The Book of Divorce

Muhammad bin Al-Muthanna narrated to us: Hafs narrated to us; Hisham narrated to us, from his father, from Fatimah, who said: 'I said, Messenger of Allah, my husband has divorced me three times, and I fear that someone will break into my home.' He instructed her to move, so she moved.

Ya'qub bin Mahan—a Basran—narrated to us, from Hushaym, who said: Sayyar, Husain, Mughirah, Dawud bin Abi Hind, Isma'il bin Abi Khalid, and others narrated to us, from Ash-Sha'bi. He said: 'I visited Fatimah bint Qais and asked her about the Messenger of Allah's ruling in her case. She said: My husband divorced me irrevocably, so I brought a dispute with him over housing and maintenance before the Messenger of Allah. He granted me no housing or maintenance, and ordered me to observe my waiting period in the home of Ibn Umm Maktum.'

Abu Bakr bin Ishaq As-Saghani informed me: Abu Al-Jawwab narrated to us; 'Ammar—Ibn Ruzaik—narrated to us, from Abu Ishaq, from Ash-Sha'bi, from Fatimah bint Qais, who said: 'My husband divorced me, and I wanted to move. I went to the Messenger of Allah and he said: Move to the home of your paternal cousin, 'Amr bin Umm Maktum, and observe your waiting period there.' Al-Aswad pelted him with pebbles and said: 'Woe to you! Why do you issue a ruling like this?' 'Umar said: 'If you bring two witnesses who testify that they heard it from the Messenger of Allah, we will accept it; otherwise, we will not set aside the Book of Allah for the word of a woman: Do not turn them out of their homes, nor should they leave unless they commit a manifest indecency.'

'Abdul-Hamid bin Muhammad narrated to us: Makhlad narrated to us, from Ibn Juraij, from Abu Az-Zubair, from Jabir, who said: 'My maternal aunt was divorced and wanted to go out to her date palms. A man she met told her not to go. She went to the Messenger of Allah, and he said: Go out and harvest your date palms. Perhaps you will give charity and do some good.'

It was narrated from Abu Bakr bin Abi Al-Jahm that he and Abu Salamah visited Fatimah bint Qais. She said: 'My husband divorced me and provided neither housing nor maintenance.' She added: 'He left ten qafiz measures for me with one of his cousins—five of barley and five of dates. I went to the Messenger of Allah and told him about it. He said: He has spoken truthfully.' He instructed me to observe my waiting period in the home of so-and-so. Her husband had divorced her irrevocably.'

It was narrated from 'Ubaidullah bin 'Abdullah bin 'Utbah that 'Abdullah bin 'Amr bin 'Uthman divorced the daughter of Sa'id bin Zaid—whose mother was Hamnah bint Qais—irrevocably. Her maternal aunt Fatimah bint Qais told her to move out of 'Abdullah bin 'Amr's home. When Marwan heard, he sent for her and ordered her to return to her residence until her waiting period ended. She sent him word that her aunt Fatimah had advised her to move and had told her that the Messenger of Allah had given her the same advice when Abu 'Amr bin Hafs Al-Makhzumi divorced her. Marwan sent Qabisah bin Dhu'aib to ask Fatimah about this. She said that she had been married to Abu 'Amr when the Messenger of Allah appointed 'Ali bin Abi Talib governor of Yemen; Abu 'Amr went with him and sent her the final divorce. He had directed Al-Harith bin Hisham and 'Ayyash bin Abi Rabi'ah to provide her maintenance. She sent to them requesting the maintenance her husband had ordered, but they said: 'By Allah, she is entitled to no maintenance from us unless she is pregnant, and she may not live in our house without our permission.' Fatimah said she went to the Messenger of Allah and told him this, and he confirmed what they said. She asked: 'Where should I move, Messenger of Allah?' He replied: 'Move to the home of Ibn Umm Maktum'—the blind man whom Allah, the Mighty and Sublime, admonished in His Book. She moved there and would put her clothes down in his home until, she said, the Messenger of Allah married her to Usamah bin Zaid.

'Amr bin Mansur narrated to us: 'Abdullah bin Yusuf narrated to us; Al-Laith narrated to us; Yazid bin Abi Habib narrated to me, from Bukair bin 'Abdullah bin Al-Ashajj, from Al-Mundhir bin Al-Mughirah, from 'Urwah bin Az-Zubair, that Fatimah bint Abi Hubaish told him she came to the Messenger of Allah and complained to him about bleeding. He said: 'That is a vein. When your menstrual period comes, do not pray; when it ends, purify yourself and pray during the time between one period and the next.'

Zakariyya bin Yahya narrated to us: Ishaq bin Ibrahim narrated to us; 'Ali bin Al-Husain bin Waqid narrated to us; my father narrated to me; Yazid An-Nahwi narrated to us, from 'Ikrimah, from Ibn 'Abbas, regarding Allah's saying: 'Whatever verse We abrogate or cause to be forgotten, We bring one better than it or like it'; and His saying: 'When We replace one verse with another—and Allah knows best what He sends down'; and His saying: 'Allah erases what He wills and confirms what He wills, and with Him is the Mother of the Book.' Ibn 'Abbas said: 'The first thing abrogated from the Qur'an was the direction of prayer. Allah also said: Divorced women shall wait by themselves for three quru', and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day; and their husbands have a greater right to take them back during that period if they wish reconciliation. This was because when a man divorced his wife, he had the right to take her back, even if he divorced her three times. Then this was abrogated, and Allah said: Divorce is twice; thereafter, either retain her honorably or release her kindly.'

Muhammad bin Al-Muthanna narrated to us: Muhammad narrated to us; Shu'bah narrated to us, from Qatadah, who said: I heard Yunus bin Jubair say: I heard Ibn 'Umar say: 'I divorced my wife while she was menstruating. 'Umar went to the Prophet and told him about it. The Prophet said: Tell him to take her back. When she is pure, if he wishes, let him divorce her.' I asked Ibn 'Umar, 'Did you count it as a divorce?' He replied: 'What would prevent it from counting? Consider what would happen if a man became incapable and acted foolishly.'

Bishr bin Khalid narrated to us: Yahya bin Adam narrated to us, from Ibn Idris, from Muhammad bin Ishaq, Yahya bin Sa'id, and 'Ubaidullah bin 'Umar, from Nafi', from Ibn 'Umar. Another chain is: Zuhair narrated to us, from Musa bin 'Uqbah, from Nafi', from Ibn 'Umar. They said: 'Ibn 'Umar divorced his wife while she was menstruating. 'Umar mentioned this to the Prophet, who said: Tell him to take her back and keep her until she menstruates once more. When she becomes pure, he may divorce her if he wishes or keep her, for this is the divorce Allah, the Mighty and Sublime, commanded.' Allah Most High says: 'Divorce them at the beginning of their waiting period.'

'Ali bin Hujr narrated to us: Isma'il narrated to us, from Ayyub, from Nafi', who said: 'When Ibn 'Umar was asked about a man who divorced his wife while she was menstruating, he would say: If he divorced her once or twice, the Messenger of Allah ordered him to take her back and keep her until she menstruated again and became pure. Then he should divorce her before touching her. But if he divorced her three times, he has disobeyed Allah in the manner He commanded for divorcing one's wife, and his wife is irrevocably separated from him.'

Yusuf bin 'Isa—a resident of Marw—narrated to us: Al-Fadl bin Musa narrated to us; Hanzalah narrated to us, from Salim, from Ibn 'Umar, that he divorced his wife while she was menstruating, and the Messenger of Allah ordered him to take her back.

'Amr bin 'Ali narrated to us: Abu 'Asim narrated to us. Ibn Juraij said: Ibn Tawus informed me, from his father, that he heard 'Abdullah bin 'Umar being asked about a man who divorced his wife while she was menstruating. Ibn 'Umar asked: 'Do you know 'Abdullah bin 'Umar?' The man said: 'Yes.' Ibn 'Umar said: 'He divorced his wife while she was menstruating. 'Umar went to the Prophet and told him what had happened, and the Prophet ordered him to take her back until she became pure.' The narrator added: 'I did not hear him say anything beyond this.'

'Abdah bin 'Abdullah narrated to us: Yahya bin Adam informed us. Another chain: 'Amr bin Mansur narrated to us: Sahl bin Muhammad Abu Sa'id narrated to us, saying he was informed from Yahya bin Zakariyya, from Salih bin Salih, from Salamah bin Kuhail, from Sa'id bin Jubair, from Ibn 'Abbas, from 'Umar, that the Prophet—while 'Amr's wording is 'the Messenger of Allah'—had divorced Hafsah and then taken her back. Allah knows best.