The Book of Divorce

كتاب الطلاق

Chapter 39: The Imam Saying: "O Allah, Make It Clear To Me"

It was narrated that Ibn 'Abbas said

"Mention of Li'an was made in the presence of the Messenger of Allah and 'Asim bin 'Adiyy said something about that, then he went away. A man from among his people came to him, complaining that he had found a man with his wife. 'Asim said: 'I was only put to this test because of what I said.' He took him to the Messenger of Allah and told him of the situation in which he found his wife. That man was pale and slim with straight hair, and the one whom he claimed to have found with his wife was dark and well-built. The Messenger of Allah said: 'O Allah, make it clear to me.' Then she gave birth to a child who resembled the one whom her husband said he had found with her. So the Messenger of Allah conducted the procedure of Li'an between them." A man in the gathering said to Ibn 'Abbas: "Was she the one of whom the Messenger of Allah said: 'If I were to have stoned anyone without evidence I would have stoned this one?'" Ibn 'Abbas said: "No, that was a woman who used to do mischief even after becoming Muslim."

Chapter 46: If A Man Hints An Accusation About His Wife, And Wanted To Disown The Child

It was narrated from Abu Hurairah that a man from Banu Fazarah came to the Messenger of Allah and said

"My wife has given birth to a black boy." The Messenger of Allah said: "Do you have camels?" He said: "Yes." He said: "What color are they?" He said: "Red." He said: "Are there any gray ones among them?" He said: "There are some gray ones among them." He said: "Where do you think they come from?" He said: "Perhaps it is hereditary." He said: "Likewise, perhaps this is hereditary."

Chapter 47: Stern Warning Against Disowning One's Child

It was narrated from Abu Hurairah that he heard the Messenger of Allah say when the Verse of Mula'anah (Li'an) was revealed

"Any woman who falsely attributes a man to people to whom he does not belong, has no share from Allah, and Allah will not admit her to His Paradise. Any man who denies his son while looking at him (knowing that he is indeed his son), Allah, the Mighty and Sublime, will cast him away, and disgrace him before the first and the last on the Day of Resurrection."

Chapter 48: Attributing The Child To The Bed If The Owner Of The Bed Does Not Disown Him

It was narrated that 'Abdullah bin Az-Zubair said

"Zam'ah had a slave woman with whom he used to have intercourse, but he suspected that someone else was also having intercourse with her. She gave birth to a child who resembled the one whom he suspected. Zam'ah died when she was pregnant, and Sawdah mentioned that to the Messenger of Allah. The Messenger of Allah said: 'The child is the bed's, but veil yourself from him, O Sawdah, for he is not a brother of yours.'"

Chapter 51: Detecting Family Likenesses

It was narrated that 'Aishah, may Allah be pleased with her, said

"The Messenger of Allah came to me one day looking happy and said: 'O 'Aishah! Did you not see that Mujazziz Al-Mudliji came to me when Usamah bin Zaid was with me. He saw Usamah bin Zaid and Zaid with a blanket over them; their heads were covered but their feet were exposed, and he said: These feet belong to one another.'"

Chapter 55: The 'Iddah Of A Woman Whose Husband Dies

It was narrated from Zainab bint Umm Salamah, that Umm Salamah and Umm Habibah said

"A woman came to the Prophet and said: 'My daughter's husband has died, and I am worried about her eyes. Can I apply kohl to her?' The Messenger of Allah said: 'One of you used to stay (in mourning) for a year. Rather (the mourning period is) four months and ten (days). And when that year had passed she would go out and fling a piece of dung behind her.'"

It was narrated from Safiyyah bint Abi 'Ubaid from one of the wives of the Prophet, and from Umm Salamah, that the Prophet said

"It is not permissible for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days except for a husband; she should mourn for him for four months and ten (days)."

Chapter 34: What Was Narrated Concerning Khul'

It was narrated from Ibn 'Abbas that a man said

"O Messenger of Allah, I have a wife who does not object if anyone touches her." He said: "Divorce her." He said: "I cannot live without her." He said: "Then keep her."

Chapter 40: The Command To Place The Hand Over The Mouth Of The Two Who Are Engaging In Li'an When They Utter Th

It was narrated from Ibn 'Abbas

"When the Prophet commanded the two who were engaging in Li'an to utter the fifth oath, he commanded a man to place his hand over his mouth, and he said: "It will inevitably bring the punishment upon the liar.""

Chapter 48: Attributing The Child To The Bed If The Owner Of The Bed Does Not Disown Him

It was narrated that 'Aishah said

"Sa'd bin Abi Waqqas and 'Abd bin Zam'ah disputed over a boy. Sa'd said: 'O Messenger of Allah! This is the son of my brother 'Utbah bin Abi Waqqas, who made me promise to look after him because he is his son. Look at whom he resembles.' 'Abd bin Zam'ah said: 'He is my brother who was born on my father's bed to his slave woman.' The Messenger of Allah looked to determine at whom he resembled, and saw that he resembled 'Utbah. He said: 'He is for you, O 'Abd! The child is the bed's and for the fornicator is the stone. Veil yourself from him, O Sawdah bint Zam'ah.' And he never saw Sawdah again."

Chapter 50: Drawing Lots For A Child If Several Men Dispute Over Him

It was narrated that Zaid bin Arqam said

"Three men were brought to 'Ali while he was in Yemen; they all had intercourse with a woman during a single menstrual cycle. He asked two of them: 'Do you affirm that this child belongs to (the third man)?' And they said: 'No.' He asked another two of them: 'Do you affirm that this child belongs to (the third man)?' And they said: 'No.' So he cast lots between them, and attributed the child to the one whom the lot fell, and obliged him to pay two-thirds of the Diyah. The Prophet was told of this, and he laughed so much that his back teeth became visible."

It was narrated that Zaid bin Arqam said

"I was with the Messenger of Allah, and 'Ali, may Allah be pleased with him, was in Yemen at that time. A man came to him and said: 'I saw 'Ali when three men were brought to him who all claimed (to be the father) of a child. 'Ali said to one of them: Will you give the child up to him? And he refused. He said to (the next one): Will you give the child up to him? And he refused. He said to (the next one): Will you give the child up to him? And he refused. 'Ali said: You are disputing partners. I will cast lots among you, and whoever wins the draw, the child is for him, and he has to pay two-thirds of the Diyah.' The Messenger of Allah laughed so much that his back teeth became visible."

Chapter 52: When One Parent Becomes Muslim, And The Child Is Given The Choice

It was narrated from 'Abdul-Hamid bin Salamah Al-Ansari, from his father, from his grandfather, that he became Muslim but his wife refused to become Muslim. A young son of theirs, who had not yet reached puberty, came, and the Prophet seated the father on one side and the mother on the other side, and he gave him the choice. He said

"O Allah, guide him," and (the child) went to his father.

Chapter 55: The 'Iddah Of A Woman Whose Husband Dies

It was narrated from Zainab bint Umm Salamah -I (the narrator) said

"From her mother?" He said: "Yes" - "that the Prophet was asked about a woman whose husband had died but they were worried about her eyes - could she use kohl?" He said: "One of you used to stay in her house wearing her shabbiest clothes for a year, then she would come out. No, (the mourning period is) four months and ten (days)."

It was narrated from Safiyyah bint Abi 'Ubaid that she heard Hafsah bint 'Umar, the wife of the Prophet, (narrate) that the Prophet said

"It is not permissible for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days except for a husband; she should mourn for him for four months and ten (days)."

Chapter 37: Li'an Because Of The Man Accusing His Wife (Of Adultery) With A Specific Person

It was narrated that Muhammad said

"I asked Anas bin Malik about that, as I thought that he had knowledge of that. He said: 'Hilal bin Umayyah accused his wife (of committing adultery) with Sharik bin As-Sahma', who was the brother of Al-Bara' bin Malik through his mother. He was the first one who engaged in the procedure of Li'an. The Messenger of Allah conducted the procedure of Li'an between them, then he said: "Look and see, if she produces a child who is white, with straight hair and Qadiy'a eyes, then he belongs to Hilal bin Umayyah, and if she produces a child who has dark lines around his eyes, curly hair and narrow calves, then he belongs to Sharik bin As-Sahma'." I was told that she produced a child who has dark lines around his eyes, curly hair and narrow calves.'"

Chapter 39: The Imam Saying: "O Allah, Make It Clear To Me"

It was narrated that 'Abdullah bin 'Abbas said

"Mention of Li'an was made in the presence of the Messenger of Allah and 'Asim bin 'Adiyy said something about that, then he went away. He was met by a man from among his people who told him that he had found a man with his wife. He took him to the Messenger of Allah and told him of the situation in which he found his wife. That man was pale and slim with straight hair, and the one whom he claimed to have found with his wife was dark and well built, with very curly hair. The Messenger of Allah said: 'O Allah, make it clear to me.' Then she gave birth to a child who resembled the one whom her husband said he had found with her. So the Messenger of Allah conducted the procedure of Li'an between them." A man in the gathering said to Ibn 'Abbas: "Was she the one of whom the Messenger of Allah said: 'If I were to have stoned anyone without evidence I would have stoned this one?'" Ibn 'Abbas said: "No, that was a woman who used to do mischief even after becoming Muslim."

Chapter 41: The Imam Exhorting The Man And Woman At The Time of Li'an

'Abdul-Malik bin Abi Sulaiman said

"I heard Sa'eed bin Jubair say: 'I was asked about the two who engage in Li'an during the governorship of Ibn Az-Zubair - should they be separated? I did not know what to say, so I got up and went to the house of Ibn 'Umar and said: "O Abu 'Abdur-Rahman, should the two who engage in Li'an be separated?" He said: "Yes, Subhan Allah! The first one who asked about that was so-and-so the son of so-and-so who said: 'O Messenger of Allah, what do you think if a man among us sees his wife committing immoral actions, and if he speaks of it, he will be speaking of a grave matter, but if he keeps quiet, he will be keeping quiet about a grave matter?' He did not answer him, then after that, he came to him and said: 'I was tried with the matter that I asked you about, so Allah, the Mighty and Sublime, revealed these Verses in Surat An-Nur.: 'And for those who accuse their wives' until he reached: 'And the fifth (testimony) should be that the Wrath of Allah be upon her if he (her husband) speaks the truth.' So he started with the man, exhorting him, reminding him, and telling him that the punishment in this world was less severe than the punishment in the Hereafter. He said: 'By the One Who sent you with the truth, I am not lying.' Then he turned to the woman and exhorted her and reminded her. She said: 'By the One Who sent you with the truth, he is lying.' So he started with the man, and he bore witness four times by Allah that he was telling the truth, and the fifth time (he invoked) the curse of Allah upon himself if he was lying. Then he turned to the woman and she bore witness four times by Allah that he was lying, and the fifth time (she invoked) the wrath of Allah upon herself if he was telling the truth. Then he separated them."'"

Chapter 43: Asking The Two Who Engaged In Li'an To Repent After Li'an

It was narrated from Ayyub, that Sa'eed bin Jubair said

"I said to Ibn 'Umar: 'A man accused his wife.' He said: 'The Messenger of Allah separated the couple from Banu 'Ajlan and said: Allah knows that one of you is lying, so will either of you repent? He said that to them three times and they did not respond, then he separated them.'" (One of the narrators) Ayyub said: "Amr bin Dinar said: 'In this Hadith there is something that I think you are not narrating.' He said: 'The man said: My wealth. He said: You are not entitled to any wealth. If you are telling the truth, you have consummated the marriage with her, and if you are lying then you are even less entitled to it.'"

Chapter 44: Can The Two Who Have Engaged In The Procedure Of Li'an Stay Together?

It was narrated that 'Amr said

"I heard Sa'eed bin Jubair say: 'I asked Ibn 'Umar about the two who engage in Li'an. He said: 'The Messenger of Allah said to the two who engaged in Li'an: Your reckoning will be with Allah. One of you is lying, and you cannot stay with her. He said: O Messenger of Allah, my wealth! He said: You are not entitled to any wealth. If you are telling the truth about her, then it is in return for having been allowed intimacy with her, and if you are lying then you are even less entitled to it.'"