The Chapters on Divorce

كتاب الطلاق

Chapter 10: Does a woman who has been divorced three times have the right to accommodation and maintenance?

It was narrated that Abu Bakr bin Abu Jahm bin Sukhair Al-'Adawi said

"I heard Fatimah bint Qais say that her husband divorced her ttree times, and the Messenger of Allah (ﷺ) did not say that she was entitled to accommodation and maintenance."

It was narrated that Sha'bi said

Fatimah bint Qais said:“My husband divorced me at the time of the Messenger of Allah (ﷺ) three times. The Messenger of Allah (ﷺ) said: 'You have no right to accommodation or to maintenance.'”

Chapter 11: Giving a gift in the event of divorce

It was narrated from 'Aishah that

'Amrah bint Jawn sought refuge.with Allah from the Messenger of Allah (ﷺ) when she was brought to him (as a bride) He said: "You have sought refuge with Him in Whom refuge is sought." So he divorced her and told Usamah or Anas to give her, a gift of three garments of white flax.

Chapter 12: When the man denies the divorce

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

the Prophet (ﷺ) said: "If a woman claims that her husband has divorced her, and she brings a witness of good character (to testify) to that, her husband should be asked to swear an oath. If he swears, that will invalidate the testimony of the witness, but if he refuses then that will be equivalent to a second witness, and the divorce will take effect."

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 15: Divorce of one who is insane, a minor and one who is sleeping

It was narrated from Aishah that

the Messenger of Allah said. "The Pen has been lifted from three : from the sleeping person until he awakens, from the minor until he grows up, and from the insane person until he comes to his senses."In his narration, (one of the narrators Abu Bakr (Ibn Abu Shaibah) said: "And from the afflicted person, unit he recovers" (1)

It was narrated from 'Ali bin Abu Talib that

the Messenger of Allah (ﷺ) said: "The Pen is lifted from the minor, the insane person and the sleeper."

Chapter 16: Divorce of one who is compelled, and of one who is forgetful

It was narrated from Abu Dharr Al-Ghifari that the Messenger of Allah (ﷺ) said

Allah has forgiven for me my nation their mistakes and forgetfulness, and what they are forced to do."

It was narrated from Abu Hurairah that the

Messenger of Allah (ﷺ) said : "Allah has forgiven my nation for the evil suggestions of their hearts, so long as they do not act upon it or speak of it, and for what they are forced to do."

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

"Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."

It was narrated that Safiyyah bint Shaibah said

"Aishah told me that the Messenger of Allah (ﷺ) said: 'There is no divorce and no manumission at the time of coercion.' "

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."

It was narrated from Miswar bin Makharamah that the Prophet (ﷺ) said

"There is no divorce before marriage, and no manumission before taking possession."

It was narrated from ' Ali bin Abu Talib that the Prophet (ﷺ) said

"There is no divorce before marriage."

Chapter 18: (Words) by which divorce takes place

Awza'i said

"I asked Zuhri: 'Which of the wives of the Prophet (ﷺ) sought refuge with Allah from him? He said : "Urwah told me, (narrating) from 'Aishah, that when the daughter of Jawn entered upon the Messenger of Allah (ﷺ) and he came close to her, she said: "I seek refuge with Allah from you." the Messenger of Allah (ﷺ) said : "You have sought refuge in the Almighty" go to your family."

Chapter 19: Irrevocable divorce

It was narrated from 'Abdullah bin 'Ali bin Yazid bin Rukanah, from his father, from his grandfather, that

he divorced his wife irrevocably, then he came to the Messenger of Allah (ﷺ) and asked him. He said: "What did you mean by that?" He said: "One (divorce)." He said: "By Allah did you only mean one (divorce) thereby?" He said: "By Allah, I meant one." Then he sent her back to him. (Da'if)Muhammad bin Majah said: I heard Abul-Hasan ' Ali bin Muhammad Tanafisi saying: "How noble is this Hadith." Ibn Majah said: 'Abu 'Ubaid left it (i.e., did not accept its narration) and Ahmad was fearful of it (i.e., of narrating it)."

Chapter 20: A man giving his wife the choice

It was narrated that Aishah said

"The Messenger of Allah gave us the choice, and we chose him, and he did not consider it as something (i.e., an effective divorce)."

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. "