Divorce

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibnMuhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint AbiSalama related these three traditions to him. Zaynab said, "I visitedUmm Habiba, the wife of the Prophet, may Allah bless him and grant himpeace, when her father Abu Sufyan ibn Harb had died. Umm Habiba calledfor a yellowy perfume perhaps khaluq or something else. She rubbed theperfume first on a slave-girl and she then wiped it on the sides ofher face and said, 'By Allah! I have no need of perfume but I heardthe Messenger of Allah, may Allah bless him and grant him peace, say,'It is not halal for a woman who trusts in Allah and the Last Day toabstain from adornment in mourning for someone who has died, for morethan three nights, except for four months and ten days for a husband.'"

Zaynab said, "I went to the house of Zaynab bint Jahsh, the wifeof the Prophet, may Allah bless him and grant him peace, when herbrother had died. She called for perfume and put some on and said, 'ByAllah! I have no need of perfume, but I heard the Messenger of Allah,may Allah bless him and grant him peace, say, 'It is not halal for awoman who trusts in Allah and the Last Day to abstain from adornmentin mourning for someone who has died for more than three nights,except for four months and ten days for a husband.' "

Zaynab said, "I heard my mother, Umm Salama, the wife of theProphet, may Allah bless him and grant him peace, say that a womancame to the Messenger of Allah, may Allah bless him and grant himpeace, and said, 'Messenger of Allah! My daughter's husband died, andher eyes are troubling her, can she put kohl on them?' The Messengerof Allah, may Allah bless him and grant him peace, said, 'No' two orthree times. Then he said, 'It is only four months and ten days. Inthe Jahiliyya, none of you threw away the piece of dung until a yearhad passed.' "

Humayd ibn Nafi said, "I asked Zaynab toexplain what 'throwing away the piece of dung at the end of a year'meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, shewent into a small tent and dressed in the worst of clothes. She didnot touch perfume or anything until a year had passed. Then she wasbrought an animal - a donkey, a sheep, or a bird, and she would breakher idda with it, by rubbing her body against it (taftaddu). Rarelydid she break her idda with anything (by rubbing herself against it)but that it died. Then she would come out and would be given a pieceof dung. She would throw it away and then return to whatever shewished of perfumes or whatever.' "

Malik explained,'Taftaddu' means to wipe her skin with it in the same way as with ahealing charm."

Yahya related to me from Malik from Nafi from Safiyya bint AbiUbayd from A'isha and Hafsa, the wives of the Prophet, may Allah blesshim and grant him peace, that the Messenger of Allah, may Allah blesshim and grant him peace, said, "It is not halal for a woman inmourning for someone who has died, if she trusts in Allah and the LastDay, to abstain from adornment for more than three nights, except fora husband."

Yahya related to me from Malik that he had heard that Umm Salama,the wife of the Prophet, may Allah bless him and grant him peace, saidto a woman in mourning for her husband whose eyes were troubling herand the pain had become very strong, "Apply jala kohl at night andwipe it off in the day."

Yahya related to me from Malik that he had heard that Salim ibnAbdullah and Sulayman ibn Yasar said that if a woman whose husband haddied feared that an inflammation of her eyes might affect her sight orthat some complaint might befall her, she should put kohl on and seeka remedy with kohl or some other cure even if it had perfume in it.

Malik said, "If there is a necessity, the deen of Allah isease."

Yahya related to me from Malik from Nafic that Saffiyya bint AbiUbayd suffered from an eye-complaint while she was in mourning for herhusband, Abdullah ibn Umar. She did not apply kohl until her eyesalmost had ramas (a dry white secretion in the corners of the eye).

Malik said, "A woman whose husband has died should anoint hereyes with olive oil and sesame oil and the like of that since there isno perfume in it."

Malik said, "A woman in mourning for herhusband should not put on any jewellery - rings, anklets, or such-like, neither should she dress in any sort of colourful, stripedgarment unless it is coarse. She should not wear any cloth dyed withanything except black, and she should only dress her hair with thingslike lotus-tree leaves which do not dye the hair."

108 Yahya related to me from Malik that he had heard that theMessenger of Allah, may Allah bless him and grant him peace, visitedUmm Salama while she was in mourning for Abu Salama and she had putaloes on her eyes. He said, "What is this, Umm Salama?" She said, "Itis only aloes, Messenger of Allah." He said, "Put it on at night andwipe it off in the daytime."

Malik said, "The mourning of ayoung girl who has not yet had a menstrual period takes the same formas the mourning of one who has had a period. She avoids what a maturewoman avoids if her husband dies."

Malik said, "A slave-girlmourns her husband when he dies for two months and five nights likeher idda.''

Malik said, "An umm walad does not have to mournwhen her master dies, and a slave-girl does not have to mourn when hermaster dies. Mourning is for those with husbands."

Yahya related to me from Malik that he had heard that Umm Salama,the wife of the Prophet, may Allah bless him and grant him peace,said, "A mourning woman can rub her head with lotus leaves and oliveoil.''

Yahya related to me from Malik that he had asked Ibn Shihab aboutwhether the deadline was set from the day he had married her, or fromthe day she raised the question before the Sultan. He said. 'It isfrom the day she presents it before the Sultan.'

Malik said,"As for someone who has intercourse with his wife and then isprevented from intercourse with her, I have not heard that there is adeadline set for him or that they are separated."