The Book of Divorce

كتاب الطلاق

Chapter 19: Divorce Of A Slave

It was narrated that Abu Al-Hasan, the freed slave of Banu Nawfal, said

"Ibn 'Abbas was asked about a slave who divorced his wife twice, then they were set free; could he marry her? He said: 'Yes.' He said: 'From whom (did you hear that)?' He said: 'The Messenger of Allah issued a Fatwa to that effect.'" (One of the narrators) 'Abdur-Razzaq said: "Ibn Al-Mubarak said to Ma'mar: 'Which Al-Hasan is this? He has taken on a heavy burden.'"

Chapter 20: When Does The Divorce Of A Boy Count?

It was narrated that Kathir bin As-Sa'ib said

"The sons of Quraizah told me that they were presented to the Messenger of Allah on the Day of Quraizah, and whoever (among them) had reached puberty, or had grown pubic hair, was killed, and whoever had not reached puberty and had not grown pubic hair was left (alive)."

It was narrated that 'Atiyyah Al-Qurazi said

"On the day that Sa'd passed judgment on Banu Quraizah I was a young boy and they were not sure about me, but they did not find any pubic hair, so they let me live, and here I am among you."

It was narrated from Ibn 'Umar that he presented himself to the Messenger of Allah on the Day of Uhud when he was fourteen years old, but he did not permit him (to join the army). He presented himself on the Day of Al-Khandaq when he was fifteen years old, and he permitted him (to join the army).

Chapter 21: The Husband Whose Divorce Is Not Valid

It was narrated from 'Aishah that the Prophet said

"The pen has been lifted from three: From the sleeper until he wakes up, from the minor until he grows up, and from the insane until he comes back to his senses or recovers."

Chapter 22: The One Who Utters A Divorce To Himself (Without Uttering The Words Loudly)

It was narrated from Abu Hurairah that -(one of the narrators) 'Abdur-Rahman said

"The Messenger of Allah -said: 'Allah, the Most High, has forgiven my Ummah for everything that enters the mind, so long as it is not spoken of or put into action.'"

It was narrated that Abu Hurairah said

"The Messenger of Allah said: 'Allah, the Mighty and Sublime, has forgiven my Ummah for what is whispered to them or what enters their minds, so long as they do not act upon it or speak of it.'"

It was narrated from Abu Hurairah that the Prophet said

"Allah, the Most High, has forgiven my Ummah for whatever enters the mind, so long as it is not spoken of or put into action."

Chapter 23: Divorce With A Clear Gesture

It was narrated that Anas said

"The Messenger of Allah had a Persian neighbor who was good at making soup. He came to the Messenger of Allah one day when 'Aishah was with him, and gestured to him with his hand to come. The Messenger of Allah gestured toward 'Aishah -meaning: 'What about her?'- and the man gestured to him like this, meaning, 'No,' two or three times."

Chapter 24: Speaking When One Means What The Words Appear To Mean

It was narrated that 'Umar bin Al-Khattab, may Allah be pleased with him, said that the Messenger of Allah said

"Actions are but by intentions, and each man will have but that which he intended. Whoever emigrated for the sake of Allah and His Messenger, his emigration was for the sake of Allah and His Messenger, and whoever emigrated for the sake of some worldly gain or to marry some woman, his emigration was for that for which he emigrated."

Chapter 25: Saying Something, And Intending Something Other Than The Apparent Meaning, Carries No Weight

Abu Hurairah narrated that the Messenger of Allah said

"Look at how Allah diverts the insults and curses of Quraish from me. They insult 'Mudhammam' and curse 'Mudhammam' -but I am Muhammad."

Chapter 26: Setting A Time Limit For Making A Choice

It was narrated that 'Aishah, the wife of the Prophet, said

"When the Messenger of Allah was commanded to give his wives the choice, he started with me and said: 'I am going to say something to you and you do not have to rush (to make a decision) until you consult your parents.'" She said: "He knew that my parents would never tell me to leave him." She said: "Then he recited this Verse: 'O Prophet! Say to your wives: If you desire the life of this world, and its glitter, then come! I will make a provision for you and set you free in a handsome manner.' I said: 'Do I need to consult my parents concerning this? I desire Allah, the Mighty and Sublime, and His Messenger, and the home of the Hereafter.'" 'Aishah said: "Then the wives of the Prophet all did the same as I did, and that was not counted as a divorce, when the Messenger of Allah gave them the choice and they chose him."

It was narrated that 'Aishah said

"When the following was revealed: 'But if you desire Allah and His Messenger,' the Prophet came and started with me. He said: 'O 'Aishah, I am going to say something to you and you do not have to rush (to make a decision) until you consult your parents.'" She said: "He knew, by Allah, that my parents would never tell me to leave him. Then he recited to me: 'O Prophet! Say to your wives: If you desire the life of this world, and its glitter.'" "I said: 'Do I need to consult my parents concerning this? I desire Allah and His Messenger.'"

Chapter 27: When A Woman Is Given The Choice And Chooses Her Husband

It was narrated that 'Aishah said

"The Messenger of Allah gave us the choice and we chose him; was that a divorce?"

It was narrated that 'Aishah said

"The Messenger of Allah gave his wives the choice but that was not a divorce."

It was narrated from Masruq that 'Aishah said

"The Prophet gave his wives the choice and that was not a divorce."

It was narrated that 'Aishah said

"The Messenger of Allah gave his wives the choice; was that a divorce?"

It was narrated that 'Aishah said

"The Messenger of Allah gave us the choice and we chose him, and that was not counted as anything."

Chapter 28: Choosing Which Of The Two Married Slaves To Free First

It was narrated that Al-Qasim bin Muhammad said

"Aishah had a male slave and a female slave. She said: 'I wanted to set them free, and I mentioned that to the Messenger of Allah. He said: Start with the male slave before the female slave.'"

Chapter 29: Giving A Slave Woman The Choice

It was narrated that 'Aishah, the wife of the Prophet, said

Three Sunan were established because of Barirah. One of those Sunan was that she was set free and was given the choice concerning her husband; the Messenger of Allah said: 'Al Wala' is to the one who set the slave free;' and the Messenger of Allah entered when some meat was being cooked in a pot, but bread and some condiments were brought to him. He said: 'Do I not see a pot in which some meat is being cooked?' They said: 'Yes, O Messenger of Allah, that is meat that was given in charity to Barirah and you do not eat (food given in) charity.' The Messenger of Allah said: 'It is charity for her and a gift for us.'