The Chapters on Divorce

كتاب الطلاق

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

It was narrated from Aishah that

the Messenger of Allah (ﷺ) swore to keep away from his wives, because Zainab had sent back her gift and 'Aishah said: "She has disgraced you." He became angry and swore to keep away from them.

Chapter 27: The Li`an

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

the Prophet (ﷺ) said: "There are four kinds of women for whom there is no Li'an: a Christian woman married to a Muslim, a Jewish woman married to a Muslim, a free woman married to a slave, and a slave woman married to a free man."

Chapter 0

Chapter 2: Divorce according to the Sunnah

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 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 from Miswar bin Makhramah that

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

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

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."

Chapter 10: Does a woman who has been divorced three times have the right 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 16: Divorce of one who is compelled, and of one who is forgetful

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."

Chapter 22: The man whose wife (seeks) Khul` takes what he had given her

It was narrated from Ibn 'Abbas that

Jamilah bint Salul came to the Prophet (ﷺ) and said: "By Allah, I do not find any fault with Thabit regarding his religion nor his behavior, but I hate disbelief after becoming Muslim and I cannot stand him. "The Prophet (ﷺ) said to her: 'WiIl you give him back his garden?" She said: "Yes." So the Messenger of Allah (ﷺ) told him to take back his garden from her and no more than that.

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

"Habibah bint Sahl was married to Thabit bin Qais bin Shammas, who was an ugly man. She said: 'O Messenger of Allah, (ﷺ) by Allah, were it not for fear of Allah when he enters upon me I would spit in his face.' The Messenger of Allah (ﷺ) said: 'Will you give him back his garden?' She :said: 'Yes.' So she gave him back his garden and the Messenger of Allah (ﷺ) separated them."

Chapter 25: Zihar

It was narrated from 'Urwah bin Zubair, that 'Aishah said

"Blessed is the One Whose hearing encompasses all things. I heard some of the words of Khawlah bint Tha'labah, but some of her words were not clear to me, when she complained to the Messenger of Allah (ﷺ) about her husband, and said: 'O Messenger of Allah, (ﷺ) he has consumed my youth and I split my belly for him (i.e., bore him many children), but when I grew old and could no longer bear children he declared Zihar upon me; O Allah, I complain to You.' She continued to complain until Jibra'il brought down these Verses: 'Indeed Allah has heard the statement of she who pleads with you (O Muhammad) concerning her husband, and complains to Allah" (58:1)

Chapter 27: The Li`an

It was narrated that Sahl bin Sa'd As-Sa'idi said

"Uwaimir came to 'Asim bin 'Adi and said: 'Ask the Messenger of Ailah (ﷺ) for me: "Do you think that if a man finds another man with his wife and kills him, he should be killed in retaliation, or what should he do?" 'Asim asked the Messenger of Allah (ﷺ) about that, and the Messenger of Allah (ﷺ) disapproved of the question. Then 'Uwaimir met him ('Asim) and asked him about that, saying: 'What did you do?’ He said: I did that and you have not brought me any good. I asked the Messenger of Allah (ﷺ) and he disapproved of this question.’ Uwaimir said: 'By Allah, I will go to the Messenger of Allah (ﷺ) myself and ask him.' So he went to the Messenger of Allah (ﷺ) and found that Qur'an had been revealed concerning them, and the Prophet (ﷺ) told them to go through the procedure of Li'an. 'Uwaimir said: 'O Messenger of Allah, (ﷺ) by Allah if I take her back, I would have been telling lies about her.' So he left her before the Messenger of Allah (ﷺ) told him to do so, and that became the Sunnah for two who engage in the procedure of Li'an. Then the Prophet (ﷺ) said: 'Wait and see. If she gives birth to a child who is black in color with widely-spaced dark eyes and large buttocks, then I think that he was telling the truth about her, but if she gives birth to a child with a red complexion like a Wahrah,[1] then I think that he was lying.' Then she gave birth to a child with features resembling those of the man concerning whom she was accused."

It was narrated from Ibn 'Abbas that

Hilal bin Umayyah accused his wife in the presence of the Prophet (ﷺ) of (committing adultery) with Sharik bin Sahma'. The Prophet said: "Bring proof or you will feel the Hadd (punishment) on your back." Hilal bin Umayyah said: "By the One Who sent you with the truth, I am telling the truth, and Allah will send down revelation concerning my situation which will spare my back." Then the following was revealed: "And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e., testifies four times) by Allah that he is one of those who speak the truth. And the fifth (testimony should be) the invoking of the curse of Allah on him if he be of those who tell a lie (against her). But it shall avert the punishment (of stoning to death) from her, it she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the wrath of Allah be upon her if he (her husband) speaks the truth." The Prophet (ﷺ), turned and sent for them, and they came. Hilal bin Umayyah stood up and bore witness, and the Prophet (ﷺ) said: "Allah knows that one of you is lying. Will either of you repent?" Then she stood up and affirmed her innocence. On the fifth time, meaning that the wrath of Allah be upon her if he (her husband) speaks the truth, they said to her: "It will invoke the wrath of Allah." Ibn 'Abbas said: "She hesitated and backed up, until we thought that she was going to recant. Then she said: 'By Allah, I cannot dishonor my people for ever.' Then the Prophet (ﷺ) said: 'Wait and see. If she gives birth to a child with black eyes, fleshy buttocks and big calves, then he is the son of Sharik bin Sahma'.' And she gave birth to such a child. Then the Prophet (ﷺ) said: 'Had it not the matter been settled by the Book of Allah, I would have punished her severely.' "

It was narrated from Ibn 'Umar that

a man invoked curses on his wife, and refused to accept her child. The Messenger of Allah (ﷺ) separated them, and left the child with the woman.

Chapter 28: Declaring a woman as unlawful for oneself

It was narrated that 'Aishah said

"The Messenger of Allah swore to keep away from his wives and declared them as unlawful for him, so he made something permissible forbidden, and he offered expiation for having sworn to do so."

It was narrated from Sa'eed bin Jubair that Ibn 'Abbas said

"For the one who makes unlawful is the swearing." (Sahih)And Ibn 'Abbas used to say: "You had the best example in the Messenger of Allah." (33:21)

Chapter 29: Giving a slave woman the choice when she is freed

It was narrated from Aishah that

she freed Barirah and the Messenger of Allah (ﷺ) gave her the choice, and she (Barirah) had a free husband.