The Book of Divorce

كتاب الطلاق

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

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 that 'Abdullah said

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

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.'"

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 11: It Is Up To You

Hammad bin Zaid said

"I said to Ayyub: 'Do you know anyone who said concerning the phrase 'It is up to you' that it is equivalent to three (divorces) except Al-Hasan?' He said: 'No.' Then he said: 'O Allah! Grant forgiveness, sorry.'" Qatadah narrated to me from Kathir the freed slave of Ibn Samurah, from Abu Salamah, from Abu Hurairah, that the Prophet said: "Three." I met Kathir and asked him, and he did not know of it. I went back to Qatadah and told him, and he said: "He forgot."

Chapter 12: Making A Thrice-Divorced Woman Lawful (To Return To Her First Husband) And The Marriage That Makes T

It was narrated that 'Aishah said

"The wife of Rifa'ah came to the Messenger of Allah and said: 'My husband divorced me and made it irrevocable. After that I married 'Abdur-Rahman bin Az-Zabir and what he has is like the fringe of a garment.' The Messenger of Allah smiled and said: 'Perhaps you want to go back to Rifa'ah? No, not until he tastes your sweetness and you taste his sweetness.'"

Chapter 17: Another Explanation Of The Meaning Of This Verse

'Ubaid bin 'Umair narrated from 'Aishah, the wife of the Prophet

"The Prophet used to stay with Zainab bint Jahsh and drink honey at her house. Hafsah and I agreed that if the Prophet came to either of us, she would say: 'I detect the smell of Maghafir (a nasty-smelling gum) on you; have you eaten Maghafir?' He came to one of them and she said that to him. He said: 'No, rather I drank honey at the house of Zainab bint Jahsh, but I will never do it again.' Then the following was revealed: 'O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' 'If you two turn in repentance to Allah, (it will be better for you).' addressing 'Aishah and Hafsah; 'And (remember) when the Prophet disclosed a matter in confidence to one of his wives.' refers to him saying: "No, rather I drank honey.""

Chapter 18: "Go To Your Family" Does Not Necessarily Mean Divorce

Ka'b bin Malik narrated the Hadith about when he stayed behind, and did not join the Messenger of Allah on the expedition to Tabuk. He told the story, and said

"The envoy of the Messenger of Allah came to me and said: 'The Messenger of Allah commands you to stay away from your wife.' I said: 'Shall I divorce her or what?' He said: 'No, just keep away from her and do not approach her.' I said to my wife: 'Go to your family and stay with them until Allah, the Mighty and Sublime, decides concerning this matter.'"

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

'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.'"

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."

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 wife of Rifa'ah Al-Qurazi came to the Messenger of Allah and said: 'O Messenger of Allah! I got married to 'Abdur-Rahman bin Az-Zabir, and what he has is like this fringe.' The Messenger of Allah said: 'Perhaps you want to go back to Rifa'ah? No, not until he ('Abdur-Rahman) tastes your sweetness and you taste his sweetness.'"

Chapter 14: A Man Divorcing His Wife Face To Face

It was narrated from 'Aishah that when the Kilabi woman entered upon the Prophet she said

"I seek refuge with Allah from you." The Messenger of Allah said: "You have sought refuge with One Who is Great. Go back to your family."

Chapter 15: A Man Sending Word To His Wife That She Is Divorced

It was narrated that Abu Bakr -the son of Abu Al-Jahm- said

"I heard Fatimah bint Qais say: 'My husband sent word to me that I was divorced, so I put on my garments and went to the Prophet. He said: 'How many times did he divorce you?' I said: 'Three.' He said: 'You are not entitled to maintenance. Observe your 'Iddah in the house of your paternal cousin Ibn Umm Maktum, for he is blind and you can take off your garments there. And when your 'Iddah is over let me know.'" This is an abridgment.

Chapter 16: Meaning Of The Saying Of Allah, The Mighty And Sublime: "O Prophet! Why Do You Forbid (For Yourself)

It was narrated that Ibn 'Abbas said

"A man came to him and said: 'I have made my wife forbidden to myself.' He said: 'You are lying, she is not forbidden to you.' Then he recited this Verse: 'O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' (And he said): 'You have to offer the severest form of expiation: Freeing a slave.'"

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."

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."

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

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."