The Chapters on Divorce

كتاب الطلاق

Chapter 1: Divorce

It was narrated from 'Abdullah bin 'Umar that

the Messenger of Allah said: "The most hated of permissible things to Allah is divorce. "

Chapter 2: Divorce according to the Sunnah

It was narrated that Ibn 'Umar said

"I divorced my wife when she was menstruating. 'Umar mentioned that to the Messenger of Allah and he said: 'Tell him to take her back until she becomes pure (i.e., her period ends), then she has her period (again), then she becomes pure (again), then if he wishes he may divorce her before having sexual relations with her, and if he wishes he may keep her. This is the waiting period that Allah has enjoined.'"

It was narrated that Abdullah said

"Divorce according to the Sunnah means divorcing her when she is pure, ( i.e., not menstruating) and without having had intercourse with her (during that cycle)."

Chapter 7: When a pregnant widow gives birth, it is permissible for her to remarry

It was narrated that Masruq and 'Amr bin 'Utbah wrote to Subai'ah bint Harith, asking about her case.

She wrote to them saying that she gave birth twenty-five days after her husband died. Then she prepared herself, seeking to remarry. Abu Sanabil bin Ba'kak passed by her and said: "You are in a hurry; observe waiting period for the longer period, four months and ten days." "So I went to the Prophet (ﷺ) and said: 'O Messenger of Allah, (ﷺ) pray for forgiveness for me.' He said: 'Why is that.” I told him (what had happened). He said: 'If you find a righteous husband then marry him."'

It was narrated that' Abdullah bin Mas'ud said

"By Allah, for those who would like to go through the process of praying for Allah's curse to be upon the one who is wrong, the shorter Surah concerning women[l] was revealed after (the Verses[2] which speak of the waiting period of) four months and ten (days)." [1] (65:40), [2] (2:234)

Chapter 8: Where should the woman whose husband died observe her waiting period?

It was narrated from Zainab bint Ka'b bin 'Ujrah, who was married to Abu Sa'eed Al-Khudri,

that his sister Furai'ah bint Malik said: "My husband went out to pursue some slaves of his. He caught up with them at the edge of Qadumttl and they killed him. News of his death reached me when I was in one of the houses of the Ansar, far away from the house of my family and my brothers. I went to the Prophet (ﷺ) and said: 'O Messenger of Allah (ﷺ), there has come to me news of my husband's death and I am in a house far away from the house of my people and the house of my brothers. He did not leave any money that could be spent on me, or any inheritance, or any house I may take possession of. If you think that you could give me permission to join my family and my brothers, then that is what I prefer and is better for me in some ways.' He said: 'Do that if you wish.' Then I went out, feeling happy with the ruling of Allah given upon the lips of the Messenger of Allah (ﷺ), until, when I was in the mosque, or, in one of the apartments, he called me and said: 'What did you say?' I told him the story, and he said: 'Stay in the house in which the news of your husband's death came to you, until your waiting period is ever."' She said: "So I observed the waiting period there for four months and ten (days)."

Chapter 9: Can a woman go out during her waiting period?

It was narrated that Jabir bin 'Abdullah said

"My maternal aunt was divorced, and she wanted to collect the harvest from her date-palm trees. A man rebuked her for going out to the trees. She went to the Prophet (ﷺ), who said: 'No, go and collect the harvest from your trees, for perhaps you will give some in charity or do a good deed with it.'"

Chapter 13: One who divorces, marries or takes back his wife in jest

It was narrated from Abu Hurairah that

the Messenger of Allah (ﷺ) said: "There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one's wife). "

Chapter 14: One who divorces his wife to himself, but did not speak the words out loud

It was narrated from Abu Hurairah that

the Messenger of Allah (ﷺ) said: "Allah has forgiven my nation for what they think of to themselves, so long as they do not act upon it or speak of it."

Chapter 17: No divorce before marriage

It was narrated from "Amr bin Shu'aib, from his father, from his grandfather, that

the Messenger of Allah said : "There is no divorce regarding that which one does not possess."

Chapter 20: A man giving his wife the choice

It was narrated that Aishah said

"When the following was revealed: 'But if you desire Allah and His Messenger, (ﷺ) the Messenger of Allah (ﷺ) entered upon me and said: 'O Aishah I want to say something to you, and you do not have to hasten (in making a decision) until you have consulted your parents."' She said: "He knew, by Allah, that my parents would never tell me to leave him." She said: "Then he recited to me: ' O Prophet (Muhammad)! Say to your wives: " If you desire the life of this world, and its glitter.'" I said: 'Do I need to consult my parents about this? I choose Allah and His Messenger."'

Chapter 21: That Khul` is undesirable for the women

It was narrated from Ibn 'Abbas that the Prophet (ﷺ) said

"No woman asks for divorce when it is not absolutely necessary, but she will never smell the fragrance of paradise, although its fragrance can be detected from a distance of forty years' travel. "

It was narrated from Thawban that the Messenger of Allah (ﷺ) said

'Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.'"

Chapter 24: Swearing to forego marital relations with one’s wife

It was narrated that 'Aishah said

"The Messenger of Allah (ﷺ) swore that he would not enter upon his wives for a month, and he stayed for twenty-nine days until, on the eve of the thirtieth, he entered upon me. I said: 'You swore not to enter upon us for a month.' He said: 'The month may be like this,' and he held up his (ten) fingers three times; 'or the month may be like this,' and he held up his fingers three times, keeping one finger down on the third time."

Chapter 25: Zihar

It was narrated that Salamah bin Sakhr Al-Bayadi said

"I was a man who had a lot of desire for women, and I do not think there was any man who had as great a share of that as me. When Ramadan began, I declared Zihar upon my wife (to last) until Ramadan ended. While she was talking to me one night, part of her body became uncovered. I jumped on her and had intercourse with her. The next morning I went to my people and told them, and said to them: 'Ask the Messenger of Allah (ﷺ) for me.' They said: 'We will not do that, lest Allah reveal Quran concerning us or the Messenger of Allah (ﷺ) says, something about us, and it will be a lasting source of disgrace for us. Rather we will leave you to deal with it yourself. Go yourself and tell the Messenger of Allah (ﷺ) about your problem.' So I went out and when I came to him, I told him what happened. The Messenger of Allah (ﷺ) said: 'Did you really do that?' I said: 'I really did that, and here I am, O Messenger of Allah. (ﷺ) I will bear Allah’s ruling on me with patience.' He said: 'Free a slave.' I said: 'By the One Who sent you with the truth, I do not own anything but myself.' He said: 'Fast for two consecutive months.' I said: 'O Messenger of Allah, the thing that happened to me was only because of fasting.' He said: 'Then give charity, or feed sixty poor persons.' I said: 'By the One Who sent you with the truttu we spent last night with no dinner.' He said: 'Then go to the collector of charity of Banu Zuraiq, and tell him to give you something, then feed sixty poor persons, and benefit from the rest.'"

Chapter 26: A man who declared Zihar upon his wife, having intercourse with her before offering expiation

It was narrated from Salamah bin Sakhr Al-Bayedi that

the Prophet (ﷺ) said concerning a man who declared Zihar upon his wife having intercourse with her before compensation: "Let him offer one expiation."

Chapter 27: The Li`an

It was narrated that Ibn 'Abbas said

"A man from among the Ansar manried a wornan from Bal'ijlan. He entered upon her and spent the night with her, then in the morning he said: 'I did not find her to be a virgin.' Her case was taken to the Prophet (ﷺ), and he called the girl and asked her. She said: 'No, I was a virgin.' So he told thern to go through the procedure of Li'an, and gave her the bridal-money.” (D a'if)

Chapter 1: Divorce

It was narrated from 'Umar bin Khattab that

the Messenger of Allah divorced Hafsah then took her back.

Chapter 2: Divorce according to the Sunnah

It was narrated that 'Abdullah said

"Divorce according to the Sunnah means divorcing her with one divorce in each cycle when she is pure, then when she becomes pure the third time, then he pronounces divorce again, and after that she must wait one more menstrual cycle."

Chapter 4: One who divorces his wife three times in one sitting

It was narrated that 'Amir Sha'bi said

"I said to Fatimah bint Qais: 'Tell me about your divorce.' She said: 'My husband divorced me three times when he was leaving for Yemen, and the Messenger of Allah (ﷺ) allowed that."'