The Book of Divorce
كتاب الطلاق
Chapter 4: Giving one's wife the choice does not count as a divorce, unless it is intended as such
Allah's Messenger (ﷺ) gave us the option (to get divorce) and we chose him and he did not count it a divorce.
Abu Bakr (Allah be pleased with him) came and sought permission to see Allah's Messenger (ﷺ). He found people sitting at his door and none amongst them had been granted permission, but it was granted to Abu Bakr and he went in. Then came 'Umar and he sought permission and it was granted to him, and he found Allah's Apostle (ﷺ) sitting sad and silent with his wives around him. He (Hadrat 'Umar) said: I would say something which would make the Prophet (ﷺ) laugh, so he said: Messenger of Allah, I wish you had seen (the treatment meted out to) the daughter ofKhadija when you asked me some money, and I got up and slapped her on her neck. Allah's Messenger (mav peace be upon him) laughed and said: They are around me as you see, asking for extra money. Abu Bakr (Allah be pleased with him) then got up went to 'A'isha (Allah be pleased with her) and slapped her on the neck, and 'Umar stood up before Hafsa and slapped her saying: You ask Allah's Messenger (ﷺ) which he does not possess. They said: By Allah, we do not ask Allah's Messenger (ﷺ) for anything he does not possess. Then he withdrew from them for a month or for twenty-nine days. Then this verse was revealed to him:" Prophet: Say to thy wives... for a mighty reward" (xxxiii. 28). He then went first to 'A'isha (Allah be pleased with her) and said: I want to propound something to you, 'A'isha, but wish no hasty reply before you consult your parents. She said: Messenger of Allah, what is that? He (the Holy Prophet) recited to her the verse, whereupon she said: Is it about you that I should consult my parents, Messenger of Allah? Nay, I choose Allah, His Messenger, and the Last Abode; but I ask you not to tell any of your wives what I have said He replied: Not one of them will ask me without my informing her. God did not send me to be harsh, or cause harm, but He has sent me to teach and make things easy.
Chapter 1: The prohibition of divorcing a menstruating woman without her consent; If a man breaks this rule, it still counts as a divorce, and he should be ordered to take her back
I said to Ibn'Umar (Allah be pleased with them): A person divorcedhis wife while she was in the state of menses, whereupon he said: Do you know 'Abdullah b. Umar (Allah be pleased with them), for he divorced his wife in the state of menses. 'Umar (Allah be pleased with him) came to Allah's Apostle (ﷺ) and asked him, and he (the Holy Prophet) commanded him that he should take her back, and she started her 'Idda. I said to him: When a person divorces his wife, and she is in the state of menses, should that pronouncement of divorce be counted? He said: Why not, was he hopless or foolish?
Command him to take her back and when she is pure, then divorce her. I said to Ibn 'Umar Allah be pleased with them): Did you count that pronouncement of divorce? He said: Why not?
The story in the above hadith has likewise been narrated through another chain.
Chapter 2: Threefold Divorce
Do you know that three (divorces) were treated as one during the lifetime of Allah's Apostle (ﷺ), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes.
Chapter 3: Expiation must be offered by one who declares his wife to be unlawful for him but does not intend divorce thereby
When a man declares his wife unlawful for himself that is an oath which must be atoned, and he said: There is in the Messenger of Allah (ﷺ) a noble pattern for you.
Chapter 4: Giving one's wife the choice does not count as a divorce, unless it is intended as such
" Thou mayest put off whom thou pleasest of them, and take for thee whom thou pleasest" (xxxiii. 5). Mu'adha said to her: What did you say to Allah's Messenger (ﷺ) when he sought your permission? She said: I used to say: If it had the option in this I would not have (allowed anyone) to have precedence over me.
The above hadith has likewise been narrated through another chain.
'A'isha reported that Allah's Messenger (ﷺ) gave option to his wives, but it was not a divorce.
Allah's Messeinger (ﷺ) gave us the option (to get divorce), but me made a choice of him and he did not count anything (as divorce) in regard to us.
Chapter 5: Ila', Keeping away from one's wives and giving them the choice, And the saying of Allah, The Most High: "But if you help one another against him
When Allah's Apostle (ﷺ) kept himself away from his wives, I entered the mosque, and found people striking the ground with pebblesand saying: Allah's Messenger (ﷺ) has divorced his wives, and that was before they were commanded to observe seclusion 'Umar said to himself: I must find this (actual position) today. So I went to 'A'isha (Allah be pleased with her) and said (to her): Daughter of Abu Bakr, have you gone to the extent of giving trouble to Allah's Messenger (ﷺ)? Thereupon she said: Son of Khattab, you have nothing to do with me, and I have nothing to do with you. You should look to your own receptacle. He ('Umar) said: I visited Hafsa daughter of 'Umar, and said to her: Hafsa, the (news) has reached me that you cause Allah's Messenger (ﷺ) trouble. You know that Allah's Messenger (ﷺ) does not love you, and had I not been (your father) he would have divorced you. (On hearing this) she wept bitterly. I said to her: Where is Allah's Messenger (ﷺ)? Shesaid: He is in the attic room. I went in and found Rabah, the servant of Allah's Messenger (ﷺ), sitting on the thresholds of the window dangling his feet on the hollow wood of the date-palm with the help of which Allah's Messenger (ﷺ) climbed (to the apartment) and came down. I cried: 0 Rabah, seek permission for me from Allah's Messenger (way peace be upon him). Rabah cast a glance at the apartment and then looked toward me but said nothing. I again said: Rabah, seek permission for me from Allah's Messenger (ﷺ). Rabah looked towards the apartment and then cast a glance at me, but said nothig. I then raised my voice and said: 0 Rabah, seek permission for me from Allah's Messenger (ﷺ). I think that Allah's Messenger (ﷺ) is under the impression that I have come for the sake of Hafsa. By Allah, if Allah's Messenger (ﷺ) would command me to strike her neck, I would certainly strike her neck. I raised my voice and he pointed me to climb up (and get into his apartment). I visited Allah's Messenger (ﷺ), and he was lying on a mat. I sat down and he drew up his lower garment over him and he had nothing (else) over him, and that the mat had left its marks on his sides. I looked with my eyes in the store room of Allah's Messenger (ﷺ). I found only a handful of barley equal to one sa' and an equal quantity of the leaves of Mimosa Flava placed in the nook of the cell, and a semi-tanned leather bag hanging (in one side), and I was moved to tears (on seeing this extremely austere living of the Holy Piophet), and he said: Ibn Khattab, what wakes you weep? I said: Apostle of Allah, why should I not shed tears? This mat has left its marks on your sides and I do not see in your store room (except these few things) that I have seen; Ceasar and Closroes are leading their lives in plenty whereas you are Allah's Messenger. His chosen one, and that is your store! He said: Ibn Khattab, aren't you satisfied that for us (there should be the prosperity) of the Hereafter, and for them (there should be the prosperity of) this world? I said: Yes. And as I had entered I had seen the signs of anger on his face, and I therefore, said: Messenger of Allah, what trouble do you feel from your wives, and if youhave divorced them, verily Allah is with you, His angels, Gabriel, Mika'il, I and Abu Bakr and the believers are with you. And seldom I talked and (which I uttered on that day) I hoped that Allah would testify to my words that I uttered. And so the verse of option (Ayat al-Takhyir) was revealed. Maybe his Lord, if he divorce you, will give him in your place wives better than you..." (Ixv. 5). And if you back up one another against him, then surely Allah is his Patron, and Gabriel and the righteous believers, and the angels after that are the aidera (lvi. 4). And it was 'A'isha, daughter of Abu Bakr, and Hafsa who had prevailed upon all the wives of Allah's Prophet (way peace be upon him) for (pressing them for mote money). I said: Messenger of Allah, have you divorced them? He said: No. I said: Messenger of Allah, I entered the mosque and found the Muslims playing with pebbles (absorbed in thought) and saying: Allah's Messenger has divorced his wives. Should I get down and inform there that you have not divorced them? He said: Yes, if you so like. And I went on talking to him until I (found) the signs of anger disappeared on his face and (his seriousness was changed to a happy mood and as a result thereof) his face had the natural tranquillity upon it and he laughed and his teeth were the most charming (among the teeth) of all people. Then Allah's Apostle (ﷺ) climbed down and I also climbed down and catching hold of the wood of the palm-tree and Allah's Messenger (ﷺ) came down (with such ease) as if he was walking on the ground, not touching anything with his hand (to get support). I said: Messenger of Allah, you remained in your apartment for twenty-nine days. He said: (At times) the month consists of twenty-nine days. I stood at the door of the mosque and I called out at the top of my voice: The Messenger of Allah (ﷺ) has not divorced his wives (and it was on this occasion that this) verse was revealed:" And if any matter pertaining to peace or alarm comes within their ken, they broadcast it; whereas, if they would refer it to the Apostle and those who have been entrusted with authority amongst them, those of them who are engaged in obtaining intelligence would indeed know (what to do with) it" (iv 83). And it was I who understood this matter, and Allah revealed the verse pertaining to option (given to the Prophet (may peace be upon him in regard to the retaining or divorcing of his wives).
I intended to ask 'Umar b. al-Khattab (Allah be pleased with him) about a verse, but I waited for one year to ask him out of his fear, until he went out for Pilgrimage and I also accompanied him. As he came back and we were on the way he stepped aside towards an Arak tree to ease himself. I waited for him until he was free. I then walked along with him and said: Commander of the Faithful, who are the two among the wives of Allah's Messenger (ﷺ) who backed up one another (in their demand for extra money)? He said: They were Hafsa and 'A'isha (Allah be pleased with them). I said to him: It is for one year that I intended to ask you about this matter but I could not date so on account of the awe for you. He said: Don't do that. If you think that I have any knowledge, do ask me about that. And if I were to know that, I would inform you. He (the narrator) stated that 'Umar had said: By Allah, during the days of ignorance we had no regard for women until Allah the Exalt- ed revealed about them what He has revealed, and appointed (turn) for them what he appointed. He said: It so happened that I was thinking about some matter that my wife said: I wish you had done that and that. I said to her: It does not concern you and you should not feel disturbed in a matter which I intend to do. She said to me: How strange is it that you, O son of Khattab, do not like anyone to retort upon you, whereas your daughter retorts upon Allah's Messenger (may peace be upou him) until he spends the day in vexation. 'Umar said: I took hold of my cloak, then came out of my house until I visited Hafsa and said to her: O daughter, (I heard) that you retort upon Allah's Messenger (ﷺ) until he spends the day in vexation, whereupon Hafsa said: By Allah, we do retort upon him. I said: You should bear in mind, my daughter, that I warn you against the punishment of Allah and the wrath of His Messenger (ﷺ). You may not be misled by one whose beauty has fascinated her, and the love of Allah's Messenger (ﷺ) for her. I ('Umar) then visited Umm Salama because of my relationship with her and I talked to her. Umm Salama said to me: Umar b. al-Khattab, how strange is it that you meddle with every matter so much so that you are anxious to interfere between Allah's Messenger (ﷺ) and his wives, and this perturbed me so much that I refrained from saying what I had to say, so I came out of her apartment, and I had a friend from the Anar. When I had been absent (from the company of the Holy Prophet) he used to bring me the news and when he had been absent I used to bring him the news, and at that time we dreaded a king of Ghassan. It was mentioned to us that he intended to attack us, and our minds were haunted by him. My friend, the Ansari, came to me, and he knocked at the door and said: Open it, open it. I said: Has the Ghassani come? He said: (The matter is) more serious than that. The Messenger of Allah (ﷺ) has separated himself from his wives. I said: Let the nose of Hafsa and 'A'isha be besmeared with dust. I then took hold of my cloth and went out until I came and found Allah's Messenger (ﷺ) in his attic to which he climbed by means of a ladder made of date-palm, and the servant of Allah's Messenger (ﷺ) who was black had been sitting at the end of the ladder. I said: This is Umar. So permission was granted to me. I narrated this news to Allah's Messenger (ﷺ) and as I narrated the news concerning Umm Salama, Allah's Messenger (ﷺ) smiled. He was lying on the mat and there was nothing between him and that (mat), and under his head there was a pillow made of leather and it was stuffed with plam fibres and at his feet were lying a heap of sant tree (acacia niloctica, meant for dyeing) and near his head there was hanging a hide. And I saw the marks of the maton the side of Allah's Messenger (ﷺ), and so I wept. He said: What makes you weep? I said: Messenger of Allah, the Khusrau and the Ceasars (spendd their lives in) the midst of (luxuries), whereas you being Allah's Messenger (are leading your life in this poverty). Thereupon Allah's Messenger (ﷺ) said: Don't you like that they should have riches of their world, and you have the Hereafter.
Chapter 1: The prohibition of divorcing a menstruating woman without her consent; If a man breaks this rule, it still counts as a divorce, and he should be ordered to take her back
I asked Ibn 'Umar (Allah be pleased with them) about the woman whom he had divorced. He said: I divorced her while she was in the state of menses. It was mentioned to 'Umar (Allah be pleased with him) and he then made a mention of that to Allah's Apostle (ﷺ), whereupon he said: Command him to take her back and when the period of menses is over, then (he may divorce her in the state of her purity. He (Ibn Umar) said: So I took her back, then divorced her in her purity. I (the narrator) said: Did you count that divorce which you pronounced in the state of menses? He said: Why should I not have counted that? Was I helpless or foolish?
This hadith has been narrated on the authority of Shu'ba with the same chain of transmitters but with a slight variation in wording.
Do you know 'Abdullah b. Umar? He said: Yes. He said: It was he who divorced his wife jn the state of menses and 'Umar went to Allah's Apostle (ﷺ) and gave him this information. and he commanded him that he should take her back; and he (Abu Tawus) said: I did not hear any addition to this (hadith) from my father.
He made a mistake who said that it was 'Urwa; it was in fact the freed slave of 'Azza.)
Chapter 3: Expiation must be offered by one who declares his wife to be unlawful for him but does not intend divorce thereby
I and Hafsa agreed that one whom Allah's Apostle (ﷺ) would visit first should say: I notice that you have an odour of the Maghafir (gum of mimosa). He (the Holy Prophet) visited one of them and she said to him like this, whereupon he said: I have taken honey in the house of Zainab bint Jabsh and I will never do it again. It was at this (that the following verse was revealed): 'Why do you hold to be forbidden what Allah has made lawful for you... (up to). If you both ('A'isha and Hafsa) turn to Allah" up to:" And when the Prophet confided an information to one of his wives" (lxvi. 3). This refers to his saying: But I have taken honey.
A woman of her family had sent her a small vessel of honey as a gift, and she gave to Allah's Messenger (ﷺ) from that a drink. I said: By Allah, we would also contrive a device for him. I mentioned that to Sauda, and said: When he (Allah's Apostle) would visit you and draw close to you, say to him: Allah's Messenger, have you taken maghafir? And he would'say to you: No. Then say to him: What is this odour? And Allah's Messenger (ﷺ) felt it very much that unpleasant odour should emit from him. So he would say to you: Hafsa has given me a drink of honey. Then you should say to him: The honey-bees might have sucked 'Urfut, and I would also say the same to him and. Safiyya, you should also say this. So when he (the Holy Prophet) came to Sauda, she said: By Him besides whom there is no god, it was under compulsion that I had decided to state that which you told me when he would be at a little distance at the door. So when Allah's Messenger (ﷺ) came near, she said: Messenger of Allah, did you eat Maghafir? He said: No. She (again) said: Then what is this odour? He said: Hafsa gave me honey to drink. She said: The honey-bee might have sucked 'Urfut. When he came to me I told him like this. He then visited Safiyya and she also said to him like this. When he (again) visited Hafsa, she said: Messenger of Allah, should I not give you that (drink)? He said: I do not need that. Sauda said: Hallowed be Allah, by Him we have (contrived) to make that (honey) unlawful for him. I said to her: Keep quiet.
Chapter 4: Giving one's wife the choice does not count as a divorce, unless it is intended as such
Allah's Messenger (ﷺ) gave us the option (to get divorce) but we did not deem it as divorce.