The Book of Divorce

كتاب الطلاق

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

The story in the above hadith has likewise been narrated through another chain.

A hadith like this is reported on the same authority (but with this difference that the narrator) 'Abd al-Rahman b. Aiman (was mentioned) as the freed slave of 'Urwa (Imam Muslim said

He made a mistake who said that it was 'Urwa; it was in fact the freed slave of 'Azza.)

Chapter 2: Threefold Divorce

Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (ﷺ) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said

Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them.

Abu Sahba' said toIbn 'Abbas (Allah be pleased with them)

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.

Abu al-Sahba' said to Ibn 'Abbas

Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah's Messenger (ﷺ) and Abu Bakr. He said: It was in fact so, but when during the caliphate of 'Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).

Chapter 3: Expiation must be offered by one who declares his wife to be unlawful for him but does not intend divorce thereby

Ibn Abbas (Allah be pleased with them) reported about (declaring of one's woman) unlawful as an oath which must be atoned, and Ibn 'Abbas said

Verily, there is in the Messenger of Allah (ﷺ) a model pattern for you.

Ibn Abbas (Allah be pleased with them) reported

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.

'A'isha (Allah be pleased with her) narrated that Allah's Apostle (ﷺ) used to spend time with Zainab daughter of Jahsh and drank honey at her house. She ('A'isha further) said

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'isha (Allah be pleased with her) reported Allah's Messenger (ﷺ) liked sweet (dish) and honey. After saying the afternoon prayer he used to visit his wives going close to them. So he went to Hafsa and stayed with her more than what was his usual stay. I ('A'isha) asked about that. It was said to me

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.

This hadith has been narrated on the authority of 'Urwa with the same chain of transmitters.

Chapter 4: Giving one's wife the choice does not count as a divorce, unless it is intended as such

'A'isha (Allah be pleased with her) reported

When the Messenger of Allah (ﷺ) was commanded to give option to his wives, he started it from me saying: I am going to mention to you a matter which you should not (decide) in haste until you have consulted your parents. She said that he already knew that my parents would never allow me to seek separation from him She said: Then he said: Allah, the Exalted and Glorious, said: Prophet, say to thy wives: If you desire this world's life and its adornment, then come, I will give you a provision and allow you to depart a goodly departing; and if you desire Allah and His Messenger and the abode of the Hereafter, then Allah has prepared for the doers of good among you a great reward She is reported to have said: About what should I consult my parents, for I desire Allah and His Messenger and the abode of the Hereafter? She ('A'isha) said: Then all the wives of Allah's Messenger (ﷺ) did as I had done.

'A'isha (Allah be pleased with her) reported that Allah's Messenger (ﷺ) sought our permission when he had a (turn to spend) a day with (one of his wives) amongst us (whereas he wanted to visit his other wives too). It was after this that this verse was revealed

" 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

Allah's Messenger (ﷺ) gave us the option (to get divorce) but we did not deem it as divorce.

Masruq reported

I do not mind if I give option to my wife (to get divorce) once, hundred times, or thousand times after (knowing it) that she has chosen me (and would never seek divorce). I asked 'A'isha (Allah be pleased with her) (about it) and she said: Allah's Messenger (ﷺ) gave us the option, but did it imply divorce? (It was in fact not a divorce; it is effective when women actually avail themselves of it.)

'A'isha reported that Allah's Messenger (ﷺ) gave option to his wives, but it was not a divorce.

'A'isha (Allah be pleased with her) reported

Allah's Messenger (ﷺ) gave us the option (to get divorce) and we chose him and he did not count it a divorce.

'A'isha (Allah be pleased with her) reported

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.

A hadith like this has been transmitted on the authority of 'A'isha through another chain of narrators.

Jabir b. 'Abdullah (Allah be pleased with them) reported

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.