Divorce

كتاب الطلاق

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."

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 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

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

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.

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

Ibn `Umar added

"When the period of four months has expired, the husband should be put in prison so that he should divorce his wife, but the divorce does not occur unless the husband himself declares it. This has been mentioned by `Uthman, `Ali, Abu Ad-Darda, `Aisha and twelve other companions of the Prophet (ﷺ) ."

Chapter 22: The regulations concerning the property and family of a lost person

Ibn al -Masib said when it was lost in the class at the killing, then his wife will be listed for a year. And the son of Masuda was bought by a maid, and he touched his friend for a year, and he did not find him and lost, so he took the dirham and the darf of God. He said this, so do the cat. Al -Zuhri said in the captives, his place is not known as his wife is married, and his money is not divided, so when his news is cut off, then his news is cut off.
Narrated Yazid

(the Maula of Munba'ith) The Prophet (ﷺ) was asked regarding the case of a lost sheep. He said, "You should take it, because it is for you, or for your brother, or for the wolf." Then he was asked about a lost camel. He got angry and his face became red and he said (to the questioner), "You have nothing to do with it; it has its feet and its water container with it; it can go on drinking water and eating trees till its owner meets it." And then the Prophet (ﷺ) was asked about a Luqata (money found by somebody). He said, "Remember and recognize its tying material and its container, and make public announcement about it for one year. If somebody comes and identifies it (then give it to him), otherwise add it to your property."

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 Ibn `Abbas

Allah's Messenger (ﷺ) performed the Tawaf (around the Ka`ba while riding his camel, and every time he reached the corner (of the Black Stone) he pointed at it with his hand and said, "Allahu Akbar." (Zainab said: The Prophet (ﷺ) said, "An opening has been made in the wall of Gog and Magog like this and this," forming the number 90 (with his thumb and index finger).

Narrated Abu Huraira

Allah's Messenger (ﷺ) said, The example of a miser and a generous person is like that of two persons wearing iron cloaks from the breast upto the neck When the generous person spends, the iron cloak enlarges and spread over his skin so much so that it covers his fingertips and obliterates his tracks. As for the miser, as soon as he thinks of spending every ring of the iron cloak sticks to its place (against his body) and he tries to expand it, but it does not expand. The Prophet (ﷺ) pointed with his hand towards his throat.

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 The saying of some of the people of the pilgrims 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 Ibn `Umar

The Prophet (holding out his ten fingers thrice), said, "The month is thus and thus and thus," namely thirty days. Then (holding out his ten fingers twice and then nine fingers), he said, "It may be thus and thus and thus," namely twenty nine days. He meant once thirty days and once twenty nine days.

Chapter 29: Al-Li'an, and divorce after the process of Li'an.

Narrated Sahl bin Sa`d As-Sa`idi

'Uwaimir Al-Ajlani came to `Asim bin Ad Al-Ansari and said to him, "O `Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, O `Asim, ask about this on my behalf." `Asim asked Allah's Messenger (ﷺ) about it. Allah's Messenger (ﷺ), disliked that question and considered it disgraceful. What `Asim heard from Allah's Messenger (ﷺ) was hard on him. When `Asim returned to his family, 'Uwaimir came to him and said, "O `Asim! What did Allah's Messenger (ﷺ). say to you?" `Asim said to 'Uwaimir, "You never bring me any good. Allah's Messenger (ﷺ) disliked the problem which I asked him about." 'Uwaimir said, "By Allah, I will not give up this matter until I ask the Prophet (ﷺ) about it." So 'Uwaimir proceeded till he came to Allah's Messenger (ﷺ) in the midst of people, and said, "O Allah's Messenger (ﷺ)! If a man sees another man with his wife, would he kill him, whereupon you would kill him, or what should he do?" Allah's Messenger (ﷺ) said, "Allah has revealed some decree as regards you and your wives case. Go and bring her." So they carried out the process of Lian while I was present among the people with Allah's Messenger (ﷺ). When they had finished their Lian, 'Uwaimir said, "O Allah's Messenger (ﷺ)! If I should now keep her with me as a wife, then I have told a lie." So he divorced her thrice before Allah's Messenger (ﷺ) ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Lian.)

Chapter 32: The Mahr in the case Li'an

Narrated Sa`id bin Jubair

I asked Ibn `Umar, "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn `Umar said, "The Prophet (ﷺ) separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: `Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her; and if you have told a lie, you are less rightful to have your money back.' ")

Chapter 33: "Surely one of you two is a liar; so will one of you repent (to Allah)?"

Narrated Sa`id bin Jubair

I asked Ibn `Umar about those who were involved in a case of Lien. He said, "The Prophet (ﷺ) said to those who were involved in a case of Lien, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." The man said, 'What about my property (Mahr) ?' The Prophet (ﷺ) said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from `Amr. Narrated Aiyub: I heard Sa`id bin Jubair saying, "I asked Ibn `Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?' Ibn `Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn `Umar said, 'The Prophet (ﷺ) separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?' "

Chapter 36: "O Allah! Reveal the truth."

Narrated Ibn `Abbas

Those involved in a case of Lian were mentioned before Allah's Messenger (ﷺ) `Asim bin Adi said something about that and then left. Later on a man from his tribe came to him and told him that he had found another man with his wife. On that `Asim said, "I have not been put to task except for what I have said (about Lian)." `Asim took the man to Allah's Messenger (ﷺ) and he told him of the state in which he found his wife. The man was pale, thin and lank-haired, while the other man whom he had found with his wife was brown, fat with thick calves and curly hair. Allah's Messenger (ﷺ) said, "O Allah! Reveal the truth." Then the lady delivered a child resembling the man whom her husband had mentioned he had found with her. So Allah's Messenger (ﷺ) ordered them to carry out Lien. A man from that gathering said to Ibn `Abbas, "Was she the same lady regarding whom Allah's Messenger (ﷺ) said, 'If I were to stone to death someone without witnesses, I would have stoned this lady'?" Ibn `Abbas said, "No, that was another lady who, though being a Muslim, used to arouse suspicion because of her outright misbehavior."

Chapter 39: "For those who are pregnant, their 'Idda is until they laydown their burdens."

Narrated Um Salama

(the wife of the Prophet) A lady from Bani Aslam, called Subai'a, become a widow while she was pregnant. Abu As-Sanabil bin Ba'kak demanded her hand in marriage, but she refused to marry him and said, "By Allah, I cannot marry him unless I have completed one of the two prescribed periods." About ten days later (after having delivered her child), she went to the Prophet (ﷺ) and he said (to her), "You can marry now."

Chapter 41: The story of Fatima bint Qais

And he said: {And fear God, your Lord, do not come out of their homes, and they will not come out except to come with a thorns What is his soul, you do not know that God may happen after that,} {I live in them from where you are in your way You were pregnant, and they spent on them until they put their bears} to his saying: {After a difficult one}.
Narrated Qasim bin Muhammad and Sulaiman bin Yasar

that Yahya bin Sa`id bin Al-`As divorced the daughter of `Abdur-Rahman bin Al-Hakarn. `Abdur- Rahman took her to his house. On that `Aisha sent a message to Marwan bin Al-Hakam who was the ruler of Medina, saying, "Fear Allah, and urge your brother) to return her to her house." Marwan (in Sulaiman's version) said, "Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument)." (In Al-Qasim's versions Marwan said, "Have you not heard of the case of Fatima bint Qais?" Aisha said, "The case of Fatima bint Qais is not in your favor.' Marwan bin Al-Hakam said to `Aisha, "The reason that made Fatima bint Qais go to her father's house is just applicable to the daughter of `Abdur-Rahman."

Narrated Al-Qasim

Aisha said, "What is wrong with Fatima? Why doesn't she fear Allah?" by saying that a divorced lady is not entitled to be provided with residence and sustenance (by her husband).

Narrated Qasim

Urwa said to Aisha, "Do you know so-and-so, the daughter of Al-Hakam? Her husband divorced her irrevocably and she left (her husband's house)." `Aisha said, "What a bad thing she has done!" 'Urwa said (to `Aisha), "Haven't you heard the statement of Fatima?" `Aisha replied, "It is not in her favor to mention." 'Urwa added, `Aisha reproached (Fatima) severely and said, "Fatima was in a lonely place, and she was prone to danger, so the Prophet (ﷺ) allowed her (to go out of her husband's house).

Chapter 44: "And their husbands have the better right to take them back..."

In preparation, how to return the woman when she divorces her or two or two.
Narrated Nafi`

Ibn `Umar bin Al-Khattab divorced his wife during her menses. Allah's Messenger (ﷺ) ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever `Abdullah (bin `Umar) was asked about that, he would say to the questioner, "If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).' Ibn `Umar further said, 'Would that you (people) only give one or two divorces, because the Prophet (ﷺ) has ordered me so."

Chapter 47: Can a mourning lady use kohl?

Narrated Um Salama

A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah's Messenger (ﷺ), and asked him to allow them to treat her eyes with kohl, but he said, "She should not apply kohl to her eyes. (In the Pre-Islamic period of Ignorance) a widowed woman among you would stay in the worst of her clothes (or the worst part of her house) and when a year had elapsed, if a dog passed by her, she would throw a globe of dung, Nay, (she cannot use kohl) till four months and ten days have elapsed."