29. Divorce

Yahya related to me from Malik that he had heard that a man saidto Abdullah ibn Abbas, "I have divorced my wife by saying I divorceyou a hundred times. What do you think my situation is?" Ibn Abbassaid to him, "She was divorced from you by three pronouncements, andby the ninety-seven, you have mocked the ayat of Allah." Yahya related to me from Malik that he had heard that a man cameto Abdullah ibn Masud and said, "I have divorced my wife by saying Idivorce you eight times." Ibn Masud said to him, "What have peopletold you?" He replied, "I have been told that I have to partabsolutely from her." Ibn Masud said, "They have spoken the truth. Aperson who divorces as Allah has commanded, Allah makes it clear forhim, and a person who obscures himself in error, we make stay by hiserror. So do not confuse yourselves and pull us into your confusion.It is as they have said." Yahya related to me from Malik from Yahya ibn Said from Abu Bakribn Hazm thatUmar ibn Abd al-Aziz had asked him what people said aboutthe 'irrevocable' divorce, and Abu Bakr had replied that Aban ibnUthman had clarified that it was declared only once. Umar ibn Abd al-Aziz said, "Even if divorce had to be declared a thousand times,the'irrevocable' would use them all up. A person who says,'irrevocably' has cast the furthest limit." Yahya related to me from Malik from Ibn Shihab that Marwan ibnal-Hakam decided that if someone made three pronouncements of divorce,he had divorced his wife irrevocably. Malik said, "That iswhat I like best of what I have heard on the subject." 29.2Divorce by Euphemistic Statements Yahya related to me from Malik that he had heard that Umar ibnal-Khattab had heard in a letter from Iraq that a man said to hiswife, "Your rein is on your withers (i.e. you have free rein)." Umaribn al-Khattab wrote to his governor to order the man to come to himat Makka at the time of hajj. While Umar was doing tawaf around theHouse, a man met him and greeted him. Umar asked him who he was, andhe replied that he was the man that he had ordered to be brought tohim. Umar said to him, "I ask you by the Lord of this building, whatdid you mean by your statement, 'Your rein is on your withers.'?" Theman replied, "Had you made me swear by other than this place, I wouldnot have told you the truth. I intended separation by that." Umar ibnal- Khattab said, "It is what you intended." Yahya related to me from Malik that he had heard that Ali ibn AbiTalib used to say that if a man said to his wife, "You are haram forme," it counted as three pronouncements of divorce. Maliksaid, "That is the best of what I have heard on the subject." Yahya related to me from Malik from Nafi that Abdullah ibn Umarsaid that statements like "I cut myself off from you",or"You areabandoned", were considered as three pronouncements of divorce. Malik said that any strong statements such as these or others wereconsidered as three pronouncements of divorce for a woman whosemarriage had been consummated. In the case of a woman whose marriagehad not been consummated, the man was asked to make an oath on hisdeen, as to whether he had intended one or three pronouncements ofdivorce. If he had intended one pronouncement, he was asked to make anoath by Allah to confirm it, and he became a suitor among othersuitors, because a woman whose marriage had been consummated, requiredthree pronouncements of divorce to make her inaccessible for thehusband, whilst only one pronouncement was needed to make a womanwhose marriage had not been consummated inaccessible. Malikadded, "That is the best of what I have heard about the matter." Yahya related to me from Malik from Yahya ibn Said from al-Qasimibn Muhammad that a certain man had taken a slave-girl belonging tosomebody else as a wife. He said to her people, "She is your concern,"and people considered that to be one pronouncement of divorce. Yahya related to me from Malik that he heard Ibn Shihab say thatif a man said to his wife, "You are free of me, and I am free of you," it counted as three pronouncements of divorce as if it were an'irrevocable' divorce. Malik said that if a man made anystrong statement such as these to his wife, it counted as threepronouncements of divorce for a woman whose marriage had beenconsummated, or it was written as one of three for a woman whosemarriage had not been consummated, whichever the man wished. If hesaid he intended only one divorce he swore to it and he became one ofthe suitors because, whereas a woman whose marriage had beenconsummated was made inaccessible by three pronouncements of divorce,the woman whose marriage had not been consummated was madeinaccessible by only one pronouncement. Malik said, "That isthe best of what I have heard." Yahya related to me from Malik that he had heard that a man cameto Abdullah ibn Umar, and said, "Abu Abd ar-Rahman! I placed thecommand of my wife in her hand, and she divorced herself, what do youthink?" Abdullah ibn Umar said, "I think that it is as she said." Theman said, "Don't do it, Abu Abd ar-Rahman!" Ibn Umar said, "You didit, it has nothing to do with me." Yahya related to me from Malik from Nafi that Abdullah ibn Umarsaid, "When a man gives a woman command over herself, then the resultis as she decides unless he denies it and says that he only meant togive her one divorce and he swears to it - then he has access to herwhile she is in her idda." Yahya related to me from Malik from Said ibn Sulayman ibn Zaydibn Thabit that Kharija ibn Zayd ibn Thabit told him that he wassitting with Zayd ibn Thabit when Muhammad ibn Abi Atiq came to himwith his eyes brimming with tears. Zayd asked him what the matter was.He said, "I gave my wife command of herself, and she separated fromme." Zayd said to him, "What made you do that?" He said, "The Decree."Zayd said, "Return to her if you wish for it is only onepronouncement, and you have access to her." Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasimfrom his father that a man of Thaqif gave his wife command overherself, and she said, "You are divorced." He was silent. She said,"You are divorced." He said, "May a stone be in your mouth." She said,"You are divorced." He said, "May a stone be in your mouth." Theyargued and went to Marwan ibn al-Hakam. He took an oath that he hadonly given her control over one pronouncement, and then she returnedto him. Malik said that Abd ar-Rahman declared that thisdecision had amazed al-Qasim, who thought it the best that he hadheard on the subject. Malik added, "That is also the best ofwhat I have heard on the subject." Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasimfrom his father that A'isha, umm al-muminin, proposed to Qurayba bintAbi Umayya on behalf of Abd ar-Rahman ibn Abi Bakr. They married herto him and her people found fault with Abd ar-Rahman and said, "Weonly gave in marriage because of A'isha." A'isha therefore sent forAbd ar-Rahman and told him about it. He gave Qurayba authority overherself and she chose her husband and so there was no divorce. Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasimfrom his father that A'isha, the wife of the Prophet, may Allah blesshim and grant him peace, gave Hafsa bint Abd arRahman in marriage toal-Mundhir ibn az-Zubayr while Abd ar-Rahman was away in Syria. WhenAbd ar-Rahman arrived, he said, "Shall someone like me have this doneto him? Am I the kind of man to have something done to him without hisconsent?" A'isha spoke to al-Mundhir ibn az-Zubayr, and al-Mundhirsaid, "It is in the hands of Abd ar-Rahman." Abd ar-Rahman said, "Iwon't oppose something that you have already completed." Hafsa wasconfirmed with al-Mundhir, and there was no divorce. Yahya related to me from Malik that he had heard that Abdullahibn Umar and Abu Hurayra were asked about a man who gave his wifepower over herself, and she returned it to him without doing anythingwith it. They said that there was no divorce. (i.e. The man's givinghis wife power over herself was not interpreted as a desire fordivorce on his part.) Yahya related to me from Malik fromYahya ibn Said that Said ibn al-Musayyab said, "If a man gives hiswife authority over herself, and she does not separate from him andremains with him, there is no divorce." Malik said that awoman whose husband gave her power over herself and they separatedwhile she was unwilling, had no power to revoke the divorce. She onlyhad power over herself as long as they remained together. Yahya related to me from Malik from Jafar ibn Muhammad from hisfather that Ali ibn Abi Talib said, "When a man takes a vow to abstainfrom intercourse, divorce does not occur immediately. If four monthspass, he must declare his intent and either he is divorced or herevokes his vow . " Malik said, "That is what is done amongus." Yahya related to me from Malik from Nafi that Abdullah ibn Umarsaid, "When a man makes a vow to abstain from intercourse with hiswife and four months have passed he must declare his intent and eitherhe is divorced or he revokes his vow. Divorce does not occur untilfour months have passed and he continues to abstain." Yahyarelated to me from Malik from Ibn Shihab that Said al-Musayyab and AbuBakr ibn Abd ar-Rahman said about a man who made a vow to abstain fromintercourse with his wife, "If four months pass it is a divorce. Thehusband can go back to his wife as long as she is in her idda." Yahya related to me from Malik that he had heard that Marwan ibnal-Hakam decided about a man who had made a vow to abstain fromintercourse with his wife, that when four months had passed, it was adivorce and he could return to her as long as she was in her idda. Malik added, "That was also the opinion of Ibn Shihab." Malik said that if a man made a vow to abstain from intercoursewith his wife and at the end of four months he declared his intent tocontinue to abstain, he was divorced. He could go back to his wife,but if he did not have intercourse with her before the end of heridda, he had no access to her and he could not go back to her unlesshe had an excuse - illness, imprisonment, or a similar excuse. Hisreturn to her maintained her as his wife. If her idda passed and thenhe married her after that and did not have intercourse with her untilfour months had passed and he declared his intent to continue toabstain, divorce was applied to him by the first vow. If four monthspassed, and he had not returned to her, he had no idda against her noraccess because he had married her and then divorced her beforetouching her. Malik said that a man who made a vow to abstainfrom intercourse with his wife and continued to abstain after fourmonths and so divorced her, but then returned and did not touch herand four months were completed before her idda was completed, did nothave to declare his intent and divorce did not befall him. If he hadintercourse with her before the end of her idda, he was entitled toher. If her idda passed before he had intercourse with her, he had noaccess to her. This is what Malik preferred of what he had heard onthe subject. Malik said that if a man made a vow to abstainfrom intercourse with his wife and then divorced her, and the fourmonths of the vow were completed before completion of the idda of thedivorce, it counted as two pronouncements of divorce. If he declaredhis intention to continue to abstain and the idda of the divorcefinished before the four months the vow of abstention was not adivorce. That was because the four months had passed and she was nothis on that day. Malik said, "If someone makes a vow not tohave intercourse with his wife for a day or a month and then waitsuntil more than four months have passed, it is not ila. Ila onlyapplies to someone who vows more than four months. As for the one whovows not to have intercourse with his wife for four months or lessthan that, I do not think that it is ila because when the term entersinto it at which it stops, he comes out of his oath and he does nothave to declare his intention." Malik said, "If someone vowsto his wife not to have intercourse with her until her child has beenweaned, that is not ila. I have heard that Ali ibn Abi Talib was askedabout that and he did not think that it was ila." Yahya related to me from Malik that he had asked Ibn Shihab aboutthe ila of the slave. He said that it was like the ila of the freeman, and it put an obligation on him. The ila of the slave was twomonths. Yahya related to me from Malik from Said ibn Amr ibn Sulaym az-Zuraqi that he asked al-Qasim ibn Muhammad about a man who madedivorce conditional on his marrying a woman i.e. if he married her hewould automatically divorce her. Al-Qasim ibn Muhammad said, "If a manmarries a woman whom he has made as his mother's back, i.e. has madeharam for him, Umar ibn al-Khattab ordered him not to go near her ifhe married her until he had done the kaffara for pronouncing dhihar." Yahya related to me from Malik that he had heard that a man askedal-Qasim ibn Muhammad and Sulayman ibn Yasar about a man whopronounced dhihar from his wife before he had married her. They said,"If he marries her, he must not touch her until he has done thekaffara for pronouncing dhihar." Yahya related to me from Malik from Hisham ibn Urwa that hisfather said that a man who pronounced a dhihar from his four wives inone statement, had only to do one kaffara. Yahya related the same asthat to me from Malik from Rabia ibn Abi Abd ar-Rahman. Maliksaid, "That is what is done among us. Allah, the Exalted said aboutthe kaffara for pronouncing dhihar, 'It is to free a slave before theytouch one another. If he does not find the means to do that, thenfasting for two consecutive months before they touch one another. Ifhe cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats4,5). Malik said that a man who pronounced dhihar from hiswife on various occasions had only to do one kaffara. If he pronounceddhihar, and then did kaffara, and then pronounced dhihar after he haddone the kaffara, he had to do kaffara again. Malik said,"Some one who pronounces dhihar from his wife and then has intercoursewith her before he has done kaffara, only has to do one kaffara. Hemust abstain from her until he does kaffara and ask forgiveness ofAllah. That is the best of what I have heard. " Malik said,"It is the same with dhihar using any prohibited relations offosterage and ancestry." Malik said, "Women have no dhihar." Malik said that he had heard that the commentary on the wordof Allah, the Blessed, the Exalted, "Those of you who pronounce thedhihar about their wives, and then retract what they have said," (Sura56 ayat 3), was that a man pronounced dhihar on his wife and thendecided to keep her and have intercourse with her. If he decided onthat, he must do kaffara. If he divorced her and did not decide toretract his dhihar of her and to keep her and have intercourse withher, there would be no kaffara incumbent on him. Maliksaid,"If he marries her after that, he does not touch her until he hascompleted the kaffara of pronouncing dhihar." Malik said thatif a man who pronounced dhihar from his slave-girl wanted to haveintercourse with her, he had to do the kaffara of the dhihar before hecould sleep with her. Malik said, "There is no ila in a man'sdhihar unless it is evident that he does not intend to retract hisdhihar." Yahya related to me from Malik from Hisham ibn Urwa that he hearda man ask Urwa ibn az-Zubayr about a man who said to his wife, "Anywoman I marry along with you as long as you live will be like mymother's back to me." Urwa ibn az-Zubayr said, "The freeing of slavesis enough to release him from that." ahya related to me from Malik that he asked Ibn Shihab about thedhihar of a slave. He said, "It is like the dhihar of a free man." Malik said, "He meant that the same conditions were appliedin both cases." Malik said, "The dhihar of the slave isincumbent on him, and the fasting of the slave in the dhihar is twomonths. " Malik said that there was no ila for a slave whopronounced a dhihar from his wife. That was because if he were to fastthe kaffara for pronouncing a dhihar, the divorce of the ila wouldcome to him before he had finished the fast. Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from al-Qasim ibn Muhammad that A'isha umm al-muminin, said, "There were three sunnas established in connection with Barira: firstly wasthat when she was set free she was given her choice about her husband,secondly, the Messenger of Allah, may Allah bless him and grant himpeace, said about her, 'The right of inheritance belongs to the personwho has set a person free,' thirdly, the Messenger of Allah, may Allahbless him and grant him peace, came in and there was a pot with meaton the boil. Bread and condiments were brought to him from the stockof the house. The Messenger of Allah, may Allah bless him and granthim peace, said, 'Didn't I see a pot with meat in it?' They said,'Yes, Messenger of Allah. That is meat which was given as sadaqa forBarira, and you do not eat sadaqa.' The Messenger of Allah, may Allahbless him and grant him peace, said, 'It is sadaqa for her, and it isa gift for us.' " ahya related to me from Malik from Nafi that Abdullah ibn Umarsaid that a female slave who was the wife of a slave and then was setfree, had the right of choice as long as he did not have intercoursewith her. Malik said, "If her husband has intercourse withher and she claims that she did not know, she still has the right ofchoice. If she is suspect and one does not believe her claim ofignorance, then she has no choice after he has had intercourse withher." Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that a mawla of the tribe of Banu Adi called Zabra told himthat she had been the wife of a slave when she was a slave-girl. Thenshe was set free and she sent a message to Hafsa, the wife of theProphet, may Allah bless him and grant him peace. Hafsa called her andsaid, "I will tell you something., but I would prefer that you did notact upon it. You have authority over yourself as long as your husbanddoes not have intercourse with you. If he has intercourse with you,you have no authority at all." Therefore she pronounced her divorcefrom him three times. Yahya related to me from Malik that he had heard that Said ibnal-Musayyab said that if a man married a woman, and he was insane orhad a physical defect, she had the right of choice. If she wished shecould stay, and if she wished she could separate from him. Malik said that if a slave-girl, who was the wife of a slave, wasset free before he had consummated the marriage, and she choseherself, then she had no bride-price and it was a pronouncement ofdivorce. That was what was done among them. Yahya related to me that Malik heard Ibn Shihab say, "When a mangives his wife the right of choice, and she chooses him, that is notdivorce." Malik added, "That is the best of what I haveheard." Malik said that if a woman who had been given theright of choice by her husband chose herself, she was divorced trebly.If her husband said, "But I only gave her the right of choice in one,"he had none of that. That was the best of what he had heard. Malik said, "If the man gives his wife the right of choice and shesays, 'I accept one', and he says, 'I did not mean that, I have giventhe right of choice in all three together,' then if she only acceptsone, she remains with him in her marriage, and that is not separationif Allah, the Exalted wills." Yahya related. to me from Malik from Yahya ibn Said that Amrabint Abd ar-Rahman told him from Habiba bint Sahl al-Ansari that shehad been the wife of Thabit ibn Qays ibn Shammas. The Messenger ofAllah, may Allah bless him and grant him peace, went out for the dawnprayer, and found Habiba bint Sahl at his door in the darkness. TheMessenger of Allah, may Allah bless him and grant him peace, said toher, "Who is this?" She said, "I am Habiba bint Sahl, Messenger ofAllah." He said, "What do you want?" She said, "That Thabit ibn Qaysand I separate." When her husband, Thabit ibn Qays came, the Messengerof Allah, may Allah bless him and grant him peace, said to him, "Thisis Habiba bint Sahl. She mentioned what Allah willed that shemention." Habiba said, "Messenger of Allah, all that he has given meis with me!" The Messenger of Allah, may Allah bless him and grant himpeace, said to Thabit ibn Qays, "Take it from her," and he took itfrom her, and she stayed in the house of her family. Yahya related to me from Malik from Nafi from a mawla of Safiyyabint Abi Ubayd that she gave all that she possessed to her husband ascompensation for her divorce from him, and Abdullah ibn Umar did notdisapprove of that. Malik said that divorce was ratified fora woman who ransomed herself from her husband, when it was known thather husband was detrimental to her and was oppressive for her, and itwas known that he wronged her, and he had to return her property toher. Malik added, "This is what I have heard, and it is what is doneamong us." Malik said, "There is no harm if a woman ransomsherself from her husband for more than he gave her." Yahya related to me from Malik from Nafi that Rubayyi bintMuawwidh ibn Afra came with her paternal uncle to Abdullah ibn Umarand told him that she had divorced her husband for a compensation inthe time of Uthman ibn Affan, and he heard about it and did notdisapprove. Abdullah ibn Umar said, "Her idda is the idda of adivorced woman." Yahya related to me from Malik that he hadheard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihaball said that a woman who divorced for a compensation had the sameidda as a divorced woman - three periods. Malik said that awoman who ransomed herself could not return to her husband except by anew marriage. If someone married her and then separated from herbefore he had intercourse with her, there was no idda against her fromthe recent marriage, and she rested on her first idda. Maliksaid, "That is the best that I have heard on the matter." Malik said, "If, when a woman offers to compensate her husband, hedivorces her straightaway, then that compensation is confirmed forhim. If he makes no response, and then at a later date, does divorceher, he is not entitled to that compensation." Yahya related to me from Malik from Ibn Shihab that Sahl ibn Sadas-Saidi told him that Uwaymir al-Ajlani came to Asim ibn Adi al-Ansari and said to him, "Asim! What do you think a man who findsanother man with his wife should do? Should he kill him and then bekilled himself, or what should .he do? Asim! ask the Messenger ofAllah, may Allah bless him and grant him peace, about that for me."Asim asked the Messenger of Allah, may Allah bless him and grant himpeace, about it. The Messenger of Allah, may Allah bless him and granthim peace, was revolted by the questions and reproved them until whathe heard from the Messenger of Allah, may Allah bless him and granthim peace. was intolerable for Asim. When Asim returned to his people,Uwaymir came to him and said, " Asim! what did the Messenger of Allah,may Allah bless him and grant him peace, say to you?" Asim said toUwaymir, "You didn't bring me any good. The Messenger of Allah, mayAllah bless him and grant him peace, was revolted by the questionwhich I asked him." Uwaymir said, "By Allah! I will not stop until Iask him about it!" Uwaymir stood up and went to the Messenger ofAllah, may Allah bless him and grant him peace, in the middle of thepeople and said, "Messenger of Allah! What do you think a man whofinds another man with his wife should do? Should he kill him and thenbe killed himself, or what should he do?" The Messenger of Allah, mayAllah bless him and grant him peace, said, "Something has been sentdown about you and your wife, so go and bring her." Sahlcontinued, "They mutually cursed one another in the presence of theMessenger, may Allah bless him and grant him peace, and I was presentwith the people. When they finished cursing each other, Uwaymir said,'I shall have lied about her, Messenger of Allah, if I keep her,' andpronounced the divorce three times before the Messenger of Allah, mayAllah bless him and grant him peace, ordered him to do it." Malik said that Ibn Shihab said, "That was how the sunna of a couplemutually cursing each other was established (lian)." Yahya related to me from Malik from Nafic from Abdullah ibn Umarthat a man cursed his wife in the time of the Messenger of Allah, mayAllah bless him and grant him peace, and disowned her child. TheMessenger of Allah, may Allah bless him and grant him peace, separatedthem and gave the child to the woman. Malik said, "Allah theBlessed, the Exalted, said, 'The testimony of men who accuse theirwives but do not have any witnesses except themselves is to testify byAllah four times that he is being truthful, and a fifth time, that thecurse of Allah will be upon him, if he should be a liar. She willavoid punishment if she testifies by Allah four times that he is aliar, and a fifth time, that the wrath of Allah shall be upon her, ifhe should be telling the truth. ' "(Sura 24 ayat 6). Maliksaid, "The sunna with us is that those who curse each other are neverto be remarried. If the man calls himself a liar, (i.e. takes back hisaccusation), he is flogged with the hadd-punishment, and the child isgiven to him, and his wife can never return to him. There is no doubtor dispute about this sunna among us. " Malik said, "If a manseparates from his wife by an irrevocable divorce by which he cannotreturn to her, and then he denies the paternity of the child she iscarrying, whilst she claims that he is the father, and it is possibleby the timing, that he be so, he must curse her, and the child is notrecognised as his." Malik said, "That is what is done amongus, and it is what I have heard from the people of knowledge." Malik said that a man who accused his wife after he had divorcedher trebly while she was pregnant, and he had at first accepted beingthe father but then claimed that he had seen her committing adulterybefore he separated from her, was flogged with the hadd-punishment,and did not curse her. If he denied the paternity of herchild after he had divorced her trebly, and he had not previouslyaccepted it, then he cursed her. Malik said, "This is what Ihave heard." Malik said, "The slave is in the same positionas the free man as regards making accusations and invoking mutualcurses (lian). He acts in the lian as the free man acts although thereis no hadd applied for slandering a female-slave." Maliksaid, "The muslim slave-girl and the christian and jewish free womanalso do lian when a free muslim marries one of them and hasintercourse with her. That is because Allah - may He be blessed andExalted, said in His Book, 'As for those who accuse their wives,' andthey are their wives. This is what is done among us. Maliksaid that a man who did the lian with his wife, and then stopped andcalled himself a liar after one or two oaths and he had not cursedhimself in the fifth one, had to be flogged with the hadd-punishment,but they did not have to be separated. Malik said that if aman divorced his wife and then after three months the woman said, "Iam pregnant," and he denied paternity, then he had to do lian. Malik said that the husband of a female slave who pronounced thelian on her and then bought her, was not to have intercourse with her,even if he owned her. The sunna which had been handed down about acouple who mutually cursed each other in the lian was that they werenever to return to each other. Malik said that when a manpronounced the lian against his wife before he had consummated themarriage, she only had half of the bride price. Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had beenpronounced or the child of fornication, died, his mother inheritedfrom him her right in the Book of Allah the Exalted, and his maternalhalf-brothers had their rights. The rest was inherited by the ownersof his mother's wala' if she was a freed slave. If she was an ordinaryfree woman, she inherited her right, his maternal brothers inheritedtheir rights, and the rest went to the Muslims. Malik said,"Iheard the same as that from Sulayman ibn Yasar, and it is what I sawthe people of knowledge in our city doing." Yahya related to me from Malik from Ibn Shihab from Muhammad ibnAbd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said,"A man divorced his wife three times before he had consummated themarriage, and then it seemed good to him to marry her. Therefore, hewanted an opinion, and I went with him to ask Abdullah ibn Abbas andAbu Hurayra on his behalf about it, and they said, 'We do not thinkthat you should marry her until she has married another husband.' Heprotested that his divorcing her had been only once. Ibn Abbas said,'You threw away what you had of blessing.' " Yahya related to me from Malik from Yahya ibn Said from Bukayribn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash al Ansari from Ataibn Yasar that a man came and asked Abdullah ibn Amr ibn al-As about aman who divorced his wife three times before he had had intercoursewith her Ata said, "The divorce of the virgin is one. Abdullah ibn Amribn al-As said to me, 'You say one pronouncement separates her andthree makes her haram until she has married another husband.' " Yahya related to me from Malik from Yahya ibn Said that Bukayribn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al-Ansari told him that he was sitting with Abdullah ibn az-Zubayr andAsim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr cameup to them and said, "A man from the desert has divorced his wifethree times before consummating the marriage, what do you think?"Abdullah ibn az-Zubayr said "This is something about which we have nostatement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them withA'isha. Ask them and then come and tell us." He went and asked them.Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! Adifficult one has come to you." Abu Hurayra said, "One pronouncementseparates her and three makes her haram until she has married anotherhusband." Ibn Abbas said the like of that. Malik said, "Thatis what is done among us, and when a man marries a woman who has beenmarried before, and he has not had intercourse with her, she istreated as a virgin - one pronouncement separates her and three makeher haram until she has married another husband." Yahya related to me from Malik from Ibn Shihab that Talha ibnAbdullah ibn Awf said, and he knew that better than them, from AbuSalama ibn Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Awf divorcedhis wife irrevocably while he was terminally ill, and Uthman ibn Affanmade her an heir after the end of her idda. Yahya related to me from Malik from Abdullah ibn al-Fadl from al-Araj that Uthman ibn Affan made the wives of ibn Mukmil inherit fromhim, and he had divorced them while he was terminally ill. Yahya related to me from Malik that he heard Rabia ibn Abi Abdar-Rahman say, ''I heard that the wife of Abd ar-Rahman ibn Awf askedhim to divorce her. He said, 'When you have menstruated and are pure,then come to me.' She did not menstruate until Abd ar-Rahman ibn Awfwas ill. When she was purified, she told him and he divorced herirrevocably or made a pronouncement of divorce which was all that hehad left over her Abd arRahman ibn Awf was terminally ill at the time,so Uthman ibn Affan made her one of the heirs after the end of heridda." Yahya related to me from Malik from Yahya ibn Said that Muhammadibn Yahya ibn Habban said, "My grandfather Habban had two wives, onefrom the Hashimites and one from the Ansars. He divorced the Ansariyyawhile she was nursing, and a year passed and he died and she had stillnot yet menstruated. She said, 'I inherit from him. I have notmenstruated yet.' The wives quarrelled and went to Uthman ibn Affan.He decided that she did inherit, and the Hashimiyya rebuked Uthman. Hesaid, 'This is the practice of the son of your paternal uncle. Hepointed this out to us.' He meant Ali ibn Abi Talib." Yahya related to me from Malik that he had heard Ibn Shihab say,"When a man who is terminally ill divorces his wife three times, sheinherits from him." Malik said, "If he divorces her while heis terminally ill before he has consummated the marriage, she has halfof the bride-price and inherits, and she does not have to do an idda.If he consummated the marriage, she has all the dowry and inherits.The virgin and the previously married woman are the same in thissituation according to us." Yahya related to me from Malik that he had heard that Abd ar-Rahman ibn Awf divorced his wife, and gave her compensation in theform of a slave-girl. Yahya related to me from Malik fromNafi that Abdullah ibn Umar said, "Every divorced woman hascompensation except for the one who is divorced and is allocated abride-price and has not been touched. She has half of what wasallocated to her." Yahya related to me from Malik that Ibn Shihab said, "Everydivorced woman has compensation." Malik said, "I have alsoheard the same as that from al-Qasim ibn Muhammad." Maliksaid, "There is no fixed limit among us as to how small or large thecompensation is." Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibnYasar that Nufay, a mukatab of Umm Salama the wife of the Prophet, mayAllah bless him and grant him peace, or her slave, had a free woman asa wife. He divorced her twice, and then he wanted to return to her.The wives of the Prophet, may Allah bless him and grant him peace,ordered him to go to Uthman ibn Affan to ask him about it. He foundhim at ad-Daraj with Zayd ibn Thabit. He asked them, and they bothanticipated him and said, "She is haram for you. She is haram foryou." Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that Nufay, a mukatab of Umm Salama, the wife of the Prophet,may Allah bless him and grant him peace, divorced his free wife twice,so he asked Uthman ibn Affan for an opinion, and he said, "She isharam for you." Yahya related to me from Malik from Abdu Rabbih ibn Said fromMuhammad ibn Ibrahim ibn al-Harith at-Taymi that Nufay, a mukatab ofUmm Salama, the wife of the Prophet, may Allah bless him and grant himpeace, asked Zayd ibn Thabit for an opinion. He said, "I have divorcedmy free wife twice." Zayd ibn Thabit said, "She is haram for you." Yahya related to me from Malik from Nafi that Abdullah ibn Umarsaid, "When the slave divorces his wife twice, she is haram for himuntil she has married another husband, whether she is free or a slave.The idda of a free woman is three menstrual periods, and the idda of aslave-girl is two periods. Yahya related to me from Malik from Nafi that Abdullah ibn Umarsaid, "If a man gives his slave permission to marry, the divorce is inthe hand of the slave, and nobody else has any power over his divorce.Nothing is held against a man who takes the slave-girl of his maleslave or the slave-girl of his female-slave." Malik said, "Neither a free man nor a slave who divorces a slave-girl nor a slave who divorces a free woman, in an irrevocable divorce,is obliged to pay maintenance even if she is pregnant, and he cannotreturn to her." Malik said, "A free man is not obliged to payfor the suckling of his son when he is a slave of other people, nor isa slave obliged to spend his money for what his master owns exceptwith the permission of his master." Yahya related to me from Malik from Yahya ibn Said from Said ibnal-Musayyab that Umar ibn al-Khattab said, "The woman who loses herhusband and does not know where he is, waits for four years, then shedoes idda for four months, and then she is free to marry." Malik said, "If she marries after her idda is over, regardless ofwhether the new husband has consummated the marriage or not, her firsthusband has no means of access to her." Malik said, "That iswhat is done among us and if her husband reaches her before she hasremarried, he is more entitled to her." Malik said that hehad seen people disapproving of someone who said that one of thepeople (of knowledge) attributed to Umar ibn al-Khattab that he said,"Her first husband chooses when he comes either her bride-price or hiswife." Malik said, "I have heard that Umar ibn al-Khattab,speaking about a woman whose husband divorced her while he was absentfrom her, and then he took her back and the news of his taking herback had not reached her, while the news of his divorcing her had, andso she had married again, said, 'Her first husband who divorced herhas no means of access to her whether or not the new husband hasconsummated the marriage.' " Malik said, "This is what I likethe best of what I heard about the missing man." Yahya related to me from Malik from Nafi that Abdullah ibn Umardivorced his wife while she was menstruating in the time of theMessenger of Allah, may Allah bless him and grant him peace, Umar ibnal-Khattab asked the Messenger of Allah, may Allah bless him and granthim peace, about it. The Messenger of Allah, may Allah bless him andgrant him peace, said, "Go and tell him to take her back and keep heruntil she is purified and then has a period and then is purified. Thenif he wishes, he an keep her, and if he wishes he should divorce herbefore he has intercourse with her. That is the idda which Allah hascommanded for women who are divorced." Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha, umm al-muminin, that she took Hafsa ibn Abd ar-Rahman ibn Abi Bakr as-Siddiq into her house when she had entered thethird period of her idda. Ibn Shihab said, "That was mentioned to Amrabint Abd ar-Rahman, and she said that Urwa had spoken the truth andpeople had argued with A'isha about it. They said that Allah, theBlessed, the Exalted, said in His Book, 'Three quru.' A'isha said,'You spoke the truth. Do you know what quru are? Quru are times ofbecoming pure after menstruation .' " Yahya related to me from Malik that Ibn Shihab said that he heardAbu Bakr ibn Abd ar-Rahman say, "I have never seen any of our fuqahawho did not say that this was what the statement of A'isha meant." Yahya related to me from Malik from Nafi and Zayd ibn Aslam fromSulayman ibn Yasar that al-Ahwas died in Syria when his wife had begunher third menstrual period after he had divorced her. Muawiya ibn AbiSufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him,"When she began her third period, she was free from him and he wasfree from her, and he does not inherit from her nor she from him." Yahya related to me from Malik that he had heard that Abu Bakribn Abd ar-Rahman and Sulayman ibn Yasar and Ibn Shihab used to say,"When the divorced woman enters the beginning of her third period, sheis clearly separated from her husband and there is no inheritancebetween them and he has no access to her." Yahya related to me from Malik from Nafi that Abdullah ibn Umarsaid, "When a man divorces his wife and she begins her third period,she is free from him and he is free from her." Malik said,"This is how things are done among us." Yahya related to me from Malik from al-Fudayl ibn Abi Abdullah,the mawla of al-Mahri that al-Qasim ibn Muhammad and Salim ibnAbdullah said, "When a woman is divorced and begins her third period,she is clearly separated from him and is free to marry again." Yahya related to me from Malik that he had heard that Said ibnal-Musayyab and Ibn Shihab and Sulayman ibn Yasar all said, "The iddaof the woman with a khul divorce is three periods." Yahya related to me from Malik that he heard Ibn Shihab say, "Theidda of the divorced woman is reckoned by the menstrual cycles even ifshe is estranged ." (The reason the idda is normally reckoned by themenstrual cycle is to see whether the woman is pregnant or not.) Yahya related to me from Malik from Yahya ibn Said from a man ofthe Ansar that his wife asked him for a divorce, and he said to her,"When you have had your period, then tell me." When she had herperiod, she told him. He said, "When you are purified then tell me."When she was purified, she told him and he divorced her. Malik said, "This is the best of what I have heard about it." Yahya related to me from Malik thal Yahya ibn Said heard al-Qasimibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Saidibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakamirrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha ummal-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madinaat that time. She said, "Fear Allah and make him return the woman toher house." Marwan said in what Sulayman related, ''Abd ar-Rahman hasthe upper hand over me." Marwan said in what al-Qasim related, "Hasn'tthe affair of Fatima bint Qays reached you?" A'isha said, "You areforced to mention the story of Fatima " Marwan said, "If you know thatevil, whatever evil there was between those two is enough for you."(See hadith 67.) Yahya related to me from Malik from Nafi that the daughter ofSaid ibn Zayd ibn Amr ibn Nufayl was the wife of Abdullah ibn Umar ibnUthman ibn Affan, and he divorced her irrevocably and she moved out.Abdullah ibn Umar rebuked her for that. Yahya related to me from Malik from Nafi that Abdullah ibn Umardivorced one of his wives in the house of Hafsa, the wife of theProphet, may Allah bless him and grant him peace, while he was on theway to the mosque. He went another route from behind the houses beingaverse to ask permission to enter until he returned to her. Yahya related to me from Malik from Yahya ibn Said that Said ibnal-Musayyab was asked who was obliged to pay the rent for a womanwhose husband divorced her while she was in a leased house. Said ibnal-Musayyab said, "Her husband is obliged to pay it." Someone asked,"what if her husband does not have it?" He said, "Then she must payit." Someone asked, "And if she does not have it?" He said, "Then theAmir must pay it." Yahya related to me from Malik from Abdullah ibn Yazid, the mawlaof al-Aswad ibn Sufyan from Abu Salama ibn Abd ar-Rahman ibn Awf fromFatima bint Qays that Abu Amr ibn Hafs divorced her absolutely whilehe was away in Syria. His agent sent her some barley and she wasdispleased with it, saying, "By Allah, I don't expect anything fromyou." She went to the Messenger of Allah, may Allah bless him andgrant him peace, and mentioned it to him. He said, "You have nomaintenance." He then ordered her to spend her idda in the house ofUmm Sharik. Then he said, "This is a woman whom my companions visit.Spend the idda in the house of Ibn Umm Maktum. He is a blind man andyou can undress at his home. When you are free to remarry, tell me." She continued, "When I was free to remarry, I mentioned tohim that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham had asked forme in marriage. The Messenger of Allah, may Allah bless him and granthim peace, said, 'As for Abu Jahm, he never puts down his stick fromhis shoulder (i.e. he is always travelling), and as for Muawiya he isa poor man with no property. Marry Usama ibn Zayd.' I objected to himand he said, 'Marry Usama ibn Zayd,' so I married him, and Allah putgood in it and I was content with him." Yahya related to me from Malik that he heard Ibn Shihab say, "Thewoman who is absolutely divorced does not leave her house until she isfree to remarry. She has no maintenance unless she is pregnant. Inthat circumstance the husband spends on her until she gives birth." Malik said, "This is what is done among us." Malik said, "What is done among us when a slave divorces a slave-girl when she is a slave and then she is set free, is that her idda isthe idda of a slave-girl, and her being set free does not change heridda whether or not he can still return to her. Her idda is notaltered." Malik added, "The hadd-punishment which a slaveincurs is the same as this. When he is freed after he has incurred butbefore the punishment has been executed, his hadd is the hadd of theslave." Malik said, "When a free man divorces a slave-girlthree times, her idda is two periods. When a slave divorces a freewoman twice, her idda is three periods." Malik said about aman who had a slave-girl as a wife, and he bought her and set herfree, ''Her idda is the idda of a slave-girl, i.e. two periods, aslong as he has not had intercourse with her. If he has had intercoursewith her after buying her and before he set her free, she only has towait until one period has passed . " Yahya related to me from Malik from Yahya ibn Said and from Yazidibn Abdullah ibn Qusayt al-Laythi that Said ibn al-Musayyab said,''Umar ibn al-Khattab said, 'If a woman is divorced and has one or twoperiods and then stops menstruating, she must wait nine months. If itis clear that she is pregnant, that is that. If not, she must do anidda of three months after the nine, and then she is free to marry.' " Yahya related to me from Malik from Yahya ibn Said that Saidibn al-Musayyab said, "Divorce belongs to men, and women have theidda." Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab said, "The idda of the woman who bleeds constantly is ayear." Malik said, "What is done among us about a divorcedwoman whose periods stop when her husband divorces her is that shewaits nine months. If she has not had a period in them, she has anidda of three months. If she has a period before the end of the threemonths, she accepts the period. If another nine months pass withouther having a period, she does an idda of three months. If she has asecond period before the end of those three months, she accepts theperiod. If nine months then pass without a period, she does an idda ofthree months. If she has a third period, the idda of the period iscomplete. If she does not have a period, she waits three months, andthen she is free to marry. Her husband can return to her before shebecomes free to marry unless he made her divorce irrevocable." Malik said, "The sunna with us is that when a man divorces hiswife and has the option to return to her, and she does part of heridda and then he returns to her and then parts from her before he hashad intercourse with her, she does not add to what has passed of heridda. Her husband has wronged himself and erred if he returned to herand had no need of her." Malik said, "What is done among usis that if a woman becomes a muslim while her husband is a kafir andthen he becomes muslim, he is entitled to her as long as she is in heridda. If her idda is finished, he has no access to her. If heremarries her after the end of her idda, however, that is not countedas divorce. Islam removed her from him without divorce." Yahya related to me from Malik that he had heard that Ali ibn AbiTalib said about the two arbiters about whom Allah, the Exalted,said,"If you fear a breach between the two, appoint an arbiter fromhis people, and an arbiter from her people. If they desire to setthings aright, Allah will make peace between them, surely Allah isKnowing, Aware," (Sura 4 ayat 35), that the separation and the joiningwere overseen by the two of them. Malik said, "That is thebest of what I have heard from the people of knowledge. Whatever thetwo arbiters say concerning separation or joining is taken intoconsideration " Yahya related to me from Malik that he had heard that Umar ibnal-Khattab, Abdullah ibn Umar, Abdullah ibn Masud, Salim ibn Abdullah,al-Qasim ibn Muhammad, Ibn Shihab,and Sulayman ibn Yasar all said, "Ifa man has vowed to divorce his wife before marrying her and then hebreaks his vow, divorce is obligatory for him when he marries her." Yahya related to me from Malik that he had heard that Abdullah ibn Masud said that there was nothing binding on someone who said, "Every woman I marry is divorced," if he did not name a specific tribe or woman.Malik said, "That is the best of what I have heard."Malik said about a man saying to his wife, "You are divorced, and every woman I marry is divorced," or that all his property would be sadaqa if he did not do such-and-such, and he broke his oath: "As for his wives, it is divorce as he said, and as for hisstatement, 'Every woman I marry is divorced', if he did not name aspecific woman, tribe, or land, or such, it is not binding on him andhe can marry as he wishes. As for his property, he gives a third of itaway as sadaqa." Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab said, "If someone marries a woman and cannot have intercoursewith her, there is a deadline of a year set for him to haveintercourse with her. If he does not, they are separated." Yahya related to me from Malik that he had asked Ibn Shihab aboutwhether the deadline was set from the day he had married her, or fromthe day she raised the question before the Sultan. He said. 'It isfrom the day she presents it before the Sultan.' Malik said,"As for someone who has intercourse with his wife and then isprevented from intercourse with her, I have not heard that there is adeadline set for him or that they are separated." Yahya related to me from Malik that Ibn Shihab said, "I haveheard that the Messenger of Allah, may Allah bless him and grant himpeace, said to a man from Thaqif who had ten wives when he becamemuslim, 'Take four and separate from the rest.' " Yahya related to me from Malik that Ibn Shihab said that he hadheard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf,Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarallsay, that they had heard Abu Hurayra say that he had heard Umar ibnal-Khattab say, "If a woman is divorced by her husband once or twice,and he leaves her until she is free to marry and she marries anotherhusband and he dies or divorces her, and then she marries her firsthusband, she is with him according to what remains of her divorce." Malik said, "That is what is done among us and there is nodispute about it." Yahya related to me from Malik from Thabit ibn al-Ahnaf that hemarried an umm walad of Abd ar-Rahman ibn Zayd ibn al-Khattab. Hesaid, "Abdullah ibn Abd ar-Rahman ibn Zayd ibn al-Khattab summoned meand I went to him. I came in upon him and there were whips and twoiron fetters placed there, and two of his slaves whom he had made tosit there. He said, 'Divorce her, or by He by whom one swears, I willdo such-and-such to you!' I said, 'It is divorce a thousand times.'Then I left him and I saw Abdullah ibn Umar on the road to Makka and Itold him about my situation. Abdullah ibn Umar was furious, and said,'That is not divorce, and she is not haram for you, so return to yourhome.' I was still not at ease so I went to Abdullah ibn az-Zubayr whowas the Amir of Makka at that time. I told him about my situation andwhat Abdullah ibn Umar had said to me. Abdullah ibn az-Zubayr said tome, 'She is not haram for you, so return to your home,' and he wroteto Jabir ibn al-Aswad az-Zuhra who was the Amir of Madina and orderedhim to punish Abdullah ibn Abdar-Rahman and to have him leave me andmy family alone. I went to Madina, and Safiyya, the wife of Abdullahibn Umar fitted out my wife so that she could bring her to my housewith the knowledge of Abdullah ibn Umar. Then I invited Abdullah ibnUmar on the day of my wedding to the wedding feast and he came." Yahya related to me from Malik that Abdullah ibn Dinar said, "Iheard Abdullah ibn Umar recite from the Qur'an, 'Prophet! When youdivorce women, divorce them at the beginning of their idda.'" Malik said, "He meant by that, to make one pronouncement of divorce atthe beginning of each period of purity." Yahya related to me from Malik from Hisham ibn Urwa that hisfather said, "It used to be that a man would divorce his wife and thenreturn to her before her idda was over, and that was alright, even ifhe divorced her a thousand times. The man went to his wife and thendivorced her and when the end of her idda was in sight, he took herback and then divorced her and said, 'No! By Allah, I will not go toyou and you will never be able to marry again.' Allah, the Blessed,the Exalted, sent down, 'Divorce is twice, then honourable retentionor setting free kindly.' People then turned towards divorce in a newlight from that day whether or not they were divorced or notdivorced." Yahya related to me from Malik from Thawr ibn Zayd ad-Dili thatAllah, the Blessed, the Exalted, sent down about a man who divorcedhis wife and then returned to her while he had no need of her and didnot mean to keep her so as to make the idda period long for her bythat in order to do her harm, "Do not retain them by force, totransgress. Whoever does that has wronged himself." (Sura 2 ayat 231).Allah warns them by that ayat. Yahya related to me from Malik that he had heard that Said ibnal-Musayyab and Sulayman ibn Yasar were asked about a man who divorcedwhen he was drunk. They said, "When a drunk man divorces, his divorceis allowed. If he kills, he is killed for it." Malik said,"That is what is done among us." Yahya related to me fromMalik that he had heard that Said ibn al-Musayyab said, "If a man doesnot find the means to spend on his wife, they are to be separated . " Malik said, "That is what I saw the people of knowledge inour city doing." 29.30 Idda of Widows when Pregnant Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qaysthat Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and AbuHurayra were asked when a pregnant woman whose husband had died couldremarry. Ibn Abbas said, "At the end of two periods." Abu Hurayrasaid, "When she gives birth, she is free to marry." Abu Salama ibn Abdar-Rahman visited Umm Salama, the wife of the Prophet, may Allah blesshim and grant him peace, and asked her about it Umm Salama said,''Subaya al-Aslamiya gave birth half a month after the death of herhusband, and two men asked to marry her. One was young and the otherwas old. She preferred the young man and so the older man said, 'Youare not free to marry yet.' Her family were away and he hoped thatwhen her family came, they would give her to him. She went to theMessenger of Allah, may Allah bless him and grant him peace, and hesaid, 'You are free to marry, so marry whomever you wish.' " Yahya related to me from Malik from Nafi that Abdullah ibn Umarwas asked about a woman whose husband died while she was pregnant, andhe said, "When she gives birth, she is free to marry." A man of theAnsar who was with him told him that Umar ibn al-Khattab had said,"Had she given birth while her husband was still on his bed, unburied,she would be free to marry." Yahya related to me from Malik from Hisham ibn 'Urwa from hisfather that al-Miswar ibn Makhrama told him that Subaya al-Aslamiyagave birth a few nights after the death of her husband. The Messengerof Allah, may Allah bless him and grant him peace, said to her, "Youare free to marry, so marry whomever you wish." Yahya related to me from Malik from Yahya ibn Said from Sulaymanibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibnAwf differed on the question of a wornan who gave birth a few nightsafter the death of her husband. Abu Salama said, "When she gives birthto the child she is carrying, she is free to marry." Ibn Abbas said,"At the end of two periods." Abu Hurayra came and said, "I am with mynephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibnAbbas to Umm Salama, the wife of the Prophet, may Allah bless him andgrant him peace, to ask her about it. He came back and told them thatshe had said that Subaya al-Aslamiya had given birth a few nightsafter the death of her husband, and she had brought the matter to theMessenger of Allah, may Allah bless him and grant him peace, and hehad said, "You are free to marry, so marry whomever you wish." Malik said, "This is how the people of knowledge here continue toact." 29.31 Widows Remaining in Their Houses until Free toMarry Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibnUjra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furayabint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed herthat she went to the Messenger of Allah, may Allah bless him and granthim peace, and asked to be able to return to her people among the BanuKhudra since her husband had gone out in search of some of his slaveswho had run away and he had caught up with them near al-Qudum, (whichis 6 miles from Madina), and they had killed him. She said,"I asked the Messenger of Allah, may Allah bless him and grant himpeace, if I could return to my people in the Banu Khudra, as myhusband had not left me in a dwelling which belonged to him, and hadleft me no maintenance. The Messenger of Allah, may Allah bless himand grant him peace, said,'Yes.' So I left. When I was in thecourtyard, the Messenger of Allah, may Allah bless him and grant himpeace, called me or summoned me, and I answered him. He said, 'Whatdid you say?' I repeated the story about my husband. He said, 'Stay inyour house until what is written reaches its term.' I did the idda inthe house for four months and ten days." She added, "WhenUthman ibn Affan sent for me, I told him that, and he followed it andmade decisions by it." Yahya related to me from Malik from Humayd ibn Qays al-Makki fromAmr ibn Shuayb from Said ibn al-Musayyab that Umar ibn al-Khattab sentback widows from the desert and prevented them from doing the hajj. Yahya related to me from Malik from Yahya ibn Saqd that hehad heard that as-Sa'ib ibn Khabbab died, and his wife went toAbdullah ibn Umar and mentioned to him that her husband had died andmentioned some land which they had at Qanah, (a district on theoutskirts of Madina), and asked him if it would be alright for her tostay overnight there. He forbade her to do so. So, she went out beforedawn from Madina and spent the whole day on their land, but whenevening came, she spent the night in her house. Yahya related to me from Malik that Hisham ibn Urwa said about aBedouin woman whose husband died, that she was to stay where herpeople stayed. Malik said, "This is what is done among us." Yahya related to me from Malik from Nafi that Abdullan ibn Umarsaid, "The only place a woman whose husband has died and a woman whois absolutely divorced can spend the night is in their houses." Yahya related to me from Malik that Yahya ibn Said said that hehad heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malikseparated some men and their wives who were slave-girls who had bornechildren to men who had died, because they had married them after oneor two menstrual periods. He separated them until they had done anidda of four months and ten days. Al-Qasim ibn Muhammad said, "Glorybe to Allah! Allah says in His Book, 'Those of you who die, leavingwives, they are not wives.' " Malik related to me from Nafi that Abdullah ibn Umar said, "Theidda of an umm walad when her master dies is one menstrual period." Malik said, "This is what isdone among us." Malik added, "If she does not have amenstrual period, her idda is three months." Yahya related to me from Malik that he had heard that Said ibnal-Musayyab and Sulayman ibn Yasar said, "The idda of a slave-girlwhen her husband dies is two months and five days." Yahya related to me the like of that from Malik from Ibn Shihab. Malik said, about a slave who divorced a slave-girl but didnot make it absolute, "He can return to her. If he then dies while sheis still in the idda from her divorce, she does the idda of a slave-girl whose husband dies, and it is two months and five days. If shehas been set free and he can return to her, and she does not choose toseparate after she has been set free, and he dies while she is in theidda from the divorce, she does the idda of a free woman whose husbandhas died, four months and ten days. That is because the idda ofwidowhood befell her while she was free, so her idda is the idda of afree woman." Malik said, "That is what is done among us." Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahmanfrom Muhammad ibn Yahya ibn Habban that Ibn Muhayriz said, "I wentinto the mosque and saw Abu Said al-Khudri and so I sat by him andasked him about coitus interruptus. Abu Said al-Khudri said, 'We wentout with the Messenger of Allah, may Allah bless him and grant himpeace, on the expedition to the Banu al-Mustaliq. We took some Arabsprisoner, and we desired the women as celibacy was hard for us. Wewanted the ransom, so we wanted to practise coitus interruptus. Wesaid, 'Shall we practise coitus interruptus while the Messenger ofAllah, may Allah bless him and grant him peace, is among us before weask him?' We asked him about that and he said, 'You don't have to notdo it. There is no self which is to come into existence up to the Dayof Rising but that it will come into existence.' " Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umaribn Ubaydullah from Amir ibn Sad ibn Abi Waqqas from his father thathe used to practise coitus interruptus. Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umaribn Ubaydullah from Ibn Aflah, the mawla of Abu Ayyub al-Ansari froman umm walad of Abu Ayyubal-Ansari that he practised coitusinterruptus. Yahya related to me from Malik from Nafi that Abdullah ibn Umardid not practise coitus interruptus and thought that it wasdisapproved. Yahya related to me from Malik from Damra ibn Said al-Mazini fromal-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabitwhen Ibn Fahd came to him. He was from the Yemen. He said, "Abu Said!I have slave-girls. None of the wives in my keep are more pleasing tome than them, and not all of them please me so much that I want achild by them, shall I then practise coitus interruptus?" Zayd ibnThabit said, "Give an opinion, Hajjaj!" "I said, 'May Allah forgiveyou! We sit with you in order to learn from you!' He said, 'Give anopinion! 'I said, 'She is your field, if you wish, water it, and ifyou wish, leave it thirsty. I heard that from Zayd.' Zayd said, 'Hehas spoken the truth.' " Yahya related to me from Malik from Humayd ibn Qays al-Makki thata man called Dhafif said that Ibn Abbas was asked about coitusinterruptus. He called a slave-girl of his and said, "Tell them." Shewas embarrassed. He said, "It is alright, and I do it myself." Malik said, "A man does not practise coitus interruptus with afree woman unless she gives her permission. There is no harm inpractising coitus interruptus with a slave-girl without herpermission. Someone who has someone else's slave-girl as a wife, doesnot practise coitus interruptus with her unless her people give himpermission." Yahya related to me from Malik from Abdullah ibn Abi Bakr ibnMuhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint AbiSalama related these three traditions to him. Zaynab said, "I visitedUmm Habiba, the wife of the Prophet, may Allah bless him and grant himpeace, when her father Abu Sufyan ibn Harb had died. Umm Habiba calledfor a yellowy perfume perhaps khaluq or something else. She rubbed theperfume first on a slave-girl and she then wiped it on the sides ofher face and said, 'By Allah! I have no need of perfume but I heardthe Messenger of Allah, may Allah bless him and grant him peace, say,'It is not halal for a woman who trusts in Allah and the Last Day toabstain from adornment in mourning for someone who has died, for morethan three nights, except for four months and ten days for a husband.'" Zaynab said, "I went to the house of Zaynab bint Jahsh, the wifeof the Prophet, may Allah bless him and grant him peace, when herbrother had died. She called for perfume and put some on and said, 'ByAllah! I have no need of perfume, but I heard the Messenger of Allah,may Allah bless him and grant him peace, say, 'It is not halal for awoman who trusts in Allah and the Last Day to abstain from adornmentin mourning for someone who has died for more than three nights,except for four months and ten days for a husband.' " Zaynab said, "I heard my mother, Umm Salama, the wife of theProphet, may Allah bless him and grant him peace, say that a womancame to the Messenger of Allah, may Allah bless him and grant himpeace, and said, 'Messenger of Allah! My daughter's husband died, andher eyes are troubling her, can she put kohl on them?' The Messengerof Allah, may Allah bless him and grant him peace, said, 'No' two orthree times. Then he said, 'It is only four months and ten days. Inthe Jahiliyya, none of you threw away the piece of dung until a yearhad passed.' " Humayd ibn Nafi said, "I asked Zaynab toexplain what 'throwing away the piece of dung at the end of a year'meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, shewent into a small tent and dressed in the worst of clothes. She didnot touch perfume or anything until a year had passed. Then she wasbrought an animal - a donkey, a sheep, or a bird, and she would breakher idda with it, by rubbing her body against it (taftaddu). Rarelydid she break her idda with anything (by rubbing herself against it)but that it died. Then she would come out and would be given a pieceof dung. She would throw it away and then return to whatever shewished of perfumes or whatever.' " Malik explained,'Taftaddu' means to wipe her skin with it in the same way as with ahealing charm." Yahya related to me from Malik from Nafi from Safiyya bint AbiUbayd from A'isha and Hafsa, the wives of the Prophet, may Allah blesshim and grant him peace, that the Messenger of Allah, may Allah blesshim and grant him peace, said, "It is not halal for a woman inmourning for someone who has died, if she trusts in Allah and the LastDay, to abstain from adornment for more than three nights, except fora husband." Yahya related to me from Malik that he had heard that Umm Salama,the wife of the Prophet, may Allah bless him and grant him peace, saidto a woman in mourning for her husband whose eyes were troubling herand the pain had become very strong, "Apply jala kohl at night andwipe it off in the day." Yahya related to me from Malik that he had heard that Salim ibnAbdullah and Sulayman ibn Yasar said that if a woman whose husband haddied feared that an inflammation of her eyes might affect her sight orthat some complaint might befall her, she should put kohl on and seeka remedy with kohl or some other cure even if it had perfume in it. Malik said, "If there is a necessity, the deen of Allah isease." Yahya related to me from Malik from Nafic that Saffiyya bint AbiUbayd suffered from an eye-complaint while she was in mourning for herhusband, Abdullah ibn Umar. She did not apply kohl until her eyesalmost had ramas (a dry white secretion in the corners of the eye). Malik said, "A woman whose husband has died should anoint hereyes with olive oil and sesame oil and the like of that since there isno perfume in it." Malik said, "A woman in mourning for herhusband should not put on any jewellery - rings, anklets, or such-like, neither should she dress in any sort of colourful, stripedgarment unless it is coarse. She should not wear any cloth dyed withanything except black, and she should only dress her hair with thingslike lotus-tree leaves which do not dye the hair." 108 Yahya related to me from Malik that he had heard that theMessenger of Allah, may Allah bless him and grant him peace, visitedUmm Salama while she was in mourning for Abu Salama and she had putaloes on her eyes. He said, "What is this, Umm Salama?" She said, "Itis only aloes, Messenger of Allah." He said, "Put it on at night andwipe it off in the daytime." Malik said, "The mourning of ayoung girl who has not yet had a menstrual period takes the same formas the mourning of one who has had a period. She avoids what a maturewoman avoids if her husband dies." Malik said, "A slave-girlmourns her husband when he dies for two months and five nights likeher idda.'' Malik said, "An umm walad does not have to mournwhen her master dies, and a slave-girl does not have to mourn when hermaster dies. Mourning is for those with husbands." Yahya related to me from Malik that he had heard that Umm Salama,the wife of the Prophet, may Allah bless him and grant him peace,said, "A mourning woman can rub her head with lotus leaves and oliveoil.''