Divorce (Kitab Al-Talaq)

كتاب الطلاق

Chapter 27: Regarding Li'an (Mutual Cursing)

The tradition mentioned above has also been transmitted by Sahl bin Sa’d Al Sa’idi through a different chain of narrators. This version adds the child was attributed to its mother.

Sahl bin Sa’ad said “The version of Musaddad has “I witnessed the invoking of curses by the two spouses during the life time of the Apostle of Allaah(ﷺ) when I was fifteen years old. When they finished invoking curses, the Apostle of Allaah(ﷺ) separated them from each other. Here ends the version of Musaddad. Others said “He was present when the Prophet (ﷺ) separated the spouses who invoked curses on each other. The man (Sahl) said “I shall have lied against her, Apostle of Allaah(ﷺ) if I keep her. Abu Dawud said “Some narrators did not mention the word ‘alaiha(against her).” Abu Dawud said “No one supported Ibn ‘Uyainah that he separated the spouses who invoked curses.”

‘Abd Allah (bin Mas’ud) said “We were in the mosque on the night of a Friday, suddenly a man from the Ansar entered the mosque”. And said “If a man finds a man along with wife and declares (about her adultery) you will flog him. Or if he kills you, you will kill him or if keeps silence he will keep silence in anger. I swear by Allaah, I shall ask the Apostle of Allaah(ﷺ) about it”. On the next day he came to the Apostle of Allaah(ﷺ) and said “If a man finds a man along with wife and declares (about her adultery) you will flog him. Or if he kills you, you will kill him or if keeps silence he will keep silence in anger.” He said “O Allaah, disclose”. He kept on praying until the verses regarding invoking curses (li’an) came down “As for those who accuse their wives but have no witnesses except themselves.” So, the man was first involved in this trial among the people. He and his wife came to the Apostle of Allaah(ﷺ). They invoked curses on each other. The man bore witness before Allaah four times that the thing he said was indeed true. He then invoked curse of Allaah on him for the fifth time if he was a liar. She then wanted to invoke curses of Allaah on him. The Prophet (ﷺ) said “Do not do that. Bust she refused and did so (i.e., invoked curses). When they returned he said “Perhaps she will give birth to a black child with curly hair.

Ibn ‘Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet (ﷺ) of having committed adultery with Sharik bin Sahma’”. The Prophet (ﷺ) said “Produce evidence or you must receive punishment on your back.” He said “Apostle of Allaah(ﷺ) when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet (ﷺ) merely said “You must produce evidence or you must receive punishment on your back.” Hilal then said “By Him Who sent you with the Truth, I am speaking Truly. May Allaah send down something which will free my back from punishment. Then the following Qur’anic verses were revealed “And those who make charges against their spouses but have no witnesses except themselves” reciting till he reached “one of those who speak the truth”. The Prophet (ﷺ) then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet (ﷺ) was saying “Allaah knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time saying that Allaah’s anger be upon her if he was one of those who spoke the truth, they said to her “this is the deciding one”. Ibn ‘Abbas said “She then hesitated and drew back so that we thought the she would withdraw(what she said) “Look and see whether she gives birth to a child with eyes looking as if they have antimony in them, wide buttocks and fat legs, if she did. Sharik bin Sahma’ will be its father. She then gave birth to a child of a similar description. The Prophet (ﷺ) thereupon said “If it were not for what has already been stated in Allaah’s book I would have dealt severely with her.” Abu Dawud said “This tradition has been transmitted by the people of Medina alone. They narrated the tradition of Hilal on the authority of Ibn Bashshar.”

Narrated Abdullah ibn Abbas

When the Prophet (ﷺ) ordered a man and his wife to invoke curses on each other, he ordered a man to put his hand on his mouth when he came to the fifth utterance, saying that it would be the deciding one.

Chapter 18: Regarding Khul'

Amrah, daughter of 'Abd al-Rahman ibn Sa'd ibn Zurarah, reported on the authority of Habibah, daughter of Sahl al-Ansariyyah

The Messenger of Allah (ﷺ) said: Who is this? She replied: I am Habibah, daughter of Sahl. He asked: What is your case? She replied: I and Thabit ibn Qays, referring to her husband, cannot live together.

When Thabit ibn Qays came, the Messenger of Allah (ﷺ) said to him: This is Habibah, daughter of Sahl, and she has mentioned (about you) what Allah wished to mention.

Habibah said: Messenger of Allah, all that he gave me is with me.

The Messenger of Allah (ﷺ) said to Thabit ibn Qays: Take it from her. So he took it from her, and she lived among her people (relatives).

Narrated Aisha, Ummul Mu'minin

Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to the Prophet (ﷺ) after morning, and complained to him against her husband. The Prophet (ﷺ) called on Thabit ibn Qays and said (to him): Take a part of her property and separate yourself from her. He asked: Is that right, Messenger of Allah? He said: Yes. He said: I have given her two gardens of mine as a dower, and they are already in her possession. The Prophet (ﷺ) said: Take them and separate yourself from her.

Narrated Abdullah ibn Abbas

The wife of Thabit ibn Qays separated herself from him for a compensation. The Prophet (ﷺ) made her waiting period a menstrual course.

Abu Dawud said: This tradition has been transmitted by 'Abd al-Razzaq from Ma'mar from 'Amr b. Muslim from 'Ikrimah from the Prophet (ﷺ) in a mursal form (i.e. missing the link of the Companion).

Chapter 19: Regarding A Slave Woman Who Was Married To Slave A Or Free Man And Then Freed

While relating the tradition about Barirah A’ishah said “her husband was a slave, so the Prophet(ﷺ) gave her choice. She chose herself. Had he been a free man, he would not given her choice.”

Chapter 21: When Will She Have Such An Option ?

Narrated Aisha, Ummul Mu'minin

Barirah was emancipated, and she was the wife of Mughith, a slave of Aal AbuAhmad. The Messenger of Allah (ﷺ) gave her choice, and said to her: If he has intercourse with you, then there is no choice for you.

Chapter 27: Regarding Li'an (Mutual Cursing)

‘Abbas bin Sahl reported on the authority of his father “The Prophet (ﷺ) said to ‘Asim bin ‘Adl. Keep the woman with you till she begets the child.

Sahl bin Sa’d Al Sa’idi said “I attended the invoking of the curses with the Messenger of Allah (ﷺ) when I was fifteen. He then narrated the rest of the tradition. In this version he said “She then came out pregnant and the child was ascribed to its mother.

Chapter 17: Regarding Az-Zihar

A similar tradition has been transmitted by Ibn ‘Abbas from the Prophet (ﷺ) through a different chain of narrators. This version does not mention the word “shin”.

A tradition similar to that of Sufyan has been transmitted by ‘Ikrimah from the Prophet(ﷺ) through a different chain of narrators.

Abu Dawud said “I heard Muhammad bin Isa narrating this tradition who said Mu’tamar narrated it to us. And he (Mu’tamar) said “ I heard Al Hakam bin Aban narrating this tradition. He did not mention the name of Ibn ‘Abbas. Abu Dawud said “Al Hussain bin Huraith wrote to me saying “Al Fadl bin Musa narrated from Ibn ‘Abbas to the same effect from the Prophet(ﷺ).

Chapter 18: Regarding Khul'

Narrated Thawban

The Prophet (ﷺ) said: If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her.

Chapter 19: Regarding A Slave Woman Who Was Married To Slave A Or Free Man And Then Freed

Ibn ‘Abbas said “Mughith was a slave.” He said “Apostle of Allaah (ﷺ) make intercession for me to her (Barirah)”. The Apostle of Allaah (ﷺ) said “O Barirah fear Allaah. He is your husband and father of your child”. She said “Apostle of Allaah (ﷺ) do you command me for that? He said No, I am only interceding. Then tears were falling down on his (her husband’s) cheeks. The Apostle of Allaah (ﷺ) said to ‘Abbas “Are you not surprised with the love of Mughith for Barirah and her hatred for him.”

Chapter 20: Who So Said That He Was A Free Man

A’ishah said “Barirah’s husband was a free man when she was emancipated. She was given choice. She said “I do not like to remain with him. I have such and such (grievances)”

Chapter 23: If One Of The Two Who Are Married Accepts Islam

Narrated Abdullah ibn Abbas

A man came after embracing Islam during the time of the Messenger of Allah (ﷺ). Afterwards his wife came after embracing Islam. He said: Messenger of Allah, she embraced Islam along with me; so restore her to me.

Chapter 25: Regarding A Man Who Was Married To More Than Four Women, Or To Two Sisters, And Then He Accepts Islam

Narrated Al-Harith ibn Qays al-Asadi

I embraced Islam while I had eight wives. So I mentioned it to the Prophet (ﷺ). The Prophet (said) said: Select four of them.

Abu Dawud said: This tradition has also been narrated to us by Ahmad b. Ibrahim from Hushaim. He said: Qais b. al-Harith instead of al-Harith b. Qais. Ahmad b. Ibrahim said: This is correct, i.e. Qais b. al-Harith.