrice – in a fit of anger. They have to prove the claim that the apparent state which caused divorce is true. On the other hand, when anger is so intense that a person is no longer aware of what he is doing or saying, the divorce is not effected according to Ijma` (consensus of scholars). In this case, he is like one who is insane and one who has lost all power of reason due to unintentional drunkenness. Uttering divorce in a state of intentional drunkenness does not become effective due to loss of reason. `Uthman (may Allah be pleased with him) issued a Fatwa that supported this view and it was followed by a group of people of knowledge, because it was based on Shar`y (Islamically lawful) evidence.

We ask Allah to guide all Muslims to understanding the religion and holding fast to it, for He is the One Who is capable to do so. As-salamu `alaykum warahmatullah wabarakatuh

Chairman of the Departments of Scholarly Research, Ifta’, Da`wah and Guidance

Fatwas of Ibn Baz :  > Volume 21 > Book on Talaq > Talaq which complies with the Sunnah and ruling on uttering the divorce three times in one session or in case of anger

http://www.alifta.net/fatawa/fatawaDetails.aspx?languagename=en&View=Page&PageID=4162&PageNo=1&BookID=14

Other related Talaq Fatwa from Shaykh Ibn Baz:
http://www.alifta.net/fatawa/fatawaDetails.aspx?PageNo=2&View=Tree&NodeID=3697&BookID=14&lang=en

Other related Talaq Fatwa from Permannet Commiteee

http://www.alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Tree&NodeID=5604&PageNo=1&BookID=7

Related Posts:

Is it permissible for a woman to have the right to divorce? – Fatwas of the Permanent Committee

Fatwas of the Permanent Committee

Browse by Volume Number > Group 1 > Volume 20: Divorce > Wisdom behind granting the right to initiate Talaq to men > Is it permissible for a woman to have the right to divorce?

Fatwa no. 5245

Q: Many people from neighboring countries ask me about the issue of `Ismah (the bond of marriage, i.e. the right to initiate divorce). Is it permissible for a woman to have this right? Please enlighten us.

A: The basic rule is that divorce is in the husband’s hands and anyone he delegates. This is in case the husband is fit, but if he is not, his guardian will act in his behalf. Moreover, if the husband authorizes his wife to initiate the divorce, she will have the right to do so as long as he has not annulled the Wakalah (appointment of a legally accountable person to act on behalf of another for a specific permissible matter). However, when a husband grants his wife the right to initiate divorce at any time by adding a condition in the marriage contract, this condition is Batil (null and void) since it opposes the main purpose behind the marriage contract. The Prophet (peace be upon him) said, “Any condition that is not in the book of Allah is null, even if they are one hundred conditions.”

May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
The Permanent Committee for Scholarly Research and Ifta’

Member Member Deputy Chairman Chairman
`Abdullah ibn Qa`ud `Abdullah ibn Ghudayyan `Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz

http://www.alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=7485&PageNo=1&BookID=7

Browse by Volume Number > Group 1 > Volume 20: Divorce > Wisdom behind granting the right to initiate Talaq to men > Wisdom behind granting the right to initiate Talaq to men

The third question of Fatwa no. 4497

Q 3: Why does Islam grant only the husband the right to initiate Talaq (divorce pronounced by a husband)? What is the ruling if the husband’s company is unbearable? How can we say that Islam treats both men and women equally?

A: Firstly: Allah grants the husband alone the right to initiate Talaq due to many important reasons, such as;

(i) The husband’s wisdom, strong will, understanding, and insight being more than the wife’s.

(ii) The husband is the one who provides for the family, manages its affairs and takes decisions. He is the main pillar and head of the household.

(iii) The husband is obligated to pay the Mahr (mandatory gift to a bride from her groom) and that is why divorce is in his hand. Had it been in the woman’s hand, a woman may marry someone to take the Mahr and divorce him to marry another, and so on. This is not proper and Allah warns Muslims against this when He says: Men are the protectors and maintainers of women, because Allâh has made one of them to excel the other, and because they spend (to support them) from their means.

Secondly: When the husband’s company is unbearable, the matter is to be referred to the courts.

Thirdly: Allah favors men with some rulings and favors women with some rulings, and both of them share some rulings, and the mutual reference is the Shari`ah (Islamic law).

May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
The Permanent Committee for Scholarly Research and Ifta’
Member Member Deputy Chairman Chairman
`Abdullah ibn Qa`ud `Abdullah ibn Ghudayyan `Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz

http://www.alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=7484&PageNo=1&BookID=7

Browse by Volume Number > Group 1 > Volume 20: Divorce > Wisdom behind granting the right to initiate Talaq to men > Should a woman make Kaffarah for divorcing her husband?

The first question of Fatwa no. 8065

Q 1: When a woman divorces her husband, is she required to make Kaffarah (expiation)? If so, what is it?

A: When a woman pronounces the divorce word to her husband, the divorce does not take place. No Kaffarah is required, but she has to perform Tawbah (repentance to Allah) and ask Allah’s forgiveness. Her pronouncement of divorce to her husband goes against the Shari`ah (Islamic law) proof that indicates that the right of divorce is given to the husband or the Islamically lawful authorized person that replaces the husband in divorce.

May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions.

The Permanent Committee for Scholarly Research and Ifta’

Member Member Deputy Chairman Chairman
`Abdullah ibn Qa`ud `Abdullah ibn Ghudayyan `Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz

http://www.alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=7486&PageNo=1&BookID=7

Getting Married with the Intention of Divorce – Shaykh Ibn Uthaymeen

by Shaykh Allaama Muhammad bin Salih al-Uthaymeen (d.1421 A.H.)
Translated by Abbas Abu Yahya

Getting married with the intention of divorce is Haraam because it is cheating the wife and her family

The Esteemed Shaykh Muhammad bin Salih al-Uthaymeen may Allaah have mercy upon him was asked:

A person wanted to travel outside this country because he had been delegated to do so, and he wanted to protect himself by getting married from that country for a specific time, then after that he will divorce this wife, he would have married her without informing her that he will divorce her, so what is the verdict regarding his action?

So the Shaykh answered:

‘This marriage with the intention of divorce is of two situations: either he makes it a condition in the contract, that he marries her for a month or a year, or until he completes his studies, then this is a marriage of Muta’ (temporary marriage) and this is Haraam.

Or either, he intends that without making it a condition, so what is well-known from the Madhab of the Hanabila, that this is Haraam, and that the marriage contract is invalid because they say that the one who makes this intention is similar to the one who makes a condition (i.e. specific period of time), due to the saying of the Prophet -sallAllaahu alayhi wa sallam-:

‘Indeed actions are but by intentions and indeed every person will have what they intended.’

If a man marries a woman from someone who has pronounced a divorce from her three times, and he marries her to make her Halaal for her previous husband so he can re-marry her, and then he divorces for this reason then this type of  Nikah (Marriage contract) is invalid, even if this Nikah was without the condition of divorcing her, since the one who makes the intention of doing this is like the one who makes it a condition.

Therefore, if getting married with the intention of making the wife permissible for her previous husband invalidates the marriage contract then the intention of Muta’ also invalidates the marriage contract,  this is the opinion of the Hanabila.

The second opinion of the people of knowledge regarding this issue is: that it is correct for a man to marry a woman and he has the intention to divorce her, if he leaves that  country, like those foreigners who go abroad for education, etc.

Their reasoning is that the man has not made a condition (of a specific period of time), and the difference between this and Muta’ is, that in Muta’ if the time period finishes then a separation takes place between the husband and wife, whether the husband likes it or not, this is contradictory to the other way, since it is possible for him to want and have interest in the wife and she continues to remain with him, and this is one of the two sayings of Shaykh ul-Islaam Ibn Taymeeyah.

What I say is, that this is correct, it is not Muta’ since the definition of Muta’ (temporary marriage) cannot be applied to this, but marriage with the intention of divorce is Haraam from the angle that it is cheating the wife and her family.   Indeed the Prophet has made cheating and deception  Haraam, and if the wife came to know that this man did not want to marry her except for this period of time, she would not have married him, and her family would also not marry her to him since the man would not allow his daughter to marry a person who has the intention of divorcing her when he has finished with his need from her, so how can this man allow for himself to deal with others with that which he does not allow for them to deal with him.

This contradicts Eemaan, due to the saying of the Prophet -sallAllaahu alayhi wa sallam:

‘None of you truly believe until you love for your brother what you love for yourself.’

Since I have heard that some people have taken this verdict as a means which leads to a matter that no-one holds permissible which is that some people travel to countries only to get married (temporarily). They go to these countries so they can get married and then they stay with this wife, whom they marry with the intention of a temporary period, then they return however long Allaah wills.

This is also seriously forbidden in this issue, so it is better to close this door, due to what is there from cheating, deception and dishonesty and because this opens the door and the people are ignorant, and most people are not prevented due to following their desires, transgressing against what Allaah has made Haraam.’

[‘Fatawa for the Muslim Women’ V.2 p.757 &  Fatawa ash-Shaykh Muhammad Salih al-Uthaymeen V.2 p.789]

Posted from Abbas Abu Yahya hafidhahullaah’s blog
https://followingthesunnah.wordpress.com

Jokingly divorcing one’s wife: The ruling – Shaykh Salih Fawzan

Scholar: ´Allâmah Sâlih bin Fawzân al-Fawzân
Source: alfawzan.af.org.sa/node/13728
Reference: Darulhadith.com
Translation: aFatwa.com (site not exist now)

Question: What is the ruling regarding me saying to my wife that she is divorced jokingly with laughter?

Shaykh al-Fawzân: There is no joking or laughing when it comes to the divorce. Its joking is seriousness, as the prophet (sallâ Allâhu ‘alayhi wa sallam) said. If you jokingly tell her that she is divorced, she is divorced.

Sahih Muslim : Book 09: The Book of Divorce (Kitab Al-Talaq)

Translation of Sahih Muslim, Book 9:

 

 

The Book of Divorce (Kitab Al-Talaq)

INTRODUCTION

The Arabic word for divorce is talaq which means” freeing or undoing the knot” (Imam Raghib). In the terminology of the jurists. Talaq signifies the dissolution of marriage, or the annulment of its legality by the pronouncement of certain words.

Divorce is of three kinds: the Ahsan, or most laudable, the Hasan, or laudable, and the Bid’a or irregular.

Talaq Ahsan or the most laudable divorce is where the husband repudiates his wife by making one pronouncement within the term of Tahr (purity. when the woman is not passing through the period of menses) during which he has not had sexual intercourse with her, and she is left to observe her ‘Idda.

Talaq Hasan or laudable divorce is where a husband repudiates an enjoyed wife by three sentences of divorce, in three Tuhrs

Talaq Bid’a or irregular divorce is where a husband repudiates his wife by three divorces at once. According to the majority of the jurists, the Talaq holds good, but it is against the spirit of the Shari’ah, and, therefore, the man who follows this course in divorce is an offender in the eye of Islamic Law.

The right of woman in demanding the dissolution of marriage is known as Khula’ (meaning, literally, the putting off or taking off a thing). It is a kind of facility provided to the wife in securing Talaq from her husband by returning a part or full amount of the bridal gift.

We have described before that, according to Islam, marriage is a civil contract; yet the rights and responsibilities consequent upon it are of such importance to the welfare of humanity that a high degree of sanctity is attached to it. But, in spite of the sacredness of the character of the marriage tie, Islam recognises the eternity of divorce in cases when marital relations are poisoned to a degree which makes a peaceful home life impossible. But Islam does not believe in unlimited opportunities for divorce on frivolous and flimsy grounds, because any undue increase in tht facilities for divorce would destroy the stability of family life. Therefore, while allowing divorce even on genuine grounds, Islam has taken great care to introduce checks designed to limit the use of available facilities. The French legists Planiol and Ripert have explicitly emphasised Islam’s point of view in regard to divorce in these words:” Divorce is a mischief. However, it is a measure that cannot be avoided for the welfare of the community, because it is the only remedy for another harm which may be wore dangerous The prohibition of divorce, whatever harm it may imply, is like the prohibition of surgery, because the surgeon is compelled to amputate some of the limbs of the patient’s body. However, there is no danger whatsoever, in legislating for divorce (in accordance with the practice established by Islam) since it is not divorce that spoils married life and dissolves its sacred tie, but the misunderstanding that arises between the married couple and hinders the strengthening of this (union by marriage) and demolished it. Divorce alone puts an end to the hatred that may occur between the husband and his wife before it is aggravated and becomes an intolerable mischief to society” (quoted by Hasan Ibrihim Hasan, Islam, Religious, Political. Social and Economic Study, p. 274).

Chapter 1: IT IS FORBIDDEN TO DIVORCE THE WOMAN DURING HER MENSES


Book 009, Number 3473:

 

Ibn ‘Umar (Allah be pleased with them) reported that he divorced his wife while she was menstruating during the lifetime of Allah’s Messenger (may peace be upon him). ‘Umar b. Khattib (Allah be pleased with him) asked Allah’s Messenger (may peace be upon him) about it, whereupon Allah’s Messenger (may peace be upon him) said: Command him (‘Abdullah b. ‘Umar) to take her back (and keep her) and pronounce divorce when she is purified and she again enters the period of menstruation and she is again purified (after passing the period of menses), and then if he so desires he may keep her and if he desires divorce her (finally) before touching her (without having an intercourse with her), for that is the period of waiting (‘ldda) which God, the Exalted and Glorious, has commanded for the divorce of women.


Book 009, Number 3474:

 

Abdullah (b. ‘Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah’s Messenger (may peace be upon him) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the ‘Idda which Allah had commanded for the divorce of women. Ibn Rumh in his narration made this addition: When ‘Abdullah was asked about it, he said to one of them: If you have divorced your wife with one pronouncement or two (then you can take her back), for Allah’s Messenger (may peace be upon him) commanded me to do it; but if you have divorced her with three pronouncements, then she is forbidden for you until she married another husband, and you disobeyed Allah in regard to the divorce of your wife what He had commanded you. (Muslim said: The word” one divorce” used by Laith is good.)


Book 009, Number 3475:

 

Ibn Umar (Allah be pleased with them) reported: I divorced my wife during the lifetime of Allah’s Messenger (may peace be upon him) when she was in the state of menses. ‘Umar (Allah be pleased with him) made a mention of it to Allah’s Messenger (may peace be upon him), whereupon he said: Command him to take her back and leave her (in that state) until she is purified. Then (let her) enter the period of second menses, and when she is purified, then divorce her (finally) before having a sexual intercourse with her, or retain her (finally). That is the ‘Idda (the prescribed period) which Allah commanded (to be kept in view) while divorcing the women. ‘Ubaidullah reported: I said to Nafi’: What became of that divorce (pronounced within ‘Idda)? He said: It was as one which she counted.


Book 009, Number 3476:

 

A hadith like this has been narrated on the authority of ‘Ubaidullah, but he made no mention of the words of Ubaidullah that he said to Nafi’.


Book 009, Number 3477:

 

Ibn ‘Umar (Allah be pleased with them) reported that he divorced his wife during the period of menses. ‘Umar (Allah be, pleas’ed with him) asked Allah’s Apostle (may peace be upon him), and he commanded him (‘Abdullah b. ‘Umar) to have her back and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, then divorce her (finally) before touching her (having a sexual intercourse with her), for that is the prescribed period which Allah commanded (to be kept in view) for divorcing the women. When Ibn ‘Umar (Allah be pleased with them) was asked about the person who divorces his wife in the state of menses, he said: If you pronounced one divorce or two, Allah’s Messenger (may peace be upon him) had commanded him to take her back, and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, and then divorce her (finally) before touching her (having a sexual intercourse with her) ; and if you have pronounced (three divorces at one and the same time) you have in fact disobeyed your Lord with regard to what He commanded you about divorcing your wife. But she is however (finally separated from you).


Book 009, Number 3478:

 

Abdullah b. ‘Umar (Allah be pleased with them) reported: I divorced my wife while she was in the state of menses. ‘Umar (Allah be pleased with him) made mention of it to Allah’s Apostle (may peace be upon him) and he was enraged and he said: Command him to take her back until she enters the second ensuing menses other than the one in which he divorced her and in case he deems proper to divorce her, he should pronounce divorce (finally) before touching her (in the period) when she is purified of her menses, and that is the prescribed period in regard to divorce as Allah has commanded. ‘Abdullah made a pronouncement of one divorce and it was counted in case of divorce. ‘Abdullah took her back as Allah’s Messenger (may peace be upon him) had commanded him. A hadith like this was reported on the authority of Zuhri with the same chain of narrators. Ibn Umar (Allah be pleased with them), however, said: I took her back, and counted this pronouncement of divorce (as valid) with which I divorced her.


Book 009, Number 3479:

 

Ibn ‘Umar (Allah be pleased with them) reported that he divorced his wife while she was in the state of menses. ‘Umar (Allah be pleased with him) made mention of it to Allah’s Apostle (may peace be upon him) and he said: Command him to take her back, then divorce her when she is pure or she is pregnant.


Book 009, Number 3480:

 

Ibn ‘Umar (Allah be pleased with them) reported that he divorced his wife while she was in her menses. ‘Umar (Allah be pleased with him) asked Allah’s Apostle (may peace be upon him) about that, and he said: Command him to take her back until she is pure and then she enters the second menses and then becomes pure. Then either divorce her (finally) or retain her.


Book 009, Number 3481:

 

Ibn Sirin reported: One who was blameless (as a narrator) narrated to me for twenty years that Ibn ‘Umar (Allah be pleased with him) pronounced three divorces to his wife while she was in the state of menses. He was commanded to take her back. I neither blamed them (the narrators) nor recognised the hadith (to be perfectly genuine) until I met Abu Ghallab Yunus b. Jubair al-Bahili and he was very authentic, and he narrated to me that he had asked Ibn ‘Umar (Allah be pleased with there) and he narrated it to him that he made one pronouncement of divorce to his wife as she was in the state of menses, but he was commanded to take her back. I said: Was it counted (as one pronouncement)? He said: Why not, was I helpless or foolish?


Book 009, Number 3482:

 

A hadith like this has been transmitted on the authority of Ayyub with a slight variation of words.


Book 009, Number 3483:

 

Ayyub reported a hadith like this with the same chain of narrators and he said: Umar (Allah be pleased with him) asked Allah’s Apostle (may peace be upon him) about it and he commanded him that he should take her back until she is divorced in the state of purity without having a sexual intercourse with her, and said: Divorce her in the beginning of her ‘Idda or her ‘Idda commences.


Book 009, Number 3484:

 

Yunus b. Jubair reported: I said to Ibn’Umar (Allah be pleased with them): A person divorcedhis wife while she was in the state of menses, whereupon he said: Do you know ‘Abdullah b. Umar (Allah be pleased with them), for he divorced his wife in the state of menses. ‘Umar (Allah be pleased with him) came to Allah’s Apostle (may peace be upon him) and asked him, and he (the Holy Prophet) commanded him that he should take her back, and she started her ‘Idda. I said to him: When a person divorces his wife, and she is in the state of menses, should that pronouncement of divorce be counted? He said: Why not, was he hopless or foolish?


Book 009, Number 3485:

 

Ibn ‘Umar (Allah be pleased with them) reported: I divorced my wife while she was in the state of menses. ‘Umar (Allah he pleased wish him) came toAllah’s Apostle (may peace be upon him) and made mention of that to him, whereupon Allah’s Apostle (may peace be upon him) told that be should take her back, and when she is pure he may divorce her. if he would so wish. I (one of the narrators) said to Ibn ‘Umar (Allah be pleased with them): Did you count (this pronouncement of divorce) in her case? He said: What (after all) prevents him from doing so? Do you find him (Ibn Umar) either helpless or foolish?


Book 009, Number 3486:

 

Anas b. Sirin reported: I asked Ibn ‘Umar (Allah be pleased with them) about the woman whom he had divorced. He said: I divorced her while she was in the state of menses. It was mentioned to ‘Umar (Allah be pleased with him) and he then made a mention of that to Allah’s Apostle (may peace be upon him), whereupon he said: Command him to take her back and when the period of menses is over, then (he may divorce her in the state of her purity. He (Ibn Umar) said: So I took her back, then divorced her in her purity. I (the narrator) said: Did you count that divorce which you pronounced in the state of menses? He said: Why should I not have counted that? Was I helpless or foolish?


Book 009, Number 3487:

 

Anas b. Sirin reported that he had heard Ibn ‘Umar (Allah be pleased with them) as saying. I divorced my wife while she was in the state of menses. ‘Umar (Allah be pleased with him) came to Allah’s Apostle (may peace be upon him) and informed him about it, whereupon he (Allah’s Apostle) said: Command him to take her back and when she is pure, then divorce her. I said to Ibn ‘Umar Allah be pleased with them): Did you count that pronouncement of divorce? He said: Why not? This hadith has been narrated on the authority of Shu’ba with the same chain of transmitters but with a slight variation in wording.


Book 009, Number 3488:

 

Ibn Tawus narrated on the authority of his father that Ibn ‘Umar (Allah be pleased with them) was asked about the person who divorced his wife in the state of menses, whereupon he said: Do you know ‘Abdullah b. Umar? He said: Yes. He said: It was he who divorced his wife jn the state of menses and ‘Umar went to Allah’s Apostle (may peace be upon him) and gave him this information. and he commanded him that he should take her back; and he (Abu Tawus) said: I did not hear any addition to this (hadith) from my father.


Book 009, Number 3489:

 

Abu Zubair reported that he heard ‘Abd al-Rahman b. Aiman (the freed slave of ‘Azza) say that he asked Ibn ‘Umar (Allah be pleased with them) and Abu Zubair heard: What is your opinion about the person who divorced his wife in the state of menses? Thereupon he said: Ibn Umar (Allah be pleased with them) divorced his wife during the lifetime of Allah’s Messenger (may peace be upon him) while she was in the state of menses. Upon this Allah’s Messenger (may peace be upon him) told him to take her back and so he took her back and he (further) said: When she is pure, then either divorce her or retain her. Ibn ‘Umar (Allah be pleased with them) said that Allah’s Apostle (may peace be upon him) then recited this verse:” O Apostle, when you divorce women, divorce them at the commencement of their prescribed period” (Ixv 1).


Book 009, Number 3490:

 

A hadith like this is reported on the same authority (but with this difference that the narrator) ‘Abd al-Rahman b. Aiman (was mentioned) as the freed slave of ‘Urwa (Imam Muslim said: He made a mistake who said that it was ‘Urwa; it was in fact the freed slave of ‘Azza.)

Chapter 2: PRONOUNCEMENT OF THREE DIVORCES


Book 009, Number 3491:

 

Ibn ‘Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah’s Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them.


Book 009, Number 3492:

 

Abu Sahba’ said toIbn ‘Abbas (Allah be pleased with them): Do you know that three (divorces) were treated as one during the lifetime of Allah’s Apostle (may peace be upon him), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes.


Book 009, Number 3493:

 

Abu al-Sahba’ said to Ibn ‘Abbas: Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah’s Messenger (may peace be upon him) and Abu Bakr. He said: It was in fact so, but when during the caliphate of ‘Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).

Chapter 3: ATONEMENT IS ESSENTIAL FOR ONE WHO MADE HIS WIFE UNLAWFUL FOR HIMSELF WITHOUT THE INTENTION OF DIVORCE


Book 009, Number 3494:

 

Ibn Abbas (Allah be pleased with them) reported about (declaring of one’s woman) unlawful as an oath which must be atoned, and Ibn ‘Abbas said: Verily, there is in the Messenger of Allah (may peace be upon him) a model pattern for you.


Book 009, Number 3495:

 

Ibn Abbas (Allah be pleased with them) reported: When a man declares his wife unlawful for himself that is an oath which must be atoned, and he said: There is in the Messenger of Allah (may peace be upon him) a noble pattern for you.


Book 009, Number 3496:

 

‘A’isha (Allah be pleased with her) narrated that Allah’s Apostle (may peace be upon him) used to spend time with Zainab daughter of Jahsh and drank honey at her house. She (‘A’isha further) said: I and Hafsa agreed that one whom Allah’s Apostle (may peace be upon him) would visit first should say: I notice that you have an odour of the Maghafir (gum of mimosa). He (the Holy Prophet) visited one of them and she said to him like this, whereupon he said: I have taken honey in the house of Zainab bint Jabsh and I will never do it again. It was at this (that the following verse was revealed): ‘Why do you hold to be forbidden what Allah has made lawful for you… (up to). If you both (‘A’isha and Hafsa) turn to Allah” up to:” And when the Holy Prophet confided an information to one of his wives” (lxvi. 3). This refers to his saying: But I have taken honey.


Book 009, Number 3497:

 

‘A’isha (Allah be pleased with her) reported Allah’s Messenger (may peace be upon him) liked sweet (dish) and honey. After saying the afternoon prayer he used to visit his wives going close to them. So he went to Hafsa and stayed with her more than what was his usual stay. I (‘A’isha) asked about that. It was said to me: A woman of her family had sent her a small vessel of honey as a gift, and she gave to Allah’s Messenger (may peace be upon him) from that a drink. I said: By Allah, we would also contrive a device for him. I mentioned that to Sauda, and said: When he (Allah’s Apostle) would visit you and draw close to you, say to him: Allah’s Messenger, have you taken maghafir? And he would’say to you: No. Then say to him: What is this odour? And Allah’s Messenger (may peace be upon him) felt it very much that unpleasant odour should emit from him. So he would say to you: Hafsa has given me a drink of honey. Then you should say to him: The honey-bees might have sucked ‘Urfut, and I would also say the same to him and. Safiyya, you should also say this. So when he (the Holy Prophet) came to Sauda, she said: By Him besides whom there is no god, it was under compulsion that I had decided to state that which you told me when he would be at a little distance at the door. So when Allah’s Messenger (may peace be upon him) came near, she said: Messenger of Allah, did you eat Maghafir? He said: No. She (again) said: Then what is this odour? He said: Hafsa gave me honey to drink. She said: The honey-bee might have sucked ‘Urfut. When he came to me I told him like this. He then visited Safiyya and she also said to him like this. When he (again) visited Hafsa, she said: Messenger of Allah, should I not give you that (drink)? He said: I do not need that. Sauda said: Hallowed be Allah, by Him we have (contrived) to make that (honey) unlawful for him. I said to her: Keep quiet. This hadith has been narrated on the authority of ‘Urwa with the same chain of transmitters.

Chapter 4: MERE GIVING OF OPTION OF DIVORCE TO WOMEN DOES NOT MAKE THE DIVORCE EFFECTIVE, BUT WHEN IT IS REALLY INTENDED


Book 009, Number 3498:

 

‘A’isha (Allah be pleased with her) reported: When the Messenger of Allah (may peace be upon him) was commanded to give option to his wives, he started it from me saying: I am going to mention to you a matter which you should not (decide) in haste until you have consulted your parents. She said that he already knew that my parents would never allow me to seek separation from him She said: Then he said: Allah, the Exalted and Glorious, said: Prophet, say to thy wives: If you desire this world’s life and its adornment, then come, I will give you a provision and allow you to depart a goodly departing; and if you desire Allah and His Messenger and the abode of the Hereafter, then Allah has prepared for the doers of good among you a great reward She is reported to have said: About what should I consult my parents, for I desire Allah and His Messenger and the abode of the Hereafter? She (‘A’isha) said: Then all the wives of Allah’s Messenger (may peace be upon him) did as I had done.


Book 009, Number 3499:

 

‘A’isha (Allah be pleased with her) reported that Allah’s Messenger (may peace be upon him) sought our permission when he had a (turn to spend) a day with (one of his wives) amongst us (whereas he wanted to visit his other wives too). It was after this that this verse was revealed:” Thou mayest put off whom thou pleasest of them, and take for thee whom thou pleasest” (xxxiii. 5). Mu’adha said to her: What did you say to Allah’s Messenger (may peace be upon him) when he sought your permission? She said: I used to say: If it had the option in this I would not have (allowed anyone) to have precedence over me.


Book 009, Number 3500:

 

‘A’isha reported: Allah’s Messenger (may peace be upon him) gave us the option (to get divorce) but we did not deem it as divorce.


Book 009, Number 3501:

 

Masruq reported: I do not mind if I give option to my wife (to get divorce) once, hundred times, or thousand times after (knowing it) that she has chosen me (and would never seek divorce). I asked ‘A’isha (Allah be pleased with her) (about it) and she said: Allah’s Messenger (may peace be upon him) gave us the option, but did it imply divorce? (It was in fact not a divorce; it is effective when women actually avail themselves of it.)


Book 009, Number 3502:

 

‘A’isha reported that Allah’s Messenger (may peace be upon him) gave option to his wives, but it was not a divorce.


Book 009, Number 3503:

 

‘A’isha (Allah be pleased with her) reported: Allah’s Messenger (may peace be upon him) gave us the option (to get divorce) and we chose him and he did not count it a divorce.


Book 009, Number 3504:

 

‘A’isha (Allah be pleased with her) reported: Allah’s Messeinger (may peace be upon him) gave us the option (to get divorce), but me made a choice of him and he did not count anything (as divorce) in regard to us.


Book 009, Number 3505:

 

A hadith like this has been transmitted on the authority of ‘A’isha through another chain of narrators.


Book 009, Number 3506:

 

Jabir b. ‘Abdullah (Allah be pleased with them) reported: Abu Bakr (Allah be pleased with him) came and sought permission to see Allah’s Messenger (may peace be upon him). He found people sitting at his door and none amongst them had been granted permission, but it was granted to Abu Bakr and he went in. Then came ‘Umar and he sought permission and it was granted to him, and he found Allah’s Apostle (may peace be upon him) sitting sad and silent with his wives around him. He (Hadrat ‘Umar) said: I would say something which would make the Holy Prophet (may peace be upon him) laugh, so he said: Messenger of Allah, I wish you had seen (the treatment meted out to) the daughter ofKhadija when you asked me some money, and I got up and slapped her on her neck. Allah’s Messenger (mav peace be upon him) laughed and said: They are around me as you see, asking for extra money. Abu Bakr (Allah be pleased with him) then got up went to ‘A’isha (Allah be pleased with her) and slapped her on the neck, and ‘Umar stood up before Hafsa and slapped her saying: You ask Allah’s Messenger (may peace be upon him) which he does not possess. They said: By Allah, we do not ask Allah’s Messenger (may peace be upon him) for anything he does not possess. Then he withdrew from them for a month or for twenty-nine days. Then this verse was revealed to him:” Prophet: Say to thy wives… for a mighty reward” (xxxiii. 28). He then went first to ‘A’isha (Allah be pleased with her) and said: I want to propound something to you, ‘A’isha, but wish no hasty reply before you consult your parents. She said: Messenger of Allah, what is that? He (the Holy Prophet) recited to her the verse, whereupon she said: Is it about you that I should consult my parents, Messenger of Allah? Nay, I choose Allah, His Messenger, and the Last Abode; but I ask you not to tell any of your wives what I have said He replied: Not one of them will ask me without my informing her. God did not send me to be harsh, or cause harm, but He has sent me to teach and make things easy.

Chapter 5: ILA’AND KEEPING AWAY FROM THE WIVES


Book 009, Number 3507:

 

‘Umar b. al-Khattab (Allah be pleased with him) reported: When Allah’s Apostle (may peace be upon him) kept himself away from his wives, I entered the mosque, and found people striking the ground with pebblesand saying: Allah’s Messenger (may peace be upon him) has divorced his wives, and that was before they were commanded to observe seclusion ‘Umar said to himself: I must find this (actual position) today. So I went to ‘A’isha (Allah be pleased with her) and said (to her): Daughter of Abu Bakr, have you gone to the extent of giving trouble to Allah’s Messenger (may peace be upon him)? Thereupon she said: Son of Khattab, you have nothing to do with me, and I have nothing to do with you. You should look to your own receptacle. He (‘Umar) said: I visited Hafsa daughter of ‘Umar, and said to her: Hafsa, the (news) has reached me that you cause Allah’s Messenger (may peace be upon him) trouble. You know that Allah’s Messenger (may peace be upon him) does not love you, and had I not been (your father) he would have divorced you. (On hearing this) she wept bitterly. I said to her: Where is Allah’s Messenger (may peace be upon him)? Shesaid: He is in the attic room. I went in and found Rabah, the servant of Allah’s Messenger (may peace be upon him), sitting on the thresholds of the window dangling his feet on the hollow wood of the date-palm with the help of which Allah’s Messenger (may peace be upon him) climbed (to the apartment) and came down. I cried: 0 Rabah, seek permission for me from Allah’s Messenger (way peace be upon him). Rabah cast a glance at the apartment and then looked toward me but said nothing. I again said: Rabah, seek permission for me from Allah’s Messenger (may peace be upon him). Rabah looked towards the apartment and then cast a glance at me, but said nothig. I then raised my voice and said: 0 Rabah, seek permission for me from Allah’s Messenger (may peace be upon him). I think that Allah’s Messenger (may peace be upon him) is under the impression that I have come for the sake of Hafsa. By Allah, if Allah’s Messenger (may peace be upon him) would command me to strike her neck, I would certainly strike her neck. I raised my voice and he pointed me to climb up (and get into his apartment). I visited Allah’s Messenger (may peace be upon him), and he was lying on a mat. I sat down and he drew up his lower garment over him and he had nothing (else) over him, and that the mat had left its marks on his sides. I looked with my eyes in the store room of Allah’s Messenger (may peace be upon him). I found only a handful of barley equal to one sa’ and an equal quantity of the leaves of Mimosa Flava placed in the nook of the cell, and a semi-tanned leather bag hanging (in one side), and I was moved to tears (on seeing this extremely austere living of the Holy Piophet), and he said: Ibn Khattab, what wakes you weep?

I said: Apostle of Allah, why should I not shed tears? This mat has left its marks on your sides and I do not see in your store room (except these few things) that I have seen; Ceasar and Closroes are leading their lives in plenty whereas you are Allah’s Messenger. His chosen one, and that is your store! He said: Ibn Khattab, aren’t you satisfied that for us (there should be the prosperity) of the Hereafter, and for them (there should be the prosperity of) this world? I said: Yes. And as I had entered I had seen the signs of anger on his face, and I therefore, said: Messenger of Allah, what trouble do you feel from your wives, and if youhave divorced them, verily Allah is with you, His angels, Gabriel, Mika’il, I and Abu Bakr and the believers are with you. And seldom I talked and (which I uttered on that day) I hoped that Allah would testify to my words that I uttered. And so the verse of option (Ayat al-Takhyir) was revealed. Maybe his Lord, if he divorce you, will give him in your place wives better than you…” (Ixv. 5). And if you back up one another against him, then surely Allah is his Patron, and Gabriel and the righteous believers, and the angels after that are the aidera (lvi. 4). And it was ‘A’isha, daughter of Abu Bakr, and Hafsa who had prevailed upon all the wives of Allah’s Prophet (way peace be upon him) for (pressing them for mote money). I said: Messenger of Allah, have you divorced them? He said: No. I said: Messenger of Allah, I entered the mosque and found the Muslims playing with pebbles (absorbed in thought) and saying: Allah’s Messenger has divorced his wives. Should I get down and inform there that you have not divorced them? He said: Yes, if you so like. And I went on talking to him until I (found) the signs of anger disappeared on his face and (his seriousness was changed to a happy mood and as a result thereof) his face had the natural tranquillity upon it and he laughed and his teeth were the most charming (among the teeth) of all people. Then Allah’s Apostle (may peace be upon him) climbed down and I also climbed down and catching hold of the wood of the palm-tree and Allah’s Messenger (may peace be upon him) came down (with such ease) as if he was walking on the ground, not touching anything with his hand (to get support). I said: Messenger of Allah, you remained in your apartment for twenty-nine days. He said: (At times) the month consists of twenty-nine days. I stood at the door of the mosque and I called out at the top of my voice: The Messenger of Allah (may peace be upon him) has not divorced his wives (and it was on this occasion that this) verse was revealed:” And if any matter pertaining to peace or alarm comes within their ken, they broadcast it; whereas, if they would refer it to the Apostle and those who have been entrusted with authority amongst them, those of them who are engaged in obtaining intelligence would indeed know (what to do with) it” (iv 83). And it was I who understood this matter, and Allah revealed the verse pertaining to option (given to the Holy Prophet (may peace be upon him in regard to the retaining or divorcing of his wives).


Book 009, Number 3508:

 

Abdullah b. Abbas (Allah be pleased with tlicm) reported: I intended to ask ‘Umar b. al-Khattab (Allah be pleased with him) about a verse, but I waited for one year to ask him out of his fear, until he went out for Pilgrimage and I also accompanied him. As he came back and we were on the way he stepped aside towards an Arak tree to ease himself. I waited for him until he was free. I then walked along with him and said: Commander of the Faithful, who are the two among the wives of Allah’s Messenger (may peace be upon him) who backed up one another (in their demand for extra money)? He said: They were Hafsa and ‘A’isha (Allah be pleased with them). I said to him: It is for one year that I intended to ask you about this matter but I could not date so on account of the awe for you. He said: Don’t do that. If you think that I have any knowledge, do ask me about that. And if I were to know that, I would inform you. He (the narrator) stated that ‘Umar had said: By Allah, during the days of ignorance we had no regard for women until Allah the Exalt- ed revealed about them what He has revealed, and appointed (turn) for them what he appointed. He said: It so happened that I was thinking about some matter that my wife said: I wish you had done that and that. I said to her: It does not concern you and you should not feel disturbed in a matter which I intend to do. She said to me: How strange is it that you, O son of Khattab, do not like anyone to retort upon you, whereas your daughter retorts upon Allah’s Messenger (may peace be upou him) until he spends the day in vexation. ‘Umar said: I took hold of my cloak, then came out of my house until I visited Hafsa and said to her: O daughter, (I heard) that you retort upon Allah’s Messenger (may peace be upon him) until he spends the day in vexation, whereupon Hafsa said: By Allah, we do retort upon him. I said: You should bear in mind, my daughter, that I warn you against the punishment of Allah and the wrath of His Messenger (may peace be upon him). You may not be misled by one whose beauty has fascinated her, and the love of Allah’s Messenger (may peace be upon him) for her. I (‘Umar) then visited Umm Salama because of my relationship with her and I talked to her. Umm Salama said to me: Umar b. al-Khattab, how strange is it that you meddle with every matter so much so that you are anxious to interfere between Allah’s Messenger (may peace be upon him) and his wives, and this perturbed me so much that I refrained from saying what I had to say, so I came out of her apartment, and I had a friend from the Anar.

When I had been absent (from the company of the Holy Prophet) he used to bring me the news and when he had been absent I used to bring him the news, and at that time we dreaded a king of Ghassan. It was mentioned to us that he intended to attack us, and our minds were haunted by him. My friend, the Ansari, came to me, and he knocked at the door and said: Open it, open it. I said: Has the Ghassani come? He said: (The matter is) more serious than that. The Messenger of Allah (may peace be upon him) has separated himself from his wives. I said: Let the nose of Hafsa and ‘A’isha be besmeared with dust. I then took hold of my cloth and went out until I came and found Allah’s Messenger (may peace be upon him) in his attic to which he climbed by means of a ladder made of date-palm, and the servant of Allah’s Messenger (may peace be upon him) who was black had been sitting at the end of the ladder. I said: This is Umar. So permission was granted to me. I narrated this news to Allah’s Messenger (may peace be upon him) and as I narrated the news concerning Umm Salama, Allah’s Messenger (may peace be upon him) smiled. He was lying on the mat and there was nothing between him and that (mat), and under his head there was a pillow made of leather and it was stuffed with plam fibres and at his feet were lying a heap of sant tree (acacia niloctica, meant for dyeing) and near his head there was hanging a hide. And I saw the marks of the maton the side of Allah’s Messenger (may peace be upon him), and so I wept. He said: What makes you weep? I said: Messenger of Allah, the Khusrau and the Ceasars (spendd their lives in) the midst of (luxuries), whereas you being Allah’s Messenger (are leading your life in this poverty). Thereupon Allah’s Messenger (may peace be upon him) said: Don’t you like that they should have riches of their world, and you have the Hereafter.


Book 009, Number 3509:

 

Ibn Abbas (Allah be pleased with them) said: I came along with Umar until we reached Marr al-Zahran (the name of a place), and the rest of the hadith is the same as narrated by Sulaiman b. Bilal (except with) the variation (of words) that I said: (What) about these two women? He said: They were Hafsa and Umm Salama. And he made this addition: I came to the apartments and in every apartment there was (the noise) of weeping. And this addition was also made: And he (the Holy Prophet) had taken an oath of remaining away from them for a month, and when twenty-nine days had passed, he visited them.


Book 009, Number 3510:

 

Ibn Abbas (Allah be pleased with them) is reported to have said: I intended to ask Umar about those two ladies who had pressed for (worldly riches) during the lifetime of the Holy Prophet (may peace be upon him), and I kept waiting for one year, but found no suitable opportunity with him until I happened to accompany him to Mecca. And as he reached Marr al Zahran he went away to answer the call of nature, and he said (to me): Bring me a jug of water, and I took that to him. After having answered the call of nature, as he came back, I began to pour water (over his hands and feet), and I remembered (this event of separation of Allah’s Apostle [may peace be upon him] from his wives). So I said to him: Commander of the Faithful, who are the two ladies (who had pressed the Holy Prophet [may peace be upon him] for providing comforts of life) and I had not yet finished my talk when he said: They were ‘A’isha and Hafsa.


Book 009, Number 3511:

 

Ibn ‘Abbas (Allah be pleased with them) reported. I had always been anxious to ask ‘Umar (Allah be pleased with him) about the two ladies amongst the wives of Allah’s Prophet (may peace be upon Lim) about whom Allah, the Exalted, said:” If you both turn in repentance to Allah, then indeed your hearts are inclined (to this)” (Ixvi. 4), until ‘Umar (Allah be pleased with him) set out for Hajj and I also went along with him. And as we were going along a path, ‘Umar (Allah be pleased with hiyn) went aside and I also went aside with him with a jug (of water). He answered the call of nature, and then came to me and I poured water over his hands and he performed ablution I said: Commander of the Faithful, who are the two ladies amongst the wives of Allah’s Prophet (may peace be upon him) about whom Allah, the Exalted and Majestic, said: ‘If you both turn to Allah in repentance, then indeed your heart are inclined to it”? ‘Umar (Allah he pleased with him) said: How strange is it for you, Ibn ‘Abbas! (Zuhri said: By Allah, he disliked what he asked about, but did not keep it a secret.) He (‘Umar) said: They are Hafsa and ‘A’isha; and he then began to narrate the hadith and said: We were such people among the Quraish who dominated women, and as we reached Medina we found there people who were dominated by their women, and our women began to learn (the habits) of their women. He further said: And my house was situated in the suburb of Aledina in the tribe of Banu Umayya b. Zaid. One day I became angry with my wife and she retorted upon me. I did not like that she should retort upon me. She said: You disapprove of my retorting upon you By Allah, the wives of Allah’s Apostle (may peace be upon him) retort upon him, and one of them detaches herself from him for the day until the night. So I (‘Umar) went out and visited Hafsa and said: Do you retort upon Allah’s Messenger (may peace be upon him)? She said: Yes. I said; Does any one of you detach herself from him from the day to the night? She said: Yes. He said: She who did like it amongst you in fact failed and incurred loss. Does everyone amongst you not fear the wrath of Allah upon her due to the wrath of His Messenger (may peace be upon him), and (as a result thereof) she may perish? So do not retort upon Allah’s Messenger (may peace be upon him) and do not ask him for anything, but ask me that which you desire, (and the frank behaviour) of your companion may not mislead you, if she is more graceful and is dearer to Allah’s Messenger (may peace be upon him) than you (meaning ‘A’isha) (Allah be pleased with her).

He (Hadrat ‘Umar further) said: I had a compalaion from the Ansar and, we used to remain in the company of the Messenger (may peace be upon him) turn by turn. He remained there for a day while I remained there on the other day, and he brought me the news about the revelation and other (matter), and I brought him (the news) like this. And we discussed that the Ghassanids were shoeing the horses in order to attack us. Id y companion once attended (the Apostle). and then came to me at night and knocked at my door and called me, and I came out to him, and he said: A matter of great importance has happened. I said: What is that? Have the Ghassanids come? He said: No, but even more serious and more significant than that: the Holy Prophet (may peace be upon him) has divorced his wives. I said: Hafsa has failed and has incurred loss. and I feared that it would happen. When it was dawn I observed the dawn prayer and dressed myself, and then came there (in the house of the Holy Prophet) and visited Hafsa, and she was weeping. I said: Has Allah’s Messenger (may peace be upon him) divorced you (all)? She said: I do not know. He has, however, separated himself in his attic. I came to a black servant and said to him: Seek permission for ‘Umar. He went in and then came to me and said: I made mention of you to him, but he kept quiet. I then went to the pulpit and sat there, and there was a group of people sitting by it and some of then were weeping. I sat there for some time, until I was overpowered (by that very idea) which was in my mind. I then came back to the boy and said to him: Seek permission for Umar. He went in and came to me and said: I made mention of you to him but he kept quiet. I was about to turn back when the boy called me and said: Go in; permission has been granted to you. I went in and greeted Allah’s Messenger (may peace be upon him) and he was reclining against the couch of mat and it had left its marks upon his side. I said: Messenger of Allah, have you divorced your wives? He raised his head towards me and said: No. I said: Allah is the Greatest. Messenger of Allah, I wish if you had seen how we the people of Quraish had domination over women but when we came to Medina we found people whom their women dominated. So our women began to learn from their women. One dily I became angry with my wife and she began to retort upon me. I did not approve that she should retort upon me. She said: You do not like that I should retort upon you, but, by Allah. the wives of Allah’s Apostle (may peace be upon him) retort upon him and any one of them separates herself from him for a day until night. I said: He who did that amongst them in fact failed and incurred loss. Does any of them feel sate from the wrath of Allahupon her due to the wrath of Allah’s Messenger (may peace be upon him), and she has certainly perished. Allah’s Messtnger (may peace be upon him) smiled, I said: Messenger of Allah, I visited Hafsa and said: (The behaviour) of your companion (‘A’isha) may not mislead you, If she is more graceful than you and is dearer to Allah’s Messenger (may peace be upon him) than you.

Allah’s Messenger (may peace be upon him) smiled for the second time. I said: Allah’s Messenger, way I talk to you about agreeable things? He said: Yes. I sat down and lifted my head (to see things) in the house and, by Allah, I did not see anything significant besides three hides. I said: Messenger of Allah, supplicate the Lord that He should make (life) prosperous for your Ummah as He has made plentiful for the people of Persia and Rome (in spite of the fact) that they do no, worship Allah, the Exalted and Majestic, whereupon he (Allah’s Messenger) sat up an I then said: Ibn Khattab, do you doubt that they are a nation whom their nice things have been given immediately in the life of this world. I said: Allah’s Messenger! seek pardon for me. And he (Allah’s Messenger) had taken an oath that he would not visit them for a month due to extreme annoyance with them until Allah showed His displeasure to him (Allah’s Messenger). Zuhri said: ‘Urwa informed me that ‘A’Isha (Allah be pleased with her) said: When twenty-nine nights were over, Allah’s Messenger (may peace be upon him) visited me, and he began (his visit) with me. I said: Messenger of Allah, you had taken an oath that you would not visit us for a month, while you have visited after I have counted only twenty-nine (nights). Thereupon he said: The month may also be of twenty-nine (days). He then said: ‘A’isha, I am going to talk to you about a matter, and you should not be hasty in it (and do not give your final decision) until you have consulted your parents. He then recited this verse to me:” O Prophet, say to your wives” till he reached” mighty reward” (xxxiii. 28). ‘A’isha (Allah be pleased with her) said: By Allah, he knew that my parents would not allow me to separate from him. I said: Is there any need to consult my parents in this matter? I in fact choose Allah and His Messenger (may peace be upon him) and the abode in the Hereafter. Ma’mar said: Ayyub reported to me that ‘A’isha said: Don’t inform your wives that I have chosen you, whereupon Allah’s Apostle (may peace be upon him) said: Verily Allah has sent me as a conveyer of message, and He has not sent me as a source of hardship (to others). Qatada said:” Saghat qulubukum” means” Your hearts have inclined.”

Chapter 6: THERE IS NO MAINTENANCE ALLOWANCE FOR ONE WHO HAS BEEN GIVEN IRREVOCABLE DIVORCE


Book 009, Number 3512:

 

Fatima bint Qais reported that Abu ‘Amr b. Hafs divorced her absolutely when he was away from home, and he sent his agent to her with some barley. She was displeased with him and when he said: I swear by Allah that you have no claim on us. she went to Allah’s Messenger (may peace be upon him) and mentioned that to him. He said: There is no maintenance due to you from him, and he commanded her to spend the ‘Idda in the house of Umm Sharik, but then said: That is a woman whom my companions visit. So better spend this period in the house of Ibn Umm Maktum, for he is a blind man and yon can put off your garments. And when the ‘Idda is over, inform me. She said: When my period of ‘Idda was over, I mentioned to him that Mu’awiya b. Abu Sufyan and Jahm had sent proposal of marriage to me, whereupon Allah’s Messenger (may peace be upon him) said: As for Abu Jahm, he does not put down his staff from his shoulder, and as for Mu’awiya, he is a poor man having no property; marry Usama b. Zaid. I objected to him, but he again said: Marry Usama; so I married him. Allah blessed there in and I was envied (by others).


Book 009, Number 3513:

 

Fatima bint Qais reported that her husband divorced her during the life time of Allah’s Prophet (may peace be upon him) and gave her a meagre maintenance allowance. When she saw that, she said: By Allah, I will inform Allah’s Messenger (may peace be upon him), and if maintenance allowance is due to me then I will accept that which will suffice me, and if it is not due to me, I will not accept anything from him. She said: I made a mention of that to Allah’s Messenger (may peace be upon him) and he said: There is neither maintenance allowance for you nor lodging.


Book 009, Number 3514:

 

Fatima bint Qais reported that her husband al-Makhzulmi divorced her and refused to pay her maintenance allowance. So she came to Allah’s Messenger (may peace he upon him) and informed him, whereupon he said: There is no maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live with him for he is a blind man and you can put off your clothes in his house (i. e. you shall not face much difficulty in observing purdah there).


Book 009, Number 3515:

 

Abu Salama reported that Fatima bint Qais, the sister of al-Dahhak b. Qais informed him that Abu Hafs b. Mughira al-Makhzumi divorced her three times and then he proceeded on to the Yemen. The members of his family said to her: There is no maintenance allowance due to you from us. Khalid b. Walid along with a group of persons visited Allah’s Messenger (may peace be upon him) in the house of Maimuna and they said: Abu Hafs has divorced his wife with three pronouncements; is there any maintenance allowance due to her? Thereupon Allah’s Messenger (may peace be upon him) said: No maintenance allowance is due to her, but she is required to spend the ‘Idda; and he sent her the message that she should not be hasty in making a decision about herself and commanded her to move to the house of Umm Sharik, and then sent her the message that as the first immigrants (frequently) visit the house of Umm Sharik, she should better go to the house of Ibn Umm Maktum, the blind, (and further said: In case you put off your head-dress, he (Ibn Umm Makhtum) will not see you. So she went to his house, and when the ‘Idda was over, Allah’s Messenger (may peace be upon him) married her to Usama b. Zaid b. Haritha.


Book 009, Number 3516:

 

Fatima bint Qais reported: I had been married to a person from Banu Makhzum and he divorced me with irrevocable divorce. I sent a message to his family asking for maintenance allowance, and the rest of the hadith has been transmitted with a slight change of words.


Book 009, Number 3517:

 

Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu ‘Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah’s Messenger (may peace be upon him) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the ‘Idda was over). ‘Urwa said that ‘A’isha objected to (the words of) Fatima bint Qais. This hadith has been transmitted through another chain of narrators.


Book 009, Number 3518:

 

‘Ubaidullah b. ‘Abdullah b. ‘Utba reported that ‘Amr b. Hafs b. al-Mughira set out along with ‘Ali b. Abi Talib (Allah be pleased with him) to the Yemen and sent to his wife the one pronouncement of divorce which was still left from the (irrevocable) divorce; and he commanded al-Harith b. Hisham and ‘Ayyash b. Abu Rabi’a to give her maintenance allowance. They said to her: By Allah, there is no maintenance allowance for you, except in case you are pregnant. She came to Allah’s Apostle (may peace he upon him) and mentioned their opinion to him, whereupon he said: There is no maintenance allowance for you. Then she sought permission to move (to another place), and he (the Holy Prophet) permitted her. She said: Allah’s Messenger, where (should I go)? He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garmeqts in his presence and he would not see her. And when her ‘Idda was over. Allah’s Apostle (may peace be upon him) married her to Usama b. Zaid. Marwan (the governor of Medina) sent Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him, whereupon Marwan said: We have not heard this hadith but from a woman. We would adopt a safe (path) where we found the people. Fatima said that when these words of, Marwan were conveyed to her. There is between me and you the word of Allah, the Exalted and Majestic: Do” not turn them out” of their houses. She asserted: This is in regard to the revocable divorce what new (turn can the event take) after three pronouncements (separation between irrevocable). Why do you say there is no maintenance allowance for her if she is not pregnant? Then on what ground do you restrain her?


Book 009, Number 3519:

 

Sha’bi reported: I visited Fatima bint Qais and asked her about the verdict of Allah’s Messenger (may peace be upon him) about (board and lodging during the ‘Idda) and she said that her husband divorced her with an irrevocable divorce. She (further. said): I contended with him before Allah’s Messerger (may peace be upon him) about lodging and maintenance allowance, and she said: He did not provide me with any lodging or maintenance allowance, and he commanded me to spend the ‘Idda in the house of Ibn Umm Maktum.


Book 009, Number 3520:

 

A hadith like this has been trarismitted on the authority of Hushaim through another chain of narrators.


Book 009, Number 3521:

 

Sha’bi reported: We visited Fitima hint Qais and she served us fresh dates and a drink of barley flour, and I asked where should a woman who has been divorced by three pronouncements, spend the period of her ‘Idda. She said: My husband divorced me with three pronouncements, and Allah’s Apostle (may peace be upon him) permitted me to spend my ‘Idda period in my family (with my parents).


Book 009, Number 3522:

 

Fatima bint Qais (Allah be pleased with her) reported from Allah’s Messenger (may peace be upon him) that there is no lodging and maintenance allowance for a woman who has been given irrevocable divorce.


Book 009, Number 3523:

 

Fatima bint Qais (Allah be pleased with her) reported: My husband divorced me with three pronouncements. I decided to move (from his house to another place). So I came to Allah’s Messenger (may peace be upon him), and he said: Move to the house of your cousin ‘Amr b. Umm Maktum and spend your period of ‘Idda there.


Book 009, Number 3524:

 

Abu Ishaq reported: I was with al-Aswad b. Yazid sitting in the great mosque, and there was with us al-Sha’bi, and he narrated the narration of Fatima bint Qais (Allah be pleased with her) that Allah’s Messenger (may peace be upon him) did not make any provision for lodging and maintenance allowance for her. Al-Aswad caught hold of some pebbles in his fist and he threw them towards him saying: Woe be to thee, you narrate like it, whereas Umar said: We cannot abandon the Book of Allah and the Sunnah of our Apostle (may peace be upon him) for the words of a woman. We do not know whether she remembers that or she forgets. For her, there is a provision of lodging and maintenance allowance. Allah, the Exalted and Majestic, said:” Turn them not from their houses nor should they themselves go forth unless they commit an open indecency” (lxv. 1).


Book 009, Number 3525:

 

A hadith like this has been narrated on the authority of Ishaq with the same chain of transmitters.


Book 009, Number 3526:

 

Fatima bint Qais (Allah be pleased with her) reported that her husband divorced her with three, pronouncements and Allah’s Messenger (may peace be upon him) made no provision for her lodging and maintenance allowance. She (further said): Allah’s Messenger (may peace be upon him) said to me: When your period of ‘Idda is over, inform me. So I informed him. (By that time) Mu’awiya, Abu Jahm and Usama b. Zaid had given her the proposal of marriage. Allah’s Messenger (may peace be upon him) said: So far as Mu’awiya is concerned, he is a poor man without any property. So far as Abu Jahm is concerned, he is a great beater of women, but Usama b. Zaid… She pointed with her hand (that she did not approve of the idea of marrying) Usama. But Allah’s Messenger (may peace be upon himn) said: Obedience to Allah and obedience to His Messenger is better for thee. She said: So I married him, and I became an object of envy.


Book 009, Number 3527:

 

Fatima bint Qais (Allah be pleased with her) reported: My husband Abu ‘Amr b. Hafs b. al-Mughira sent ‘Ayyish b. Abu Rabi’a to me with a divorce, and he also sent through him five si’s of dates and five si’s of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my ‘Idda period in your house? He said: No. She said: I dressed myself and came to Allah’s Messenger (may peace be upon him). He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he (‘Ayyish b. Abu Rabi’a) had stated was true. There is no maintenance allowance for you. Spend ‘Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me. She said: Mu’awiya and Abu’l-Jahm (Allah be pleased with them) were among those who had given me the proposal of marriage. Thereupon Allah’s Apostle (may peace be upon him) said: Mu’awiya is destitute and in poor condition and Abu’l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).


Book 009, Number 3528:

 

Abu Bakr b. Abu’l-Jahm reported: I and Abu Salama b ‘Abd al-Rahman came to fatima bint Qais (Al! ah be pleased with her) and asked her (about divorce, etc.). She said: I was the wife of Abu ‘Amr b. Hafs b. al-Mughira, and he set out to join the battle of Najran. The rest of the hadith is the same, but he made this addition:” She said: I married him and Allah hornoured me on account of Ibn Zaid and Allah favoured me because of him.”


Book 009, Number 3529:

 

Abu Bakr reported: I and Abu Salama came to Fatima bint Qais (Allah be pleased with her) during the time of Ibn Zubair (Allah be pleased with him) and she narrated to us that her husband gave her an irrevocable divorce. (The rest of the hadith is the same.)


Book 009, Number 3530:

 

Fatima bint Qais (Allah be pleased with her) reported: My husband divorced me with three pronouncements and Allah’s Messenger (may peace be upon him) made no provision for lodging and maintenance allowance.


Book 009, Number 3531:

 

Hisham reported on the authority of his father that Yahya b. Sa’id b. al-‘As married the daughter of ‘Abd al-Rahman b. al-Hakam, and he divorced her and he turned her out from his house. ‘Urwa (Allah be -pleased with him) criticised this (action) of theirs (the members of the family of her in-laws). They said: Verily, Fatima too went out (of her in-laws’ house). ‘Urwa said: I came to ‘A’isha (Allah be pleased with her) and told her about it and she said: There is no good for Fatima bint Qais (Allah be pleased with her) in making mention of it.


Book 009, Number 3532:

 

Fatima bint Qais (Allah be pleased with her) reported that she said: Allah’s Messenger, my husband has divorcee me with three pronouncements and I am afraid that I may be put to hardship, and so he commanded her and so she moved (to another house).


Book 009, Number 3533:

 

‘A’isha (Allah be pleased with her) said: It is no good for Fatima to make mention of it, i. e. her statement:” There is no lodging and maintenance allowance (for the divorced women).”


Book 009, Number 3534:

 

Ibn al-Qasim narrated on the authority of his father that ‘Urwa b. Zubair (Allah be pleased with him) said to ‘A’isha (Allah be pleased with her): Didn’t you see that such and such daughter of al-Hakam was divorced by her husband with an irrevocable divorce, and she left (the house of her husband)? Thereupon ‘A’isha (Allah be pleased with her) said: It was bad that she did. He ( Urwa) said: Have you not heard the words of Fatima? Thereupon she said: There if no good for her in making mention of it.

Chapter 7: ONE WHO IS DIVORCED BY THREE PRONOUNCEMENTS OR WHOSE HUSBAND HAS DIED CAN GET OUT OF HER HOUSE FOR A NEED DURING HER PERIOD OF ‘IDDA


Book 009, Number 3535:

 

Jabir b. ‘Abdullah (Allah be pleased with them) reported: My maternal aunt was divorced, and she intended to pluck her dates. A person scolded her for having come out (during the period of ‘Idda). She came to Allah’s Prophet (may peace be upon him.) and he said: Certainly you can pluck (dates) from your palm trees, for perhaps you may give charity or do an act of kindness.

Chapter 8: THE PERIOD OF ‘IDDA COMES TO AN END WITH THE BIRTH OF THE CHILD


Book 009, Number 3536:

 

‘Ubaidullah b. ‘Abdullah b. ‘Utba (b. Mas’ud) reported that his father wrote to Umar b. ‘Abdullah b al Arqam al-Zuhri that he would go to Subai’ah bint al-Hirith al-Aslamiyya (Allah be pleased with her) and ask her about a verdict from him which Allah’s Messenger (may peace be upon him) gave her when she had asked that from him (in regard to the termination of ‘Idda at the birth of a child) ‘Umar b. Abdullah wrote to ‘Abdullah b. ‘Utba informing him that Subai’ah had told him that she had been married to Sa’d b. Khaula and he belonged to the tribe of Amir b. Lu’ayy, and was one of those who participated in the Battle of Badr, and he died in the Farewell Pilgrimage and she had been in the family way at that time. And much time had not elapsed that she gave birth to a child after his death and when she was free from the effects of childbirth she embellished herself for those who had to give proposals of marriage. Abd al-Sunabil b. Ba’kak (from Banu ‘Abd al-Dar) came to her and said: What is this that I see you embellished; perhaps you are inclined to marry, By Allah, you cannot marry unless four months and ten days (of ‘Idda are passed). When he said that. I dressed myself, and as it was evening I came to Allah’s Messenger (may peace be upon him) and asked him about it, and he gave me a religious verdict that I was allowed to marry when I had given birth to a child and asked me to marry if I so liked. Ibn Shihab said: I do not find any harm fur her in marrying when she has given birth to a child even when she is bleeding (after the birth of the child) except that her husband should not go near her until she is purified.


Book 009, Number 3537:

 

Abu Salama b. ‘Abd al-Rahman and Ibn ‘Abbas. (Allah be pleased with them) got together in the house of Abu Huraira (Allah be pleased with him) and began to discuss about the woman who gave birth to a child a few nights after the death of her husband. Ibn ‘Abbas (Allah be pleased with then) ) said: Her ‘Idda is that period which is longer of the two (between four months and ten days and the birth of the child, whichever is longer). AbuSalama, however said: Her period of ‘Idda is over (with the birth of the child), and they were contending with each other over this issue, whereupon Abu Huraira (Allah be pleased with him) said: I subscribe (to the view) held by my nephew (i. e. Abu Salama). They sent Kuraib (the freed slave of Ibn ‘Abbas) to Umm Salama to ask her about it. He came (back) to them and informed them that Umm Salama (Allah be pleased with her) said that Subai’ah al-Aslamiyya gave birth to a child after the death of her husband when the few flights (had hardly) passed and she made mention of that to Allah’s Messenger (may peace be upon him) and he commanded her to marry.


Book 009, Number 3538:

 

This hadith has been narated with the same chain of transrmitters except with a small change of words (and that is): They sent him to Umm Salama, but no mention was made of Kuraib.

Chapter 9: IT IS OBLIGATORY TO ABSTAIN FROM ADORNMENT DURING THE ‘IDDA PERIOD, BUT MOURNING BEYOND THREE DAYS IS PROHIBITED


Book 009, Number 3539:

 

Zainab (bint Abu Salama) (Allah be pleased with her) reported: I went to Umm Habiba, the wife of Allah’s Apostle (may peace be upon him), when her father Abu Sufyan had died. Umm Habiba sent for a perfume having yellowness in it or something else like it, and she applied it to a girl and then rubbed it on her cheeks and then said: By Allah, I need no perfume but for the fact that I heard Allah’s Messenger (may peace be upon him) say on the pulpit:” It is not permissible for a woman believing in Allah and the Hereafter to mourn for the dead beyond three days, but (in case of the death) of the husband it is permissible for four months and ten days.” Zainab said: I then visited Zainab hint Jahsh (Allah be pleased with her) when her brother died and she sent for perfume and applied it and then said: By Allah, I don’t feel any need for the perfume but that I heard Allah’s Messenger (may peace be upon him) say on the pulpit:” It is not permissible for a woman believing in Allah and the Hereafbler to mourn the dead beyond three days except in case of her husband (for whom she can mourn) for four months and ten days.” Zainab (Allah be pleased with her) said: I heard my mother Umm Salama (Allah be pleased with her) as saying: A woman came to Allah’s Messenger (may peace be upon him) and said: Allah’s Messenger. I have a daughter whose husband has died and there has developed some trouble in her eye; should we apply collyrium to it? Thereupon Allah’s Messenger (may peace be upon him) said: No (repeating it twice or thrice, saying only, NO” all the time). Then he said: It is only four mouths and ten days, whereas in the preIslamic period none of you threw away the dung until one year had passed. Humaid said: I said to Zainab: What is this throwing of dung until a year is passed? Zainab said: When the husband of a woman died, she went into a hut and put on her worst clothes, and did not apply perfume or something like it until a year was over. Then an animal like a donkey, or a goat, or a bird was brought to her and she rubbed her hand over it, and it so happened that one on which she rubbed her hand died. She then came out of her house and she was given dung and she threw it and then she made use of anything like perfume or something else as she liked.


Book 009, Number 3540:

 

Zainab bint Umm Salama (Allah be pleased with her) reported that a relative of Umm Habiba (Allah he pleased with her) died. She sent for a yellow (perfume) and applied that to her forearm and said: I, am doing it, for I have heard Allah’s Messenger (may peace be upon him) saying: It is not permissible for a woman believing in Allah and the Hereafter to mourn beyond three days except the husband (for whom she can mourn) for four months and ten days, This hadith was narrated by Zainab from her mother and from Zainab, the wife of Allah’s Apostle (may peace be upon him), or from some other lady from among the wives of the Prophet (may peace be upon him).


Book 009, Number 3541:

 

Zainab bint Umm Salama (Allah be pleased with her) reported on the authority of her mother that a woman lost her husband. (As her eyes were ailing) they (her kith and kin) entertained fear about her eyes, so they came to Allah’s Apostle (may peace be upon him) and sought permission for the use of collyrium, whereupon Allah’s Messenger (may peace be upon him) said: One among you used to spend one year in a dungeon dressed in worst clothes. (And at the end of this period) she threw dung at the dog which happened to pass that way and then she came out (of her ‘Idda). Can’t she (wait) even for four months and ten days?


Book 009, Number 3542:

 

Humaid b. Nafi’ narrated two traditions from Umm Salama dealing with collyrium and the other hadith from the wives of Allah’s Prophet (may peace be upon him) except with this that no mention was made of Zainab.


Book 009, Number 3543:

 

Zainab bint Abu Salama reported: Umm Salama and Umm Habiba (Allah be pleased with them) were talking with each other (and saying) that a woman came to Allah’s Messenger (may peace be upon him) and mentioned to him that her daughter had lost her husband, and her eyes were sore and she wnted to use collyrium, whereupon Allah’s Messenger (may peace be upon him) said: One among you used to throw dung at the end of a year, and now (this abstinence from adornment) is only for four months and ten days.


Book 009, Number 3544:

 

Zainab bint Abu Salama reported that when the news of the death of Abu Safyan came to Umm Habiba she sent for yellow (perfume) on the third day and rubbed it on her forearms and on her cheeks and said: I had in fact no need of it, but I heard Allah’s Messenger (may peace be upon him) as saying: It is not permissible for the women believing in Allah and the Hereafter to abstain from adornment beyond three days except (at the death of) husband (in which case she must abstain from adornment) for four months and ten days.


Book 009, Number 3545:

 

Safiyya bint Abu ‘Ubaid reported on the authority of Hafsa or ‘A’isha (Allah be pleased with thein) or from both of them that Allah’s Messenger (may peace he upon him) said: It is not permissible for a woman believing in Allah and the Hereafter (or believing in Allah and His Messenger) that she should observe mourning for the dead beyond three days except in case of her husband.


Book 009, Number 3546:

 

A hadith like this is transmitted on the authority of Nafi’.


Book 009, Number 3547:

 

Safiyya bint Abu ‘Ubaid reported that she heard Hafsa daughter of Umar (Allah be pleased with them), (and) wife of Allah’s Prophet (may peace be upon him), narrating a hadith like this from Allah’s Apostle (may peace be upon him), and she made this addition:” She should abstain from adorning herself (in case of the death of her husband) for four months and ten days.”


Book 009, Number 3548:

 

Safiyya bint Abu ‘Ubaid narrated this tradition of Allah’s Prophet (may peace be upon him) on the authority of some wives of Allah’s Apostle (may peace be upon him)


Book 009, Number 3549:

 

‘A’isha (Allah be pleased with her) reported Allah’s Messenger (may peace be upon him) as saying: It is not permissible for a woman believing in Allah and the Hereafter to observe mourning on the dead for more than three (days), except in case of her husband.


Book 009, Number 3550:

 

Umm ‘Atiyya (Allah be pleased with her) reported that Allah’s Messenger (may peace be upon him) had said: A woman must not observe mouriaing for one who had died for more than three (days) except for four months and ten days in the case of her husband. and she must not wear a dyed garment except one of the types made of dyed yarn, or apply collyrium, or touch perfume except a little perfume or incense, when she has been purified after her courses.


Book 009, Number 3551:

 

A hadith like this has been narrated on the authority of Hisham with the same chain of narrators but with a slight variation of words.


Book 009, Number 3552:

 

Umm ‘Atiyya (‘Allah be pleased with her) said: We were forbidden to observe mourning for the dead beyond three days except in the case of husband (where it is permissible) for four months and ten days, and (that during this period) we should neither use collyrium nor touch perfume, nor wear dyed clothes, but concession was given to a woman when one of us was purified of our courses to make use of a little incense or scent.

Chapter 10: LI’AN (INVOKING CURSE)


Book 009, Number 3553:

 

Sahl b. Sa’d al-Sa’idi reported that’Uwaimir al-‘Ajlani came to ‘Asim b. ‘Adi al-Ansari and said to him. Tell me about a person who finds a man with his wife; should he kill him, and be killed In retaliation; or how should he act? ‘Asim, ask for me (religious verdict about it) from Allah’s Messenger (may peace be upon him). So ‘Asim asked Allah’s Messenger (may peace be upon him) and he did not like this question and he disapproved of it so much that’Asim felt aggrieved at what he had heard from Allah’s Messenger (may peace be upon him). When ‘Asim came back to his family, ‘Uwaimir came to him and said: ‘Asim, what did Allah’s Messenger (may peace be upon him) say to you? ‘Asim said to ‘Uwaimir: You did not bring something good. Allah’s Messenger (may peace be upon him) did not like this religious verdict that I sought from him. ‘Uwaimir said: By Allah, I will not rest until I have asked him about it. ‘Uwaimir proceeded until he came to Allah’s Messenger (may peace be upon him) as he was sitting amidst people, and said: Messenger of Allah, tell me about a person who found a man with his wife. Should he kill him, and then you would kill him, or how should he act? Thereupon Allah’s Messenger (may peace be upon him) said: (Verses) have been revealed concerning you and your wife; so go and bring her. Sahl said that they both invoked curses (and further said): I was along with people in the company of Allah’s Messenger (may peace be upon him). And when they had finished, Uwaimir said: Allah’s Messenger, I shall have told a lie against her if I keep her (now). So he divorced her with three pronouncements before Allah’s Messenger (may peace be upon him) had commanded him. Ibn Shihab said: Subsequently that was the practice of invokers of curses (al Mutala’inain)


Book 009, Number 3554:

 

Sahl b. Sa’d reported.. ‘Uwaimir al-Ansari (Allah be pleased with him) from Banu’l-‘Ajlan came to ‘Asim b. ‘Adi (Allah be pleased with him) the remaining part of the hadith is the same and it was also reecorded in it:” And subsequebtly the separation became the practice of al-Mutala’inain.” And this addition was also made:” She was pregnant and her son was ascribed to her, and it became customary that such (a son) would inherit her and she would inherit him in the share prescribed by Allah for her.


Book 009, Number 3555:

 

Ibn Shihab narrated about the invokers of curses and the practice of (li’an) based on the authority of Sahl b. Sa’d, of the tribe of Sa’ida. that a person from the Ansar came to Allah’s Apostle (may peace be upon him) and said: Allah’s Messenger, tell me about the person who found a man with his wife. The remaining part of the hadith is the same (but) with this addition: They invoked curses in the mosque and I was present there. And he narrated in the hadith: He divorced her with three pronouncements before Allah’s Messenger (may peace be upon him) commanded him (to get separation). He separated from her in the presence of Allah’s Apostle (may peace be upon him), whereupon he said: There is a separation between the invokers of curses.


Book 009, Number 3556:

 

Sa’id b Jubair reported: I was asked about the invokers of curses during the reign of Mus’ab (b. Zubair) whether they could separate (themselves by this process). He said: I did not understand what to say. So I went to the house of Ibn ‘Umar (Allah be pleased with them) in Mecca. I said to his servant: Seek permission for Me. He said that he (Ibn ‘Umar) had been taking rest. He (Ibn ‘Umar) heard my voice. and said: Are you Ibn Jubair? I said: Yes. He’said: Come in. By Allah, it must be some (great) need which has brought you here at this Hour. So I got in and found him lying on a blanket reclining against a pillow stuffed with fibres of date-palm. I said: O Abu’Abd al-Rahman, should there be separation between the invokers of curses? He said: Hallowed be Allah, yes, The first one who asked about it was so and so. he said: Messenger of Allah, tell me If one of us finds his wife committing adultery: what should he do? If he talks, that is something great, and if he keeps quiet that is also (something great) (which he cannot afford to do). Allah’s Prophet (may peace be upon him) kept quiet (or some time). After some time he (that very person) came to him (Allah’s Messenger) and said: I have been involved in that very cage about which I had asked you Allah the Exalted and Majestic then revealed (these) verses of Surah Nur:” Those who accuse their wives” (verse 6), and he (the Holy Prophet) recited them to him and admonished him, and exhorted him and informed him that the torment of the world is less painful than the torment of the Hereafter. He said: No, by Him Who sent you with Truth, I did not tell a lie against her. He (the Holy Prophet) then called her (the wife of that person who had accused her) and admonished her, and exhorted her, and informed her that the torment of this world is less painful than the torment of the Hereafter. She said: No, by Him Who sent thee with Truth, he is a liar. (it was) the man who started the swearing of oath and he swore in the name of Allah four times that he was among the truthful. and at the fifth turn he said: Let there be curse of Allah upon him if he were among the liars. Then the woman was called and she swore four times in the name of Allah that he (her husband) was among the liars, and at the fifth time (she said): Let there be curse upon her if he were among the truthful. He (the Holy Prophet) then effected separation between the two. A hadith like this is narrated by Ibn Numair with a slight variation of words.


Book 009, Number 3557:

 

Ibn Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) saying to the invokers of curse: Your account is with Allah. One of you must be a liar. You have now no right over this woman. He said: Messenger of Allah, what about my wealth (dower that I paid her at the time of marriage)? He said: You have no claim to wealth. If you tell the truth, it (dower) is the recompense for your having had the right to intercourse with her, and if you tell a lie against her, it is still more remote from you than she is. Zuhair said in his narration: Sufyan reported to us on the authority of ‘Amr that he had heard Sa’id b Jubair saying: I heard Ibn Umar (Allah be pleased with them) saying that Allah’s Messenger (may peace be upon him) had said it.


Book 009, Number 3558:

 

Ibn ‘Umar (Allah be pleased with them) said that Allah’s Messenger (may peace be upon him) effected separation between the two members of Banu al-‘Ajlan, and said: Allah knows that one of you is a liar. Is there one to repent among you?


Book 009, Number 3559:

 

Sa’id b. Jubair reported: I asked Ibn ‘Umar (Allah be pleased with them) about invoking curse (li’an), and he narrated Similarly from Allah’s Apostle (may peace be upon him).


Book 009, Number 3560:

 

Sa’id b. Jubair reported that Mus’ab b. Zubair did not effect separation between the Mutala’inain (invokers of curses). Sa’id said: It was mentioned to ‘Abdullah b. Umar (Allah be pleased with them) and he said: Allah’s Apostle (may peace be upon him) effected separation between the two members of Banu al-‘Ajlan.


Book 009, Number 3561:

 

Nafi’ reported on the authority of Ibn Umar (Allah be pleased with them) that a person invoked curse on the wife during the lifetime of Allah s Messenger (may peace be upon him), so he effected separation between them and traced the lineage of the son to his mother.


Book 009, Number 3562:

 

Ibn ‘Umar (Allah be pleased with them) reported: Allah’s Messenger (may peace be upon him) asked a person from the Anger and his wife to invoke curse (upon one another in order to testify to their truthfulness), and then effected separation between them.


Book 009, Number 3563:

 

A hadith like this has been narrated on the authority of ‘Ubaidulah with the same chain of transmitters.


Book 009, Number 3564:

 

‘Abdullah reported: We were on the night of Friday staying in the mosque when a person from the Ansar came there and said: If a person finds hiswoman along with a man, and he speaks about it, you would lash him, and if he kills, you will kill him, and if he keeps quiet he shall have to consume anger. By Allah, I will definitely ask about him from Allah’s Mescenger (may peace be upon him). On the following day he came to Allah’s Messenger (may peace be upon him) and asked him thus: If a man were to find with his wife a man and if he were to talk about it, you would lash him; and if he killed, you would kill him, and if he were to keep quiet. he would consume anger, whereupon he (the Holy Prophet) said: Allah, solve (this problem), and he began to supplicate (before Him), and then the verses pertaining to li’an were revealed:” Those who accuse their wives and have no witnesses except themselves” (xxiv. 6). The person was then put to test according to these verses in the presence of the people. There came he and his wife in the presence of Allah’s Messenger (may peace be upon him), and they invoked curses (in order to testify their claim). The man swore four times in the name of Allah that he was one of the truthful and then invoked curse for the fifth time saying: Let there be curse of Allah upon him if he were among the liars. Then she began to invoke curse. Allah’s Messenger (may peace be upon him) said to her: just wait (and curse after considering over it), but she refused and invoked curse and when she turned away, he (Allah’s Apostle) said: It seems that this woman shall give birth to a curly-haired black child, And so she did gave birth to a curly-haired black child.


Book 009, Number 3565:

 

A hadith like this is narrated on the authority of A’mash.


Book 009, Number 3566:

 

Muhammad (one of the narrators) reported: I asked Anas b. Malik (Allah be pleased with him) knowing that he had a knowledge of (the case of li’an). He said: Hilal b. Umayya (Allah be pleased with him) accused his wife with the charge of fornication with Sharik b. Sahma, the brother of al-Bara’b Malik from the side of his mother. And he was the first person who invoked curse (li’an) in Islam. He in fact invoked curse upon her. Allah’s Messenger (may peace be upon him) said: See to her if she gives birth to a white-complexioned child having dark hair and bright eyes; he must be the son of Hilal b. Umayya; and if she gives birth to a child with dark eyelids, curly hair and lean shanks, he must be the offspring of Sharik b. Sahma. He said: I was informed that she gave birth to a child having dark eyelids, curly hair and lean shanks.


Book 009, Number 3567:

 

Ibn Abbas (Allah be pleased with them) reported: Mention was made of li’an in the presence of Allah’s Messenger (may peace be upon him). And Asim b. ‘Adi passed a remark about it and then turned away, and a man of his tribe came to him complaining that he had found a man with his wife, whereupon ‘Asim said: I have been taken by my words. He took him to Allah’s Messenger (may peace be upon him) and told him about the man whom he had found with his wife and this man was a lean, yellow-coloured man with lank hair, and the person who was accused of committing adultery with her (his wife) had fleshy shanks, with wheat complexion and heavy bulk. Allah’s Messenger (may peace be upon him) said: O Allah, make (this case) manifest. And as she gave birth to a child, whose face resembled that person about whom her husband had made mention that he had found her with, and Allah’s Messenger (may peace be, upon him) had asked them to invoke curses. A person said to Ibn ‘Abbas (Allah be pleased with him): Is she (that woman) about whom Allah’s Messenger (may peace be upen him) (said):” If I were to stone anybody without evidence, I would have stoned her”? Ibn ‘Abbas (Allah be pleased with him) said: No, it is not she. That woman was one who openly spread evil in society. This hadith has been narrated on the authority of Ibn ‘Abbas (Allah be pleased with them) through another chain of transmitters with the addition of these words: ‘With flesh, and curly tangled hair.”


Book 009, Number 3568:

 

‘Abdullah b Shaddad reported that mention was made about the invokers of curses before Ibn ‘Abbas (Allah be pleased with them). Ibn Shaddad said: Are these the two about whom Allah’s Apostle (clay peace be upon him) said.” If I were to stone one without evidence, I would have definitely stoned her”? Ibn Abbas (Allah be pleased with them) said: She is not this woman; but she is the one who (committed adultery) openly.


Book 009, Number 3569:

 

Abu Huraira (Allah be pleased with him) reported that Sa’d b. ‘Ubada al-Ansari said: Messenger of Allah, tell the if a man finds his wife with another person, should he kill him? Allah’s Messenger (may peace be upon him) said: No. Sa’d said: Why not? I swear by Him Who has honoured you with Truth. There upon Allah’s Messenger (may peace be upon him) said: Listen to what your chief says.


Book 009, Number 3570:

 

Abu Huraira (Allah be pleased with him) reported that Sa’d b. Ubada (Allah be pleased with him) said: Messenger of Allah, if I were to find with my wife a man, should I wait until I bring four witnesses? He said: Yes.


Book 009, Number 3571:

 

Abu Huraira (Allah be pleased with him) reported that Sa’d b. Ubada (Allah be pleased with him) said: Messenger of Allah, if I were to find with my wife a man, should I not touch him before bringing four witnesses? Allah’s Messenger (may peace be upon him) said: Yes. He said: By no means. By Him Who has sent you with the Truth, I would hasten with my sword to him before that. Allah’s Messenger (may peace be upon him) said: Listen to what your chief says. He is jealous of his honour, I am more jealous than he (is) and God is more jealous than I.


Book 009, Number 3572:

 

AI-Mughira b. Shu’ba (Allah be pleased with him) reported that Sa’d b. ‘Ubada (Allah be pleased with him) said: If I were to see a man with my wife, I would have struck him with the sword, and not with the flat part (side) of it. When Allah’s Messenger (may peace be upon him) heard of that, he said: Are you surprised at Sa’d’s jealousy of his honour? By Allah, I am more jealous of my honour than he, and Allah is more jealous than I. Because of His jealousy Allah has prohibited abomination, both open and secret And no person is more jealous of his honour than Allah, and no persons, is more fond of accepting an excuse than Allah, on account of which He has sent messengers, announcers of glad tidings and warners; and no one is more fond of praise than Allah on account of which Allah has promised Paradise.


Book 009, Number 3573:

 

A hadith like this has been transmitted on the authority, of ‘Abd al-Malik b. Umair with the same chain of narraters but with a slight change of words.


Book 009, Number 3574:

 

Abu Huraira (Allah be pleased with him) reported: There came a person to the Holy Prophet (may peace he upon him) ) from Banu Fazara and said: My wife has given birth to a child who is black, whereupon Allah’s Apostle (may peace be upon him) said: Have you any camels? He said: Yes. He again said: What is this colour? He said: They are red. He said: Is there a dusky one among them? He said: Yes, there are dusky ones among them He said: How has it come about? He said: It is perhaps the strain to which it has reverted, whereupon he (the Holy Prophet) said: It is perhaps the strain to which he (the child) has reverted.


Book 009, Number 3575:

 

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters. In the hadith transmitted on the authority of Ma’mar, the (words are):” Messenger of Allah, my wife has given birth to a dark-complexioned boy, and he at that time was intending to disown him.” And this addition has been made at the end of the hadith:” He (the Holy Prophet) did not permit him to disown him.”


Book 009, Number 3576:

 

Abu Huraira (Allah be pleased with him) reported: A desert Arab came to Allah’s Messenger (may peace be upon him) and said: My wife has given birth to a dark-complexioned child and I have disowned him. Thereupon Allah’s Apostle (may peace be upon him) said: Have you any camels? He said: Yes. He said: What is their colour? He said? They are red. He said: Is there anyone dusky among them? He said: Yes. Allah’s Messenger (may peace be upon him) said: How has it come about? He said: Messenger of Allah, it is perhaps due to the strain to which it has reverted, whereupon the Holy Prophet (may peace be upon him) said: It (the birth) of the black child may be due to the strain to which he (the child) might have reverted.


Book 009, Number 3577:

 

A hadith like this has been narrated on the authority of Abu Huraira (Allah be pleased with him) through another chain of transmitters.

Chapter 11: EMANCIPATING A SLAVE


Book 009, Number 3578:

 

Ibn Umar (Allah be pleased with them) reported Allah’s Messenger may peace be upon him) as saying: If anyone emancipates his share ina slave and has enough money to pay the full price for him, a fair price for the slave should be fixed, his partners given their shares, and the slave be thus emancipated, otherwise he is emancipated only to the extent of the first man’s share.


Book 009, Number 3579:

 

This hadith has been reported on the authority of Ibn ‘Umar through another chain of transmitters.


Book 009, Number 3580:

 

Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: The slave who is jointly owned by two persons, and is emancipated by one of them, (this one) has liability (upon him to secure complete freedom for that slave).


Book 009, Number 3581:

 

Abu Huraira (Allah be pleased witli him) reported Allah’s Prophet (may peace be upon him) as saying: If anyone emancipates a share in a slave, he is to be completely emancipated if he has money; but if he has none, the slave will be required to work to pay for his freedom, but must not be over-burhened.


Book 009, Number 3582:

 

This hadith has been narrated on the authority of Sa’id b. Abu ‘Aruba with the same chain of transmitters but with the addition:” If he (one of the joint owners emancipating the slave) has not (enough) money (to secure freedom for the other half) a fair price for the slave should be fixed, and he will be required to work to pay for his freedom, but must not be over-burdened.


Book 009, Number 3583:

 

A hadith like this is reported on the authority of the same chain of transmitters but with a slight change of words.

Chapter 12: THE RIGHT OF INHERITANCE OF PROPERTY VESTS WITH ONE WHO EMANCIPATES THE SLAVE


Book 009, Number 3584:

 

Ibn Umar reported that ‘A’isha decided to buy a slave-girl and then set her free, but her masters said: We are prepared to sell her to you on the condition that her right of inheritance would vest with you. She (Hadrat A’isha) made a mention of that to Allah’s Messenger (may peace be upon him) whereupon he said: This should not stand in your way. The right of inheritance vests in one who emancipates.


Book 009, Number 3585:

 

‘A’isha (Allah be pjeased with her) reported that Barira came to her in order to seek her help in securing freedom, but she had (so far) paid nothing out of that sum stipulated in the contract. ‘A’isba said to her. Go to your family (who owns you), and if they like that I should pay the amount (of the contract) on your behalf (for purchasing your freedom), then I shall have the right in your inheritance. (If they accepted it) I am prepared (to make this payment). Barira made a mention of that to the (members of) her family, but they refused and said: If she (Hadrat ‘A’isha) wants to do good to You for the sake of Allah, she may do it, but the right of inheritance will be ours. She (Hadrat ‘A’isha) made a mention of that to Allah’s Messenger (may peace be upon him), and he said to her: Buy her, and emancipate her, for the right of inheritance vests with one who emancipates (the slave). Allah’s Messenger, may peace be upon him) then stood up and said: What has happened to the people that they lay down conditions which are not (found) in the Book of Allah? And he who laid down a condition not found in the Book of Allah, that is not valid. even if it is laid down hundred times. The condition laid down by Allah is the most weighty and the most valid.


Book 009, Number 3586:

 

‘A’isha, the wife of Allah’s Apostle (may peace be upon him), reported: Barira came to me and said: ‘A’isha, I have entered into contract for securing freedom with my family (who owns me) for nine ‘uqiyas (of silver), one ‘uqiya every year The rest of the hadith is the same (but with this addition):” This (the problem of the right of inheritance) should not stand in your way. Buy her, and set her free. He said in a hadith: Allah’s Messenger (may peace be upon him) stood up among men, extolled Allah, praised Him, and then said:” for……”


Book 009, Number 3587:

 

‘A’isha (Allah be pleased with her) reported: Barira came to me and said: My family (owners) have made contract with me (for granting freedom) for nine ‘uqiyas (of silver) payable in nine years, one ‘uqiya every year. Help me (in making this payment). I said to her: If your family so desires, I am prepared to make them the full payment in one instalment, and thus secure freedom for you, but the right of inheritance will vest in me, if I do so. She (Barira) made a mention of that to her family, but they refused (except) on the condition that the right of inheritance would vest in them. She came to me and made mention of if She (‘A’isha) said: I scolded her. She (Barira) said: By Allah, it is not possible (they will never agree to it). And as she was saying it, Allah’s messenger (may peace be upon him) heard, and he asked me, I informed him and he said: Buy her and emancipate her, and let the right of inherit- ance vest in them, for they cannot claim it (rightfully) since the right of inherritance vests with one who emancipates (the slave; therefore, these people have no right to lay such false claims). And I did so. She (‘A’isha) said: Then Allah’s Messenger (may peace be upon him) delivered a sermon in the evening. He extolled Allah and praised Him with what He deserves, and then said afterwards,: What has happened to the people that they lay down conditions which are not found in the Book of Allah? And the condition which is not found in the Book of Allah is invalid, even if its number is one hundred. The Book of Allah is more true (than any other deed) and the condition laid down by Allah is more binding (than any other condition). What has happened to the people among you that someone among you says:” Emancipate so and so, but the right of inheritance vests in me”? Verily, the right of inheritance vests in one who emancipates.


Book 009, Number 3588:

 

Hisham b. ‘Urwa narrated a hadith like this with the same chain of trans- mitters except (with this change) that in the hadith transmitted on the authority of jartr (the words are): Her (Barira’s) husband was a slave, so Allah’s Messenger (may peace be upon him) gave her the option (either to retain her matrimonial relation with her husband or sever it off). She opted to break off (and secure freedom for her even from the matrimonial alliance). And if he were free he would not have given her the option. In the hadith narrated on the authority (of this chain of transmitters) these words are not found: Amma ba’du.


Book 009, Number 3589:

 

‘Abd al-Rahman b. al. Qasim reported on the authority of his father: ‘A’isha (Allah be pleased with her) said: There were three issues which were clarified in case of Barira: her owners had decided to sell her on the condition that the right of her inheritance would vest with them. She (‘A’isha) said: I made a mention of that to Allah’s Apostle (may peace be upon him) and he said: Buy her and emancipate her, for verily the right of inheritance vests with one who emancipates. She said that she emancipated (her) and Allah’s Messenger (may peace be upon him) gave her the option (either to retain her matrimonial alliance or break it after emancipation). She (taking advantage of the option) opted for herself (the severing of matrimonial alliance). ‘A’isha said: The people used to give her charity and she gave us that as gift. I made a mention of it to Allah’s Apostle (may peace be upon him), whereupon he said: That is charity for her but gift for you, so take that.


Book 009, Number 3590:

 

‘A’isha (Allah’s be pleased with her) reported that she had bought Barira from the people of Ansar, but they laid down the condition that the right of inheritance (would vest in them), whereupon Allah’s Messenger (may peace be upon him) said: The right of inheritance vests with one who shows favour (who emancipates) and Allah’s Messenger (may peacebe upon him) gave her the choice (either to retain) her matrimonial alliance or break it). Her husband was a slave. She (Barira also) gave ‘A’isha some meat as gift. Allah’s Messenger (may peace be upon him) said: I wish you could prepare (cook) for us out of this meat. ‘A’isha said, It has been given as charity to Barira, whereupon he said: That is charity for her and gift for us.


Book 009, Number 3591:

 

‘A’isha (Allah be pleased with her) reported: She wanted to buy Barira with a view to emancipating her. They (the sellers) laid down the condition that the right of inheritance would vest (with them). She (Hadrat ‘A’isha) made a mention of that to Allah’s Messenger (may peace be upon him), whereupon he said: Buy her and emancipate her for the right of inheritance vests with one who emancipates. Allah’s Messenger (may peace be upon him) was given meat as gift. They (his Companions) said to Allah’s Apostle (may peace be upon him): This was given as charity to Barira, whereupon he said: That is charity for her but gift for us. And she was given option (to retain her matrimonial alliance or to break it). Abd al-Rahman said: Her husband was a free man. Shu’ba said: I then asked him (one of the narrators) about Barira’s husband (whether he had been a free mart or a slave), whereupon he said: I do not know.


Book 009, Number 3592:

 

This hadith has been narrated on the authority of Shu’ba with the same chain of transmitters.


Book 009, Number 3593:

 

‘A’isha reported that the husband of Barira was a slave.


Book 009, Number 3594:

 

‘A’isha (Allah be pleased with her). the wife of Allah’s Apostle (may Peace be upon him) said: Three are the Sunan (usages) (that we came to know in case of Bairara). She was given option in regard to her husband when she was emancipated. Sbe was given meat as charity. Allah’s Messenger (way peace be upon him) visited me when an earthen pot with meat in it was placed on the fire. He asked for food and be was given bread with ordinary meat (usually cooked in the) house. Thereupon he (Allah’s Messenger) said: Don’t I see the earthen pot on fire with meat in it? They said: Yes. Allah’s Messenger, there is meat in it which was given as charity to Barira. We did not deem it advisable that we should give you that to eat, whereupon he said: It is charity for her, but it is gift for us. Allah’s Apostle (may peace be upon him) also said: The right of inheritance vests with one who emancipates.


Book 009, Number 3595:

 

Abu Huraira (Allah be pleased with him) reported: ‘A’isha (Allah be pleated with her) thought of buying a slave-girl and emancipating her, but her owners refused to (sell her but on the condition) that the right of inheritance would vest in them. She made a mention of that to Allah’s Messenger (may peace be upon him). whereupon he said: Let this (condition) not stand in your way for the right of inheritance vests with one who emancipates.

Chapter 13: IT IS FORBIDDEN TO SELL AL-WALA’ (THE RIGHT OF INHERITANCE OF A SLAVE) AND ITS CONFERRING ON OTHERS


Book 009, Number 3596:

 

Ibn Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace he upon him) forbade the selling and making a gift of the right of inheritance of a slave. Imam Muslim said: All the persons depend upon Abdullah b. Dinar in regard to this hadith.


Book 009, Number 3597:

 

This hadith has been narrated on the authority of Ibn ‘Umar (Allah be pleased with them) through another chain of transmitters but with this change that in tba hadith narrated by al-Thaqafi from Ubaidullah there is only a mention of selling (or right of inheritance, al-Wala’ ) but not that of making a gift.

Chapter 14: IT IS FORBIDDEN FOR A SLAVE TO TAKE ANYONE AS HIS ALLY EXCEPT ONE WHO EMANCIPATES HIM


Book 009, Number 3598:

 

Jabir b. Abdullah (Allah be pleased with them) reported that Allah’s Apostle (may peace be upon him) made it obligatory for every tribe (the payment) of blood-wit; he then also made it explicit that it is not permissible for a Muslim to make himself the ally (of the slave emancipated by another) Muslim without his permission. He (the narrator further added): I was informed that he (the Holy Prophet) cursed the one who did that (and it was recorded) in his Sahifa (in a document).


Book 009, Number 3599:

 

Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) said: He who takes anyone as his ally without the consent of his previous master, there will be the curse of Allah and that of His angels upon him, and neither, any obligatory act of his nor the supererogatory one will be accepted (by Allah).


Book 009, Number 3600:

 

Abu Huraira (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: He who took the freed slave as his ally without the consent of his previous master, there is upon him the curse of Allah and that of His angels and that of the whole mankind, and there will not be accepted from him his obligatory acts or supercrogatory acts on the Day of Resurrection. This hadith is narrated through the same chain of transmitters, but with a slight change of words.


Book 009, Number 3601:

 

Ibrahim al-Taimi reported on the authority of his father: ‘Ali b. Abu Talib (Allah be pleased with him) addressed us and said: He who thinks that we (the members of the Prophet’s family) read anything else besides the Book of Allah and this Sahifa (and he said that Sahifa was tied to the scabbard of the sword) tells a lie. (This Sahifa) contains (problems) pertaining to the ages of the camels and (the recompense) of the injuries, and it also records the words of the Prophet (may peace be upon him): Medina is a sacred territory from ‘Ayr to Thaur (it is most probably Uhud). He who innovates (an act or practice) or gives protection to an innovator, there is a curse of Allah and that of His angels and that of the whole humanity upon him. Allah will not accdpt from him (as a recompense) any obligatory act or supererogatory act, and the responsibility of the Muslims is a joint responsibility; even the lowest in rank can undertake the responsibility (on behalf of others), and he who claims anyone else as his father besides his own father or makes one his ally other than the one (who freed him), there is a curse of Allah. that of His angels and that of the wholemankind upon him. Allah will not accept the obligatory act of the supererogatery act (as a recompense) from him.

Chapter 15: EXCELENCE OF EMANCIPATING A SLAVE


Book 009, Number 3602:

 

Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: If anyone emancipates a Muslim slave, Allah will set free from Hell an organ of his body for every organ of his (slave’s) body.


Book 009, Number 3603:

 

Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace benpon him) as saying: He who emancipates a slave, Allah will set free from Hell every limb (of his body) for every limb of his (slave’s) body, even his private parts.


Book 009, Number 3604:

 

Abu Huraira (Allah be pleased with him) reported: I heard Allah’s Messenger (may peace be upon him) as saying: He who emancipates a believing slave. Allah will set free from Fire his every limb for every limb of his (slave’s), even his private parts for his.


Book 009, Number 3605:

 

Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: A Muslim who emancipates a Muslim (slave). Allah will save from Fire every limb of his for every limb (of the slave). Sa’id b. Marjana said: When I heard this hadith from Abu Huraira (Allah be pleased with him), I went away and made a mention of it to ‘Ali b. Husain and he at once emancipated the slave for which Ibn ja’far was prepared to pay ten thousand dirhams or one thousand dinars.

Chapter 16: EXCELLENCE OF SECURING THE EMANCIPATION OF FATHER


Book 009, Number 3606:

 

Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: A son does not repay what he owes his father unless he buys him (the father) in case he is a slave and then emancipates him. In the narration transmitted by Ibn Abu Shaiba there is a slight change of words.


Book 009, Number 3607:

 

A hadith like this has been narrated on the authority of Suhail with the same chain of transmitters.


 

[ Index Page ]

Sahih Bukhari : Book 63: Divorce

Translation of Sahih Bukhari, Book 63:

Divorce

Volume 7, Book 63, Number 178:

Narrated ‘Abdullah bin ‘Umar:

that he had divorced his wife while she was menstruating during the lifetime of Allah’s Apostle . ‘Umar bin Al-Khattab asked Allah’s Apostle about that. Allah’s Apostle 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.”


Volume 7, Book 63, Number 179:

Narrated Anas bin Sirin:

Ibn ‘Umar said: “I divorced my wife while she was menstruating. ‘Umar mentioned that to the Prophet . The Prophet 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 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?”


Volume 7, Book 63, Number 180:

Narrated Ibn ‘Umar:

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


Volume 7, Book 63, Number 181:

Narrated Al-Awza:

I asked Az-Zuhri, “Which of the wives of the Prophet sought refuge with Allah from him?” He said “I was told by ‘Ursa that ‘Aisha said, ‘When the daughter of Al-Jaun was brought to Allah’s Apostle (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.”


Volume 7, Book 63, Number 182:

Narrated Abu Usaid:

We went out with the Prophet to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet 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 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 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 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.” Narrated Sahl and Abu Usaid: The Prophet 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 ordered Abu Usaid to prepare her and to provide her with two white linen dresses. (See Hadith No. 541).


Volume 7, Book 63, Number 183:

Narrated Sahl bin Sad:

similarly as above (182).


Volume 7, Book 63, Number 184:

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 and mentioned that to him. The Prophet 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). “


Volume 7, Book 63, Number 185:

Narrated Sahl bin Sad As-Sa’idi:

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 Apostle about that.” ‘Asim asked Allah’s Apostle about that. Allah’s Apostle disliked that question and considered it disgraceful. What ‘Asim heard from Allah’s Apostle was hard on him. When he returned to his family, ‘Uwaimir came to him and said “O ‘Asim! What did Allah’s Apostle say to you?” ‘Asim said, “You never bring me any good. Allah’s Apostle 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 Apostle who was in the midst of the people and said, “O Allah’s Apostle! 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 Apostle 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 Apostle! 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 Apostle ordered him to do so. (Ibn Shihab said, “That was the tradition for all those who are involved in a case of Lian.”


Volume 7, Book 63, Number 186:

Narrated ‘Aisha:

The wife of Rifa’a Al-Qurazi came to Allah’s Apostle and said, “O Allah’s Apostle! Rifa’a divorced me irrevocably. After him I married ‘Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent.” Allah’s Apostle 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.”


Volume 7, Book 63, Number 187:

Narrated ‘Aisha:

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 was asked if she could legally marry the first husband (or not). The Prophet replied, “No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done.”


Volume 7, Book 63, Number 188:

Narrated ‘Aisha:

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


Volume 7, Book 63, Number 189:

Narrated Musruq:

I asked ‘Aisha about the option: She said, “The Prophet 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.”


Volume 7, Book 63, Number 190:

Narrated ‘Aisha:

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 and said, “O Allah’s Apostle! 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 Apostle said, “It is unlawful to marry your first husband till the other husband consummates his marriage with you.”


Volume 7, Book 63, Number 191:

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 Apostle of Allah , you have a good example to follow.”


Volume 7, Book 63, Number 192:

Narrated ‘Ubaid bin ‘Umar:

I heard ‘Aisha saying, “The Prophet 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 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 visited one of them and she said to him similarly. The Prophet 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 ! Why do you ban (for you) that which Allah has made lawful for you . . . If you two (wives of Prophet) turn in repentance to Allah,’ (66.1-4) addressing Aisha and Hafsa. ‘When the Prophet disclosed a matter in confidence to some of his wives.’ (66.3) namely his saying: But I have taken some honey.”


Volume 7, Book 63, Number 193:

Narrated ‘Aisha:

Allah’s Apostle 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 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 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 ) 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 came near Sada, she said to him, “O Allah’s Apostle! 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 again went to Hafsa, she said, ‘O Allah’s Apostle! 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.” ‘


Volume 7, Book 63, Number 194:

Narrated Abu Huraira:

The Prophet 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.:


Volume 7, Book 63, Number 195:

Narrated Jabir:

A man from the tribe of Bani Aslam came to the Prophet while he was in the mosque and said, “I have committed illegal sexual intercourse.” The Prophet turned his face to the other side. The man turned towards the side towards which the Prophet had turned his face, and gave four witnesses against himself. On that the Prophet called him and said, “Are you insane?” (He added), “Are you married?” The man said, ‘Yes.” On that the Prophet 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


Volume 7, Book 63, Number 196:

Narrated Abu Huraira:

A man from Bani Aslam came to Allah’s Apostle while he was in the mosque and called (the Prophet ) saying, “O Allah’s Apostle! I have committed illegal sexual intercourse.” On that the Prophet turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet had turned his face, and said, “O Allah’s Apostle! I have committed illegal sexual intercourse.” The Prophet turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet had turned his face, and repeated his statement. The Prophet 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 called him and said, “Are you insane?” He replied, “No.” The Prophet then said (to his companions), “Go and stone him to death.” The man was a married one. Jabir bin ‘Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla (‘Id praying place) in Medina. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died.


Volume 7, Book 63, Number 197:

Narrated Ibn ‘Abbas:

The wife of Thabit bin Qais came to the Prophet and said, “O Allah’s Apostle! 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 Apostle said (to her), “Will you give back the garden which your husband has given you (as Mahr)?” She said, “Yes.” Then the Prophet said to Thabit, “O Thabit! Accept your garden, and divorce her once.”


Volume 7, Book 63, Number 198:

Narrated ‘Ikrima:

The sister of ‘Abdullah bin Ubai narrated (the above narration, 197) with the addition that the Prophet said to Thabit’s wife, “Will you return his garden?” She said, “Yes,” and returned it, and (then) the Prophet ordered Thabit to divorce her. Narrated Ibn ‘Abbas: The wife of Thabit bin Qais came to Allah’s Apostle and said, “O Allah’s Apostle! 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 Apostle said, “Will you return his garden to him?” She said, “Yes.”


Volume 7, Book 63, Number 199:

Narrated Ibn ‘Abbas:

The wife of Thabit bin Qais bin Shammas came to the Prophet and said, “O Allah’s Apostle! 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 Apostle said (to her), ‘Will you return his garden to him?” She said, “Yes.” So she returned his garden to him and the Prophet told him to divorce her.


Volume 7, Book 63, Number 200:

Narrated ‘Ikrima:

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


Volume 7, Book 63, Number 201:

Narrated Al-Miswar bin Makhrama Az-Zuhri:

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


Volume 7, Book 63, Number 202:

Narrated ‘Aisha:

(the wife of the Prophet) 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 Apostle said, “The wala is for the one who manumits, Once Allah’s Apostle 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 said “That meat is alms for her, but for us it is a present.”


Volume 7, Book 63, Number 203:

Narrated Ibn ‘Abbas:

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


Volume 7, Book 63, Number 204:

Narrated Ibn ‘Abbas:

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 Medina.


Volume 7, Book 63, Number 205:

Narrated Ibn ‘Abbas:

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 Medina.


Volume 7, Book 63, Number 206:

Narrated Ibn ‘Abbas:

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 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 then said to Barira, “Why don’t you return to him?” She said, “O Allah’s Apostle! Do you order me to do so?” He said, “No, I only intercede for him.” She said, “I am not in need of him.”


Volume 7, Book 63, Number 207:

Narrated Al-Aswad:

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


Volume 7, Book 63, Number 208:

Narrated Adam:

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


Volume 7, Book 63, Number 209:

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.”


Volume 7, Book 63, Number 210:

Narrated Ibn ‘Abbas:

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet made a treaty, and neither did the Prophet 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). Narrated Ibn ‘Abbas: 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.


Volume 7, Book 63, Number 211:

Narrated ‘Aisha:

(the wife of the Prophet) When believing women came to the Prophet 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 Apostle would say to them, “Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah’s Apostle never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah’s Apostle 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.”


Volume 7, Book 63, Number 212:

Narrated Anas bin Malik:

Allah’s Apostle 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 Apostle! You took an oath to abstain from your wives for one month.” He said, “The month is of twenty nine days.”


Volume 7, Book 63, Number 213:

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.” 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, ‘Aisha and twelve other companions of the Prophet .”


Volume 7, Book 63, Number 214:

Narrated Yazid:

(the Maula of Munba’ith) The Prophet 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 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.”


Volume 7, Book 63, Number 215:

Narrated Ibn Abbas:

Allah’s Apostle performed the Tawaf (around the Ka’ba 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 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).


Volume 7, Book 63, Number 216:

Narrated Abu Huraira:

Abul Qasim (the Prophet ) 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.)


Volume 7, Book 63, Number 216h:

Narrated Anas bin Malik:

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


Volume 7, Book 63, Number 217:

Narrated Ibn ‘Umar:

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


Volume 7, Book 63, Number 218:

Narrated ‘Abdullah bin Abi A’ufa:

We were with Allah’s Apostle 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 Apostle! Will you wait till it is evening?” Allah’s Apostle again said, “Get down and prepare a drink of Sawiq.” The man said, “O Allah’s Apostle! Will you wait till it is evening, for it is still daytime. ” The Prophet 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 Apostle 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.”


Volume 7, Book 63, Number 219a:

Narrated ‘Abdullah bin Mas’ud:

The Prophet 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.


Volume 7, Book 63, Number 219i:

Narrated Abu Huraira:

Allah’s Apostle 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 pointed with his hand towards his throat.


Volume 7, Book 63, Number 220:

Narrated Anas bin Malik:

Allah’s Apostle said, “Shall I tell you of the best families among the Ansar?” They (the people) said, “Yes, O Allah’s Apostle!” The Prophet 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 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. “


Volume 7, Book 63, Number 221:

Narrated Sahl bin Sad As-Sa’idi:

(a companion of Allah’s Apostle) Allah’s Apostle, 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.


Volume 7, Book 63, Number 222:

Narrated Ibn ‘Umar:

The Prophet (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.


Volume 7, Book 63, Number 223:

Narrated Abu Masud:

The Prophet 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.


Volume 7, Book 63, Number 224:

Narrated Sahl:

Allah’s Apostle 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.


Volume 7, Book 63, Number 225:

Narrated Abu Huraira:

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


Volume 7, Book 63, Number 226:

Narrated ‘Abdullah:

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


Volume 7, Book 63, Number 227:

Narrated Ibn ‘Abbas:

Hilal bin Umaiyya accused his wife of illegal sexual intercourse and came to the Prophet to bear witness (against her), (taking the oath of Lian). The Prophet 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.


Volume 7, Book 63, Number 228:

Narrated Sahl bin Sad As-Sa’idi:

‘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 Apostle about it. Allah’s Apostle, disliked that question and considered it disgraceful. What ‘Asim heard from Allah’s Apostle was hard on him. When ‘Asim returned to his family, ‘Uwaimir came to him and said, “O ‘Asim! What did Allah’s Apostle. say to you?” ‘Asim said to ‘Uwaimir, “You never bring me any good. Allah’s Apostle disliked the problem which I asked him about.” ‘Uwaimir said, “By Allah, I will not give up this matter until I ask the Prophet about it.” So ‘Uwaimir proceeded till he came to Allah’s Apostle in the midst of people, and said, “O Allah’s Apostle! 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 Apostle 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 Apostle. When they had finished their Lian, ‘Uwaimir said, “O Allah’s Apostle! 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 Apostle ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Lian.)


Volume 7, Book 63, Number 229:

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 Apostle and said, ‘O Allah’s Apostle! 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 Quran about the affair of those involved in a case of Lian. The Prophet 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 Apostle! 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 Apostle ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet .” 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 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).


Volume 7, Book 63, Number 230:

Narrated Al-Qasim bin Muhammad:

Ibn ‘Abbas; said, “Once Lian was mentioned before the Prophet 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 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 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 then made them carry out Lian.” Then a man from that gathering asked Ibn ‘Abbas, “Was she the same lady regarding which the Prophet 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. “


Volume 7, Book 63, Number 231:

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 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.’ “)


Volume 7, Book 63, Number 232:

Narrated Said bin Jubair:

I asked Ibn ‘Umar about those who were involved in a case of Lien. He said, “The Prophet 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 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 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)?’ “


Volume 7, Book 63, Number 233:

Narrated Ibn ‘Umar:

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


Volume 7, Book 63, Number 234:

Narrated Ibn ‘Umar:

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


Volume 7, Book 63, Number 235:

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


Volume 7, Book 63, Number 236:

Narrated Ibn ‘Abbas:

Those involved in a case of Lian were mentioned before Allah’s Apostle 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 Apostle 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 Apostle 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 Apostle ordered them to carry out Lien. A man from that gathering said to Ibn ‘Abbas, “Was she the same lady regarding whom Allah’s Apostle 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.”


Volume 7, Book 63, Number 237:

Narrated ‘Aisha:

The Prophet said . . . (as in 240).


Volume 7, Book 63, Number 238:

Narrated ‘Aisha:

Rifa’a Al-Qurazi married a lady and then divorced her whereupon she married another man. She came to the Prophet and said that her new husband did not approach her, and that he was completely impotent. The Prophet 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).”


Volume 7, Book 63, Number 239:

Narrated Um Salama:

(the wife of the Prophet) 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 and he said (to her), “You can marry now.”


Volume 7, Book 63, Number 240:

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 had given her the verdict. She said, “The Prophet, gave me his verdict that after I gave birth, I could marry.”


Volume 7, Book 63, Number 241:

Narrated Al-Miswer bin Makhrama:

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


Volume 7, Book 63, Number 242:

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 ‘Aisha sent a message to Marwan bin Al-Hakam who was the ruler of Medina, 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?” Aisha said, “The case of Fatima bint Qais is not in your favor.’ Marwan bin Al-Hakam said to ‘Aisha, “The reason that made Fatima bint Qais go to her father’s house is just applicable to the daughter of ‘Abdur-Rahman.”


Volume 7, Book 63, Number 243:

Narrated Al-Qasim:

Aisha 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)


Volume 7, Book 63, Number 244:

Narrated Qasim:

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

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


Volume 7, Book 63, Number 245:

Narrated ‘Ursa:

Aisha disapproved of what Fatima used to say.’


Volume 7, Book 63, Number 246:

Narrated ‘Aisha:

When Allah’s Apostle decided to leave Mecca 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.”


Volume 7, Book 63, Number 247:

Narrated Al-Hasan:

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


Volume 7, Book 63, Number 248:

Narrated Al-Hasan:

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 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.


Volume 7, Book 63, Number 249:

Narrated Nafi:

Ibn ‘Umar bin Al-Khattab divorced his wife during her menses. Allah’s Apostle 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 has ordered me so.”


Volume 7, Book 63, Number 250:

Narrated Yunus Ibn Jubair:

Ibn ‘Umar divorced his wife while she was having her menses. ‘Umar asked the Prophet 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)?”


Volume 7, Book 63, Number 251:

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 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 Apostle 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.’ ” 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 Apostle 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.’ ” Zainab further said, “I heard my mother, Um Salama saying that a woman came to Allah’s Apostle and said, “O Allah’s Apostle! The husband of my daughter has died and she is suffering from an eye disease, can she apply kohl to her eye?” Allah’s Apostle replied, “No,” twice or thrice. (Every time she repeated her question) he said, “No.” Then Allah’s Apostle 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.”


Volume 7, Book 63, Number 252:

Narrated Um Salama:

A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah’s Apostle, 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.”

Narrated Um Habiba: The Prophet 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.”


Volume 7, Book 63, Number 253:

Narrated Um ‘Atiyya:

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


Volume 7, Book 63, Number 254:

Narrated Um ‘Atiyya:

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.


Volume 7, Book 63, Number 255:

Narrated Um ‘Atiyya:

The Prophet 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” Um ‘Atiyya added: The Prophet 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).


Volume 7, Book 63, Number 256:

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.


Volume 7, Book 63, Number 257:

Narrated Zainab bint Um Salama:

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 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.”


Volume 7, Book 63, Number 258:

Narrated Abu Mas’ud:

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


Volume 7, Book 63, Number 259:

Narrated Abu Juhaifa:

The Prophet 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.


Volume 7, Book 63, Number 260:

Narrated Abu Huraira:

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


Volume 7, Book 63, Number 261:

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 separated the couple of Bani ‘Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet 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 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.


Volume 7, Book 63, Number 262:

Narrated Ibn ‘Umar:

The Prophet 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 Apostle!” The Prophet

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.”


Family Matters : Marital Discord, its Causes & Cures – Abu Muhammad al-Maghribee [Audio|En]

Part 01: Listen / Download Mp3 Here (Time 01:05:22)
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Part 02: Listen / Download Mp3 Here (Time 01:04:43)
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Part 03: Listen / Download Mp3 Here (Time 01:05:57)
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The Ruling Concerning Divorce in Islaam : Ibn Baaz

[Taken from Fataawaa Islaamiyyah (3/264)]
Shaykh ‘Abdul-‘Azeez Ibn ‘Abdullaah Ibn Baaz (rahimahullaah)

[Q]: What are the valid reasons for divorce, from your point of view your Eminence?

[A]: For divorce there are many reasons: From them (i.e. the many reasons for divorce) is lack of harmony between the husband and the wife such that it does not cause love from either one for the other or from both of them. And from them is bad behaviour of the woman or lack of listening and obedience to the husband in what he commands of the good. And from them is bad behaviour of the husband and his oppressing the woman and lack of fairness/justice for her. And from them is his falling short of fulfilling her rights and her falling short of fulfilling his rights. And from this is the occurrence of wrongdoing from one of them or both of them such that the situation is made worse because of this, so the only route is divorce, and from this is the husband or the wife turning to intoxicants and smoking. And from them is the bad state of affairs between the woman and the husband’s parents or either of them, and the lack of use of wise politics in dealing with each other. And from them is the lack of the woman in caring and showing concern in cleanliness and dressing up and beautifying herself for her husband with perfume and good speech and cheerfulness when she meets her husband and when they have sexual intercourse.

The Tafsir of Surat At-Talaq : Tafsir Ibn Kathir

The Tafsir Ibn Kathir of Surat At-Talaq

(Chapter – 65)

Which was revealed in Al-Madinah

[بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ ]

(In the Name of Allah, the Most Gracious, the Most Merciful.

[يأيُّهَا النَّبِىُّ إِذَا طَلَّقْتُمُ النِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُواْ الْعِدَّةَ وَاتَّقُواْ اللَّهَ رَبَّكُمْ لاَ تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ إِلاَّ أَن يَأْتِينَ بِفَـحِشَةٍ مُّبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً ]

(1. O Prophet! When you divorce women, divorce them at their `Iddah and count their `Iddah. And have Taqwa of Allah, your Lord. And turn them not out of their homes nor shall they leave, except in case they are guilty of Fahishah Mubayyinah. And those are the set limits of Allah. And whosoever transgresses the set limits of Allah, then indeed he has wronged himself. You know not, it may be that Allah will afterward bring some new thing to pass.)

There is a Period during which Divorced Women remain in Their Homes

The Prophet was addressed first in this Ayah, to honor him, even though his Ummah is also being addressed in Allah’s statement,

[يأيُّهَا النَّبِىُّ إِذَا طَلَّقْتُمُ النِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ]

(O Prophet! When you divorce women, divorce them at their `Iddah) Al-Bukhari recorded that `Abdullah bin `Umar divorced his wife, during the lifetime of Allah’s Messenger , while she was menstruating. `Umar bin Al-Khattab mentioned that to Allah’s Messenger . Allah’s Messenger became angry and said,

«لِيُرَاجِعْهَا ثُمَّ يُمْسِكْهَا حَتْى تَطْهُرَ، ثُمَّ تَحِيضَ فَتَطْهُرَ، فَإِنْ بَدَا لَهُ أَنْ يُطَلِّقَهَا، فَلْيُطَلِّقْهَا طَاهِرًا قَبْلَ أَنْ يَمَسَّهَا، فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ بِهَا اللهُ عَزَّ وَجَل»

(Order him to take her back and keep her until she is clean from her menses, and then to wait until she gets her next period and becomes clean again. Then, if he wishes to divorce her, he can divorce her when she is clean from her menses, before he has sexual intercourse with her. This is the `Iddah which Allah the Exalted and Most Honored has fixed.) Al-Bukhari recorded this Hadith in several parts of his Sahih. Muslim collected this Hadith and his narration uses these words,

«فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ اللهُ أَنْ يُطَلَّقَ لَهَا النِّسَاء»

(This is the `Iddah which Allah has fixed for the women being divorced.) In his Sahih, Muslim has recorded a Hadith which is a more appropriate version from a narration of Ibn Jurayj who said that Abu Az-Zubayr informed him that he heard `Abdur-Rahman bin Ayman, the freed slave of `Azzah, questioning `Abdullah bin `Umar. And Abu Az-Zubayr heard the question, “What about a man who divorces his wife while she is still on her menses” `Abdullah answered, “During the time of Allah’s Messenger , `Abdullah bin `Umar divorced his wife who was menstruating in the life time of Allah’s Messenger . So Allah’s Messenger said:

«لِيُرَاجِعْهَا»

(Let him take her back.) so she returned and he said:

«إِذَا طَهُرَتْ فَلْيُطَلِّقْ أَوْ يُمْسِك»

(When she is pure, then either divorce or keep her.) `Abdullah bin `Umar said, “Allah’s Messenger recited this Ayah: (ياأَيُّها النَّبِيُّ إِذا طَلَّقْتُمُ النِّساءَ فَطَلِّقُوهُنَّ فِي قُبُلِ عِدَّتِهِنَّ) (O Prophet! When you divorce women, divorce them at their `Iddah) And `Abdullah (Ibn Mas`ud) commented on Allah’s statement,

[فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ]

(divorce them at their `Iddah) He said, “Purity without intercourse.” Similar was reported from Ibn `Umar, `Ata’, Mujahid, Al-Hasan, Ibn Sirin, Qatadah, Maymun bin Mihran and Muqatil bin Hayyan. It is also reported from `Ikrimah and Ad-Dahhak.`Ali bin Abi Talhah reported from Ibn `Abbas about the Ayah;

[فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ]

(divorce them at their `Iddah), “He does not divorce her while she is on her menses nor while she is pure if he has had intercourse during that (purity). Rather, he leaves her until she has her menses and after the menses ends, then he divorces her once.” And `Ikrimah said about

[فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ]

(divorce them at their `Iddah), “The `Iddah is made up of clean- liness and the menstrual period.” So he divorces her while it is clear that she is pregnant, or he does not due to having sex, or since he does not know if she is pregnant or not. This is why the scholars said that there are two types of divorce, one that conforms to the Sunnah and another innovated. The divorce that conforms to the Sunnah is one where the husband pronounces one divorce to his wife when she is not having her menses and without having had sexual intercourse with her after the menses ended. One could divorce his wife when it is clear that she is pregnant. As for the innovated divorce, it occurs when one divorces his wife when she is having her menses, or after the menses ends, has sexual intercourse with her and then divorces her, even though he does not know if she became pregnant or not. There is a third type of divorce, which is neither a Sunnah nor an innovation where one divorces a young wife who has not begun to have menses, the wife who is beyond the age of having menses, and divorcing one’s wife before the marriage was consummated. Allah said,

[وَأَحْصُواْ الْعِدَّةَ]

(and count their `Iddah.) meaning, count for it and know its beginning and end, so that the `Iddah does not become prolonged for the woman and she cannot get married again,

[وَاتَّقُواْ اللَّهَ رَبَّكُمْ]

(And have Taqwa of Allah, your Lord.) in this matter.

Spending and Housing is up to the Husband during the Revocable `Iddah Period

Allah said,

[لاَ تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ]

(And turn them not out of their homes nor shall they leave,) meaning, during the duration of the `Iddah, she has the right to housing from her husband, as long as the `Iddah period continues. Therefore, the husband does not have the right to force her out of her house, nor is she allowed to leave his house, because she is still tied to the marriage contract. Allah said,

[إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ]

(except in case they are guilty of Fahishah Mubayyinah.) meaning that the divorced wife is not to abandon her husband’s house unless she commits Fahishah Mubayyinah, in which case, she vacates her husband’s house. For example, Fahishah Mubayyinah implies adultery, according to `Abdullah bin Mas`ud, Ibn `Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan, Ibn Sirin, Mujahid, `Ikrimah, Sa`id bin Jubayr, Abu Qilabah, Abu Salih, Ad-Dahhak, Zayd bin Aslam, `Ata’ Al-Khurasani, As-Suddi, Sa`id bin Hilal and others. Fahishah Mubayyinah implies disobeying her husband openly or when she abuses her husband’s family in words and actions, according to Ubay bin Ka`b, Ibn `Abbas, `Ikrimah and others. Allah’s statement,

[وَتِلْكَ حُدُودُ اللَّهِ]

(And those are the set limits of Allah.) means, these are from His legislation and prohibitions,

[وَمَن يَتَعَدَّ حُدُودَ اللَّهِ]

(And whosoever transgresses the set limits of Allah,) meaning, whoever violates these limits, transgresses them and implements anything else besides them,

[فَقَدْ ظَلَمَ نَفْسَهُ]

(then indeed he has wronged himself.) by doing so.

The Wisdom of `Iddah at the Husband’s House

Allah said,

[لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً]

(You know not, it may be that Allah will afterward bring some new thing to pass.) meaning, `We commanded that the divorced wife remains in her husband’s house during the `Iddah period, so that the husband might regret his action and Allah decides that the husband feels in his heart for the marriage to continue.’ This way, returning to his wife will be easier for him. Az-Zuhri said that `Ubaydullah bin `Abdullah said that Fatimah bint Qays said about Allah’s statement,

[لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً]

(You know not, it may be that Allah will afterward bring some new thing to pass.) “Taking her back.” Similar was said by Ash-Sha`bi, `Ata’, Qatadah, Ad-Dahhak, Muqatil bin Hayyan and Ath-Thawri.

The Irrevocably Divorced Woman does not have a Right to Provisions and Accommodations from the Husband

Here the view of the scholars of the Salaf and those who follow them is that housing is not obligatory in the case of the irrevocably divorced woman. They also relied on the Hadith of Fatimah bint Qays Al-Fihriyah when her husband Abu `Amr bin Hafs divorced her the third and final time. He was away from her in Yemen at the time, and he sent her his decision to divorce her. He also sent some barley with his messenger, but she did not like the amount or method of compensation. He said, “By Allah I am not obligated to spend upon you.” So, she went to Allah’s Messenger , who said,

«لَيْسَ لَكِ عَلَيْهِ نَفَقَة»

(There is no obligation on him to spend on you.) Muslim added in his narration,

«وَلَا سُكْنَى»

(nor housing.) And he ordered her to finish her `Iddah period in the house of Umm Sharik. He then said,

«تِلْكَ امْرَأَةٌ يَغْشَاهَا أَصْحَابِي، اعْتَدِّي عِنْدَ ابْنِ أُمِّ مَكْتُومٍ، فَإِنَّهُ رَجُلٌ أَعْمَى تَضَعِينَ ثِيَابَك»

(She is a woman my Companions visit. Spend this period in the house of Ibn Umm Maktum, for he is a blind man; [he cannot see you if] you take off your garments.) Imam Ahmad collected this Hadith using another chain of narration. In his narration, the Messenger of Allah said,

«انْظُرِي يَا بِنْتَ آلِ قَيْسٍ إِنَّمَا النَّفَقَةُ وَالسُّكْنَى لِلْمَرْأَةِ عَلَى زَوْجِهَا، مَا كَانَتْ لَهُ عَلَيْهَا رَجْعَةٌ، فَإِذَا لَمْ يَكُنْ لَهُ عَلَيْهَا رَجْعَةٌ فَلَا نَفَقَةَ وَلَا سُكْنَى،اخْرُجِي فَانْزِلِي عَلَى فُلَانَة»

(Look O daughter of the family of Qays! Spending and housing are required from the husband who can return to his wife. So if he does not have the right to return to her, then she does not have the right to spending and housing. So leave his house and go to so-and-so woman.) He then said,

«إِنَّهُ يُتَحَدَّثُ إِلَيْهَا، انْزِلِي عَلَى ابْنِ أُمِّ مَكْتُومٍ فَإِنَّهُ أَعْمَى لَا يَرَاك»

(They speak to her. Therefore, go to Ibn Umm Maktum, for he is a blind man and cannot see you.) Abu Al-Qasim At-Tabarani recorded that `Amir Ash-Sha`bi went to Fatimah bint Qays, sister of Ad-Dahhak bin Qays, from the tribe of Quraysh. Fatimah was married to Abu `Amr bin Hafs bin Al-Mughirah, from Bani Makhzum. She said, “Abu `Amr bin Hafs sent me his decision to divorce me while he was in an army that had gone to Yemen. I asked his friends to provide me with financial provisions and housing. They said, `He did not send us anything for that, nor did he request it from us.’ I went to Allah’s Messenger and said to him, `O Allah’s Messenger! Abu `Amr bin Hafs divorced me, and I asked his friends to provide me with spending and housing and they said that he did not send them anything for that.’ Allah’s Messenger said,

«إِنَّمَا السُّكْنَى وَالنَّفَقَةُ لِلْمَرْأَةِ إِذَا كَانَ لِزَوْجِهَا عَلَيْهَا رَجْعَةٌ، فَإِذَا كَانَتْ لَا تَحِلُّ لَهُ حَتْى تَنْكِحَ زَوْجًا غَيْرَهُ:فَلَا نَفَقَةَ لَهَا وَلَا سُكْنَى»

(Spending and housing are required from the husband for his divorced wife if he can return to her. If she is not permitted for him anymore, until she marries another husband, then he does not have to provide her with spending and housing.)” An-Nasa’i also recorded this narration.

[فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ وَأَقِيمُواْ الشَّهَـدَةَ لِلَّهِ ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً – وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ إِنَّ اللَّهَ بَـلِغُ أَمْرِهِ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَىْءٍ قَدْراً ]

(2. Then when they are about to attain their term appointed, either take them back in a good manner or part with them in a good manner. And take as witness two just persons from among you. And establish the testimony for Allah. That will be an admonition given to him who believes in Allah and the Last Day. And whosoever has Taqwa of Allah, He will make a way for him to get out.) (3. And He will provide him from where he never could imagine. And whosoever puts his trust in Allah, then He will suffice him. Verily, Allah will accomplish his purpose. Indeed Allah has set a measure for all things.)

Ordaining Kindness towards Divorced Women

Allah the Exalted says that when the woman who is in her `Iddah nears the end of the `Iddah term, the husband must decide to reconcile with her, thus keeping their marriage together,

[بِمَعْرُوفٍ]

(in a good manner) while being kind to her in their companionship. Otherwise, he must decide to divorce her on good terms, without abusing, cursing, or admonishing her. To the contrary, he should divorce her on good terms, observing kindness and good manners.

The Command to have Witnesses for the Return

Allah said,

[وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ]

(And take as witness two just persons from among you.) meaning when taking her back, if this is your decision. Abu Dawud and Ibn Majah recorded that `Imran bin Husayn was asked about a man who divorced his wife and then had sexual intercourse with her, without notifying witnesses of when he divorced her and when he took her back. `Imran said, “His divorce and taking her back was in contradiction to the Sunnah. Incorporate the presence of witnesses for divorcing her and taking her back, and do not repeat your conduct.” Ibn Jurayj said that `Ata’ commented on the Ayah,

[وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ]

(And take as witness two just persons from among you.) “It is not permissible to marry, divorce or take back the divorced wife except with two just witnesses, just as Allah the Exalted has said, except when there is a valid excuse.” Allah’s statement,

[ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ]

(That will be an admonition given to him who believes in Allah and the Last Day.) means, `this, Our command to you to have witnesses in such cases and to establish the witness, is implemented by those who believe in Allah and the Last Day.’ This legislation is meant to benefit those who fear Allah’s punishment in the Hereafter.

Allah provides, suffices, and makes a Way out of Every Hardship for Those Who have Taqwa

Allah said,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاًوَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ]

(And whosoever has Taqwa of Allah, He will make a way for him to get out. And He will provide him from where he never could imagine.) meaning, whoever has Taqwa of Allah in what He has commanded and avoids what He has forbidden, then Allah will make a way out for him from every difficulty and will provide for him from resources he never anticipated or thought about. Ibn Abi Hatim recorded that `Abdullah bin Mas`ud said, “The most comprehensive Ayah in the Qur’an is,

[إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالإْحْسَانِ]

(Verily, Allah enjoins Al-`Adl (justice) and Al-Ihsan (doing good) (16:90). The greatest Ayah in the Qur’an that contains relief is,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً]

(And whosoever has Taqwa of Allah, He will make a way for him to get out.)” `Ikrimah also commented on the Ayah, “Whoever divorces as Allah commanded him, then Allah will make a way out for him.” Similar was reported from Ibn `Abbas and Ad-Dahhak.`Abdullah bin Mas`ud and Masruq commented on the Ayah,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً]

(And whosoever has Taqwa of Allah, He will make a way for him to get out.) “It pertains to when one knows that if Allah wills He gives, and if He wills He deprives,

[مِنْ حَيْثُ لاَ يَحْتَسِبُ]

(from where he never could imagine.) from resources he did not anticipate” Qatadah said,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً]

(And whosoever has Taqwa of Allah, He will make a way for him to get out.) “meaning, from every doubt and the horrors experienced at the time of death,

[وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ]

(And He will provide him from where he never could imagine) from where he never thought of or anticipated.” Allah said,

[وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ]

(And whosoever puts his trust in Allah, then He will suffice him.) Imam Ahmad recorded that Ibn `Abbas said that he rode the Prophet’s camel while sitting behind the Prophet , and the Messenger of Allah said to him,

«يَا غُلَامُ إِنِّي مُعَلِّمُكَ كَلِمَاتٍ: احْفَظِ اللهَ يَحْفَظْكَ، احْفَظِ اللهَ تَجِدْهُ تُجَاهَكَ، وَإِذَا سَأَلْتَ فَاسْأَلِ اللهَ، وَإِذَا اسْتَعَنْتَ فَاسْتَعِنْ بِاللهِ، وَاعْلَمْ أَنَّ الْأُمَّةَ لَوِ اجْتَمَعُوا عَلَى أَنْ يَنْفَعُوكَ لَمْ يَنْفَعُوكَ إِلَّا بِشَيْءٍ قَدْ كَتَبَهُ اللهُ لَكَ، وَلَوِ اجْتَمَعُوا عَلَى أَنْ يَضُرُّوكَ لَمْ يَضُرُّوكَ إِلَّا بِشَيْءٍ قَدْ كَتَبَهُ اللهُ عَلَيْكَ، رُفِعَتِ الْأَقْلَامُ وَجَفَّتِ الصُّحُف»

(O boy! I will teach you words [so learn them]. Be mindful of Allah and He will protect you, be mindful of Allah and He will be on your side. If you ask, ask Allah, and if you seek help, seek it from Allah. Know that if the Ummah gather their strength to bring you benefit, they will never bring you benefit, except that which Allah has decreed for you. Know that if they gather their strength to harm you, they will never harm you, except with that which Allah has decreed against you. The pens have been raised and the pages are dry.) At-Tirmidhi collected this Hadith and said: “Hasan Sahih.” Allah’s statement,

[إِنَّ اللَّهَ بَـلِغُ أَمْرِهِ]

(Verily, Allah will accomplish his purpose.) meaning, Allah will execute His decisions and judgement that He made for him, in whatever way He wills and chooses,

[قَدْ جَعَلَ اللَّهُ لِكُلِّ شَىْءٍ قَدْراً]

(Indeed Allah has set a measure for all things.) This is like His saying:

[وَكُلُّ شَىْءٍ عِندَهُ بِمِقْدَارٍ]

(Everything with Him is in (due) proportion.) (13:8)

[وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً – ذَلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَـتِهِ وَيُعْظِمْ لَهُ أَجْراً ]

(4. Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden; and whosoever has Taqwa of Allah, He will make his matter easy for him.) (5. That is the command of Allah, which He has sent down to you; and whosoever has Taqwa of Allah, He will expiate from him his sins, and will increase his reward.)

The `Iddah of Those in Menopause and Those Who do not have Menses

Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying;

[وَاللَّـتِي لَمْ يَحِضْنَ]

(and for those who have no courses…) as for His saying;

[إِنِ ارْتَبْتُمْ]

(if you have doubt…) There are two opinions: First, is the saying of a group of the Salaf, like Mujahid, Az-Zuhri and Ibn Zayd. That is, if they see blood and there is doubt if it was menstrual blood or not. The second, is that if you do not know the ruling in this case, then know that their `Iddah is three months. This has been reported from Sa`id bin Jubayr and it is the view preferred by Ibn Jarir. And this is the more obvious meaning. Supporting this view is what is reported from Ubay bin Ka`b that he said, “O Allah’s Messenger! Some women were not mentioned in the Qur’an, the young, the old and the pregnant.” Allah the Exalted and Most Honored sent down this Ayah,

[وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ]

(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden.) Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, “O Allah’s Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur’an. There are the young, the old whose menstruation is discontinued, and the pregnant.’ Later on, this Ayah was revealed,

[وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ]

(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses.)”

`Iddah of Pregnant Women

Allah’s statement,

[وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ]

(And for those who are pregnant, their `Iddah is until they lay down their burden;) Allah says: the pregnant woman’s `Iddah ends when she gives birth, whether in the case of divorce or death of the husband, according to the agreement of the majority of scholars of the Salaf and later generations. This is based upon this honorable Ayah and what is mentioned in the Prophetic Sunnah. Al-Bukhari recorded that Abu Salamah said, “A man came to Ibn `Abbas while Abu Hurayrah was sitting with him and said, `Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband.’ Ibn `Abbas said,` [Her `Iddah period lasts until] the end of the longest among the two prescribed periods.’ I recited,

[وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ]

(For those who are pregnant, their prescribed period is until they deliver their burdens;) Abu Hurayrah said, `I agree with my cousin (Abu Salamah).’ Then Ibn `Abbas sent his slave Kurayb to Umm Salamah to ask her. She replied, `The husband of Subay`ah Al-Aslamiyyah was killed while she was pregnant, and she delivered a baby forty days after his death. Then she received a marriage proposal and Allah’s Messenger married her to somebody. Abu As-Sanabil was one of those who proposed to her.” Al-Bukhari collected this short form of the Hadith, which Muslim and other scholars of Hadith collected using its longer form. Imam Ahmad recorded that Al-Miswar bin Makhramah said, “Subay`ah Al-Aslamiyyah gave birth to a child a few days after the death of her husband. When she finished the postdelivery term, she was proposed to. So she sought the permission of Allah’s Messenger for the marriage, and he permitted her to marry, so she got married.” Al-Bukhari collected this narration, as did Muslim, Abu Dawud, An-Nasa’i and Ibn Majah with a different chain of narration from the Hadith of Subay`ah. Muslim bin Al-Hajjaj recorded that `Ubaydullah bin `Abdullah bin `Utbah said that his father wrote to `Umar bin `Abdullah bin Al-Arqam Az-Zuhri, requesting that he go to Subay`ah bint Al-Harith Al-Aslamiyyah to ask her about the matter in question, and about what Allah’s Messenger said to her when she sought his verdict. `Umar bin `Abdullah wrote to `Ubaydullah bin `Abdullah bin `Utbah informing him that Subay`ah told him that she had been married to Sa`d bin Khawlah, and he was one of those who participated in the battle of Badr. He died during the Farewell Pilgrimage, while she was pregnant. Soon after his death, she gave birth. When she passed the postnatal term, she beautified herself for those who might propose to her. Abu As-Sanabil bin Ba`kak came to her and said, `Why do I see you have beautified yourself Do you wish to remarry By Allah, you cannot marry unless four months and ten days have passed.” Subay`ah said, “When he said that, I dressed myself in the evening and went to Allah’s Messenger and asked him about his verdict. He gave me a religious verdict that I was allowed to marry after I had given birth to my child, saying I could marry if I wish.” This is the narration that Muslim collected. Al-Bukhari collected this Hadith in a shorter form. Allah’s statement,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً]

(and whosoever has Taqwa of Allah, He will make his matter easy for him.) means, Allah will make his matters lenient for him and will soon bring forth relief and a quick way out,

[ذَلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ]

(That is the command of Allah, which He has sent down to you;) meaning, this is His commandment and legislation that He sent down to you through His Messenger ,

[وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَـتِهِ وَيُعْظِمْ لَهُ أَجْراً]

(and whosoever has Taqwa of Allah, He will expiate from him his sins, and will increase his reward.) means, Allah will prevent what he fears and multiply his reward even for the little good he does.

[أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ وَلاَ تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيْهِنَّ وَإِن كُنَّ أُوْلَـتِ حَمْلٍ فَأَنفِقُواْ عَلَيْهِنَّ حَتَّى يَضَعْنَ حَمْلَهُنَّ فَإِنْ أَرْضَعْنَ لَكُمْ فَـَاتُوهُنَّ أُجُورَهُنَّ وَأْتَمِرُواْ بَيْنَكُمْ بِمَعْرُوفٍ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى – لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّآ ءَاتَاهُ اللَّهُ لاَ يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ مَآ ءَاتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْراً ]

(6. Lodge them where you dwell, according to what you have, and do not harm them so as to suppress them. And if they are pregnant, then spend on them till they lay down their burden. Then if they suckle the children for you, give them their due payment, and let each of you deal with each other in a mannerly way. But if you make difficulties for one another, then some other woman may suckle for him.) (7. Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. Allah will grant after hardship, ease.)

The Divorced Woman has the Right to Decent Accommodations, and what is Reasonable

Allah the Exalted orders His faithful servants that when one of them divorces his wife, he should provide housing for her until the end of her `Iddah period,

[أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم]

(Lodge them where you dwell,) means, with you,

[مِّن وُجْدِكُمْ]

(according to what you have,) Ibn `Abbas, Mujahid and several others said, it refers to “Your ability.” Qatadah said, “If you can only afford to accommodate her in a corner of your house, then do so.”

Forbidding Ill-Treatment of Divorced Women

Allah’s statement,

[وَلاَ تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيْهِنَّ]

(and do not harm them in order to suppress them.) Muqatil bin Hayyan said, “meaning, do not annoy her to force her to pay her way out nor expel her from your house.” Ath-Thawri said from Mansur, from Abu Ad-Duha:

[وَلاَ تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيْهِنَّ]

(and do not harm them in order to suppress them) “He divorces her, and when a few days remain, he takes her back.”

The Irrevocable Divorced Pregnant Woman has the Right of Support (Maintenance) from Her Husband until She gives Birth

Allah said,

[وَإِن كُنَّ أُوْلَـتِ حَمْلٍ فَأَنفِقُواْ عَلَيْهِنَّ حَتَّى يَضَعْنَ حَمْلَهُنَّ]

(And if they are pregnant, then spend on them till they lay down their burden.) This is about the woman who is irrevocably divorced. If she is pregnant, then she is to be spent on her until she lays down her burden. This is supported due to the fact that if she is revocably divorced, the she has then right to receive her support (maintenance) whether she is pregnant or not.

The Divorced Mother may take Compensation for suckling Her Child

Allah said,

[فَإِنْ أَرْضَعْنَ لَكُمْ]

(Then if they suckle them for you,) meaning, when pregnant women give birth and they are irrevocably divorced by the expiration of the `Iddah, then at that time they may either suckle the child or not. But that is only after she nourishes him with the milk, that is the early on milk which the infant’s well-being depends upon. Then, if she suckles, she has the right to compensation for it. She is allowed to enter into a contract with the father or his representative in return for whatever payment they agree to. This is why Allah the Exalted said,

[فَإِنْ أَرْضَعْنَ لَكُمْ فَـَاتُوهُنَّ أُجُورَهُنَّ]

(Then if they suckle the children for you, give them their due payment,) Allah said,

[وَأْتَمِرُواْ بَيْنَكُمْ بِمَعْرُوفٍ]

(and let each of you deal with each other in a mannerly way.) meaning, the affairs of the divorced couple should be managed in a just way without causing harm to either one of them, just as Allah the Exalted said in Surat Al-Baqarah,

[لاَ تُضَآرَّ وَلِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ]

(No mother shall be treated unfairly on account of her child, nor father on account of child.) (2:233) Allah said,

[وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى]

(But if you make difficulties for one another, then some other woman may suckle for him.) meaning, if the divorced couple disagrees, because the woman asks for an unreasonable fee for suckling their child, and the father refuses to pay the amount or offers an unreasonable amount, he may find another woman to suckle his child. If the mother agrees to accept the amount that was to be paid to the woman who agreed to suckle the child, then she has more right to suckle her own child. Allah’s statement,

[لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ]

(Let the rich man spend according to his means;) means, the wealthy father or his representative should spend on the child according to his means,

[وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّآ ءَاتَاهُ اللَّهُ لاَ يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ مَآ ءَاتَاهَا]

(and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him.) This is as Allah said,

[لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلاَّ وُسْعَهَا]

(Allah does not burden a person beyond what He can bear.) [2:286]

A Story of a Woman who had Taqwa

Allah’s statement;

[سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْراً]

(Allah will grant after hardship, ease.) This is a sure promise from Him, and indeed, Allah’s promises are true and He never breaks them, This is an Allah’s saying;

[فَإِنَّ مَعَ الْعُسْرِ يُسْراً – إِنَّ مَعَ الْعُسْرِ يُسْراً ]

(Verily, along with every hardship is relief. Verily, along with every hardship is relief.) [94:5-6] There is a relevant Hadith that we should mention here. Imam Ahmad recorded that Abu Hurayrah said, “A man and his wife from an earlier generation were poor. Once when the man came back from a journey, he went to his wife saying to her, while feeling hunger and fatigued, `Do you have anything to eat’ She said, `Yes, receive the good news of Allah’s provisions.’ He again said to her, `If you have anything to eat, bring it to me.’ She said, `Wait a little longer.’ She was awaiting Allah’s mercy. When the matter was prolonged, he said to her, `Get up and bring me whatever you have to eat, because I am real hungry and fatigued.’ She said, `I will. Soon I will open the oven’s cover, so do not be hasty.’ When he was busy and refrained from insisting for a while, she said to herself, `I should look in my oven.’ So she got up and looked in her oven and found it full of the meat of a lamb, and her mortar and pestle was full of seed grains; it was crushing the seeds on its own. So, she took out what was in the mortar and pestle, after shaking it to remove everything from inside, and also took the meat out that she found in the oven.” Abu Hurayrah added, “By He in Whose Hand is the life of Abu Al-Qasim (Prophet Muhammad )! This is the same statement that Muhammad said,

«لَوْ أَخَذَتْ مَا فِي رَحْيَيْهَا وَلَمْ تَنْفُضْهَا (لَطَحَنَتْهَا) إِلى يَوْمِ الْقِيَامَة»

(Had she taken out what was in her mortar and not emptied it fully by shaking it, it would have continued crushing the seeds until the Day of Resurrection.)”

[وَكَأِيِّن مِّن قَرْيَةٍ عَتَتْ عَنْ أَمْرِ رَبِّهَا وَرُسُلِهِ فَحَاسَبْنَـهَا حِسَاباً شَدِيداً وَعَذَّبْنَـهَا عَذَاباً نُّكْراً – فَذَاقَتْ وَبَالَ أَمْرِهَا وَكَانَ عَـقِبَةُ أَمْرِهَا خُسْراً – أَعَدَّ اللَّهُ لَهُمْ عَذَاباً شَدِيداً فَاتَّقُواْ اللَّهَ يأُوْلِى الأَلْبَـبِ الَّذِينَ ءَامَنُواْ قَدْ أَنزَلَ اللَّهُ إِلَيْكُمْ ذِكْراً – رَّسُولاً يَتْلُو عَلَيْكُمْ ءَايَـتِ اللَّهِ مُبَيِّنَـتٍ لِّيُخْرِجَ الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ مِنَ الظُّلُمَـتِ إِلَى النُّورِ وَمَن يُؤْمِن بِاللَّهِ وَيَعْمَلْ صَـلِحاً يُدْخِلْهُ جَنَّـتٍ تَجْرِى مِن تَحْتِهَا الاٌّنْهَـرُ خَـلِدِينَ فِيهَآ أَبَداً قَدْ أَحْسَنَ اللَّهُ لَهُ رِزْقاً ]

(8. And many a town revolted against the command of its Lord and His Messengers; and We called it to a severe account, and We shall punish it with a horrible torment.) (9. So it tasted the evil result of its affair, and the consequence of its affair was loss.) (10. Allah has prepared for them a severe torment. So have Taqwa of Allah, O men of understanding, those who believe! Allah has indeed sent down to you a Reminder.) (11. A Messenger, who recites to you the Ayat of Allah containing clear explanations, that He may take out those who believe and do righteous good deeds, from the darkness to the light. And whosoever believes in Allah and performs righteous deeds, He will admit him into Gardens under which rivers flow, to dwell therein forever. Allah has indeed granted for him an excellent provision.)

Punishment for defying Allah’s Commandments

Allah the Exalted threatens those who defy His commands, deny His Messengers and contradict His legislation, by informing them of the end that earlier nations met who did the same,

[وَكَأِيِّن مِّن قَرْيَةٍ عَتَتْ عَنْ أَمْرِ رَبِّهَا وَرُسُلِهِ]

(And many a town revolted against the command of its Lord and His Messengers;) meaning, they rebelled, rejected and arrogantly refused to obey Allah and they would not follow His Messengers,

[فَحَاسَبْنَـهَا حِسَاباً شَدِيداً وَعَذَّبْنَـهَا عَذَاباً نُّكْراً]

(and We called it to a severe account, and We shall punish it with a horrible torment.) meaning, horrendous and terrifying,

[فَذَاقَتْ وَبَالَ أَمْرِهَا]

(So it tasted the evil result of its affair,) meaning, they tasted the evil consequences of defiance and they regretted their actions when regret does not avail,

[وَكَانَ عَـقِبَةُ أَمْرِهَا خُسْراًأَعَدَّ اللَّهُ لَهُمْ عَذَاباً شَدِيداً]

(and the consequence of its affair was loss. And Allah has prepared for them a severe torment.) means, in the Hereafter, added to the torment that was sent down on them in this life. Allah the Exalted said, after mentioning what happened to the disbelieving nations,

[فَاتَّقُواْ اللَّهَ يأُوْلِى الأَلْبَـبِ]

(So have Taqwa of Allah, O men of understanding,) meaning, `O you who have sound understanding, do not be like them because if you do, you will suffer what they suffered, O people of comprehension,’

[الَّذِينَ ءَامَنُواْ]

(who believe) meaning, in Allah and His Messengers,

[قَدْ أَنزَلَ اللَّهُ إِلَيْكُمْ ذِكْراً]

(Allah has indeed sent down to you a Reminder.) meaning, this Qur’an. Allah also said,

[إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَـفِظُونَ ]

(Verily, We, it is We Who have sent down the Dhikr and surely, We will preserve it.) (15:9)

The Qualities of the Messenger

Allah’s statement,

[رَّسُولاً يَتْلُو عَلَيْكُمْ ءَايَـتِ اللَّهِ مُبَيِّنَـتٍ]

(A Messenger, who recites to you the Ayat of Allah containing clear explanations,) Some said that the Messenger is the subject of what is being sent [as a reminder] because the Messenger is the one that conveys the Dhikr. Ibn Jarir said that what is correct is that the Messenger explains the Dhikr. This is why Allah the Exalted said here,

[رَّسُولاً يَتْلُو عَلَيْكُمْ ءَايَـتِ اللَّهِ مُبَيِّنَـتٍ]

(A Messenger, who recites to you the Ayat of Allah containing clear explanations,) meaning, plain and apparent. The statement of Allah;

[لِّيُخْرِجَ الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ مِنَ الظُّلُمَـتِ إِلَى النُّورِ]

(that He may take out those who believe and do righteous good deeds, from the darkness to the light.) Allah’s is like saying;

[كِتَابٌ أَنزَلْنَـهُ إِلَيْكَ لِتُخْرِجَ النَّاسَ مِنَ الظُّلُمَـتِ إِلَى النُّورِ]

(A Book which We have revealed unto you in order that you might lead mankind out of darkness) (14:1), and,

[اللَّهُ وَلِيُّ الَّذِينَ ءامَنُواْ يُخْرِجُهُم مِّنَ الظُّلُمَـتِ إِلَى النُّورِ]

(Allah is the Guardian of those who believe. He brings them out from darkness into light.) (2:257) meaning, out of the darkness of disbelief and ignorance into the light of faith and knowledge. Allah the Exalted called the revelation that He has sent down, light, on account of the guidance that it brings. Allah also called it Ruh, in that, it brings life to the hearts,

[وَكَذَلِكَ أَوْحَيْنَآ إِلَيْكَ رُوحاً مِّنْ أَمْرِنَا مَا كُنتَ تَدْرِى مَا الْكِتَـبُ وَلاَ الإِيمَـنُ وَلَـكِن جَعَلْنَـهُ نُوراً نَّهْدِى بِهِ مَن نَّشَآءُ مِنْ عِبَادِنَا وَإِنَّكَ لَتَهْدِى إِلَى صِرَطٍ مُّسْتَقِيمٍ ]

(And thus We have sent to you Ruh of our command. You knew not what is the book, nor what is faith But We have made it a light wherewith we guide whosoever of Our servants We will. And verily, you are indeed guiding to the straight path.) (42:52) Allah’s statement,

[وَمَن يُؤْمِن بِاللَّهِ وَيَعْمَلْ صَـلِحاً يُدْخِلْهُ جَنَّـتٍ تَجْرِى مِن تَحْتِهَا الاٌّنْهَـرُ خَـلِدِينَ فِيهَآ أَبَداً قَدْ أَحْسَنَ اللَّهُ لَهُ رِزْقاً]

(And whosoever believes in Allah and performs righteous good deeds, He will admit him into Gardens under which rivers flow, to dwell therein forever. Allah has indeed granted for him an excellent provision.) was explained several times before, and therefore, we do not need to repeat its explanation here. All the thanks and praises are due to Allah.

[اللَّهُ الَّذِى خَلَقَ سَبْعَ سَمَـوَتٍ وَمِنَ الاٌّرْضِ مِثْلَهُنَّ يَتَنَزَّلُ الاٌّمْرُ بَيْنَهُنَّ لِّتَعْلَمُواْ أَنَّ اللَّهَ عَلَى كُلِّ شَىْءٍ قَدِيرٌ وَأَنَّ اللَّهَ قَدْ أَحَاطَ بِكُلِّ شَىْءٍ عِلْمَا ]

(12. It is Allah Who has created seven heavens and of the earth the like thereof. His command descends between them, that you may know that Allah has power over all things, and that Allah surrounds all things with (His) knowledge.)

Allah’s Perfect Power

Allah the Exalted asserts His perfect power and infinite greatness, so that the great religion that He has legislated is honored and implemented,

[اللَّهُ الَّذِى خَلَقَ سَبْعَ سَمَـوَتٍ]

(It is Allah Who has created seven heavens) Allah said in similar Ayat, like what Prophet Nuh said to his people,

[أَلَمْ تَرَوْاْ كَيْفَ خَلَقَ اللَّهُ سَبْعَ سَمَـوَتٍ طِبَاقاً ]

(See you not how Allah has created the seven heavens one above another) (71:15), and,

[تُسَبِّحُ لَهُ السَّمَـوَتُ السَّبْعُ وَالاٌّرْضُ وَمَن فِيهِنَّ]

(The seven heavens and the earth and all that is therein, glorify him.) (17:44) Allah’s statement,

[وَمِنَ الاٌّرْضِ مِثْلَهُنَّ]

(and of the earth the like thereof.) means, He created seven earths. In the Two Sahihs, there is a Hadith that states,

«مَنْ ظَلَمَ قِيدَ شِبْرٍ مِنَ الْأَرْضِ طُوِّقَهُ مِنْ سَبْعِ أَرَضِين»

(Whoever usurps the land of somebody unjustly, even if it was a mere hand span, then his neck will be encircled with it down to the seven earths.) And in Sahih Al-Bukhari the wording is:

«خُسِفَ بِهِ إِلَى سَبْعِ أَرَضِين»

(…he will sink down to the seven earths.) In the beginning of my book, Al-Bidayah wan-Nihayah, I mentioned the various narrations for this Hadith when I narrated the story of the creation of the earth. All the thanks and praise is due to Allah. Those who explained this Hadith to mean the seven continents have brought an implausible explanation that contradicts the letter of the Qur’an and the Hadith without having proof. This is the end of the Tafsir of Surat At-Talaq, all the thanks and praise is due to Allah.

The Regulations of Khul‘: Dissolution of Marriage : Shaykh Fawzan

Author:Shaykh Saalih bin Fawzan bin ‘Abdullah al-Fawzan
Source:His Book Al-Mulakhas al-Fiqhee: vol. 2, pg. 381-385
Produced by:al-manhaj.com

Al-Khul‘ is the separation of a husband from his wife, while receiving a return (of monetary gain from her) and using specific statements (to bring about the dissolution of the marriage).

Al-Khul‘ (literally removal or shedding off) was termed with this (descriptive named) because the woman in essence seeks to remove herself from her husband as she would remove or shed off a garment since spouses are the garments of one another.

Allaah, the Most High says (what means): “It is made lawful for you to have sexual relations with your wives on the night of fasting. They are a Lîbaas (i.e. body cover) for you and you are a Libaas for them.” [Surah Al-Baqarah: 187]

It is commonly held that marriage is what binds the spouses together and cultivates a relationship built upon Ma‘roof (righteousness in all of its forms). Stemming from this relationship a family takes form and a new generation is produced.

Allaah the Most High says: “And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect.” [Surah Ar-Room: 21]

When this (relationship) is not attained in the marriage – affection and repose is not achieved for one or both of the spouses’ and the situation is foreboding with little chance of reconcilement then the husband is ordered to release her in kindness.

Allaah the Most High says: “…either you retain her on reasonable terms or release her with kindness.” [Surah Al-Baqarah: 229]

“But if they separate (by divorce), Allaah will provide abundance for every one of them from His Bounty. And Allaah is Ever All­ Sufficient for His creatures’ need, All­ Wise.” [Surah An-Nisaa: 130]

But if the husband finds repose and comfort, but the wife does not find the same in him as a result of her disliking his traits, physical appearance, deficiency of religion or she fears that she would displease Allaah by not fulfilling his (husband’s) rights and needs; then in this case she may request a separation and dissolution from him while extending to him an offer of monetary gain so as to liberate herself from him.

Allaah the Most High says: “…except when both parties fear that they would be unable to keep the limits ordained by Allaah (i.e. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her (to achieve Al-Khul’).” [Surah Al-Baqarah: 229]

This means:

That if the husband or the wife know that they will not fulfill the ordainments of Allaah towards each other if they remain in union, leading to the transgression of the husband on the woman, causing her to disobey him (refuse his cohabitation), then there should be no harm in the woman liberating herself from him by appeasing him financially (to gain discharge). There is also no harm in the husband accepting the remuneration and then letting her go.

The Ruling of al-Khul‘:

The woman can free herself from her husband completely in a just process that is beneficial to both parities. The husband is to cooperate with her in this regard. If he loves her then it is preferred for her to remain with him and have Sabr and not seek to separate.

Khul‘ is Mubaah (permitted) when the proper reasons – alluded to in the previous verses are found. These reasons include both parties fearing that if they remain in union that they will not fulfill the ordainments of Allaah towards each other. (On the other hand) it is Makrooh (disliked) and in the opinion of some scholars it is Haraam (prohibited) to seek Khul‘ without due cause. To this effect, Allaah’s Messenger (Sallallaahu ‘alaihi wa Sallam) said:

“Any woman who asks her husband for a divorce (khul‘) without due cause, then the scent of Paradise is Haraam for her (i.e. she will not smell it).”

[Reported by the five except an-Nasaa’ee] [1]

Shaikh Taqee-ud-Deen (Ibn Taimiyyah) said: “The Khul‘ which is in accordance to the Sunnah is that the woman has an abhorrence to the man (her spouse). She ransoms herself from him in the same way a captive is ransomed.” [2]

If the husband hates her but retains her hoping that she will seek to ransom herself (in so doing producing a profit for himself) then he is Dhaalim (Oppressive and tyrannical). Any monetary gain he receives is thus Haraam and the Khul‘ is invalid (i.e. he is to divorce her and not do Khul‘). Allaah, the Most High says:

“O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the Mahr you have given them…” [Surah An-Nisaa: 19]

This means that no harm should be inflicted while living together so as to compel her to give back the dowry or not ask for a marital right that she is due by her husband unless it is a censure from the husband to a woman who has fornicated and he seeks to take back what he had graced her with. This instance is sanctioned by Allaah. Allaah says:

“O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse.” [Surah An-Nisaa: 19]

Ibn ‘Abbaas (raa) said explaining this verse:

“This verse pertains to a man who has a woman whom he hates to be in companionship with but he owes her payment of her dowry. So he harms her so that she will relinquish seeking the dowry from him so as to free herself from him. Allaah has prohibited this action when He said: ‘…unless they commit open illegal sexual intercourse.’ Zinaa (adultery) is what is implied. In this instance the husband can take back what he had given her as dowry. He is to compel her to relinquish all the dowry he gave to her and then grant her the Khul‘.”

The Evidence for the Permissibility of al-Khul‘:

The evidence for the permissibility of al-Khul’, when there is a valid cause for it, can be found in the Qur’aan and Sunnah and the Ijmaa‘ (consensus of the scholars):

As for the Qur’aan, we find evidence in the previously mentioned verse wherein Allaah says:
“…except when both parties fear that they would be unable to keep the limits ordained by Allaah (i.e. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her (to achieve Khul’).” [Surah Al-Baqarah: 229]

As for the Sunnah, then we find in the authentic narrations:
Narrated Ibn ‘Abbas (raa): The wife of Thaabit bin Qais came to the Prophet and said, “O Allaah’s Apostle! I do not blame Thaabit 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 Allaah’s Apostle said (to her): “Will you give back the garden which your husband has given you (as Mahr)?” She said, “Yes.” Then the Prophet said to Thaabit, “O Thaabit! Accept your garden, and divorce her once.” [Al-Bukharee] [3]

As for Ijmaa’, then we note that Ibn ‘Abdul-Barr (rahimahullaah) stated: “We do not know of anyone who disagreed (on the validity of Khul‘) except al-Muznee – he is the only one who has stated that the verse [Al-Baqarah: 229] was abrogated by: ‘But if you intend to replace a wife by another and you have given one of them a Qintar (of gold i.e. a great amount) as Mahr, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin?’ [Surah An-Nisaa: 20]”

The following Shuroot (prerequisites) must exist to ensure the validity of al-Khul‘:

1. A valid (legally acceptable) remuneration must be extended

2. The remuneration must be to the spouse who can (is the one to) agree to the separation

3. The husband is not allowed to treat the woman harshly – except where deemed proper – so as to force her to pay him

4. The separation is to be stated with the expressed articulation of Khul‘. To use the statement of Talaaq or that which is known to be a statement of Talaaq with the intention of Talaaq is to be counted as Talaaq (and not a khul‘), which eliminates the man’s power to reclaim her as his wife. He may remarry her with a new ‘Aqd (marital contract and Dowry) even if she has not taken a husband other than him as long as he has not pronounced Talaaq thrice upon her

5. If the man pronounces the separation with the statement as that of Khul‘ or Faskh (dissolution) or ransom (yourself from me) – and does not intend divorce then it is a dissolution of marriage that is not incorporated in the Talaaq count. This is reported from Ibn ‘Abbaas. His proof was from the following verses.

Allaah the Most High says: “The divorce is twice…” [Surah Al-Baqarah: 229]

Then later on Allaah said: “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband.” [Surah Al-Baqarah: 230]

So notice Allaah mentioned two divorce pronouncements, then mentioned the Khul‘ then mentioned another divorce pronouncement. Therefore we assess that Khul‘ does not count as a Talaaq pronouncement or else the count would be four (exceeding the limit of three).

Footnotes:

[1] Reported from Thawbaan by Abu Dawood (2226), at-Tirmidhee (1190) and Ibn Maajah (2055).

[2] Majmoo‘ al-Fataawaa (32/282)

[3] Reported by Al-Bukhaaree from Ibn ‘Abbaas [(Arab) vol. 9, pg. 389, no. 5273 and ( Eng. ) vol. 7, no. 197]

Is Khul’ considered a Divorce Pronouncement? : Ibn Taimiyyah

Author:Shaikh-ul-Islaam Ibn Taimiyyah (rahimahullaah)
Source:Majmoo’ al-Fataawaa (vol. 32, pg. 289 – 290, 292)
Produced by: al-manhaj.com[Begin Quote from Page 289]

He (rahimahullaah) was asked about al-Khul‘:

“Is Khul‘ considered divorce and is it counted as one of the three divorce pronouncements? Is it (Khul‘) still considered valid without intending divorce and saying the word Talaaq (or its equal)?”

He (rahimahullaah) answered:

This issue has been an issue of great dispute between the Salaf (predecessors) and the Khalaf (contemporaries). The famous opinion in the Madh-hab of Al-Imaam Ahmad and his companions is that it (khul‘) is a permanent separation and complete dissolution of the marriage that is not to be incorporated as being from the three Talaaq pronouncements. Therefore if the man was to perform Khul‘ ten times (to the same woman, remarrying her after each Khul‘) then this is allowed for him as long as he remarries her with a new wedding contract (and its requisites – Dowry, etc.) even if she has not wed another man other than him (between each consecutive remarriage).

This is also one of the reported statements of Ash-Shafi‘ee. This has also been chosen and sponsored by a large majority of the Sahaabah. Another group of Sahaabah sponsored it but did not choose it.

This is the position of the Jumhoor (overwhelming Majority) of the Fuqahaa of Hadeeth – Ishaaq bin Rahawiyah, Abu Thawr, Dawoud, Ibnul Mundhir, and Ibn Khuzaymah. It is also authentically established as a statement of Ibn ‘Abbaas (radyAllaahu ‘anhu) and his companions – Tawoos and ‘Ikrimah.

The second opinion (claims) that it (khul‘) is to be counted as one of the three divorce pronouncements. It is (also) reported as the statement from many amongst the Salaf. It is the opinion of Abu Haneefah, Maalik and one of the opinions of Ash-Shafi‘ee. Some claim it was his most recent verdict. It is also reported as one of the statements of Ahmad.

They report narrations from ‘Umar, ‘Uthmaan, ‘Alee and Ibn Mas‘ood (to support their position).

But we find that Imaam Ahmad and numerous others from the Imaams of Knowledge of Hadeeth (Scholars of Hadeeth) – Ibnul Mundhir, Ibn Khuzaymah, al-Bayhaqee and others – have declared (with evidence) that the narrations attributed to them (‘Umar, ‘Uthmaan, ‘Alee and Ibn Mas‘ood) are da‘eef (Weak and unsubstantiated).

The only authenticated narration is that which is reported from Ibn ‘Abbaas (radyAllaahu ‘anhu) that Kkul‘ is Fas-kh or dissolution and not Talaaq.

Ash-Shafi‘ee himself stated we do not know the condition of the reporter of the narration of ‘Uthmaan – whether he is Thiqah (trusted) or other than Thiqah?

Therefore we establish that they (the holders of the second opinion) did not authenticate the narrations attributed to the Sahaabah. On the other hand they admitted that they did not know the authenticity of the narrations. Further, we know that no one from the scholars authenticated those narrations attributed to the Sahaabah stating that Khul‘ was to be counted (and dealt with) as an irrevocable Talaaq that is counted as one of the three pronouncements.

Furthermore, we report the Saheeh narration that ‘Uthmaan ordered a woman in the state of Khul‘ to wait only one menstrual cycle (before remarrying) to have Istibraa’ (prove that she is not pregnant from the previous husband). He stated to her: “You do not have ‘Iddah or waiting period (other than Istibraa’).” This proves that he deemed khul‘ a complete separation that was not divorce, since (the regulations of) Talaaq for the woman who has been entered upon (cohabited with her partner) that she must wait three Quroo’ (menstrual cycles) as is explicitly stated in the Qur’aan and the consensus of the Muslims (scholars). This of course is dissimilar to the state of Khul‘. In the authentic Sunnah and Athaar (narrations) of the Sahaabah, we see that the waiting period is Istibraa’. That is the opinion of Ishaaq, Ibnul Mundhir and others. It is also one of the two reported statements of Ahmad.

Ibn ‘Abbaas also permitted the return of a woman who had been divorced twice and was separated finally with a khul‘ to return to her husband without marrying another man before returning to him.

Ibraheem bin Sa‘d bin Abee Waqaas asked Ibn ‘Abbaas about this issue when he was appointed by Az-Zubair as the custodian of Yemen . He said to Ibn ‘Abbaas (radyAllaahu ‘anhu) that the majority of Talaaq in Yemen was that of Fidaa’ – woman ransoming herself or Khul‘. Ibn ‘Abbaas (radyAllaahu ‘anhu) responded: “To pay to dissolve the marriage is not Talaaq. People have erred in labeling it.” Ibn ‘Abbaas then recited:

“The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (i.e. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Khul’ (divorce). These are the limits ordained by Allaah, so do not transgress them. And whoever transgresses the limits ordained by Allaah, then such are the wrongdoers. And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband.” [Surah Al-Baqarah: 229-230]

Ibn ‘Abbaas then said: “Allaah mentions after (sanctioning) al-Fidyah or Khul‘ after two pronouncements of divorce that if “he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband.” This incorporates al-Fidyah specifically and other than it in general. If Fidyah (Khul‘) were counted as Talaaq then the count would have been four.

This is also the famous statement reported from Ahmad and from the companions of Ibn ‘Abbaas..

[End quote from page 290]

[Begin Quote from Page 292]

Those from amongst the Fuqahaa who followed what was (erroneously) attributed to the Sahaabah that Khul‘ is to be counted as an irrevocable Talaaq were under the impression that they were authentic narrations. They did not posses the ability (resources) to be critical of these particular Athaar and distinguish the Saheeh from the Da‘eef. Only Imaam Ahmad (at that time) and his peers from like caliber scholars possessed the resources to weed out those narrations. Therefore those who reported the statements of the Sahaabah who differed with Ibn ‘Abbaas and his companions from the Sahaabah did not know that there was nothing authentically reported to dispute his authentically reported narrations. [1]

[End Quote from Page 292]

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