The Book of Divorce

كتاب الطلاق

Chapter 9: The Obligation to mourn during the 'Iddah following the death of one's husband, but it is forbidden to mourn for more than three days in other cases

Safiyya bint Abu 'Ubaid reported that she heard Hafsa daughter of Umar (Allah be pleased with them), (and) wife of Allah's Prophet (ﷺ), narrating a hadith like this from Allah's Apostle (ﷺ), and she made this addition

" She should abstain from adorning herself (in case of the death of her husband) for four months and ten days."

Safiyya bint Abu 'Ubaid narrated this tradition of Allah's Prophet (ﷺ) on the authority of some wives of Allah's Apostle (ﷺ)

Umm 'Atiyya ('Allah be pleased with her) said

We were forbidden to observe mourning for the dead beyond three days except in the case of husband (where it is permissible) for four months and ten days, and (that during this period) we should neither use collyrium nor touch perfume, nor wear dyed clothes, but concession was given to a woman when one of us was purified of our courses to make use of a little incense or scent.

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

Ibn Abbas (Allah be pleased with them) said

I came along with Umar until we reached Marr al-Zahran (the name of a place), and the rest of the hadith is the same as narrated by Sulaiman b. Bilal (except with) the variation (of words) that I said: (What) about these two women? He said: They were Hafsa and Umm Salama. And he made this addition: I came to the apartments and in every apartment there was (the noise) of weeping. And this addition was also made: And he (the Holy Prophet) had taken an oath of remaining away from them for a month, and when twenty-nine days had passed, he visited them.

Chapter 6: The woman who has been irrevocably divorced is not entitled to spending

Fatima bint Qais reported that her husband divorced her during the life time of Allah's Prophet (ﷺ) and gave her a meagre maintenance allowance. When she saw that, she said

By Allah, I will inform Allah's Messenger (ﷺ), and if maintenance allowance is due to me then I will accept that which will suffice me, and if it is not due to me, I will not accept anything from him. She said: I made a mention of that to Allah's Messenger (ﷺ) and he said: There is neither maintenance allowance for you nor lodging.

Fatima bint Qais reported that her husband al-Makhzulmi divorced her and refused to pay her maintenance allowance. So she came to Allah's Messenger (may peace he upon him) and informed him, whereupon he said

There is no maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live with him for he is a blind man and you can put off your clothes in his house (i. e. you shall not face much difficulty in observing purdah there).

Fatima bint Qais (Allah be pleased with her) reported from Allah's Messenger (ﷺ) that there is no lodging and maintenance allowance for a woman who has been given irrevocable divorce.

Abu Ishaq reported

I was with al-Aswad b. Yazid sitting in the great mosque, and there was with us al-Sha'bi, and he narrated the narration of Fatima bint Qais (Allah be pleased with her) that Allah's Messenger (ﷺ) did not make any provision for lodging and maintenance allowance for her. Al-Aswad caught hold of some pebbles in his fist and he threw them towards him saying: Woe be to thee, you narrate like it, whereas Umar said: We cannot abandon the Book of Allah and the Sunnah of our Apostle (ﷺ) for the words of a woman. We do not know whether she remembers that or she forgets. For her, there is a provision of lodging and maintenance allowance. Allah, the Exalted and Majestic, said:" Turn them not from their houses nor should they themselves go forth unless they commit an open indecency" (lxv. 1).

Abu Bakr b. Abu'l-Jahm reported

I and Abu Salama b 'Abd al-Rahman came to fatima bint Qais (Al! ah be pleased with her) and asked her (about divorce, etc.). She said: I was the wife of Abu 'Amr b. Hafs b. al-Mughira, and he set out to join the battle of Najran. The rest of the hadith is the same, but he made this addition:" She said: I married him and Allah hornoured me on account of Ibn Zaid and Allah favoured me because of him."

Abu Bakr reported

I and Abu Salama came to Fatima bint Qais (Allah be pleased with her) during the time of Ibn Zubair (Allah be pleased with him) and she narrated to us that her husband gave her an irrevocable divorce. (The rest of the hadith is the same.)

Chapter 8: The 'Iddah of a woman whose husband had died, and the like, ends when she gives birth.

'Ubaidullah b. 'Abdullah b. 'Utba (b. Mas'ud) reported that his father wrote to Umar b. 'Abdullah b al Arqam al-Zuhri that he would go to Subai'ah bint al-Hirith al-Aslamiyya (Allah be pleased with her) and ask her about a verdict from him which Allah's Messenger (ﷺ) gave her when she had asked that from him (in regard to the termination of 'Idda at the birth of a child) 'Umar b. Abdullah wrote to 'Abdullah b. 'Utba informing him that Subai'ah had told him that she had been married to Sa'd b. Khaula and he belonged to the tribe of Amir b. Lu'ayy, and was one of those who participated in the Battle of Badr, and he died in the Farewell Pilgrimage and she had been in the family way at that time. And much time had not elapsed that she gave birth to a child after his death and when she was free from the effects of childbirth she embellished herself for those who had to give proposals of marriage. Abd al-Sunabil b. Ba'kak (from Banu 'Abd al-Dar) came to her and said

What is this that I see you embellished; perhaps you are inclined to marry, By Allah, you cannot marry unless four months and ten days (of 'Idda are passed). When he said that. I dressed myself, and as it was evening I came to Allah's Messenger (ﷺ) and asked him about it, and he gave me a religious verdict that I was allowed to marry when I had given birth to a child and asked me to marry if I so liked. Ibn Shihab said: I do not find any harm fur her in marrying when she has given birth to a child even when she is bleeding (after the birth of the child) except that her husband should not go near her until she is purified.

Chapter 9: The Obligation to mourn during the 'Iddah following the death of one's husband, but it is forbidden to mourn for more than three days in other cases

Humaid b. Nafi' narrated two traditions from Umm Salama dealing with collyrium and the other hadith from the wives of Allah's Prophet (ﷺ) except with this that no mention was made of Zainab.

Chapter 6: The woman who has been irrevocably divorced is not entitled to spending

Fatima bint Qais reported

I had been married to a person from Banu Makhzum and he divorced me with irrevocable divorce. I sent a message to his family asking for maintenance allowance, and the rest of the hadith has been transmitted with a slight change of words.

'Ubaidullah b. 'Abdullah b. 'Utba reported that 'Amr b. Hafs b. al-Mughira set out along with 'Ali b. Abi Talib (Allah be pleased with him) to the Yemen and sent to his wife the one pronouncement of divorce which was still left from the (irrevocable) divorce; and he commanded al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to give her maintenance allowance. They said to her

By Allah, there is no maintenance allowance for you, except in case you are pregnant. She came to Allah's Apostle (may peace he upon him) and mentioned their opinion to him, whereupon he said: There is no maintenance allowance for you. Then she sought permission to move (to another place), and he (the Holy Prophet) permitted her. She said: Allah's Messenger, where (should I go)? He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garmeqts in his presence and he would not see her. And when her 'Idda was over. Allah's Apostle (ﷺ) married her to Usama b. Zaid. Marwan (the governor of Medina) sent Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him, whereupon Marwan said: We have not heard this hadith but from a woman. We would adopt a safe (path) where we found the people. Fatima said that when these words of, Marwan were conveyed to her. There is between me and you the word of Allah, the Exalted and Majestic: Do" not turn them out" of their houses. She asserted: This is in regard to the revocable divorce what new (turn can the event take) after three pronouncements (separation between irrevocable). Why do you say there is no maintenance allowance for her if she is not pregnant? Then on what ground do you restrain her?

Sha'bi reported

We visited Fatima bint Qais and she served us fresh dates and a drink of barley flour, and I asked her: Where should a woman who has been divorced by three pronouncements, spend the period of her 'Idda. She said: My husband divorced me with three pronouncements, and Allah's Apostle (ﷺ) permitted me to spend my 'Idda period with my family (with my parents).

A hadith like this has been narrated on the authority of Ishaq with the same chain of transmitters.

Fatima bint Qais (Allah be pleased with her) reported

My husband Abu 'Amr b. Hafs b. al-Mughira sent 'Ayyish b. Abu Rabi'a to me with a divorce, and he also sent through him five si's of dates and five si's of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in your house? He said: No. She said: I dressed myself and came to Allah's Messenger (ﷺ). He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he ('Ayyish b. Abu Rabi'a) had stated was true. There is no maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me. She said: Mu'awiya and Abu'l-Jahm (Allah be pleased with them) were among those who had given me the proposal of marriage. Thereupon Allah's Apostle (ﷺ) said: Mu'awiya is destitute and in poor condition and Abu'l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).

Hisham reported on the authority of his father that Yahya b. Sa'id b. al-'As married the daughter of 'Abd al-Rahman b. al-Hakam, and he divorced her and he turned her out from his house. 'Urwa (Allah be -pleased with him) criticised this (action) of theirs (the members of the family of her in-laws). They said

Verily, Fatima too went out (of her in-laws' house). 'Urwa said: I came to 'A'isha (Allah be pleased with her) and told her about it and she said: There is no good for Fatima bint Qais (Allah be pleased with her) in making mention of it.

Fatima bint Qais (Allah be pleased with her) reported that she said

Allah's Messenger, my husband has divorcee me with three pronouncements and I am afraid that I may be put to hardship, and so he commanded her and so she moved (to another house).

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

It is no good for Fatima to make mention of it, i. e. her statement:" There is no lodging and maintenance allowance (for the divorced women)."