Divorce

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Ismāʿīl ibn ʿAbd Allāh narrated to us; he said: Mālik narrated to me, from Nāfiʿ, from ʿAbd Allāh ibn ʿUmar, may Allah be pleased with them both, that he divorced his wife while she was menstruating during the time of the Messenger of Allah, peace and blessings be upon him. ʿUmar ibn al-Khaṭṭāb asked the Messenger of Allah about it. The Messenger of Allah said: ‘Tell him to take her back, then keep her until she becomes pure, then menstruates, then becomes pure. After that, if he wishes, he may keep her; and if he wishes, he may divorce her before touching her. That is the waiting period for which Allah commanded that women be divorced.’

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Sulaymān ibn Ḥarb narrated to us: Shuʿbah narrated to us, from Anas ibn Sīrīn; he said: I heard Ibn ʿUmar say: Ibn ʿUmar divorced his wife while she was menstruating. ʿUmar mentioned this to the Prophet, peace and blessings be upon him, and he said, ‘He should take her back.’ I asked, ‘Is it counted?’ He said, ‘Why would it not be?’ And from Qatādah, from Yūnus ibn Jubayr, from Ibn ʿUmar, who said: ‘Tell him to take her back.’ I asked, ‘Is it counted?’ He said, ‘What do you think, if he was unable to control himself and acted foolishly?’

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Abū Maʿmar said: ʿAbd al-Wārith narrated to us: Ayyūb narrated to us, from Saʿīd ibn Jubayr, from Ibn ʿUmar, who said: ‘It was counted against me as one divorce.’

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Al-Ḥumaydī narrated to us: al-Walīd narrated to us: al-Awzāʿī narrated to us; he said: I asked al-Zuhrī, ‘Which of the Prophet's wives, peace and blessings be upon him, sought refuge from him?’ He said: ʿUrwah informed me, from ʿĀʾishah, may Allah be pleased with her, that when the daughter of al-Jawn was brought to the Messenger of Allah and he approached her, she said, ‘I seek refuge in Allah from you.’ He said to her, ‘You have indeed sought refuge in the Almighty. Go and join your family.’ Abū ʿAbd Allāh said: Ḥajjāj ibn Abī Manīʿ narrated it from his grandfather, from al-Zuhrī, that ʿUrwah informed him that ʿĀʾishah said this.

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Abū Nuʿaym narrated to us: ʿAbd al-Raḥmān ibn Ghaseel narrated to us, from Ḥamzah ibn Abī Usayd, from Abū Usayd, may Allah be pleased with him, who said: We went out with the Prophet, peace and blessings be upon him, until we reached a garden called al-Shawṭ. We came to two gardens and sat between them. The Prophet said, ‘Sit here.’ He went in after al-Jawniyyah had been brought. She was lodged in a house among the palm trees, in the house of Umaymah daughter of al-Nuʿmān ibn Sharāḥīl, with her nurse who cared for her. When the Prophet entered upon her, he said, ‘Give yourself to me.’ She said, ‘Would a queen give herself to a commoner?’ He reached out his hand to place it upon her so that she might calm down, but she said, ‘I seek refuge in Allah from you.’ He said, ‘You have sought refuge with the One who grants refuge.’ Then he came out to us and said, ‘Abū Usayd, give her two razīqiyyah garments and send her back to her family.’

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Al-Ḥusayn ibn al-Walīd al-Naysābūrī said, from ʿAbd al-Raḥmān, from ʿAbbās ibn Sahl, from his father and from Abū Usayd, who both said: The Prophet, peace and blessings be upon him, married Umaymah daughter of Sharāḥīl. When she was brought to him, he extended his hand toward her, but she seemed to dislike that. So he ordered Abū Usayd to prepare her and clothe her in two razīqiyyah garments.

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ʿAbd Allāh ibn Muḥammad narrated to us: Ibrāhīm ibn Abī al-Wazīr narrated to us: ʿAbd al-Raḥmān narrated to us, from Ḥamzah, from his father; and from ʿAbbās ibn Sahl ibn Saʿd, from his father, with this same report.

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Ḥajjāj ibn Minḥāl narrated to us: Hammām ibn Yaḥyā narrated to us, from Qatādah, from Abū Ghallāb, Yūnus ibn Jubayr; he said: I said to Ibn ʿUmar, ‘A man divorced his wife while she was menstruating.’ He said, ‘Do you know Ibn ʿUmar? Ibn ʿUmar divorced his wife while she was menstruating. ʿUmar went to the Prophet, peace and blessings be upon him, and told him about it. He instructed him to take her back, and when she became pure, if he wished to divorce her, he could divorce her.’ I asked, ‘Did he count that as a divorce?’ He said, ‘What do you think, if he was unable to control himself and acted foolishly?’

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ʿAbd Allāh ibn Yūsuf narrated to us: Mālik informed us, from Ibn Shihāb, that Sahl ibn Saʿd al-Sāʿidī informed him that ʿUwaymir al-ʿAjlānī came to ʿĀṣim ibn ʿAdī al-Anṣārī and said, ‘ʿĀṣim, what do you think of a man who finds another man with his wife? Should he kill him, and you then kill him, or what should he do? Ask the Messenger of Allah, peace and blessings be upon him, about that for me.’ ʿĀṣim asked the Messenger of Allah, who disliked such questions and criticized them, until what ʿĀṣim heard from the Messenger weighed heavily upon him. When ʿĀṣim returned to his family, ʿUwaymir came and asked, ‘ʿĀṣim, what did the Messenger of Allah say to you?’ ʿĀṣim replied, ‘You have brought me no good. The Messenger of Allah disliked the question I asked him.’ ʿUwaymir said, ‘By Allah, I will not stop until I ask him about it myself.’ He went to the Messenger of Allah, among the people, and said, ‘Messenger of Allah, what do you think of a man who finds another man with his wife? Should he kill him, and you then kill him, or what should he do?’ The Messenger of Allah said, ‘Allah has revealed concerning you and your companion, so go and bring her.’ Sahl said: They performed liʿān, invoking curses upon one another, while I was among the people with the Messenger of Allah. When they had finished, ʿUwaymir said, ‘I would be lying about her, Messenger of Allah, if I kept her,’ and he divorced her three times before the Messenger of Allah had ordered him to do so. Ibn Shihāb said: That became the practice for the spouses who perform liʿān.

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Saʿīd ibn ʿUfayr narrated to us; he said: al-Layth narrated to me; he said: ʿUqayl narrated to me, from Ibn Shihāb; he said: ʿUrwah ibn al-Zubayr informed me that ʿĀʾishah told him that the wife of Rifāʿah al-Quraẓī came to the Messenger of Allah, peace and blessings be upon him, and said, ‘Messenger of Allah, Rifāʿah divorced me conclusively, and I married ʿAbd al-Raḥmān ibn al-Zubayr al-Quraẓī after him. He has nothing with him except something like a fringe.’ The Messenger of Allah said, ‘Perhaps you want to return to Rifāʿah? No—until he tastes your honey and you taste his honey.’

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Muḥammad ibn Bashshār narrated to me: Yaḥyā narrated to us, from ʿUbayd Allāh; he said: al-Qāsim ibn Muḥammad narrated to me, from ʿĀʾishah, that a man divorced his wife three times. She married another man, who then divorced her. The Prophet, peace and blessings be upon him, was asked, ‘Is she lawful for the first husband?’ He said, ‘No, until she tastes his honey, just as the first husband tasted hers.’

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ʿUmar ibn Ḥafṣ narrated to us: My father narrated to us: al-Aʿmash narrated to us: Muslim narrated to us, from Masrūq, from ʿĀʾishah, may Allah be pleased with her, who said: The Messenger of Allah, peace and blessings be upon him, gave us the choice, and we chose Allah and His Messenger. He did not count that against us as anything.

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Musaddad narrated to us: Yaḥyā narrated to us, from Ismāʿīl: ʿĀmir narrated to us, from Masrūq; he said: I asked ʿĀʾishah about the choice. She said, ‘The Prophet, peace and blessings be upon him, gave us the choice. Was that a divorce?’ Masrūq said: I would not care whether I gave her a choice once or one hundred times, after she chose me.

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Al-Layth said, from Nāfiʿ: When Ibn ʿUmar was asked about someone who had divorced his wife three times, he would say, ‘If you divorce her once or twice, the Prophet, peace and blessings be upon him, commanded me to do this. But if you divorce her three times, she becomes forbidden to you until she marries another husband.’

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Muḥammad narrated to us: Abū Muʿāwiyah narrated to us: Hishām ibn ʿUrwah narrated to us, from his father, from ʿĀʾishah, who said: A man divorced his wife, and she married another husband, who then divorced her. She had with him something like a fringe, and obtained none of what she wanted from him. Before long he divorced her. She came to the Prophet, peace and blessings be upon him, and said, ‘Messenger of Allah, my husband divorced me, and I married another man. He consummated the marriage with me, but he had nothing with him except something like a fringe. He approached me only once and obtained none of what he wanted from me. May I become lawful again for my first husband?’ The Messenger of Allah said, ‘You will not be lawful for your first husband until the other man tastes your honey and you taste his honey.’

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Al-Ḥasan ibn Ṣabbāḥ narrated to me: He heard al-Rabīʿ ibn Nāfiʿ: Muʿāwiyah narrated to us, from Yaḥyā ibn Abī Kathīr, from Yaʿlā ibn Ḥakīm, from Saʿīd ibn Jubayr, who informed him that he heard Ibn ʿAbbās say: ‘If someone declares his wife forbidden to him, it is nothing.’ He also said: ‘You have indeed had in the Messenger of Allah an excellent example.’ [Qur’an 33:21]

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Al-Ḥasan ibn Muḥammad ibn Ṣabbāḥ narrated to me: Ḥajjāj narrated to us, from Ibn Jurayj; he said: ʿAṭāʾ claimed that he heard ʿUbayd ibn ʿUmayr say: I heard ʿĀʾishah, may Allah be pleased with her, say: The Prophet, peace and blessings be upon him, used to stay with Zaynab daughter of Jaḥsh and drink honey at her house. Ḥafṣah and I agreed that whichever of us the Prophet entered upon should say, ‘I notice a smell of maghāfīr from you. Have you eaten maghāfīr?’ He entered upon one of them, and she said this to him. He replied, ‘No. Rather, I drank honey at Zaynab daughter of Jaḥsh's house, and I will not return to it.’ Then the verses were revealed: ‘O Prophet, why do you prohibit what Allah has made lawful for you?’ through ‘If you two turn in repentance to Allah’—concerning ʿĀʾishah and Ḥafṣah. And ‘When the Prophet confided a matter to one of his wives’ refers to his words, ‘Rather, I drank honey.’

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Farwah ibn Abī al-Maghrāʾ narrated to us: ʿAlī ibn Mushir narrated to us, from Hishām ibn ʿUrwah, from his father, from ʿĀʾishah, may Allah be pleased with her, who said: The Messenger of Allah, peace and blessings be upon him, loved honey and sweets. When he finished the ʿAṣr prayer, he would visit his wives and draw near to one of them. He went in to Ḥafṣah daughter of ʿUmar and stayed longer than usual. I became jealous and asked about it. I was told that a woman from her people had given her a small skin of honey, and she had given the Prophet a drink of it. I said, ‘By Allah, I will devise a plan for him.’ I said to Sawdah bint Zamʿah, ‘He will draw near to you. When he does, say, “Have you eaten maghāfīr?” He will say no. Then say, “What is this smell I notice from you?” He will say, “Ḥafṣah gave me a drink of honey.” Then say to him, “Its bees fed on ʿurfut.” I will say the same, and you, Ṣafiyyah, say that too.’ Sawdah said: By Allah, as soon as he stood at the door, I wanted to say at once what you had told me, for fear of you. When he came near, Sawdah said, ‘Messenger of Allah, have you eaten maghāfīr?’ He said, ‘No.’ She said, ‘Then what is this smell I notice from you?’ He said, ‘Ḥafṣah gave me a drink of honey.’ She said, ‘Its bees fed on ʿurfut.’ When he came around to me, I said something similar to him. When he came around to Ṣafiyyah, she said the same. When he came around to Ḥafṣah, she said, ‘Messenger of Allah, shall I give you some of it to drink?’ He said, ‘I have no need of it.’ Sawdah said, ‘By Allah, we have deprived him of it.’ I said to her, ‘Be quiet.’

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Muslim ibn Ibrāhīm narrated to us: Hishām narrated to us: Qatādah narrated to us, from Zurārah ibn Awfā, from Abū Hurayrah, may Allah be pleased with him, from the Prophet, peace and blessings be upon him, who said: ‘Allah has pardoned my community for what their selves whisper to them, so long as they do not act upon it or speak of it.’ Qatādah said: If he pronounces divorce within himself, it is nothing.

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Aṣbagh narrated to us: Ibn Wahb informed us, from Yūnus, from Ibn Shihāb; he said: Abū Salamah informed me, from Jābir, that a man from Aslam came to the Prophet, peace and blessings be upon him, while he was in the mosque and said that he had committed adultery. The Prophet turned away from him. The man moved to the side toward which the Prophet had turned away and testified against himself four times. The Prophet called him and asked, ‘Are you insane? Have you been married?’ He said, ‘Yes.’ The Prophet ordered that he be stoned at the prayer ground. When the stones hurt him, he leapt away until he was caught at al-Ḥarrah, where he was killed.