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."

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

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 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 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)."

Chapter 23: The waiting period of a woman granted Khul`

It was narrated from 'Ubadah bin Samit from Rubai' bint Mu'awwidh bin 'Afra'.

He said: "I said to her: 'Tell me your Hadith.' She said: 'I got Khul' from my husband, then I came to 'Uthman and asked him: "What waiting period do I have to observe?" He said: "You do not have to observe any waiting period, unless you had intercourse with him recently, in which case you should stay with him until you have menstruated." In that he was following the ruling of the Messenger of Allah (ﷺ) concerning Maryam Maghaliyyah, who was married to Thabit bin Qais and she got Khul' from him.' "

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

It was narrated from Umm Salamah that

the Messenger of Allah (ﷺ) swore to keep away from some of his wives for a month. On the twenty-ninth day, in the evening or the morning, it was said: "O Messenger of Allah, only twenty-nine days have passed." He said: "The month is twenty-nine days."

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

It was narrated from Ibn 'Abbas that

a man declared Zihar upon his wife, then he had intercourse with her before offering expiation. He came to the Prophet (ﷺ) and told him about that. He said: "What made you do that?" He said: "I saw her ankles in the moonlight, and I could not control myself, and I had intercourse with her." The Messenger of Allah (ﷺ) smiled and told him not to go near her until he had offered expiation.

Chapter 27: The Li`an

It was narrated that 'Abdullah said

"We were in the mosque one Friday night when a man said: 'If a man finds a man with his wife and kills him, will you kill him, and if he speaks,will you flog him. By Allah I will mention that to the Prophet (ﷺ). So he mentioned that to the Prophet (ﷺ), and Allah revealed the Verses of Li'an. Then after that the man came and accused his wife, so the Prophet (ﷺ) told them to go through the procedure of Li'an and he said: 'Perhaps she will give birth to a black child.’ Then she gave birth to a black child with curly hair."

Chapter 1: Divorce

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?"

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 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 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."'

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.'"

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)

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."

Chapter 17: No divorce before marriage

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."