Divorce
كتاب الطلاق
Chapter 43: "And it is not lawful for them to conceal what Allah has created in their wombs."
When Allah's Messenger (ﷺ) decided to leave Mecca after the Hajj, he saw Safiyya, sad and standing at the entrance of her tent. He said to her, "Aqr (or) Halq! You will detain us. Did you perform Tawaf-al- Ifada on the day of Nahr? She said, "Yes." He said, "Then you can depart."
Chapter 44: "And their husbands have the better right to take them back..."
Ma'qil gave his sister in marriage and later her husband divorced her once.
The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet (ﷺ) sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order.
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 45: To take back one's wife while in her menses.
Ibn `Umar divorced his wife while she was having her menses. `Umar asked the Prophet (ﷺ) who said, "Order him (your son) to take her back, and then divorced her before her period of the 'Iddah has elapsed." I asked Ibn `Umar, "Will that divorce (during the menses) be counted?" He replied, "If somebody behaves foolishly (will his foolishness be an excuse for his misbehavior)?"
Chapter 46: A widow should mourn for four months and ten days.
Zainab bint Abu Salama told me these three narrations: Zainab said: I went to Um Habiba, the wife of the Prophet (ﷺ) when her father, Abu- Sufyan bin Herb had died. Um ,Habiba asked for a perfume which contained yellow scent (Khaluq) or some other scent, and she first perfumed one of the girls with it and then rubbed her cheeks with it and said, "By Allah, I am not in need of perfume, but I have heard Allah's Messenger (ﷺ) saying, 'It is not lawful for a lady who believes in Allah and the Last Day to mourn for a dead person for more than three days unless he is her husband for whom she should mourn for four months and ten days.'"
I want to Zainab bint Jahsh when her brother died. She asked for perfume and used some of it and said, "By Allah, I am not in need of perfume, but I have heard Allah's Messenger (ﷺ) saying on the pulpit, 'It is not lawful for a lady who believes in Allah and the last day to mourn for more than three days except for her husband for whom she should mourn for four months and ten days.'"
"I heard my mother, Um Salama saying that a woman came to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! The husband of my daughter has died and she is suffering from an eye disease, can she apply kohl to her eye?" Allah's Messenger (ﷺ) replied, "No," twice or thrice. (Every time she repeated her question) he said, "No." Then Allah's Messenger (ﷺ) added, "It is just a matter of four months and ten days. In the Pre-Islamic Period of ignorance a widow among you should throw a globe of dung when one year has elapsed."
I (Humaid) said to Zainab, "What does 'throwing a globe of dung when one year had elapsed' mean?" Zainab said, "When a lady was bereaved of her husband, she would live in a wretched small room and put on the worst clothes she had and would not touch any scent till one year had elapsed. Then she would bring an animal, e.g. a donkey, a sheep or a bird and rub her body against it. The animal against which she would rub her body would scarcely survive. Only then she would come out of her room, whereupon she would be given a globe of dung which she would throw away and then she would use the scent she liked or the like."
Chapter 47: Can a mourning lady use kohl?
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."
The Prophet (ﷺ) said, "It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband, for whom she should mourn for four months and ten days."
We were forbidden to mourn for more than three days except for a husband.
Chapter 48: Qust (incense) may be used by a mourning after being cleaned from her menses.
We were forbidden to mourn for more than three days for a dead person, except for a husband, for whom a wife should mourn for four months and ten days (while in the mourning period) we were not allowed to put kohl in our eyes, nor perfume our-selves, nor wear dyed clothes, except a garment of 'Asb (special clothes made in Yemen). But it was permissible for us that when one of us became clean from her menses and took a bath, she could use a piece of a certain kind of incense. And it was forbidden for us to follow funeral processions.
Chapter 49: A mourning lady can wear clothes of 'Asb.
The Prophet (ﷺ) said, "It is not lawful for a lady who believes in Allah and the Last Day, to mourn for more than three days for a dead person, except for her husband, in which case she should neither put kohl in her eyes, nor perfume herself, nor wear dyed clothes, except a garment of 'Asb"
The Prophet (ﷺ) said, "She should not use perfume except when she becomes clean from her menses whereupon she can use Qust, and Azfar (two kinds of incense).
Chapter 50: "And those of you who die and leave behind wives..."
(regarding the Verse): 'If any of you dies and leaves wives behind,' That was the period of the 'Iddah which the widow was obliged to spend in the house of the late husband. Then Allah revealed: And those of you who die and leave wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they leave, there is no blame on you for what they do of themselves, provided it is honorable (i.e. lawful marriage) (2.240) Mujahid said: Allah has ordered that a widow has the right to stay for seven months and twenty days with her husband's relatives through her husband's will and testament so that she will complete the period of one year (of 'Iddah). But the widow has the right to stay that extra period or go out of her husband's house as is indicated by the statement of Allah: 'But if they leave there is no blame on you,... ' (2.240) Ibn `Abbas said: The above Verse has cancelled the order of spending the period of the 'Iddah at her late husband's house, and so she could spend her period of the 'Iddah wherever she likes. And Allah says: 'Without turning them out.' 'Ata said: If she would, she could spend her period of the 'Iddah at her husband's house, and live there according to her (husband's) will and testament, and if she would, she could go out (of her husband's house) as Allah says: 'There is no blame on you for what they do of themselves.' (2.240) 'Ata added: Then the Verses of inheritance were revealed and the order of residence (for the widow) was cancelled, and she could spend her period of the 'Iddah wherever she would like, and she was no longer entitled to be accommodated by her husband's family.
When Um Habiba bint Abi Sufyan was informed of her father's death, she asked for perfume and rubbed it over her arms and said, "I am not in need of perfume, but I have heard the Prophet (ﷺ) saying, "It is not lawful for a lady who believes in Allah and the Last Day to mourn for more than three days except for her husband for whom the (mourning) period is four months and ten days."
Chapter 51: The earnings of a prostitute and the illegal wedding.
The Prophet (ﷺ) prohibited taking the price of a dog, the earnings of a soothsayer and the money earned by prostitution.
The Prophet (ﷺ) cursed the lady who practices tattooing and the one who gets herself tattooed, and one who eats (takes) Riba' (usury) and the one who gives it. And he prohibited taking the price of a dog, and the money earned by prostitution, and cursed the makers of pictures.
The Prophet (ﷺ) forbade taking the earnings of a slave girl by prostitution.