Divorce

كتاب الطلاق

Chapter 9: There is no divorce before marriage

And God Almighty said: {O you who believe, when you are married to the believers, then you divorced them from before They were a beautiful tragedy}. And Ibn Abbas said that God made the divorce after the marriage, and it is narrated in that on the authority of Ali and Saeed ibn Al -Masib God ibn Abdullah ibn Utbah and Aban ibn Uthman and Ali ibn Husayn and Shasih and Said bin Jabir and the Qasim Taa and Ammar Bin Saad And Jabir Bin Zaid and Nafaa Bin Jabir She is not released.

Chapter 10: If, under compulsion somebody says about his wife, "She is my sister."

The Prophet, may God’s prayers and peace be upon him, said: “Abraham said to the path of this is my sister, and that is in the self of God, glorified and exalted.”

Chapter 11: A divorce given in a state of anger, under compulsion or under the effect of intoxicants or insanity

And the rituals, the silence, the two of them, and their affairs, and the mistake and the people in divorce and the evil and others. Each liability of what he intended. ” And the people are: {Do not take us if we forget or make mistakes} and what is permissible for those who decide the boss. The Prophet, may God’s prayers and peace be upon him, said to the one who approved himself: “Your father is a madness.” And he said to the Qarar Hamza Is you only a slave to my father, so the Prophet, may God’s prayers and peace be upon him, has known that he has been in goodness, so he came out and went out with him, and he said: Skran is divorced. Ibn Abbas said the divorce of the sugar and the one who is not permissible. Aqabah ibn Amir said that it is permissible to divorce the music. And he said, when it appears to be in peace, so he has his condition. And he said, "A man, who was brought up by the woman," If it was released, then Ibn Omar said that if it comes out, then it will be done, and it is not. Al -Zuhri said that he said that I did not do so, and so, my woman is a three -way For his purpose, his heart was held at him when a solution, he was made in his religion and his trust. Abraham said that he said there is no need for me. His intention, and the shielding of all people with their tongue. And Qatada said when he said, "If you are pregnant, you are a divorce." Three, he cheats with every purification once, for if he carried her pregnancy, she was lost. Al -Hasan said when the truth said in your family. His intention. Ibn Abbas said the divorced woman, and the yearning for what I want is the face of God. Al -Zuhri said that he said what you are in my wife. His intention, and if he intends to divorce, it is what he intended. He said to me, did you not know that the pen was lifted from a third of the madness until it is agreed, and the boy was on the authority of the boy until he is destroyed, and he will be destroyed. He said to me and all divorce is permissible, except for the divorce of the darkening.
Narrated Abu Huraira

The Prophet (ﷺ) said, "Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered." And Qatada said, "If someone divorces his wife just in his mind, such an unuttered divorce has no effect.:

Narrated Jabir

A man from the tribe of Bani Aslam came to the Prophet (ﷺ) while he was in the mosque and said, "I have committed illegal sexual intercourse." The Prophet (ﷺ) turned his face to the other side. The man turned towards the side towards which the Prophet (ﷺ) had turned his face, and gave four witnesses against himself. On that the Prophet (ﷺ) called him and said, "Are you insane?" (He added), "Are you married?" The man said, 'Yes." On that the Prophet (ﷺ) ordered him to be stoned to the death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al- Harra and then killed

Narrated Abu Huraira

A man from Bani Aslam came to Allah's Messenger (ﷺ) while he was in the mosque and called (the Prophet (ﷺ) ) saying, "O Allah's Messenger (ﷺ)! I have committed illegal sexual intercourse." On that the Prophet (ﷺ) turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet (ﷺ) had turned his face, and said, "O Allah's Messenger (ﷺ)! I have committed illegal sexual intercourse." The Prophet turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet (ﷺ) had turned his face, and repeated his statement. The Prophet (ﷺ) turned his face (from him) to the other side again. The man moved again (and repeated his statement) for the fourth time. So when the man had given witness four times against himself, the Prophet (ﷺ) called him and said, "Are you insane?" He replied, "No." The Prophet (ﷺ) then said (to his companions), "Go and stone him to death." The man was a married one. Jabir bin `Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla (`Id praying place) in Medina. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died.

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 Ibn `Abbas

The wife of Thabit bin Qais came to the Prophet (ﷺ) and said, "O Allah's Messenger (ﷺ)! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Messenger (ﷺ) said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet (ﷺ) said to Thabit, "O Thabit! Accept your garden, and divorce her once."

Narrated `Ikrima

The sister of `Abdullah bin Ubai narrated (the above narration, 197) with the addition that the Prophet (ﷺ) said to Thabit's wife, "Will you return his garden?" She said, "Yes," and returned it, and (then) the Prophet ordered Thabit to divorce her.

Narrated Ibn `Abbas

The wife of Thabit bin Qais came to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! I do not blame Thabit for any defects in his character or his religion, but I cannot endure to live with him." On that Allah's Messenger (ﷺ) said, "Will you return his garden to him?" She said, "Yes."

Narrated Ibn `Abbas

The wife of Thabit bin Qais bin Shammas came to the Prophet (ﷺ) and said, "O Allah's Messenger (ﷺ)! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Messenger (ﷺ) said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet (ﷺ) told him to divorce her.

Narrated `Ikrima

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

Chapter 13: Ash-Shiqaq (the breach between the man and his wife).

And he indicates deeds at the forefront and his saying: {And if you fear the hardships between them, then send a ruling from his family.
Narrated Al-Miswar bin Makhrama Az-Zuhri

I heard the Prophet (ﷺ) saying, "Banu Al-Mughira have asked my leave to let `Ali marry their daughter, but I give no leave to this effect."

Chapter 14: Selling a female slave does not lead to her divorce.

Narrated `Aisha

(the wife of the Prophet) Three traditions were established concerning situations in which Barra was involved: When she was manumitted, she was given the option to keep her husband or leave him; Allah's Messenger (ﷺ) said, "The wala is for the one who manumits, Once Allah's Messenger (ﷺ) entered the house while some meat was being cooked in a pot, but only bread and some soup of the house were placed before, him. He said, "Don't I see the pot containing meat?" They said, "Yes, but that meat was given to Barira in charity (by someone), and you do not eat what it given in charity."The Prophet (ﷺ) said "That meat is alms for her, but for us it is a present."

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

I saw him as a slave, (namely, Barira's husband).

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.

Narrated Ibn `Abbas

Barira's husband was a black slave called Mughith, the slave of Bani so-and-so-- as if I am seeing him now, walking behind her 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 17: Chapter

Narrated Al-Aswad

Aisha intended to buy Barira, but her masters stipulated that her wala wound be for them. Aisha mentioned that to the Prophet (ﷺ) who said (to `Aisha), "Buy and manumit her, for the wala is for the one who manumits." Once some meat was brought to the Prophet (ﷺ) and was said, "This meat was given in charity to Barira. " The Prophet (ﷺ) said, "It is an object of charity for Barira and a gift for us."Narrated Adam:

Shu`ba related the same Hadith and added: Barira was given the option regarding her husband.

Chapter 18: "Do not marry Al-Mushirkat till they believe..."

Narrated Nafi`

Whenever Ibn `Umar was asked about marrying a Christian lady or a Jewess, he would say: "Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jesus is her Lord although he is just one of Allah's slaves."

Chapter 19: Marrying Al-Mushrikat who had embraced Islam; and their 'Idda.

Narrated Ibn 'Abbas

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet (ﷺ) made a treaty, and neither did the Prophet (ﷺ) fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

Narrated Ibn 'Abbas

The daughter of Abi Umaiyya, was the wife of 'Umar bin Al-Khattab. 'Umar divorced her and then Mu'awiyya bin Abi Sufyan married her. Similarly, Um Al-Hakam, the daughter of Abi Sufyan was the wife of 'Iyad bin Ghanm Al-Fihri. He divorced her and then 'Abdullah bin 'Uthman Al-Thaqafi married her.