Divorce (Kitab Al-Talaq)
كتاب الطلاق
Chapter 9: Regarding A Divorce That Was Said In Jest
The Prophet (ﷺ) said: There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final)
Chapter 10: The Abrogation Of Taking Back A Wife After The Third Divorce
Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah hath created in their wombs. This means that if a man divorced his wife he had the right to take her back in marriage though he had divorced her by three pronouncements. This was then repealed (by a Qur'anic verse). Divorce is only permissible twice.
Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (ﷺ) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (ﷺ) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (ﷺ) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."
Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (ﷺ) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (ﷺ) made it a single divorce.
Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.” Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.” Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”
Abu Dawud said “The opinion of Ibn ‘Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from ‘Abd Ar Razzaq from Ma’mar from Al Zuhri from Abu Salamah din Abd Al Rahman bin ‘Awf and Muhammad bin ‘Abd Al Rahman bin Thawban from Muhammad bin Iyas that Ibn ‘Abbas, Abu Hurairah and ‘Abd Alah bin ‘Amr bin Al ‘As were asked about a virgin who is divorced three times by her husband. They all said “She is not lawful for him until she marries a man other than her former husband.” Abu Dawud said “Malik narrated from Yahya bin Sa’id from Bukair bin Al Ashajj from Mu’awiyah bin Abi ‘Ayyash who was present on this occasion when Muhammad bin Iyas bin Al Bukair came to Ibn Al Zubair and Asim in ‘Umar. He asked them about this matter. They replied “Go to Ibn ‘Abbas and Abu Hurairah, I have left them with A’ishah (may Allaah be pleased with her). He then narrated the rest of the tradition.” Abu Dawud said “The statement of Ibn ‘Abbas goes “The divorce by three pronouncements separates the wife from husband whether the marriage has been consummated or not, the previous husband is not lawful for her until she marries a man other than her husband”. This statement is like the tradition which deals with the exchange of money. In this tradition the narrator said “Ibn ‘Abbas withdrew his opinion.”"
Tawus said A man called Abu Al Sahba used to ask Ibn ‘Abbas questions frequently. He asked “Do you know that when a man divorced his wife by three pronouncement before sexual intercourse with her, they (the people) made it a single divorce during the time of the Apostle of Allaah(ﷺ), of Abu Bakr and in the early phase of the caliphate of ‘Umar?” Ibn “Abbas said “Yes, when a man divorced his wife by three pronouncement before sexual intercourse they made it a single divorce during the time of the Apostle of Allaah(ﷺ), of Abu Bakr and in the early phase of the caliphate of ‘Umar. When he saw that the people frequently divorced (by three pronouncements) he said “Make them operative on them (i.e., on women)”.
Abu al-Sahba' said to Ibn Abbas: Do you know that a divorce by three pronouncements was made a single one during the time of the Prophet (ﷺ), and of AbuBakr and in the early days of the caliphate of Umar? He replied: Yes.
Chapter 11: Regarding Statements That Equate To Divorce, And Intentions
‘Umar bin Al Khattab reported the Apostle of Allaah(ﷺ) as saying “Actions are to be judged only by intentions and a man will have only what he intended. When one’s emigration is to Allaah and His Apostle, his emigration is to Allaah and His Apostle but his emigration is to a worldly end at which he aims or to a woman whom he marries, his emigration is to that for which he emigrated.
‘Abd Allah bin Ka’b reported “I heard Ka’ab bin Malik. He then narrated his story about the battle of Tabuk.(Narrating the story) he added “When forty out of fifty days passed”, the messenger of the Apostle of Allaah(ﷺ) came and said “The Apostle of Allaah(ﷺ) has commanded you to keep away from your wife. He said “So, I (Ka’b bin Malik)” said “Should I divorce her or what should I do? He said “No, but only keep away from her and do not go near her”. So, I said to my wife “Go to your people and live with them until Allaah, the exalted makes a decision in this matter.”
Chapter 12: Regarding Allowing The Wife To Choose
A’ishah said The Apostle of Allaah(ﷺ) gave us our choice and we chose him so that was not reckoned anything (i.e., divorce)
Chapter 13: Regarding The Phrase: 'Your Matter Is In Your Hands'
I asked Ayyub: Do you know anyone who narrates the tradition narrated by Al-Hasan about uttering the words (addressing wife). "Your matter is in your hand"? He replied: No, except something similar transmitted by Qatadah from Kathir, the client of Samurah, from AbuSalamah on the authority of AbuHurayrah from the Prophet (ﷺ). Ayyub said: Kathir then came to us; so I asked him (about this matter). He replied: I never narrated it. I mentioned it to Qatadah who said: Yes (he narrated it) but he forgot.
Qatadah reported on the authority of Al Hasan the uttering of the words “Your matter is in your hand” amounts to three pronouncements of divorce.
Chapter 14: Regarding An Irrevocable (Al-Battah) Divorce
Nafi' bun Ujair bin Abd Yazid bin Ruknah reported Ruknah bin ‘Abd Yazid divorced his wife Suhaimah absolutely. The Prophet (ﷺ) was informed about this matter. He said to him (the Prophet) I swear by Allaah that I meant it to be only a single utterance of divorce. The Apostle of Allaah(ﷺ) said “I swear by Allaah that I meant it to be only a single divorce. The Apostle of Allaah(ﷺ) restored her to him, Then he divorced her the second time in the time of ‘Umar and the third time of ‘Uthman. Abu Dawud said “This tradition contains the words of Ibrahim in its beginning and the words of Ibn Al Sarh in the end.
The tradition mentioned above has also been transmitted by Rukanah bin Yazid from the Prophet (ﷺ) through a different chain of narrators.
Abu Dawud said: This tradition is sounder than that of Ibn Juraij that Rukanah divorced his wife by three pronouncements, for they are the members of his family and they are more aware for him. The tradition of Ibn Juraij has been narrated by some children of Abu Rafi' from 'Ikrimah on the authority of Ibn 'Abbas.
Chapter 15: Regarding Whisperings Of Divorce
Abu Hurairah reported the Prophet (ﷺ) as saying “Allah has ignored for my community what comes to their mind, so long as they do not act or pronounce words to that effect.”
Chapter 16: Regarding A Man Calling His Wife: "My Sister"
A man said to his wife: O my younger sister! The Messenger of Allah (ﷺ)said: Is she your sister? He (the Prophet disliked it and prohibited saying so.
Abu Tamimah reported from a man of his tribe “The Prophet (ﷺ) heard a man say his wife “O my younger sister! So he prohibited him (addressing his wife in this manner) Abu Dawud said “This tradition has also been transmitted by ‘Abd Al Aziz bin Al Mukhtar from Khalid from Abu ‘Uthman from Abu Thamimah from the Prophet (ﷺ). This has also been narrated by Shu’bah from Khalid from a man on the authority of Abu Thamimah from the Prophet (ﷺ).
Abu Hurairah reported the Prophet(ﷺ) as saying Abraham(peace be upon him) never told a lie except on three occasions twice for the sake of Allaah. Allaah quoted his words (in the Qur’an) “I am indeed sick” and “Nay, this was done by - this is their biggest one”. Once he was passing through the land of a tyrant (king). He stayed there in a place. People went to the tyrant and informed him saying “A man has come down here; he has a most beautiful woman with him.” So he sent for him (Abraham) and asked about her. He said she is my sister. When he returned to her, he said “he asked me about you and I informed him that you were my sister. Today there is no believer except me and you. You are my sister in the Book of Allaah (i.e., sister in faith). So do not belie me before him. The narrator then narrated the rest of the tradition. Abu Dawud said “A similar tradition has also been narrated by Shu’aib bin Abi Hamza from Abi Al Zinad from Al A’raj on the authority of Abu Hurairah from the Prophet (ﷺ).
Chapter 17: Regarding Az-Zihar
I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.
I said: Go along with me to the Messenger of Allah (ﷺ).
They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.
He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.
He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.
He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq of dates.
I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.
He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (ﷺ) prosperity and good opinion. He has commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.