The Book on Divorce and Li'an

كتاب الطلاق واللعان عن رسول الله صلى الله عليه وسلم

Chapter 1: What has been related about the Sunnah divorce

Yunus bin Jubair said

"I asked Ibn Umar about a man who divorced his wife while she was menstruating. So he said: 'Don't you know Abdullah bin Umar?' Indeed he divorced his wife while she was menstruating, so Umar asked the Prophet about that, and he ordered him to take her back.'" He said: "I said: And that divorce is counted? He said: And that divorce is counted? He said: 'What else would you think if he was helpless and foolish?'"

Salim narrated that

His father divorced his wife during her menses, so Umar asked the Prophet about that and he said: "Tell him to take her back, then let him divorce her while she is pure or pregnant."

Chapter 2: What has been related about a man who divorces his wife irrevocably

Abdullah bin Yazid bin Rukanah narrated from his father, from his grandfather who said

'O Messenger of Allah! I irrevocably divorced my wife.' So he said: 'What did you intend by that?' I said: 'One (divorce).' He said: '(Do you swear) By Allah?' I said: 'By Allah.' He said: 'Then it is as you intended.'"

Chapter 3: What has been related about: Your case is up to you

Hammad bin Yazid said

"I said to Abu Ayyub: 'Do you know of anyone who said that: "Your case is up to you?" counts as three besides Al-Hasan?' He said: "No, not besides Al-Hasan.' Then he said: 'O Allah forgive me - except for what has been narrated to me by Qatadah, from Kathir the freed slave of Banu Samurah, from Abu Salamah, from Abu Hurairah, that the Prophet said: "Three.'"Abu Ayyub said: 'So I met Kathir the freed slave of Banu Samurah and asked him about it, but he was not aware of it. So I returned to Qatadah and informed him about that and he said: "He forgot."

Chapter 4: What has been related about the choice

Aishah said

"The Messenger of Allah gave us the choice, so we chose him. So was that a divorce?"

Chapter 5: What has been related about: The woman with three divorces gets no housing nor maintenance (from the husband)

Fatimah bint Qais said

"My husband divorced me three times during the time of the Prophet. So the Messenger of Allah said: 'There is no housing for you nor maintenance.'" Al-Mughirah (one of the narrators) said: "I mentioned that to Ibrahim and he said: Umar said: "We do not leave the Book of Allah and the Sunnah of our Prophet for the saying of a woman, and we do not know if she remembered or forgot." And Umar used to give her (the divorced woman) housing and maintenance.'"

Chapter 6: What has been related about: There is no divorce before marriage

Amr bin Shu'aib narrated from his grandfather, from his father, that

The Messenger of Allah said: "There is no vow for the son of Adam over what he has no control, and there is no emancipating he can do for one whom he does not own, and there is no divorce for him regarding that which he has no control over."

Chapter 7: What has been related about: Divorce for a slave woman is twice

Muzahir bin Aslam narrated that Al-Qasim narrated from Aishah that

The Messenger of Allah said: "The divorce for a slave woman is two divorces, and her Iddah is two menstruations."

Chapter 8: What has been related about the man who thinks to himself about divorcing his wife

Abu Hurairah narraed that

The Messenger of Allah said: "Allah has permitted my Ummah what occurs in their mines, as long as it is not spoken or acted upon."

Chapter 9: What has been related about seriousness and jest regarding divorce

Abu Hurairah narrated that

The Messenger of Allah said: "Three are serious when they are serious, and serious when they are in jest: Marriage, divorce, and return."

Chapter 10: What has been related about Khul'

AR-Rubayyi bint Mu'awwidh bin Al-Afra narrated

that she got a Khul during the time of the Prophet. So the Prophet ordered her - or: she was ordered - that she observe an Iddah of a menstruation."

Ibn Abbas narrated that

The wife of Thabit bin Qais was granted a Khul from her husband during the time of the Prophet. So the Prophet ordered her to observe an Iddah of a menstruation.

Chapter 11: What has been related about the women who seek a Khul'

Thawban narrated that

The Prophet said: "The women who seek a Khul are hypocrites."

Thawban narrated that

The Messenger of Allah said: "Whichever woman seeks a Khul from her husband without harm (cause), then the scent of Paradise will be unlawful for her."

Chapter 12: What has been related about treating women kindly

Abu Hurairah narrated that

The Messenger of Allah said: "Indeed the woman is like a rib, if you try to straighten her you will break her, and if you leave her, what you enjoy from her will be with the crookedness."

Chapter 13: What has been related about a man whose father asks him to divorce (his wife)

Ibn Umar narrated

"I had a wife whom I loved, but my father disliked her, so he ordered me to divorce her but I refused. I mentioned that to the Prophet and he said: 'O Abdullah bin Umar! Divorce your wife.'"

Chapter 14: What has been related about: No woman should ask for the divorce of her sister

Abu Hurairah narrated that

The Prophet said: "No woman should ask for the divorce of her sister (in religion) in order to spill what is in her container."

Chapter 15: What has been related about the divorce pronounced by the Ma'tuh person

Abu Hurairah narrated that

The Messenger of Allah said: "Every divorce is valid except the divorce of the Ma'tuh person whose reason is overcome." (Da'if Jiddan)

Chapter 16: The revelation of Allah's saying: "Divorce is two times"

Hisham bin Urwah narrated from his father, from Aishah that she said

"The people were such that a man would divorce his wife when he wanted to divorce her, and she remained his wife when he wanted to take her back while she was in her Iddah, and he could divorce a hundred times, or even more, such that a man could say to his wife: 'By Allah! I will neither divorce you irrevocably, nor give you residence ever!' She would say: 'And how is that?' He would say: 'I will divorce you, and whenever your Iddah is just about to end I will take you back. So a woman went to Aishah to inform her about that, and Aishah was silent until the Prophet came. So she told him and the Prophet was silent, until the Qur'an was revealed: Divorce is two times, after that, retain her on reasonable terms or release her with kindness.'" So Aishah said: "So the people could carry on with divorce in the future, (knowing) who was divorced, and who was not divorced."