Marriage
كتاب النكاح
Chapter 31: The Treatment of Wives, and the Rights of each - Section 2
'A’isha told that when God’s Messenger arrived after the expedition to Tabuk or Hunain the wind raised an end of a curtain which was placed before her storeroom, revealing some dolls which belonged to her. He asked her what this was and she replied that they were her dolls. Among them he saw a horse with wings made of rags and asked what that was that he saw among them. She told him that it was a horse, and when he asked what it was that it had on it and she replied that it had wings, he said, “A horse with wings!” She replied, “Have you not heard that Solomon had horses with wings?” She said that he laughed so heartily that she could see his back teeth. Abu Dawud transmitted it.
Chapter 33: Separating from a Wife for a Compensation ; and Divorce - Section 1
Ibn ‘Abbas told that the wife of Thabit b. Qais came to the Prophet and said, “Messenger of God, I do not reproach Thabit b. Qais in respect of character or religion, but I do not want to be guilty of infidelity* regarding Islam.” God’s Messenger asked her if she would give him back his garden, and when she replied that she would, he told him to accept the garden and make one declaration of divorce. * Meaning she did not like him and so was afraid she might not show him the respect due to a husband. Kufran, translated ‘infidelity’, can also mean ‘ingratitude’.Bukhari transmitted it.
One makes atonement for something he has made unlawful for himself.* You have had a good example in God’s Messenger. * i.e. something not in itself unlawful. It is treated like an oath for breaking which atonement must be made. The Prophet’s example refers to his withdrawing from his wives for a period.(Bukhari and Muslim.)
Chapter 34: Separating from a Wife for a Compensation ; and Divorce - Section 2
Ibn ‘Umar reported the Prophet as saying, “The lawful thing which God hates most is divorce.” Abu Dawud transmitted it.
‘Amr b. Shu'aib, on his father’s authority, said his grandfather reported God’s Messenger as saying, “No descendant of Adam may make a vow about what he does not possess, or set free what he does not possess, or divorce what he does not possess.” Tirmidhi transmitted it, and Abu Dawud added, “or sell what he does not possess.”
Rukana b. 'Abd Yazid said he divorced his wife Suhaima absolutely and when the Prophet was informed of that he said, “I swear by God that I meant it to be only a single utterance of divorce.” God’s Messenger asked him if that was so, and when he assured him that it was, he restored her to him. Then he divorced her the second time in the time of ‘Umar and the third time in the time of ‘Uthman. Abu Dawud, Tirmidhi, Ibn Majah and Darimi transmitted it, but only Abu Dawud mentioned the second and third time (See Abu Dawud’s Sunan, Talaq, 14).
Chapter 35: Separating from a Wife for a Compensation ; and Divorce - Section 3
Abu Huraira reported the Prophet as saying, “Women who withdraw themselves from their husbands and women who persuade their husbands to divorce them for a compensation are hypocrites.”**This type of separation should be by mutual consent. Nasa’i transmitted it.
Mahmud b. Labid told that when God’s Messenger was informed about a man who had divorced his wife declaring it three times without any interval between them, he arose in anger and said, “Is sport being made of the Book of God who is great and glorious while I am among you?" As a result a man got up and said, “Messenger of God, shall I kill him?" Nasa’i transmitted it.
Malik told of hearing that a man said to ‘Abdallah b. ‘Abbas, “I have divorced my wife, uttering the divorce a hundred times, so what do you think I have made myself liable for?” Ibn ‘Abbas replied, “She was divorced from you by three utterances, and by ninety-seven you have made a mockery of God’s verses.” He transmitted it in al- Muwatta’.
Chapter 36: The Woman who is Divorced by three Pronouncements - Section 1
‘A’isha told that the wife of Rifa'a al-Qurazi came to God's Messenger and said, “I was married to Rifa’a but he divorced me, making my divorce irrevocable. Afterwards I married ‘Abd ar-Rahman b. az- Zubair, but all he possesses is like the fringe of a garment.” He asked her whether she wanted to return to Rifa'a, but when she replied that she did, he said, “You may not until ‘Abd ar-Rahman and you have experienced the sweetness of intercourse with one another.” (Bukhari and Muslim.)
Chapter 37: The Woman who is Divorced by three Pronouncements - Section 2
‘Abdallah b. Mas'ud said that God’s Messenger cursed the man who made a woman lawful for her first husband and the one for whom she was made lawful.** This refers to an arrangement to marry a divorced woman and to divorce her after having intercourse so that the one who had divorced her might remarry her. Darimi transmitted it, and Ibn Majah transmitted it on the authority of 'Ali Ibn ‘Abbas and ‘Uqba b. ‘Amir.
Sulaiman b. Yasar said he met over ten of the companions of God’s Messenger all of whom said that the one who swears to stay away from his wife must be made to return to her or divorce her at the end of the period. It is transmitted in Sharh as-sunna.
Chapter 41: Invoking Curses - Section 2
"Any woman who brings into a family one who does not belong to it can expect no mercy from God (or is no observer of God’s religion) and God will not bring her into His paradise; and God will veil Himself from any man who disowns his child when he looks at him, and shame him in the presence of all creatures, first and last.” Abu Dawud, Nasa'i and Darimi transmitted it.1. Al-Qur’an 24:6
Chapter 42: Invoking Curses - Section 3
‘Amr b. Shu'aib, on his father’s authority, said that his grandfather told of a man who got up and said, “Messenger of God, so and so is my son; I had illicit intercourse with his mother in the pre-Islamic period.” God’s Messenger replied, “There is no unlawful claiming of paternity in Islam. What was done in pre-Islamic times has been annulled. The child is attributed to the one on whose bed it is born, and the fornicator is deprived of any right.” Abu Dawud transmitted it.
Ibn ‘Abbas said that when the Prophet ordered a man and wife to invoke curses regarding one another, he ordered a man to put his hand on his mouth when he came to the fifth utterance, saying that it would be the deciding one. Nasa’i transmitted it.
‘A'isha said that once when God’s Messenger went out from her during the night she was jealous regarding him. Then when he came and saw what she was doing he said, “What is the matter with you, ‘A'isha? Are you jealous?” She replied, “Why should one like me not be jealous regarding one like you?” He said, “Your devil has come to you.” She asked, “Messenger of God, have I a devil?” He told her that she had, and when she asked him whether he had one he replied, “Yes, but God has helped me against him so that I may be safe.” Muslim transmitted it.
Chapter 43: The Period a Divorced Woman must Wait before she may Remarry - Section 1
Abu Salama was told by Fatima daughter of Qais that Abu ‘Amr b. Hafs divorced her absolutely when he was away from home, and his agent sent her some barley. She was displeased with it, and when he said, “I swear by God that you have no claim on us,” she went to God’s Messenger and mentioned that to him. Saying that she was due no maintenance, he ordered her to spend the period before she could remarry in the house of Umm Sharik, but said afterwards, “That is a woman whom my companions visit; spend the period in the house of Ibn Umm Maktum, for he is blind and you can undress. Then when you are in a position to be remarried, tell me." She said that when she was in a position to remarry she mentioned to him that Mu'awiya b. Abu Sufyan and Abu Jahm had asked her in marriage, and he replied, “As for Abu Jahm, he does not put down his stick from his shoulder, and as for Mu'awiya, he is a poor man who has no property; marry Usama b. Zaid." She objected to him, but he said, “Marry Usama," so she married him, God prospered him, and she was envied. A version on her authority has, “As for Abu Jahm, he is a man who is given to beating women." In a version it says that her husband divorced her three times and that when she went to the Prophet he said, “You are due no maintenance unless you are pregnant."Muslim transmitted it.
Umm Habiba and Zainab daughter of Jahsh reported God’s Messenger as saying, “It is not lawful for a woman who believes in God and the last day to observe mourning for one who has died more than three nights, except for the four months and ten days in the case of a husband.” (Bukhari and Muslim.)
Chapter 46: Waiting till one Menstrual Period has Passed in the case of a newly Purchased Slavewoman - Section 1
Abu-d Darda’ said that when the Prophet passed a woman who was near the time to be delivered of a child he asked about her and was told that she was so and so’s slave woman. He asked whether he was having sexual intercourse with her, and when he was told that he was, he said, “I am inclined to invoke a curse on him which will enter his grave with him. How can he take the child into his service when that is not lawful for him, or how can he make it an heir when that is not lawful for him?”* * The reason for the curse is said to be because he did wait the prescribed period after acquiring the woman and so could not know whether the child was his or not. If he treated the child as a slave he might be enslaving his own son, and if he treated it as an heir he might be doing this to one who was not his son.Muslim transmitted it.
Chapter 47: Waiting till one Menstrual Period has Passed in the case of a newly Purchased Slavewoman - Section 2
Abu Sa'id al-Khurdi traced to the Prophet the following statement regarding the captives taken at Autas, “There must be no intercourse with a pregnant woman till she gives birth to her child, or with one who is not pregnant till she has had one menstrual period.” Ahmad, Abu Dawud and Darimi transmitted it.