The Chapters on Divorce

كتاب الطلاق

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

It was narrated that Ibn 'Abbas said

"The husband of Barirah was a slave called Mughith. It is as if I can see him now, walking behind her and weeping, with tears running down his cheeks. The Prophet (ﷺ) said to 'Abbas: 'O Abbas, are you not amazed by the love of Mughith for Barirah, and the hatred of Barirah for Mughith?' And the Prophet said to her: Why don’t you take him back, for he is the father of your child?' She said: 'O Messenger of Allah, are you commanding me (to do so)?' He said: 'No, rather I am interceding.' She said: 'I have no need of him.' "

It was narrated that Aishah said

'Three Sunan were established because of Barirah: She was given the choice (of whether to remain married) when she was freed, and her husband was a slave; they used to give her charity and she used to give it as a gift to the Prophet (ﷺ), and he would say: 'It is charity for her and a gift for us,' and he said, the 'Wala' is for the one who set the slave free.'"

It was narrated that 'Aishah said

"Barirah was told to observe the waiting period for three menstrual cycles."

It was narrated from Abu Hurairah that

the Messenger of Allah (ﷺ) gave Barirah the choice.

Chapter 30: Divorce and waiting period of a slave woman

It was narrated from Ibn 'Urnar that the Messenger of Allah (ﷺ), said

"The divorce of a slave woman is twice, and her waiting period is two menstrual cycles. "

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

"The divorce of a slave woman is twice, and her (waiting) period is two menstrual cycles." Abu 'Asim said: "I mentioned this to Muzahir and said: 'Tell me what you told Ibn Juraij.' So he told me, narrating from Qasim from 'Aishah, that the Prophet (ﷺ) said: 'The divorce of a slave woman is twice, and her (waiting) period is two menstrual cycles."'

Chapter 31: The divorce performed by a slave

It was narrated that Ibn 'Abbas said

"A man came to the Prophet (ﷺ) and said: 'O Messenger of Allah, my master married me to his slave woman, and now he wants to separate me and her.' The Messenger of Allah (ﷺ) ascended the pulpit and said: 'O people, what is the matter with one of you who marries his slave to his slave woman, then wants to separate them? Divorce belongs to the one who takes hold of the calf (i.e., her husband).’ “

Chapter 32: One who divorces a slave woman with two divorces, then buys her

lt was narrated that Abul Hasan, the freed slave of Banu Nawfal, said

"Ibn 'Abbas was asked about a slave who divorces his wife twice, then (they are freed). Can he marry her? He said: 'Yes.' It was said to him: 'On what basis?' He said: 'The Messenger of Allah (ﷺ) passed such a judgement .' " (D a' if)

Chapter 33: The waiting period of an Umm Walad

It was narrated that 'Amr bin 'As said

"Do not corrupt the Sunnah of our Prophet Muhammad (ﷺ). The waiting period of an Umm Walad is four months and ten (days)."

Chapter 34: It is disliked for a recently widowed woman to adorn herself

It was narrated from Humaid bin Nafi' that

he heard Zainab the daughter of Umm Salamah narrating that she heard Umm Salamah and Umm Habibah mention that a woman came to the Prophet (ﷺ) and said that her daughter's husband had died, and she was suffering from an eye disease, and she wanted to apply kohl to her eyes (as a remedy). The Messenger of Allah (ﷺ) said: "One of you would throw a she-camel's dropping when a year had passed (since the death of her husband. Rather it is four months and ten (days)."

Chapter 35: Can a woman mourn for anyone other than her husband?

It was narrated from 'Aishah that

the Prophet (ﷺ) said: "It is not permissible for a woman to mourn for any deceased person for more than three days, except for her husband."

It was narrated from Hafsah the wife of the Prophet (ﷺ) that

the Messenger of Allah (ﷺ), said: "It is not permissible for a woman who believes in Allah and the Last Day to mourn for any deceased person for more than three days, except for her husband."

It was narrated from Umm 'Atiyyah that the Messenger of Allah (ﷺ) said

'No deceased person should be mourned for more than three days, except a woman should mourn for her husband for four months and ten days, and she should not wear dyed clothes, except for a garment of 'Asb, and she should not wear kohl or perfume, except at the beginning of her purity, when she may apply a little Qust and Azfar.’”

Chapter 36: A man whose father orders him to divorce his wife

It was narrated that 'Abdullah bin 'Umar said

"I had a wife whom I loved, but my father hated her. 'Umar mentioned that to the Prophet (ﷺ) and he ordered me to divorce her, so I divorced her."

It was narrated from 'Abdur-Rahman that

a man's father or mother - Shu'bah (one of the namators) was not sure - ordered him to divorce his wife, and he made a vow that he would free one hundred slaves if he did that. He came to Abu Darda' while he was praying the Duha, and he was making his prayer lengthy, and he prayed between Zuhr and 'Asr. Then he asked him and Abu Darda' said: "Fulfill your vow and honor your parents." Abu Ad-Darda' said: "I heard the Messenger of Allah (ﷺ) say: '(Honoring) one's father may lead one to enter through the best of the gates of Paradise; so take care of your parents, (it is so, whether you take care of them) or not. "