The Book of Divorce

كتاب الطلاق

Chapter 1: Divorce At The Time When Allah Has Stated That Women May Be Divorced

Nafi' narrated from 'Abdullah, that he divorced his wife while she was menstruating. 'Umar asked the Messenger of Allah about that and said

"Abdullah has divorced his wife while she was menstruating." He said: "Tell 'Abdullah to take her back, then leave her until she becomes pure from this menstrual period, then menstruates again, then when she becomes pure again, if he wishes he may separate from her before having intercourse with her, or if he wishes he may keep her. This is the time when Allah, the Mighty and Sublime, has stated that women may be divorced."

It was narrated from Ibn 'Umar that he divorced his wife while she was menstruating, during the time of the Messenger of Allah. 'Umar bin Al-Khattab, may Allah be pleased with him, asked the Messenger of Allah about that, and the Messenger of Allah said

"Tell him to take her back and keep her until she becomes pure, then menstruates again and becomes pure again. Then if he wishes he may keep her, or if he wishes, he may divorce her before he touches (has intercourse with) her. This is the time when Allah, the Mighty and Sublime, has stated that women may be divorced."

Salim bin 'Abdullah bin 'Umar narrated that 'Abdullah bin 'Umar said

"I divorced my wife during the lifetime of the Messenger of Allah while she was menstruating. 'Umar mentioned that to the Messenger of Allah, and the Messenger of Allah got angry about that and said: 'Let him take her back, then keep her until she has menstruated again and become pure again. Then if he wants to divorce her when she is pure and before he touches her (has intercourse with her), then that is divorce at the prescribed time as Allah, the Mighty and Sublime, has revealed.'" 'Abdullah bin 'Umar said: "So I took her back, but I still counted the divorce that I had issued to her."

'Abdullah bin Ayman asked Ibn 'Umar while Abu Az-Zubair was listening

"What did you think about a man who divorces his wife when she is menstruating?" He said to him: "Abdullah bin 'Umar divorced his wife when she was menstruating during the time of the Messenger of Allah. 'Umar asked the Messenger of Allah (about that) and said: 'Abdullah bin 'Umar has divorced his wife while she was menstruating.' The Messenger of Allah said: 'Let him take her back.' So he made me take her back. He said: 'When she becomes pure, let him divorce her or keep her.' Ibn 'Umar said: 'The Prophet said: 'O Prophet! When you divorce women, divorce them before their 'Iddah (prescribed period) elapses.'"

It was narrated from Ibn 'Abbas, concerning the saying of Allah, the Mighty and Sublime

"O Prophet! When you divorce women, divorce them at their 'Iddah (prescribed periods)." Ibn 'Abbas, may Allah be pleased with him, said: "Before their 'Iddah elapses."

Chapter 2: The Sunnah Divorce

It was narrated from 'Abdullah that he said

"The Sunnah divorce is a divorce issued when she is pure (not menstruating) without having had intercourse with her. If she menstruates and becomes pure again, give her another divorce, and if she menstruates and becomes pure again, give her another divorce, then after that, she should wait for another menstrual cycle." (One of the narrators) Al-A'mash said: "I asked Ibrahim, and he said something similar."

It was narrated that 'Abdullah said

"The Sunnah divorce is to divorce her when she is pure (not menstruating) without having had intercourse with her."

Chapter 3: What Should Be Done If The Husband Issues A Divorce When The Wife Is Menstruating

It was narrated from 'Abdullah that he issued a divorce to his wife when she was menstruating. So 'Umar went to inform the Prophet about that. The Prophet said to him

"Tell 'Abdullah to take her back, then, when she has performed Ghusl, let him leave her alone, until she menstruates (again). Then, when she performs Ghusl following that second period, he should not touch her until he divorces her. And if he wants to keep her, then let him keep her. That is the time when Allah has stated that women may be divorced."

It was narrated from Ibn 'Umar that he divorced his wife while she was menstruating. He mentioned that to the Prophet and he said

"Tell him to take her back, then divorce her while she is pure (not menstruating) or pregnant."

Chapter 4: Divorce Without The 'Iddah

It was narrated from Ibn 'Umar that he divorced his wife when she was menstruating, but the Messenger of Allah told him to take her back, and divorce her when she was pure (not menstruating).

Chapter 5: Divorce Without The 'Iddah And What Is Counted As A Divorce

It was narrated that Yunus bin Jubair said

"I asked Ibn 'Umar about a man who divorced his wife while she was menstruating. He said: 'Do you know 'Abdullah bin 'Umar?' He divorced his wife while she was menstruating, and 'Umar asked the Prophet about that, and he told him to take her back, then wait for the right time. I said to him: 'Was that divorce counted?' He said: 'Be quiet! What do you think if some becomes helpless and behaves foolishly?'"

It was narrated that Yunus bin Jubair said

"I said to Ibn 'Umar: 'A man divorced his wife while she was menstruating.' He said: 'Do you know 'Abdullah bin 'Umar? He divorced his wife when she was menstruating, and 'Umar went to the Prophet and asked him about that, and he told him to take her back then wait for the right time.' I said to him: 'Was that divorce counted?' He said: 'Be quiet! What do you think if some becomes helpless and behaves foolishly?'"

Chapter 6: Three Simultaneous Divorces And A Stern Warning Against That

Makhramah narrated that his father said

"I heard Mahmud bin Labid say: 'The Messenger of Allah was told about a man who had divorced his wife with three simultaneous divorces. He stood up angrily and said: Is the Book of Allah being toyed with while I am still among you? Then a man stood up and said: 'O Messenger of Allah, shall I kill him?'"

Chapter 7: Concession Allowing That

Sahl bin Sa'd As-Sa'idi narrated that 'Uwaimir Al-'Ajlani came to 'Asim bin 'Adiy and said

"What do you think, O 'Asim! If a man finds another man with his wife, should he kill him, and be killed in retaliation, or what should he do? O 'Asim! Ask the Messenger of Allah about that for me." So 'Asim asked the Messenger of Allah about that, and the Messenger of Allah disapproved of the question, and criticized the asking of too many questions until 'Asim felt upset. When 'Asim went back to his people, 'Uwaimir came to him and said: "O 'Asim, what did the Messenger of Allah say to you?" 'Asim said: "You have not brought me any good. The Messenger of Allah disapproved of the question you asked." 'Uwaimir said: "By Allah, I will go and ask the Messenger of Allah." So he went to the Messenger of Allah and found him in the midst of the people. He said: "O Messenger of Allah, what do you think if a man finds another man with his wife -should he kill him, and be killed in retaliation or what should he do?" The Messenger of Allah said: "Something has been revealed concerning you and your wife, so go and bring her here." Sahl said: "So they engaged in the procedure of Li'an, and I was among the people in the presence of the Messenger of Allah. When 'Uwaimir finished he said: "I would have been telling lies about her, O Messenger of Allah, if I keep her." So he divorced her thrice before the Messenger of Allah told him to do so."

Fatimah bint Qais said

"I came to the Prophet and said: 'I am the daughter of Ali Khalid and my husband, so and so, sent word to me divorcing me. I asked his family for provision and shelter but they refused.' They said: 'O Messenger of Allah, he sent word to her divorcing her thrice.'" She said: "The Messenger of Allah said: 'The woman is still entitled to provision and shelter if the husband can still take her back.'"

It was narrated from Fatimah bint Qais that the Prophet said

"The thrice-divorced woman is not entitled to provision and shelter."

Fatimah bint Qais narrated that Abu 'Amr bin Hafs Al-Makhzumi divorced her thrice. Khalid bin Al-Walid went with a group of (the tribe of) Makhzum to the Messenger of Allah and said

"O Messenger of Allah! Abu 'Amr bin Hafs has divorced Fatimah thrice, is she entitled to provision?" He said: "She is not entitled to provision nor shelter."

Chapter 8: Three Separate Divorces Before Consummation Of The Marriage

It was narrated from Ibn Tawus, from his father, that Abu As-Sahba' came to Ibn 'Abbas and said

"O Ibn 'Abbas! Did you not know that the threefold divorce during the time of the Messenger of Allah and Abu Bakr, and during the early part of 'Umar's Caliphate, used to be counted as one divorce?" He said: "Yes."

Chapter 9: The Divorce Of A Woman Who Married A Man, But He Did Not Consummate The Marriage With Her

It was narrated that 'Aishah said

"The Messenger of Allah was asked about a man who divorced his wife, and she married another man who had a closed meeting with her then divorced her, before having intercourse with her. Is it permissible for her to remarry the first husband? The Messenger of Allah said: 'No, not until the second one tastes her sweetness and she tastes his sweetness.'"