Divorce

كتاب الطلاق

Chapter 3: Should a man tell his wife face to face that she is divorced

Narrated Sahl bin Sa`d

similarly as above (182).

Chapter 1: "O Prophet! When you divorce women, divorce them at their 'Idda and count their 'Idda."

{We counted it} He preserved it and its number, and the year of the Sunnah was divorced to divorce it with a pure one, and the witnesses will be witnessed.
Narrated `Abdullah bin `Umar

that he had divorced his wife while she was menstruating during the lifetime of Allah's Messenger (ﷺ) . `Umar bin Al-Khattab asked Allah's Messenger (ﷺ) about that. Allah's Messenger (ﷺ) said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."

Chapter 3: Should a man tell his wife face to face that she is divorced

Narrated Al-Awza

I asked Az-Zuhri, "Which of the wives of the Prophet (ﷺ) sought refuge with Allah from him?" He said "I was told by 'Urwa that `Aisha said, 'When the daughter of Al-Jaun was brought to Allah's Messenger (ﷺ) (as his bride) and he went near her, she said, "I seek refuge with Allah from you." He said, "You have sought refuge with The Great; return to your family."

Narrated Sahl and Abu Usaid

The Prophet (ﷺ) married Umaima bint Sharahil, and when she was brought to him, he stretched his hand towards her. It seemed that she disliked that, whereupon the Prophet (ﷺ) ordered Abu Usaid to prepare her and to provide her with two white linen dresses.

Chapter 2: Divorce during the menses is counted as one legal divorce.

Narrated Ibn `Umar

(Divorcing my wife during her menses) was counted as one legal divorce.

Chapter 3: Should a man tell his wife face to face that she is divorced

Narrated Abi Ghallab Yunus bin Jubair

I asked Ibn `Umar,"(What is said regarding) a man divorces his wife during her period?" He said, "Do you know Ibn `Umar? Ibn `Umar divorced his wife while she was menstruating. `Umar then went to the Prophet (ﷺ) and mentioned that to him. The Prophet (ﷺ) ordered him to take her back and when she became clean, he could divorce her if he wanted." I asked (Ibn `Umar), "Was that divorce counted as one legal divorce?" He said, "If one becomes helpless and foolish (will he be excused? Of course not). "

Chapter 2: Divorce during the menses is counted as one legal divorce.

Narrated Anas bin Seereen

Ibn `Umar said: "I divorced my wife while she was menstruating. `Umar mentioned that to the Prophet . The Prophet (ﷺ) said, (to my father), "Let your son take her back." I asked (Ibn `Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn `Umar said, "Of course." Narrated Yunus bin Jubair: Ibn `Umar said, "The Prophet (ﷺ) said to `Umar, 'Order him (Ibn `Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn `Umar said, "What do you think if someone becomes helpless and foolish?"

Chapter 3: Should a man tell his wife face to face that she is divorced

Narrated Abu Usaid

We went out with the Prophet (ﷺ) to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet (ﷺ) said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An- Nu`man bin Sharahil, and her wet nurse was with her. When the Prophet (ﷺ) entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet (ﷺ) raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet (ﷺ) came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family."

Chapter 4: To divorce one's wife thrice (at a time)

For God Almighty saying: {The divorce is two times, and it is a well -known, or with goodness.} Ibn al -Zubayr said in a sick person who divorced, I do not see that his death inherited. Al -Sha’abi said he inherited it. Ibn Shabra said. He married when the count is lost, he said yes, he said, I saw that if another husband dies, then he returned from that.
Narrated Sahl bin Sa`d As-Sa`idi

Uwaimir Al-`Ajlani came to `Asim bin Adi Al-Ansari and asked, "O `Asim! Tell me, if a man sees his wife with another man, should he kill him, whereupon you would kill him in Qisas, or what should he do? O `Asim! Please ask Allah's Messenger (ﷺ) about that." `Asim asked Allah's Messenger (ﷺ) about that. Allah's Apostle disliked that question and considered it disgraceful. What `Asim heard from Allah's Messenger (ﷺ) was hard on him. When he returned to his family, 'Uwaimir came to him and said "O `Asim! What did Allah's Messenger (ﷺ) say to you?" `Asim said, "You never bring me any good. Allah's Messenger (ﷺ) disliked to hear the problem which I asked him about." 'Uwaimir said, "By Allah, I will not leave the matter till I ask him about it." So 'Uwaimir proceeded till he came to Allah's Messenger (ﷺ) who was in the midst of the people and said, "O Allah's Messenger (ﷺ)! If a man finds with his wife another man, should he kill him, whereupon you would kill him (in Qisas): or otherwise, what should he do?" Allah's Messenger (ﷺ) said, "Allah has revealed something concerning the question of you and your wife. Go and bring her here." So they both carried out the judgment of Lian, while I was present among the people (as a witness). When both of them had finished, 'Uwaimir said, "O Allah's Messenger (ﷺ)! If I should now keep my wife with me, then I have told a lie". Then he pronounced his decision to divorce her thrice before Allah's Apostle ordered him to do so. (Ibn Shihab said, "That was the tradition for all those who are involved in a case of Lian."

Chapter 5: Giving option to the wives.

And God Almighty said: {Say to your wives, if you want the life of this world and its adornment, then you will be exalted, and you will be blessed.
Narrated `Aisha

Allah's Messenger (ﷺ) gave us the option (to remain with him or to be divorced) and we selected Allah and His Apostle . So, giving us that option was not regarded as divorce.

Chapter 12: Al-Khul' and how a divorce is given according to it

And God Almighty said: {And it is not permissible for you to take from what you have come Blinding without her heads. And Tawas said: {Unless they fear that the limits of God will not be evaluated. . Until you say, I will not be lined with you from a hook.
Narrated `Ikrima

that Jamila... Then he related the whole ,Hadith, (i.e. 199).

Chapter 15: A female slave, whose husband is a slave, has the option to keep him or leave him (when she is manumitted).

Narrated Ibn `Abbas

That was Mughith, the slave of Bani so-and-so, i.e., Barira's husband as if I am now looking at him following her (Barira) along the streets of Medina.

Chapter 16: The intercession of the Prophet (saws) for Barira's husband.

Narrated Ibn `Abbas

Barira's husband was a slave called Mughith, as if I am seeing him now, going behind Barira and weeping with his tears flowing down his beard. The Prophet (ﷺ) said to `Abbas, "O `Abbas ! are you not astonished at the love of Mughith for Barira and the hatred of Barira for Mughith?" The Prophet (ﷺ) then said to Barira, "Why don't you return to him?" She said, "O Allah's Messenger (ﷺ)! Do you order me to do so?" He said, "No, I only intercede for him." She said, "I am not in need of him."

Chapter 21: "Those who take an oath, not to have sexual relations with their wives, must wait four months."

Narrated Anas bin Malik

Allah's Messenger (ﷺ) took an oath that he would abstain from his wives, and at that time his leg had been sprained (dislocated). So he stayed in the Mashruba (an attic room) of his for 29 days. Then he came down, and they (the people) said, "O Allah's Messenger (ﷺ)! You took an oath to abstain from your wives for one month." He said, "The month is of twenty nine days."

Chapter 24: Using gestures to express the decision of divorce

Ibn Umar said, the Prophet, may God’s prayers and peace be upon him, said: “God is not tormented by the heart of the eyes, but it is tormented by this.” He referred to his tongue. He said, as the son of Malik, the Prophet, may God’s prayers and peace be upon him, said to me, that is, to take the half. And the names of the Prophet, may God’s prayers and peace be upon him, said in the eclipse, so I said to the people of what people did A verse, and she did with her heads to be blessed. And he said that the Prophet, may God’s prayers and peace be upon him, said to my father to Abu Bakr to advance. Ibn Abbas said, and the Prophet, may God’s prayers and peace be upon him, said. Abu Qatada said, the Prophet, may God’s prayers and peace be upon him, said in the hunting of the forbidden: “One of you commanded him to carry it.” They said no. He said, "So eat."
Narrated Abu Huraira

Abul Qasim (the Prophet (ﷺ) ) said, "There is an hour (or a moment) of particular significance on Friday. If it happens that a Muslim is offering a prayer and invoking Allah for some good at that very moment, Allah will grant him his request." (The sub-narrator placed the top of his finger on the palm of the other hand between the middle finger and the little one.)

Narrated `Abdullah bin Abi A'ufa

We were with Allah's Messenger (ﷺ) on a journey, and when the sun set, he said to a man, "Get down and prepare a drink of Sawiq for me." The man said, "O Allah's Messenger (ﷺ)! Will you wait till it is evening?" Allah's Messenger (ﷺ) again said, "Get down and prepare a drink of Sawiq." The man said, "O Allah's Apostle! Will you wait till it is evening, for it is still daytime. " The Prophet (ﷺ) again said, "Get down and prepare a drink of Sawiq." So the third time the man got down and prepared a drink of sawiq for him. Allah's Messenger (ﷺ) drank thereof and pointed with his hand towards the East, saying, "When you see the night falling from this side, then a fasting person should break his fast."

Narrated 'Abdullah bin Mas'ud

The Prophet (ﷺ) said, "The call (or the Adhan) of Bilal should not stop you from taking the Suhur-meals for Bilal calls (or pronounces the Adhan) so that the one who is offering the night prayer should take a rest, and he does not indicate the daybreak or dawn." The narrator, Yazid, described (how dawn breaks) by stretching out his hands and then separating them wide apart.

Chapter 25: Al-Li'an

And God Almighty said: {And those who throw their wives, and they have no martyrs except for themselves A repentance, a sign, or a knowledgeable gesture, as it is the same, because the Prophet, may God’s prayers and peace be upon him Some of the people of Hajj and the people of knowledge, and God Almighty said: {So they indicated to him, they said, “How do we speak to me?” Al -Dahhak said: {Except a symbol} a sign. Some people said there is no limit, nor a curse. Then he claimed that divorce is in a book, a sign, or a permissible eminence, and there is no divorce between the divorce and the slander, so that the slander is not. It is also said to him that divorce is only permissible with a word, otherwise the heroism and the slander, as well as the fear, and also the deafness. Al -Sha’abi said and the benefit of when he said that you are a divorce. So he indicated his followers, showing him his indication. Abraham Al -Akhras said that when he wrote the divorce with his hand, he was obliged. Hammad Al -Akhar and Al -Asam said that if he said his head is permissible.
Narrated Anas bin Malik

Allah's Messenger (ﷺ) said, "Shall I tell you of the best families among the Ansar?" They (the people) said, "Yes, O Allah's Messenger (ﷺ)!" The Prophet (ﷺ) said, "The best are Banu- An-Najjar, and after them are Banu `Abdil Ash-hal, and after them are Banu Al-Harith bin Al-Khazraj, and after them are Banu Sa`ida." The Prophet (ﷺ) then moved his hand by closing his fingers and then opening them like one throwing something, and then said, "Anyhow, there is good in all the families of the Ansar. "

Chapter 26: If a husband suspects his paternity to a child.

Narrated Abu Huraira

A man came to the Prophet (ﷺ) and said, "O Allah's Messenger (ﷺ)! A black child has been born for me." The Prophet asked him, "Have you got camels?" The man said, "Yes." The Prophet (ﷺ) asked him, "What color are they?" The man replied, "Red." The Prophet (ﷺ) said, "Is there a grey one among them?' The man replied, "Yes." The Prophet (ﷺ) said, "Whence comes that?" He said, "May be it is because of heredity." The Prophet (ﷺ) said, "May be your latest son has this color because of heredity."