The Book of Divorce

كتاب الطلاق

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

It was narrated from Al-Fari'ah bint Malik that her husband went out to pursue some slaves and they killed him. Shu'bah and Ibn Juraij said

"She was in a remote house. She came with her brothers to the Messenger of Allah and told him (about the situation) and he granted her a concession. When she was leaving he called her back and said: 'Stay in your house until the term prescribed is fulfilled.'"

It was narrated from Al-Furai'ah bint Malik that her husband hired some slaves to work for him and they killed him. She mentioned that to the Messenger of Allah and said

"I am not living in a house that belongs to him, and I do not receive maintenance from him; should I move to my family with my two orphans and stay with them?" He said: "Do that." Then he said: "What did you say?" So she told him again and he said: "Observe your 'Iddah where the news came to you."

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 63: Putting On Adornment Is For The Grieving Muslim Woman, Not For Jewish Or Christian Women

It was narrated from Humaid bin Nafi' that Zainab bint Abi Salamah told him these three Hadiths. Zainab said

"I entered upon Umm Habibah, the wife of the Prophet, when her father Abu Sufyan bin Harb died. Umm Habibah called for some perfume and put some on a young girl, then she put some on her cheeks. Then she said: 'By Allah, I do not have any need for perfume but I heard the Messenger of Allah say: It is not permissible for any woman who believes in Allah and the Last Day 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.'"

Zainab said

"Then I went into Zainab bint Jahsh when her brother died, and she called for some perfume and put some on. Then she said: 'By Allah, I do not have any need for perfume but I heard the Messenger of Allah say on the Minbar: It is not permissible for any woman who believes in Allah and the Last Day 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.'"

Zainab said

"I heard Umm Salamah say: 'A woman came to the Messenger of Allah and said: O Messenger of Allah, my daughter's husband has died and she has a problem in her eye; can I put kohl on her? The Messenger of Allah said: No. Then he said: It is four months and ten days. During the Jahiliyyah one of you would throw a piece of dung at the end of the year.'" Humaid said: "I said to Zainab: 'What is this throwing a piece of dung at the end of the year?' She said: 'If a woman's husband died, she would enter a small room (Hifsh) and wear her worst clothes, and she would not put on perfume or anything until a year. Then an animal would be brought, a donkey or sheep or bird, and she would end her 'Iddah with it (clean herself with it), and usually any animal used for that purpose would die. Then she would come out and would be given a piece of dung which she would throw, then she would go back to whatever she wanted of perfume, etc.'" In the narration of Muhammad (bin Salamah) Malik said: Hifsh means hut.

Chapter 64: What Dyed Clothes Should Be Avoided By The Woman In Mourning

It was narrated that Umm 'Atiyyah said

"The Messenger of Allah said: 'No woman should mourn for anyone who dies for more than three days, except for a husband, for whom she should mourn for four months and ten days. She should not wear garments that are dyed or patterned, or put on kohl or comb her hair, and she should not put on any perfume except when purifying herself after her period, when she may use a little of Qust or Azfar.'"

It was narrated from Safiyyah bint Shaibah, from Umm Salamah, the wife of the Prophet, that the Prophet said

"The woman whose husband has died should not wear clothes that are dyed with safflower or red clay, and she should not use dye nor kohl."

Chapter 65: A Woman In Mourning Dyeing Her Hair

It was narrated from Umm 'Atiyyah 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 not use kohl, dye nor wear dyed clothes."

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

Zainab bint Abi Salamah narrated that her mother Umm Salamah said

"A woman from the Quraish came and said: 'O Messenger of Allah, my daughter's eyes are inflamed; shall I apply kohl to her?' (The daughter's) husband had died so (the Prophet) said: 'Not until four months and ten days (have passed).' Then she said: 'I fear for her sight.' He said: 'No, not until four months and ten days (have passed). During the Jahiliyyah one of you would mourn for her husband for a year, then when one year had passed she would throw a piece of dung.'"

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 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."

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 68: Qust And Azfar For The Woman In Mourning

It was narrated from Hafsah, from Umm 'Atiyyah, from the Prophet, that he granted a concession to the woman whose husband has died, allowing her to use Qust and Azfar when purifying herself following her menses.

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.

It was narrated from 'Ikrimah with regard to the saying of Allah, the Mighty and Sublime

"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," that he said: "This was abrogated by: 'And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for 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.