The Chapters on Divorce

كتاب الطلاق

Chapter 1: Divorce

It was narrated from 'Umar bin Khattab that

the Messenger of Allah divorced Hafsah then took her back.

It was narrated from Abu Musa that

the Messenger of Allah said: What is wrong with people who play with the limits imposed by Allah, and one of them says: "I divorce you, I take you back, I divorce you?"

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)."

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."

It was narrated that Yunus bin Jubair, Abu Ghallab, said

"I asked Ibn 'Umar about a man who divorced his wife when she was menstruating. He said: 'Do you know 'Abdullah bin 'Umar? He divorced his wife when she was menstruating then 'Umar came to the Prophet (ﷺ) (and told him what had happened). He ordered him to take her back.' I said: 'Will that be counted (as a divorce)?' He said: 'Do You think he was helpless and behaving foolishly? [i.e., Yes, it counts (as a divorce).]."'

Chapter 3: How a pregnant woman is to be divorced

It was narrated from Ibn 'Umar that

he divorced his wife when she was menstruating, and 'Umar mentioned that to the Prophet (ﷺ). He said: "Tell him to take her back then divorce her when she is pure (not menstruating) or pregnant."

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."'

Chapter 5: Taking one’s wife back

'Imran bin Husain

was asked about a man who divorced his wife then had intercourse with her, and there were no witnesses to his divorcing her or his taking her back. 'Imran said: "You have divorced (her) in a manner that is not according to the Sunnah, and you have taken her back in a manner that is not according to the Sunnah. Bring people to witness your divorcing her and taking her back."

Chapter 6: When a divorced pregnant woman gives birth, the divorce becomes irrevocable

It was narrated from Zubair bin 'Awwam that

he was married to Umm Kulthum bint 'Uqbah, and she said to him when she was pregnant. "I will accept one divorce." So he divorced her once. Then he went out for prayer, and when he came back she had given birth. He said: "What is wrong with her? She misled me may Allah mislead her!" Then he came to the Prophet (ﷺ), who said: "Her waiting period is over (and she is divorced); propose marriage a new to her."

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

It was narrated that Abu Sanabil said

"Subai'ah Aslamiyyah bint Harith gave birth twenty-odd days after her husband died. When her postnatal bleeding ended, she adorned herself, and was criticized for doing that. Her case was mentioned to the Prophet (ﷺ) and he said: 'If she does that, then her waiting period is over."'

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 from Miswar bin Makhramah that

the Prophet (ﷺ) told Subai'ah to get married, when her postnatal bleeding ended.

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 from Hisham bin 'Urwah that his father said

"I entered upon Marwan and said to him: 'A women from your family has been divorced. I passed by her and she was moving. She said: 'Fatimah bint Qais told us to do that, and she told us that the Messenger of Allah (ﷺ) told her to move.' Marwan said: 'She told them to do that."' 'Urwah said: "l said: 'By Allah, 'Aishah did not like that, and said: 'Fatimah was living in a deserted house and it was feared for her (safety and well being), so the Messenger of Allah (ﷺ) granted a concession to her.'"

It was narrated that 'Aishah said

“Fatimah bint Qais said: 'O Messenger of Allah, (ﷺ) I am afraid that someone may enter upon me by force.' So he told her to move."

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.'"