13. The Book on Divorce and Li'an
What has been related about the Sunnah divorce
Yunus bin Jubair said: "I asked Ibn Umar about a man who divorced his wife while she was menstruating. So he said: 'Don't you know Abdullah bin Umar?' Indeed he divorced his wife while she was menstruating, so Umar asked the Prophet about that, and he ordered him to take her back.'" He said: "I said: And that divorce is counted? He said: And that divorce is counted? He said: 'What else would you think if he was helpless and foolish?'" Salim narrated that: His father divorced his wife during her menses, so Umar asked the Prophet about that and he said: "Tell him to take her back, then let him divorce her while she is pure or pregnant."
What has been related about a man who divorces his wife irrevocably
Abdullah bin Yazid bin Rukanah narrated from his father, from his grandfather who said: 'O Messenger of Allah! I irrevocably divorced my wife.' So he said: 'What did you intend by that?' I said: 'One (divorce).' He said: '(Do you swear) By Allah?' I said: 'By Allah.' He said: 'Then it is as you intended.'"
What has been related about: Your case is up to you
Hammad bin Yazid said: "I said to Abu Ayyub: 'Do you know of anyone who said that: "Your case is up to you?" counts as three besides Al-Hasan?' He said: "No, not besides Al-Hasan.' Then he said: 'O Allah forgive me - except for what has been narrated to me by Qatadah, from Kathir the freed slave of Banu Samurah, from Abu Salamah, from Abu Hurairah, that the Prophet said: "Three.'"Abu Ayyub said: 'So I met Kathir the freed slave of Banu Samurah and asked him about it, but he was not aware of it. So I returned to Qatadah and informed him about that and he said: "He forgot."
What has been related about the choice
Aishah said: "The Messenger of Allah gave us the choice, so we chose him. So was that a divorce?"
What has been related about: The woman with three divorces gets no housing nor maintenance (from the husband)
Fatimah bint Qais said: "My husband divorced me three times during the time of the Prophet. So the Messenger of Allah said: 'There is no housing for you nor maintenance.'" Al-Mughirah (one of the narrators) said: "I mentioned that to Ibrahim and he said: Umar said: "We do not leave the Book of Allah and the Sunnah of our Prophet for the saying of a woman, and we do not know if she remembered or forgot." And Umar used to give her (the divorced woman) housing and maintenance.'"
What has been related about: There is no divorce before marriage
Amr bin Shu'aib narrated from his grandfather, from his father, that: The Messenger of Allah said: "There is no vow for the son of Adam over what he has no control, and there is no emancipating he can do for one whom he does not own, and there is no divorce for him regarding that which he has no control over."
What has been related about: Divorce for a slave woman is twice
Muzahir bin Aslam narrated that Al-Qasim narrated from Aishah that: The Messenger of Allah said: "The divorce for a slave woman is two divorces, and her Iddah is two menstruations."
What has been related about the man who thinks to himself about divorcing his wife
Abu Hurairah narraed that: The Messenger of Allah said: "Allah has permitted my Ummah what occurs in their mines, as long as it is not spoken or acted upon."
What has been related about seriousness and jest regarding divorce
Abu Hurairah narrated that: The Messenger of Allah said: "Three are serious when they are serious, and serious when they are in jest: Marriage, divorce, and return."
What has been related about Khul'
AR-Rubayyi bint Mu'awwidh bin Al-Afra narrated: that she got a Khul during the time of the Prophet. So the Prophet ordered her - or: she was ordered - that she observe an Iddah of a menstruation." Ibn Abbas narrated that : The wife of Thabit bin Qais was granted a Khul from her husband during the time of the Prophet. So the Prophet ordered her to observe an Iddah of a menstruation.
What has been related about the women who seek a Khul'
Thawban narrated that: The Prophet said: "The women who seek a Khul are hypocrites." Thawban narrated that : The Messenger of Allah said: "Whichever woman seeks a Khul from her husband without harm (cause), then the scent of Paradise will be unlawful for her."
What has been related about treating women kindly
Abu Hurairah narrated that: The Messenger of Allah said: "Indeed the woman is like a rib, if you try to straighten her you will break her, and if you leave her, what you enjoy from her will be with the crookedness."
What has been related about a man whose father asks him to divorce (his wife)
Ibn Umar narrated: "I had a wife whom I loved, but my father disliked her, so he ordered me to divorce her but I refused. I mentioned that to the Prophet and he said: 'O Abdullah bin Umar! Divorce your wife.'"
What has been related about: No woman should ask for the divorce of her sister
Abu Hurairah narrated that: The Prophet said: "No woman should ask for the divorce of her sister (in religion) in order to spill what is in her container."
What has been related about the divorce pronounced by the Ma'tuh person
Abu Hurairah narrated that : The Messenger of Allah said: "Every divorce is valid except the divorce of the Ma'tuh person whose reason is overcome." (Da'if Jiddan)
The revelation of Allah's saying: "Divorce is two times"
Hisham bin Urwah narrated from his father, from Aishah that she said: "The people were such that a man would divorce his wife when he wanted to divorce her, and she remained his wife when he wanted to take her back while she was in her Iddah, and he could divorce a hundred times, or even more, such that a man could say to his wife: 'By Allah! I will neither divorce you irrevocably, nor give you residence ever!' She would say: 'And how is that?' He would say: 'I will divorce you, and whenever your Iddah is just about to end I will take you back. So a woman went to Aishah to inform her about that, and Aishah was silent until the Prophet came. So she told him and the Prophet was silent, until the Qur'an was revealed: Divorce is two times, after that, retain her on reasonable terms or release her with kindness.'" So Aishah said: "So the people could carry on with divorce in the future, (knowing) who was divorced, and who was not divorced."
What has been related about the pregnant woman who gives birth after her husband dies
Al-Aswad narrated from Abu As-Sanabil bin Ba'kak who said: "Subai'ah delivered twenty-three or twenty-five days after her husband had died. So when she was ready (finished post-natal bleeding) she adorned herself for marriage, but she was rebuked for doing that, so it was mentioned to the Prophet and he said: "If she has done that then her time has come.'" Sulaiman bin Yasir narrated that : Abu Hurairah, Ibn Abbas and Abu Salamah bin Abdur-Rahman mentioned the pregnant women whose husband died and she gave birth after the death of her husband. So Ibn Abbas said: "She observes Iddah until the end of the two terms." Abu Salamah said: "Rather, she is allowed when she gives birth." Abu Hurairah said: "I am with my nephew," meaning Abu Salamah.So he sent a message to Umm Salamah the wife of the Prophet. She said: "Subai'ah Al-Aslamiyyah gave birth a short time after her husband died, so she sought the judgment of the Messenger of Allah and he ordered her to get married."
What has been related about the 'Iddah of a woman whose husband dies
Humaid bin Nafi narrated that : Zainab bint Abi Salamah said: "I entered upon Umm Habibah, the wife of the Prophet when her father Sufyan bin Harb died. So she asked for some perfume that had something yellow saffron or something else, so a girl applied it to her and put some on her cheeks. Then she said: 'By Allah! I have no need for perfume except that I heard the Messenger of Allah saying: "It is not lawful for a woman who believers in Allah and the Last Day to mourn for the dead more than three days, except for her husband (in which case it is) four months and ten days." Humaid bin Nafi narrated that : Zainab said: "So I entered upon Zainab bint Jahsh when her brother died. She called for some perfume and put it on, then said: 'By Allah! I have no need for perfume except that I heard the Messenger of Allah said: "It is not lawful for a woman who believes in Allah and the Last Day to mourn for the dead more than three nights, except for her husband (in which case it is) four months and ten days." Humaid bin Nafi narrated that : Zainab said: "And I heard my mother, Umm Salamah said: 'A woman came to the Messenger of Allah and she said: "O Messenger of Allah! My daughter's husband died, and she is suffering from an eye ailment, so can she use Kohl?" the Messenger of Allah said: "No" two or three time. Each time (she asked) he said "no." Then he said: "It is just a mater of four months and ten (days). During Jahliyyah one of you would throw a clump of camel dung when one year passed."
What has been related about the one who has uttered Zihar and has intercourse (with his wife) before atoning
Salamah bin Sakhr Al-Bayadi narrated: that the Prophet said, about the one who uttered Zihar and had intercourse before the atonement: "One atonement." Ibn Abbas narrated that: A man came to the Prophet, and he had uttered Zihar upon his wife then he had intercourse with her. So he said: 'O Messenger of Allah! I uttered Zihar against my wife, then I had intercourse with her before atoning.' He (pbuh) said: "What caused you to do that, may Allah have mercy upon you?' He said: 'I saw her anklets in the moonlight.' He said: 'Then do not go near her until you have done what Allah ordered (for it).'"
What has been related about the atonement for Zihar
Abu Salamah and Muhammad bin Abdur-Rahman (bin Thawban) narrated that : Salman bin Sakhr Al-Ansari - from Banu Bayadah - said that his wife was like the back of his mother to him until Ramadan passed. After half of Ramadan had passed he had intercourse with his wife during the night. So he went to the Messenger of Allah to mention that to him. The Messenger of Allah said to him: "Free a slave." He said: "I don't have one." So he said: "Then fast two consecutive months." He said: "I am unable." He said: "Feed sixty needy people." He said: "I can not." So the Messenger of Allah said to Farwah bin Amr: "Give him that Araq - and it is a large basket that holds fifteen or sixteen Sa - to feed sixty needy people."
What has been related about Ila'
Aishah narrated: "The Messenger of Allah swore Ila from his wives, and he made something unlawful and he made himself unlawful what was lawful, and he made atonement for his oath."
What has been related about Li'an
Sa'eed bin Jubair narrated: "I was asked about those who were involved in the case of Li'an and if they are to be separated, during the leadership of Mus'ab bin Az-Zubair. I did not know what to say. So I went to the house of Abdullah bin Umar and I sought permission to enter. I was told that he was taking a nap, but he heard me talking and he said: 'Is it Ibn Jubair? Enter. You would not have come except for a need.'"He said: "So I entered and found him lying on a saddlecloth from his mount. I said: 'O Abu Abdur-Rahman! Are those involved in Li'an separated?' He said: 'Glorious is Allah! Yes. The first who asked about that was so-and-so the son of so-and-so. He came to the Prophet and said: "O Messenger of Allah! If one of us saw his wife committing adultery what should he do? If he were to say anything, his statement would be a horrible matter, and if he were to remain silent, his silence about the matter would be horrible.""He said: 'So the Prophet remained silent and did not answer him. Afterwards he came to the Prophet and said: "The one who asked you about it has been tried by it." So Allah revealed these Ayat from Surat An-Nur. And those who accuse their wives and have no witnesses except themselves - until the end of those Ayat. So he called for the man and recited the Ayat to him and admonished him, reminded him, and he told him: "Indeed the punishment of the world is less than the punishment of the Hereafter." So he said: "Nay! By the One Who sent you with the truth! I did not lie about her." Then he did the same with the woman, admonished her and reminding her and he told her: "Indeed the punishment of the world is less than the punishment of the Hereafter." She said: "Nay! By the One Who sent you with the truth! He is not telling the truth.'""He said: 'So he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them.'" Ibn Umar narrated: "A man pronounced the Li'an on his wife, and the Prophet separated the two of them, and he decide that the child belonged to the mother."
What is reported on where the widow observes her 'Iddah
Zainab bint Ka'b bin Ujrah narrated that : Al-Furay'ah bint Malik bin Sinan - the sister of the Abu Sa'eed Al-Khudri - informed her that she went to the Messenger of Allah to ask him if she could return to her family in Banu Khudrah. Her husband had gone out searching for his runaway slaves, and when he was in Turaf Al-Qadum he caught up with them and they killed him. She said: "So I asked the Messenger of Allah if I could return to my family since my husband had not left me a home that he owned nor any maintenance." She said: "So the Messenger of Allah said: 'Yes.' Then I left. When I was in the courtyard," or, "in the Masjid, the Messenger of Allah called me" or, "summoned for me to come back t him and he said: 'What did you say?'" She said: "So I repeated the store that I had mentioned to him about the case of my husband. He said: 'Stay in your house until what is written reaches its term.'" She said: "So I observed my Iddah there for four months and ten (days)." She said: "During the time of Uthman, he sent a message to me asking me about that, so I informed him. He followed it and judged accordingly."