The Book of Divorce - Sahih Muslim 1477a

This narration from Sahih Muslim concerns the matter of khiyār (option) given by the Prophet (ﷺ) to his wives, which they did not consider as constituting a divorce.

Context and Background

This hadith refers to the incident when Allah's Messenger offered his wives the choice to remain with him in modest circumstances or to depart with a gracious provision. This event is detailed in Surah Al-Ahzab (33:28-29).

The option (khiyār) presented was a test of their faith and contentment with the prophetic household's simple lifestyle, not a formal pronouncement of divorce.

Scholarly Commentary

Classical scholars explain that this option was a special circumstance specific to the Prophet's household and does not establish a general precedent for divorce procedures.

Imam An-Nawawi states that the wives' understanding that this option did not constitute divorce indicates that explicit divorce terminology is required for a divorce to be legally effective.

The incident demonstrates that ambiguous expressions or conditional options do not automatically effect divorce without clear intention and understanding from both parties.

Legal Implications

This narration supports the principle that divorce requires clear expression (ṣarīḥ) or unambiguous intention.

Scholars derive from this that hypothetical scenarios or testing situations do not constitute actual divorce unless accompanied by the proper legal formulae and intent.

The incident emphasizes the importance of context and mutual understanding in marital matters, particularly in sensitive situations like divorce.