The Book of Divorce

كتاب الطلاق

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

"While we were with the Messenger of Allah, a man came to him from Yemen and started telling him (about an incident) while 'Ali was still in Yemen. He said: 'O Messenger of Allah, three men were brought to 'Ali who were disputing about a child, and they all had intercourse with a woman during a single menstrual cycle.'" And he quoted the same Hadith.

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."

It was narrated from a man from Hadramawt, that Zaid bin Arqam said

"The Messenger of Allah sent 'Ali to (be the governor of) Yemen, and a child was brought to him concerning whom three men were disputing." Then he quoted the same Hadith. Salamah bin Kuhail contradicted them.

Salamah bin Kuhail said

"I heard Ash-Sha'bi narrating from Abu Al-Khalil or Ibn Abi Al-Khalil that three men had intercourse (with the same woman) during a single menstrual cycle;" and he mentioned something similar, but he did not mention Zaid bin Arqam or attribute anything to the Prophet.

Chapter 51: Detecting Family Likenesses

It was narrated that 'Aishah said

"The Messenger of Allah came to me looking happy and cheerful, and he said: 'Did you not see that Mujazziz looked at Zaid bin Harithah and Usamah and said: These feet belong to one another.'"

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 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.

It was narrated that Abu Maimunah said

"While I was with Abu Hurairah he said: 'A woman came to the Messenger of Allah and said: May my father and mother be ransomed for you! My husband wants to take my son away, but he helps me, and brings me water from the well of Abu 'Inabah. Her husband came and said: Who is going to take my son from me? The Messenger of Allah said: "O boy, this is your father and this is your mother; take the hand of whichever of them you want." He took his mother's hand and she left with him.'"

Chapter 53: The 'Iddah Of A Woman Separated By Khul'

Ar-Rubayy' bint Mu'awwidh bin 'Afra' narrated that Thabit bin Qais bin Shammas hit his wife and broke her arm --her name was Jamilah bint 'Abdullah bin Ubayy. Her brother came to the Messenger of Allah to complain about him, and the Messenger of Allah sent for Thabit and said

"Take what she owes you and let her go." He said: "Yes." And the Messenger of Allah ordered her to wait for one menstrual cycle and then go to her family.

'Ubadah bin Al-Walid bin 'Ubadah bin As-Samit narrated from Rubayy' bint Mu'awwidh. He said

"I said to her: 'Tell me your Hadith.' She said: 'I was separated from husband by Khul', then I came to 'Uthman and asked him: What 'Iddah do I have to observe? He said: You do not have to observe any 'Iddah, unless you had intercourse with him recently, in which case you should stay with him until you have menstruated. He said: In that I am following the ruling of the Messenger of Allah concerning Mariam Al-Maghaliyyah, who was married to Thabit bin Qais and was separated by Khul' from him.'"

Chapter 54: Exceptions To The 'Iddah Of Divorced Women

It was narrated from Ibn 'Abbas with regard to Allah's saying

"Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it." and He said: "And when We change a Verse in place of another --and Allah knows best what He sends down." and He said: "Allah blots out what He wills and confirms (what He wills). And with Him is the Mother of the Book." "The first thing that was abrogated in the Qur'an was the Qiblah."And He said: "And divorced women shall wait (as regards their marriage) for three menstrual periods." and He said: "And those of your women as have passed the age of monthly courses, for them the 'Iddah, if you have doubt (about their periods), is three months." So (some) of that was abrogated, (according to) His, Most High, saying: "And then divorce them before you have sexual intercourse with them, no 'Iddah have you to count in respect of them."

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

It was narrated that Zainab bint Umm Salamah said

"Umm Habibah said: 'I heard the Messenger of Allah say: 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 mourns for him for) four months and ten (days)."

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 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 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)."

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)."

A similar report was narrated from Safiyyah bint Abi 'Ubaid from one of the wives of the Prophet -and she is Umm Salamah- from the Prophet.

Chapter 56: The 'Iddah Of A Pregnant Woman Whose Husband Dies

It was narrated from Al-Miswar bin Makhramah that Subai'ah Al-Aslamiyyah gave birth one day after her husband died. She came to the Messenger of Allah and asked his permission to marry, and he gave her permission to marry and she married.

It was narrated from Al-Miswar bin Makhramah that the Prophet commanded Sabai'ah to get married when her Nifas ended.