Divorce

كتاب الطلاق

Chapter 28: The man should start the process of Li'an.

Narrated Ibn `Abbas

Hilal bin Umaiyya accused his wife of illegal sexual intercourse and came to the Prophet (ﷺ) to bear witness (against her), (taking the oath of Lian). The Prophet (ﷺ) was saying, "Allah knows that either of you is a liar. Will anyone of you repent (to Allah)?" Then the lady got up and gave her witness.

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 30: To carry out Li'an in a Mosque.

Narrated Ibn Juraij

Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sa`d, the brother of Bani Sa`idi He said, "An Ansari man came to Allah's Messenger (ﷺ) and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah revealed concerning his affair what is mentioned in the Holy Qur'an about the affair of those involved in a case of Lian. The Prophet (ﷺ) said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the mosque while I was present there. When they had finished, the man said, "O Allah's Messenger (ﷺ)! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah's Messenger (ﷺ) ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet (ﷺ) ." Ibn Shihab added, "After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother's name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him." Ibn Shihab said that Sahl bin Sa`d As'Saidi said that the Prophet (ﷺ) said (in the above narration), "If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then she delivered it in the shape one would dislike (as it proved her guilty).

Chapter 31: "If I were to stone any person to death without witnesses."

Narrated Al-Qasim bin Muhammad

Ibn `Abbas; said, "Once Lian was mentioned before the Prophet (ﷺ) whereupon `Asim bin Adi said something and went away. Then a man from his tribe came to him, complaining that he had found a man with his wife. `Asim said, 'I have not been put to task except for my statement (about Lian).' `Asim took the man to the Prophet (ﷺ) and the man told him of the state in which he had found his wife. The man was pale, thin, and of lank hair, while the other man whom he claimed he had seen with his wife, was brown, fat and had much flesh on his calves. The Prophet (ﷺ) invoked, saying, 'O Allah! Reveal the truth.' So that lady delivered a child resembling the man whom her husband had mentioned he had found her with. The Prophet (ﷺ) then made them carry out Lian." Then a man from that gathering asked Ibn `Abbas, "Was she the same lady regarding which the Prophet (ﷺ) had said, 'If I were to stone to death someone without witness, I would have stoned this lady'?" Ibn `Abbas said, "No, that was another lady who, though being a Muslim, used to arouse suspicion by her outright misbehavior. "

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 34: The separation between those who are involved in a case of Li'an.

Narrated Ibn `Umar

Allah's Messenger (ﷺ) separated (divorced) the wife from her husband who accused her for an illegal sexual intercourse, and made them take the oath of Lian .

Narrated Ibn `Umar

The Prophet (ﷺ) made an Ansari man and his wife carry out Lian, and then separated them by divorce.

Chapter 35: The child is to be given to the lady (accused by her husband).

Narrated Ibn `Umar

The Prophet (ﷺ) made a man and his wife carry out Lian, and the husband repudiated her child. So the Prophet got them separated (by divorce) and decided that the child belonged to the mother only.

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 37: Marriage of a divorced woman to another man but he does not consummate his marriage with her

Narrated `Aisha

Rifa`a Al-Qurazi married a lady and then divorced her whereupon she married another man. She came to the Prophet (ﷺ) and said that her new husband did not approach her, and that he was completely impotent. The Prophet (ﷺ) said (to her), "No (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you).

Chapter 38: "And those of your women as have passed the age of monthly courses..."

Mujahid said that if you did not know, it is incubated or not embraced, and the pearls are loyal to the menstruation, and the people did not embrace, so they did not.

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."

Narrated `Abdullah bin `Abdullah

that his father had written to Ibn Al-Arqam a letter asking him to ask Subai'a Al-Aslamiya how the Prophet had given her the verdict. She said, "The Prophet, gave me his verdict that after I gave birth, I could marry."

Narrated Al-Miswer bin Makhrama

Subai'a Al-Aslamiya gave birth to a child a few days after the death of her husband. She came to the Prophet and asked permission to remarry, and the Prophet (ﷺ) gave her permission, and she got married.

Chapter 40: "And divorced women shall wait for three menstrual periods."

Abraham said in those who married in the count, and she had a period of time, and she is one of the first ones, and you do not give it to him. Al -Zuhiri said it was counted. And this is I love to Safyan, meaning the saying of Al -Zuhri. And Muammar said that the woman reads when we are present, and she reads when it is its purification, and it is said that what is said is that it is not.

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 42: If a divorced lady is afraid that she may be attacked in her husband's house.

Narrated 'Urwa

Aisha disapproved of what Fatima used to say.'