The Book of Divorce

كتاب الطلاق

Chapter 57: The 'Iddah Of A Woman Whose Husband Dies Before Consummating The Marriage

It was narrated from Ibn Mas'ud, that he was asked about a man who married a woman, but did not name a Mahr or consummate the marriage before he died. Ibn Mas'ud said

"She should have a Mahr like that of women like her, no less and no more; she has to observe the 'Iddah, and she is entitled to inherit." Ma'qil bin Sinan Al-Ashja'i stood up and said: "The Messenger of Allah passed a similar judgment among us concerning Birwa' bint Washiq." And Ibn Masud rejoiced at that.

Chapter 58: Mourning

It was narrated from 'Aishah that the Prophet said

"It is not permissible for a woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband."

Chapter 66: Concession Allowing A Woman In Mourning To Comb Her Hair With Lote Leaves

Umm Hakim bint Asid narrated from her mother that her husband died and she had a problem in her eye, so she applied kohl to clear her eyes. She sent a freed slave woman of hers to Umm Salamah to ask her about using kohl to clear her eyes. She said

"Do not use kohl unless it cannot be avoided. The Messenger of Allah entered upon me when Abu Salamah died and I had put some aloe juice on my eyes. He said: 'What is this, O Umm Salamah?' I said: 'It is aloe juice, O Messenger of Allah, there is no perfume in it.' He said: 'It makes the face look bright, so only use it at night, and do not comb your hair with perfume or henna, for it is a dye.' I said: 'With what can I comb it, O Messenger of Allah?' He said: 'With lote leaves -cover your head with them.'"

Chapter 67: Prohibition Of Kohl For A Woman In Mourning

It was narrated from Zainab bint Abi Salamah, from her mother, that a woman came to the Prophet and asked him about her daughter whose husband had died and she was ill. He said

"One of you used to mourn for a year, then throw a piece of dung when a year had passed. Rather it (the mourning period) is four months and ten days."

It was narrated from Zainab that a woman asked Umm Salamah and Umm Habibah whether she could put on kohl during her 'Iddah following her husband's death. She said

"A woman came to the Prophet and asked him about that, and he said: 'During the Jahiliyyah, if her husband died, one of you would stay (in mourning) for a year, then she would throw a piece of dung then come out. Rather it (the mourning period) is four months and ten days, until the term prescribed is fulfilled.'"

Chapter 69: Abrogation Of Maintenance And Residence For The Widow, Which Are Replaced By The Share Of Inheritanc

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

"And those of you who die and leave behind wives should bequeath for their wives a year's maintenance and residence without turning them out." This was abrogated by the Verse on inheritance, which allocated to her one-quarter or one-eighth. And the appointed time ('Iddah) of one year was abrogated and replaced with the ('Iddah) term of four months and ten days.

Chapter 70: Concession Allowing An Irrevocably-Divorced Woman To Leave Her House During Her 'Iddah

'Abdur-Rahman bin 'Asim narrated that Fatimah bint Qais -who was married to a man of Banu Makhzum- told him that he divorced her three times. He went out on a military campaign and told his representative to give her some provision. She thought it was too little, so she went to one of the wives of the Prophet, and the Messenger of Allah came in while she was with her. She said

"O Messenger of Allah, this is Fatimah bint Qais who has been divorced by so-and-so. He sent her some provision but she rejected it. He said that it was something he did not have to do (a favor)." He said: "He is telling the truth." The Prophet said: "Go to Umm Kulthum and observe your 'Iddah in her house." Then he said: "Umm Kulthum is a woman who has a lot of visitors. Go to 'Abdullah bin Umm Maktum for he is blind." So she went to 'Abdullah and observed her 'Iddah in his house, until her 'Iddah was over. Then Abu Al-Jahm and Mu'awiyah bin Abi Sufyan proposed to her. So she came to the Messenger of Allah to consult him about them. He said: "As for Abu Al-Jahm, he is a man the waving of whose stick I fear for you. And as for Mu'awiyah he is a man who does not have any money." So she married Usamah bin Zaid after that.

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.

Abu Salamah said

"Abu Hurairah and Ibn 'Abbas differed concerning the widow who gives birth after her husband's death. Abu Hurairah said: 'She may be married.' Ibn 'Abbas said: '(She has to wait) for the longer of the two periods.' They sent word to Umm Salamah and she said: 'The husband of Subai'ah died and she gave birth fifteen days -half a month- after her husband died.' She said: 'Two men proposed marriage to her, and she was inclined toward one of them. When they feared that she was becoming single-minded (on this issue, and not consulting her family), they said: It is not permissible for you to marry. She went to the Messenger of Allah and he said: 'It is permissible for you to marry, so marry whomever you want.''"

It was narrated from Abu Salamah bin 'Abdur-Rahman that Zainab bint Abi Salamah told him, from her mother, Umm Salamah, the wife of the Prophet

"That a woman from Aslam who was called Subai'ah was married to her husband, and he died while she was pregnant. Abu As-Sanabil bin Ba'kak proposed to her but she refused to marry him. He said: 'You cannot get married until you have observed 'Iddah for the longer of the two periods.' Approximately twenty days later she gave birth. She went to the Messenger of Allah and he said: 'Get married.'"

'Ubaidullah bin 'Abdullah narrated that his father wrote to 'Umar bin 'Abdullah bin Arqam Az-Zuhri, telling him to go to Subai'ah bint Al-Harith Al-Aslamiyyah and ask her about her Hadith and what the Messenger of Allah had said to her when she consulted him. 'Umar bin 'Abdullah wrote back to 'Abdullah bin 'Utbah telling him that Subai'ah told him, that she was married to Sahl bin Khawlah -who was from Banu 'Amir bin Lu-ayy and was one of those who had been present at Badr- and her husband died during the Farewell Pilgrimage while she was pregnant. She gave birth soon after he died, and when her Nifas ended she adorned herself to receive proposals of marriage. Abu As-Sanabil bin Ba'kak -a man from Banu 'Abd Ad-Dar- went to her and said to her

'Why do I see you adorned? Perhaps you want to get married, but by Allah you will not get married until four months and ten days have passed.' Subai'ah said: 'When he said that to me, I put on my clothes in the evening and went to the Messenger of Allah and asked him about that. He ruled that it had become permissible for me to marry when I gave birth, and he told me to get married if I wanted to.'"

It was narrated from 'Ubaidullah bin 'Abdullah that 'Abdullah bin 'Utbah wrote to 'Umar bin 'Abdullah bin Al-Arqam Az-Zuhri, telling him

"Go to Subai'ah bint Al-Harith Al-Aslamiyyah, and ask her about the ruling of the Messenger of Allah concerning her pregnancy." He said: "So 'Umar bin 'Abdullah went to her and asked her. She told him that she was married to Sa'd bin Khawlah, who was one of the Companions of the Messenger of Allah who had been present at Badr. He died during the Farewell Pilgrimage, and she gave birth before four months and ten days had passed since her husband's death. When her Nifas ended, Abu As-Sanabil -a man from Banu 'Abd Ad-Dar- went to her and saw that she had adorned herself. He said: 'Perhaps you want to get married before four months and ten days has passed?' She said: 'When I heard that from Abu As-Sanabil, I went to the Messenger of Allah and told him my story. The Messenger of Allah said: 'It is permissible for you to marry when you gave birth.''"

Chapter 59: Mourning Is Waived For A Kitabi Widow

It was narrated from Zainab bint Abi Salamah that Umm Habibah said

"I heard the Messenger of Allah say this on this Minbar: 'It is not permissible for a woman who believes in Allah and His Messenger to mourn for anyone who dies for more than three days, except for a husband, (for whom the mourning period is) four months and ten days.'"

Chapter 60: The Woman Whose Husband Has Died Staying In Her House Until It Becomes Permissible For Her To Remarr

It was narrated from Furai'ah that her husband went out to pursue some slaves of his and he was killed on the edge of Al-Qadum. She said

"I came to the Prophet and mentioned moving to (join) my family." She told him about her situation. She said: "He allowed me, then, when I turned to leave, he called me back and said: 'Stay with your family until the term prescribed is fulfilled.'"

Chapter 61: Concession Allowing A Woman Whose Husband Has Died To Observe Her 'Iddah Wherever She Wants

It was narrated from Ibn 'Abbas that this Verse abrogated the woman's 'Iddah among her family, and she may observe her 'Iddah wherever she wants. That is the saying of Allah, the Mighty and Sublime

without turning them out.

Chapter 62: The 'Iddah Of A Woman Whose Husband Has Died, Starts From The Day The News Reached Her

Furai'ah bint Malik, the sister of Abu Sa'eed Al-Khudri, said

"My husband died in Al-Qadum, so I went to the Prophet and told him that our house was remote." He gave her permission then he called her back and said: "Stay in your house for four months and ten days, until the term prescribed is fulfilled."

Chapter 67: Prohibition Of Kohl For A Woman In Mourning

It was narrated from Zainab bint Abi Salamah, from Umm Salamah that a woman from the Quraish came to the Messenger of Allah and said

"My daughter's husband has died, and I am worried about her eyes; she needs kohl." He said: "One of you used to throw a piece of dung after a year had passed. Rather it (the mourning period) is four months and ten days." I (the narrator) said to Zainab: "What does 'after a year had passed' mean?" She said: "During the Jahiliyyah, if a woman's husband died she would go to the worst room she had and stay there, then, when a year had passed, she would come out and throw a piece of dung behind her."

Chapter 70: Concession Allowing An Irrevocably-Divorced Woman To Leave Her House During Her 'Iddah

It was narrated from Abu Salamah bin 'Abdur-Rahman that Fatimah bint Qais told him that she was married to Abu 'Amr bin Hafs bin Al-Mughirah, who divorced her by giving her the last of three divorces. Fatimah said that she came to the Messenger of Allah and consulted him about leaving her house. He told her to move to the house of Ibn Umm Maktum, the blind man. Marwan refused to believe Fatimah about the divorced woman leaving her house. 'Urwah said

"Aishah denounced Fatimah for that."

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

It was narrated that Muhammad said

"I was sitting with some people in Al-Kufah in a large gathering of the Ansar, among whom was 'Abdur-Rahman bin Abi Laila. They spoke about the story of Subai'ah and I mentioned what 'Abdullah bin 'Utbah bin Mas'ud had said in meaning." (One of the narrators) Ibn 'Awn's saying was: "when she gives birth." Ibn Abi Layla said: 'But his (paternal) uncle did not say that.' I raised my voice and said: 'Would I dare to tell lies about 'Abdullah bin 'Utbah when he is in the vicinity of Al-Kufah?'" He said: "Then I met Malik and said: 'What did Ibn Mas'ud say about the story of Subai'ah?' He said: 'He said: "Are you going to be too strict with her and not allow her the concession (with regard to the 'Iddah)? The shorter Surah about women (At-Talaq) was revealed after the longer one (Al-Baqarah)."'"