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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.
--------------------------------------------------------------------------------
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