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Translation of Sahih Muslim, Book 9:
The Book of Divorce (Kitab Al-Talaq)
INTRODUCTION
The Arabic word for divorce is talaq which means" freeing or undoing the knot" (Imam Raghib). In the terminology of the jurists. Talaq signifies the dissolution of marriage, or the annulment of its legality by the pronouncement of certain words.
Divorce is of three kinds: the Ahsan, or most laudable, the Hasan, or laudable, and the Bid'a or irregular.
Talaq Ahsan or the most laudable divorce is where the husband repudiates his wife by making one pronouncement within the term of Tahr (purity. when the woman is not passing through the period of menses) during which he has not had sexual intercourse with her, and she is left to observe her 'Idda.
Talaq Hasan or laudable divorce is where a husband repudiates an enjoyed wife by three sentences of divorce, in three Tuhrs
Talaq Bid'a or irregular divorce is where a husband repudiates his wife by three divorces at once. According to the majority of the jurists, the Talaq holds good, but it is against the spirit of the Shari'ah, and, therefore, the man who follows this course in divorce is an offender in the eye of Islamic Law.
The right of woman in demanding the dissolution of marriage is known as Khula' (meaning, literally, the putting off or taking off a thing). It is a kind of facility provided to the wife in securing Talaq from her husband by returning a part or full amount of the bridal gift.
We have described before that, according to Islam, marriage is a civil contract; yet the rights and responsibilities consequent upon it are of such importance to the welfare of humanity that a high degree of sanctity is attached to it. But, in spite of the sacredness of the character of the marriage tie, Islam recognises the eternity of divorce in cases when marital relations are poisoned to a degree which makes a peaceful home life impossible. But Islam does not believe in unlimited opportunities for divorce on frivolous and flimsy grounds, because any undue increase in tht facilities for divorce would destroy the stability of family life. Therefore, while allowing divorce even on genuine grounds, Islam has taken great care to introduce checks designed to limit the use of available facilities. The French legists Planiol and Ripert have explicitly emphasised Islam's point of view in regard to divorce in these words:" Divorce is a mischief. However, it is a measure that cannot be avoided for the welfare of the community, because it is the only remedy for another harm which may be wore dangerous The prohibition of divorce, whatever harm it may imply, is like the prohibition of surgery, because the surgeon is compelled to amputate some of the limbs of the patient's body. However, there is no danger whatsoever, in legislating for divorce (in accordance with the practice established by Islam) since it is not divorce that spoils married life and dissolves its sacred tie, but the misunderstanding that arises between the married couple and hinders the strengthening of this (union by marriage) and demolished it. Divorce alone puts an end to the hatred that may occur between the husband and his wife before it is aggravated and becomes an intolerable mischief to society" (quoted by Hasan Ibrihim Hasan, Islam, Religious, Political. Social and Economic Study, p. 274).
Chapter 1: IT IS FORBIDDEN TO DIVORCE THE WOMAN DURING HER MENSES
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Book 009, Number 3473:
Ibn 'Umar (Allah be pleased with them) reported that he divorced his
wife while she was menstruating during the lifetime of Allah's Messenger
(may peace be upon him). 'Umar b. Khattib (Allah be pleased with him)
asked Allah's Messenger (may peace be upon him) about it, whereupon
Allah's Messenger (may peace be upon him) said: Command him ('Abdullah
b. 'Umar) to take her back (and keep her) and pronounce divorce when
she is purified and she again enters the period of menstruation and
she is again purified (after passing the period of menses), and then
if he so desires he may keep her and if he desires divorce her (finally)
before touching her (without having an intercourse with her), for that
is the period of waiting ('ldda) which God, the Exalted and Glorious,
has commanded for the divorce of women.
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Book 009, Number 3474:
Abdullah (b. 'Umar) reported that he divorced a wife of his with the
pronouncement of one divorce during the period of menstruation. Allah's
Messenger (may peace be upon him) commanded him to take her back and
keep her until she was purified, and then she entered the period of
menses in his (house) for the second time. And he should wait until
she was purified of her menses. And then if he would decide to divorce
her, he should do so when she was purified before having a sexual intercourse
with her; for that was the 'Idda which Allah had commanded for the divorce
of women. Ibn Rumh in his narration made this addition: When 'Abdullah
was asked about it, he said to one of them: If you have divorced your
wife with one pronouncement or two (then you can take her back), for
Allah's Messenger (may peace be upon him) commanded me to do it; but
if you have divorced her with three pronouncements, then she is forbidden
for you until she married another husband, and you disobeyed Allah in
regard to the divorce of your wife what He had commanded you. (Muslim
said: The word" one divorce" used by Laith is good.)
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Book 009, Number 3475:
Ibn Umar (Allah be pleased with them) reported: I divorced my wife during
the lifetime of Allah's Messenger (may peace be upon him) when she was
in the state of menses. 'Umar (Allah be pleased with him) made a mention
of it to Allah's Messenger (may peace be upon him), whereupon he said:
Command him to take her back and leave her (in that state) until she
is purified. Then (let her) enter the period of second menses, and when
she is purified, then divorce her (finally) before having a sexual intercourse
with her, or retain her (finally). That is the 'Idda (the prescribed
period) which Allah commanded (to be kept in view) while divorcing the
women. 'Ubaidullah reported: I said to Nafi': What became of that divorce
(pronounced within 'Idda)? He said: It was as one which she counted.
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Book 009, Number 3476:
A hadith like this has been narrated on the authority of 'Ubaidullah,
but he made no mention of the words of Ubaidullah that he said to Nafi'.
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Book 009, Number 3477:
Ibn 'Umar (Allah be pleased with them) reported that he divorced his
wife during the period of menses. 'Umar (Allah be, pleas'ed with him)
asked Allah's Apostle (may peace be upon him), and he commanded him
('Abdullah b. 'Umar) to have her back and then allow her respite until
she enters the period of the second menses, and then allow her respite
until she is purified, then divorce her (finally) before touching her
(having a sexual intercourse with her), for that is the prescribed period
which Allah commanded (to be kept in view) for divorcing the women.
When Ibn 'Umar (Allah be pleased with them) was asked about the person
who divorces his wife in the state of menses, he said: If you pronounced
one divorce or two, Allah's Messenger (may peace be upon him) had commanded
him to take her back, and then allow her respite until she enters the
period of the second menses, and then allow her respite until she is
purified, and then divorce her (finally) before touching her (having
a sexual intercourse with her) ; and if you have pronounced (three divorces
at one and the same time) you have in fact disobeyed your Lord with
regard to what He commanded you about divorcing your wife. But she is
however (finally separated from you).
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Book 009, Number 3478:
Abdullah b. 'Umar (Allah be pleased with them) reported: I divorced
my wife while she was in the state of menses. 'Umar (Allah be pleased
with him) made mention of it to Allah's Apostle (may peace be upon him)
and he was enraged and he said: Command him to take her back until she
enters the second ensuing menses other than the one in which he divorced
her and in case he deems proper to divorce her, he should pronounce
divorce (finally) before touching her (in the period) when she is purified
of her menses, and that is the prescribed period in regard to divorce
as Allah has commanded. 'Abdullah made a pronouncement of one divorce
and it was counted in case of divorce. 'Abdullah took her back as Allah's
Messenger (may peace be upon him) had commanded him. A hadith like this
was reported on the authority of Zuhri with the same chain of narrators.
Ibn Umar (Allah be pleased with them), however, said: I took her back,
and counted this pronouncement of divorce (as valid) with which I divorced
her.
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Book 009, Number 3479:
Ibn 'Umar (Allah be pleased with them) reported that he divorced his
wife while she was in the state of menses. 'Umar (Allah be pleased with
him) made mention of it to Allah's Apostle (may peace be upon him) and
he said: Command him to take her back, then divorce her when she is
pure or she is pregnant.
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Book 009, Number 3480:
Ibn 'Umar (Allah be pleased with them) reported that he divorced his
wife while she was in her menses. 'Umar (Allah be pleased with him)
asked Allah's Apostle (may peace be upon him) about that, and he said:
Command him to take her back until she is pure and then she enters the
second menses and then becomes pure. Then either divorce her (finally)
or retain her.
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Book 009, Number 3481:
Ibn Sirin reported: One who was blameless (as a narrator) narrated to
me for twenty years that Ibn 'Umar (Allah be pleased with him) pronounced
three divorces to his wife while she was in the state of menses. He
was commanded to take her back. I neither blamed them (the narrators)
nor recognised the hadith (to be perfectly genuine) until I met Abu
Ghallab Yunus b. Jubair al-Bahili and he was very authentic, and he
narrated to me that he had asked Ibn 'Umar (Allah be pleased with there)
and he narrated it to him that he made one pronouncement of divorce
to his wife as she was in the state of menses, but he was commanded
to take her back. I said: Was it counted (as one pronouncement)? He
said: Why not, was I helpless or foolish?
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Book 009, Number 3482:
A hadith like this has been transmitted on the authority of Ayyub with
a slight variation of words.
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Book 009, Number 3483:
Ayyub reported a hadith like this with the same chain of narrators and
he said: Umar (Allah be pleased with him) asked Allah's Apostle (may
peace be upon him) about it and he commanded him that he should take
her back until she is divorced in the state of purity without having
a sexual intercourse with her, and said: Divorce her in the beginning
of her 'Idda or her 'Idda commences.
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Book 009, Number 3484:
Yunus b. Jubair reported: I said to Ibn'Umar (Allah be pleased with
them): A person divorcedhis wife while she was in the state of menses,
whereupon he said: Do you know 'Abdullah b. Umar (Allah be pleased with
them), for he divorced his wife in the state of menses. 'Umar (Allah
be pleased with him) came to Allah's Apostle (may peace be upon him)
and asked him, and he (the Holy Prophet) commanded him that he should
take her back, and she started her 'Idda. I said to him: When a person
divorces his wife, and she is in the state of menses, should that pronouncement
of divorce be counted? He said: Why not, was he hopless or foolish?
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Book 009, Number 3485:
Ibn 'Umar (Allah be pleased with them) reported: I divorced my wife
while she was in the state of menses. 'Umar (Allah he pleased wish him)
came toAllah's Apostle (may peace be upon him) and made mention of that
to him, whereupon Allah's Apostle (may peace be upon him) told that
be should take her back, and when she is pure he may divorce her. if
he would so wish. I (one of the narrators) said to Ibn 'Umar (Allah
be pleased with them): Did you count (this pronouncement of divorce)
in her case? He said: What (after all) prevents him from doing so? Do
you find him (Ibn Umar) either helpless or foolish?
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Book 009, Number 3486:
Anas b. Sirin reported: I asked Ibn 'Umar (Allah be pleased with them)
about the woman whom he had divorced. He said: I divorced her while
she was in the state of menses. It was mentioned to 'Umar (Allah be
pleased with him) and he then made a mention of that to Allah's Apostle
(may peace be upon him), whereupon he said: Command him to take her
back and when the period of menses is over, then (he may divorce her
in the state of her purity. He (Ibn Umar) said: So I took her back,
then divorced her in her purity. I (the narrator) said: Did you count
that divorce which you pronounced in the state of menses? He said: Why
should I not have counted that? Was I helpless or foolish?
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Book 009, Number 3487:
Anas b. Sirin reported that he had heard Ibn 'Umar (Allah be pleased
with them) as saying. I divorced my wife while she was in the state
of menses. 'Umar (Allah be pleased with him) came to Allah's Apostle
(may peace be upon him) and informed him about it, whereupon he (Allah's
Apostle) said: Command him to take her back and when she is pure, then
divorce her. I said to Ibn 'Umar Allah be pleased with them): Did you
count that pronouncement of divorce? He said: Why not? This hadith has
been narrated on the authority of Shu'ba with the same chain of transmitters
but with a slight variation in wording.
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Book 009, Number 3488:
Ibn Tawus narrated on the authority of his father that Ibn 'Umar (Allah
be pleased with them) was asked about the person who divorced his wife
in the state of menses, whereupon he said: Do you know 'Abdullah b.
Umar? He said: Yes. He said: It was he who divorced his wife jn the
state of menses and 'Umar went to Allah's Apostle (may peace be upon
him) and gave him this information. and he commanded him that he should
take her back; and he (Abu Tawus) said: I did not hear any addition
to this (hadith) from my father.
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Book 009, Number 3489:
Abu Zubair reported that he heard 'Abd al-Rahman b. Aiman (the freed
slave of 'Azza) say that he asked Ibn 'Umar (Allah be pleased with them)
and Abu Zubair heard: What is your opinion about the person who divorced
his wife in the state of menses? Thereupon he said: Ibn Umar (Allah
be pleased with them) divorced his wife during the lifetime of Allah's
Messenger (may peace be upon him) while she was in the state of menses.
Upon this Allah's Messenger (may peace be upon him) told him to take
her back and so he took her back and he (further) said: When she is
pure, then either divorce her or retain her. Ibn 'Umar (Allah be pleased
with them) said that Allah's Apostle (may peace be upon him) then recited
this verse:" O Apostle, when you divorce women, divorce them at
the commencement of their prescribed period" (Ixv 1).
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Book 009, Number 3490:
A hadith like this is reported on the same authority (but with this
difference that the narrator) 'Abd al-Rahman b. Aiman (was mentioned)
as the freed slave of 'Urwa (Imam Muslim said: He made a mistake who
said that it was 'Urwa; it was in fact the freed slave of 'Azza.)
Chapter 2: PRONOUNCEMENT OF THREE DIVORCES
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Book 009, Number 3491:
Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement)
of three divorces during the lifetime of Allah's Messenger (may peace
be upon him) and that of Abu Bakr and two years of the caliphate of
Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab
(Allah be pleased with him) said: Verily the people have begun to hasten
in the matter in which they are required to observe respite. So if we
had imposed this upon them, and he imposed it upon them.
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Book 009, Number 3492:
Abu Sahba' said toIbn 'Abbas (Allah be pleased with them): Do you know
that three (divorces) were treated as one during the lifetime of Allah's
Apostle (may peace be upon him), and that of Abu Bakr, and during three
(years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas
(Allah be pleased with them) said: Yes.
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Book 009, Number 3493:
Abu al-Sahba' said to Ibn 'Abbas: Enlighten us with your information
whether the three divorces (pronounced at one and the same time) were
not treated as one during the lifetime of Allah's Messenger (may peace
be upon him) and Abu Bakr. He said: It was in fact so, but when during
the caliphate of 'Umar (Allah be pleased with him) people began to pronounce
divorce frequently, he allowed them to do so (to treat pronouncements
of three divorces in a single breath as one).
Chapter 3: ATONEMENT IS ESSENTIAL FOR ONE WHO MADE HIS WIFE UNLAWFUL FOR HIMSELF WITHOUT THE INTENTION OF DIVORCE
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Book 009, Number 3494:
Ibn Abbas (Allah be pleased with them) reported about (declaring of
one's woman) unlawful as an oath which must be atoned, and Ibn 'Abbas
said: Verily, there is in the Messenger of Allah (may peace be upon
him) a model pattern for you.
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Book 009, Number 3495:
Ibn Abbas (Allah be pleased with them) reported: When a man declares
his wife unlawful for himself that is an oath which must be atoned,
and he said: There is in the Messenger of Allah (may peace be upon him)
a noble pattern for you.
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Book 009, Number 3496:
'A'isha (Allah be pleased with her) narrated that Allah's Apostle (may
peace be upon him) used to spend time with Zainab daughter of Jahsh
and drank honey at her house. She ('A'isha further) said: I and Hafsa
agreed that one whom Allah's Apostle (may peace be upon him) would visit
first should say: I notice that you have an odour of the Maghafir (gum
of mimosa). He (the Holy Prophet) visited one of them and she said to
him like this, whereupon he said: I have taken honey in the house of
Zainab bint Jabsh and I will never do it again. It was at this (that
the following verse was revealed): 'Why do you hold to be forbidden
what Allah has made lawful for you... (up to). If you both ('A'isha
and Hafsa) turn to Allah" up to:" And when the Holy Prophet
confided an information to one of his wives" (lxvi. 3). This refers
to his saying: But I have taken honey.
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Book 009, Number 3497:
'A'isha (Allah be pleased with her) reported Allah's Messenger (may
peace be upon him) liked sweet (dish) and honey. After saying the afternoon
prayer he used to visit his wives going close to them. So he went to
Hafsa and stayed with her more than what was his usual stay. I ('A'isha)
asked about that. It was said to me: A woman of her family had sent
her a small vessel of honey as a gift, and she gave to Allah's Messenger
(may peace be upon him) from that a drink. I said: By Allah, we would
also contrive a device for him. I mentioned that to Sauda, and said:
When he (Allah's Apostle) would visit you and draw close to you, say
to him: Allah's Messenger, have you taken maghafir? And he would'say
to you: No. Then say to him: What is this odour? And Allah's Messenger
(may peace be upon him) felt it very much that unpleasant odour should
emit from him. So he would say to you: Hafsa has given me a drink of
honey. Then you should say to him: The honey-bees might have sucked
'Urfut, and I would also say the same to him and. Safiyya, you should
also say this. So when he (the Holy Prophet) came to Sauda, she said:
By Him besides whom there is no god, it was under compulsion that I
had decided to state that which you told me when he would be at a little
distance at the door. So when Allah's Messenger (may peace be upon him)
came near, she said: Messenger of Allah, did you eat Maghafir? He said:
No. She (again) said: Then what is this odour? He said: Hafsa gave me
honey to drink. She said: The honey-bee might have sucked 'Urfut. When
he came to me I told him like this. He then visited Safiyya and she
also said to him like this. When he (again) visited Hafsa, she said:
Messenger of Allah, should I not give you that (drink)? He said: I do
not need that. Sauda said: Hallowed be Allah, by Him we have (contrived)
to make that (honey) unlawful for him. I said to her: Keep quiet. This
hadith has been narrated on the authority of 'Urwa with the same chain
of transmitters.
Chapter 4: MERE GIVING OF OPTION OF DIVORCE TO WOMEN DOES NOT MAKE THE DIVORCE EFFECTIVE, BUT WHEN IT IS REALLY INTENDED
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Book 009, Number 3498:
'A'isha (Allah be pleased with her) reported: When the Messenger of
Allah (may peace be upon him) was commanded to give option to his wives,
he started it from me saying: I am going to mention to you a matter
which you should not (decide) in haste until you have consulted your
parents. She said that he already knew that my parents would never allow
me to seek separation from him She said: Then he said: Allah, the Exalted
and Glorious, said: Prophet, say to thy wives: If you desire this world's
life and its adornment, then come, I will give you a provision and allow
you to depart a goodly departing; and if you desire Allah and His Messenger
and the abode of the Hereafter, then Allah has prepared for the doers
of good among you a great reward She is reported to have said: About
what should I consult my parents, for I desire Allah and His Messenger
and the abode of the Hereafter? She ('A'isha) said: Then all the wives
of Allah's Messenger (may peace be upon him) did as I had done.
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Book 009, Number 3499:
'A'isha (Allah be pleased with her) reported that Allah's Messenger
(may peace be upon him) sought our permission when he had a (turn to
spend) a day with (one of his wives) amongst us (whereas he wanted to
visit his other wives too). It was after this that this verse was revealed:"
Thou mayest put off whom thou pleasest of them, and take for thee whom
thou pleasest" (xxxiii. 5). Mu'adha said to her: What did you say
to Allah's Messenger (may peace be upon him) when he sought your permission?
She said: I used to say: If it had the option in this I would not have
(allowed anyone) to have precedence over me.
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Book 009, Number 3500:
'A'isha reported: Allah's Messenger (may peace be upon him) gave us
the option (to get divorce) but we did not deem it as divorce.
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Book 009, Number 3501:
Masruq reported: I do not mind if I give option to my wife (to get divorce)
once, hundred times, or thousand times after (knowing it) that she has
chosen me (and would never seek divorce). I asked 'A'isha (Allah be
pleased with her) (about it) and she said: Allah's Messenger (may peace
be upon him) gave us the option, but did it imply divorce? (It was in
fact not a divorce; it is effective when women actually avail themselves
of it.)
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Book 009, Number 3502:
'A'isha reported that Allah's Messenger (may peace be upon him) gave
option to his wives, but it was not a divorce.
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Book 009, Number 3503:
'A'isha (Allah be pleased with her) reported: Allah's Messenger (may
peace be upon him) gave us the option (to get divorce) and we chose
him and he did not count it a divorce.
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Book 009, Number 3504:
'A'isha (Allah be pleased with her) reported: Allah's Messeinger (may
peace be upon him) gave us the option (to get divorce), but me made
a choice of him and he did not count anything (as divorce) in regard
to us.
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Book 009, Number 3505:
A hadith like this has been transmitted on the authority of 'A'isha
through another chain of narrators.
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Book 009, Number 3506:
Jabir b. 'Abdullah (Allah be pleased with them) reported: Abu Bakr (Allah
be pleased with him) came and sought permission to see Allah's Messenger
(may peace be upon him). He found people sitting at his door and none
amongst them had been granted permission, but it was granted to Abu
Bakr and he went in. Then came 'Umar and he sought permission and it
was granted to him, and he found Allah's Apostle (may peace be upon
him) sitting sad and silent with his wives around him. He (Hadrat 'Umar)
said: I would say something which would make the Holy Prophet (may peace
be upon him) laugh, so he said: Messenger of Allah, I wish you had seen
(the treatment meted out to) the daughter ofKhadija when you asked me
some money, and I got up and slapped her on her neck. Allah's Messenger
(mav peace be upon him) laughed and said: They are around me as you
see, asking for extra money. Abu Bakr (Allah be pleased with him) then
got up went to 'A'isha (Allah be pleased with her) and slapped her on
the neck, and 'Umar stood up before Hafsa and slapped her saying: You
ask Allah's Messenger (may peace be upon him) which he does not possess.
They said: By Allah, we do not ask Allah's Messenger (may peace be upon
him) for anything he does not possess. Then he withdrew from them for
a month or for twenty-nine days. Then this verse was revealed to him:"
Prophet: Say to thy wives... for a mighty reward" (xxxiii. 28).
He then went first to 'A'isha (Allah be pleased with her) and said:
I want to propound something to you, 'A'isha, but wish no hasty reply
before you consult your parents. She said: Messenger of Allah, what
is that? He (the Holy Prophet) recited to her the verse, whereupon she
said: Is it about you that I should consult my parents, Messenger of
Allah? Nay, I choose Allah, His Messenger, and the Last Abode; but I
ask you not to tell any of your wives what I have said He replied: Not
one of them will ask me without my informing her. God did not send me
to be harsh, or cause harm, but He has sent me to teach and make things
easy.
Chapter 5: ILA'AND KEEPING AWAY FROM THE WIVES
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Book 009, Number 3507:
'Umar b. al-Khattab (Allah be pleased with him) reported: When Allah's
Apostle (may peace be upon him) kept himself away from his wives, I
entered the mosque, and found people striking the ground with pebblesand
saying: Allah's Messenger (may peace be upon him) has divorced his wives,
and that was before they were commanded to observe seclusion 'Umar said
to himself: I must find this (actual position) today. So I went to 'A'isha
(Allah be pleased with her) and said (to her): Daughter of Abu Bakr,
have you gone to the extent of giving trouble to Allah's Messenger (may
peace be upon him)? Thereupon she said: Son of Khattab, you have nothing
to do with me, and I have nothing to do with you. You should look to
your own receptacle. He ('Umar) said: I visited Hafsa daughter of 'Umar,
and said to her: Hafsa, the (news) has reached me that you cause Allah's
Messenger (may peace be upon him) trouble. You know that Allah's Messenger
(may peace be upon him) does not love you, and had I not been (your
father) he would have divorced you. (On hearing this) she wept bitterly.
I said to her: Where is Allah's Messenger (may peace be upon him)? Shesaid:
He is in the attic room. I went in and found Rabah, the servant of Allah's
Messenger (may peace be upon him), sitting on the thresholds of the
window dangling his feet on the hollow wood of the date-palm with the
help of which Allah's Messenger (may peace be upon him) climbed (to
the apartment) and came down. I cried: 0 Rabah, seek permission for
me from Allah's Messenger (way peace be upon him). Rabah cast a glance
at the apartment and then looked toward me but said nothing. I again
said: Rabah, seek permission for me from Allah's Messenger (may peace
be upon him). Rabah looked towards the apartment and then cast a glance
at me, but said nothig. I then raised my voice and said: 0 Rabah, seek
permission for me from Allah's Messenger (may peace be upon him). I
think that Allah's Messenger (may peace be upon him) is under the impression
that I have come for the sake of Hafsa. By Allah, if Allah's Messenger
(may peace be upon him) would command me to strike her neck, I would
certainly strike her neck. I raised my voice and he pointed me to climb
up (and get into his apartment). I visited Allah's Messenger (may peace
be upon him), and he was lying on a mat. I sat down and he drew up his
lower garment over him and he had nothing (else) over him, and that
the mat had left its marks on his sides. I looked with my eyes in the
store room of Allah's Messenger (may peace be upon him). I found only
a handful of barley equal to one sa' and an equal quantity of the leaves
of Mimosa Flava placed in the nook of the cell, and a semi-tanned leather
bag hanging (in one side), and I was moved to tears (on seeing this
extremely austere living of the Holy Piophet), and he said: Ibn Khattab,
what wakes you weep?
I said: Apostle of Allah, why should I not shed tears? This mat has left its marks on your sides and I do not see in your store room (except these few things) that I have seen; Ceasar and Closroes are leading their lives in plenty whereas you are Allah's Messenger. His chosen one, and that is your store! He said: Ibn Khattab, aren't you satisfied that for us (there should be the prosperity) of the Hereafter, and for them (there should be the prosperity of) this world? I said: Yes. And as I had entered I had seen the signs of anger on his face, and I therefore, said: Messenger of Allah, what trouble do you feel from your wives, and if youhave divorced them, verily Allah is with you, His angels, Gabriel, Mika'il, I and Abu Bakr and the believers are with you. And seldom I talked and (which I uttered on that day) I hoped that Allah would testify to my words that I uttered. And so the verse of option (Ayat al-Takhyir) was revealed. Maybe his Lord, if he divorce you, will give him in your place wives better than you..." (Ixv. 5). And if you back up one another against him, then surely Allah is his Patron, and Gabriel and the righteous believers, and the angels after that are the aidera (lvi. 4). And it was 'A'isha, daughter of Abu Bakr, and Hafsa who had prevailed upon all the wives of Allah's Prophet (way peace be upon him) for (pressing them for mote money). I said: Messenger of Allah, have you divorced them? He said: No. I said: Messenger of Allah, I entered the mosque and found the Muslims playing with pebbles (absorbed in thought) and saying: Allah's Messenger has divorced his wives. Should I get down and inform there that you have not divorced them? He said: Yes, if you so like. And I went on talking to him until I (found) the signs of anger disappeared on his face and (his seriousness was changed to a happy mood and as a result thereof) his face had the natural tranquillity upon it and he laughed and his teeth were the most charming (among the teeth) of all people. Then Allah's Apostle (may peace be upon him) climbed down and I also climbed down and catching hold of the wood of the palm-tree and Allah's Messenger (may peace be upon him) came down (with such ease) as if he was walking on the ground, not touching anything with his hand (to get support). I said: Messenger of Allah, you remained in your apartment for twenty-nine days. He said: (At times) the month consists of twenty-nine days. I stood at the door of the mosque and I called out at the top of my voice: The Messenger of Allah (may peace be upon him) has not divorced his wives (and it was on this occasion that this) verse was revealed:" And if any matter pertaining to peace or alarm comes within their ken, they broadcast it; whereas, if they would refer it to the Apostle and those who have been entrusted with authority amongst them, those of them who are engaged in obtaining intelligence would indeed know (what to do with) it" (iv 83). And it was I who understood this matter, and Allah revealed the verse pertaining to option (given to the Holy Prophet (may peace be upon him in regard to the retaining or divorcing of his wives).
--------------------------------------------------------------------------------
Book 009, Number 3508:
Abdullah b. Abbas (Allah be pleased with tlicm) reported: I intended
to ask 'Umar b. al-Khattab (Allah be pleased with him) about a verse,
but I waited for one year to ask him out of his fear, until he went
out for Pilgrimage and I also accompanied him. As he came back and we
were on the way he stepped aside towards an Arak tree to ease himself.
I waited for him until he was free. I then walked along with him and
said: Commander of the Faithful, who are the two among the wives of
Allah's Messenger (may peace be upon him) who backed up one another
(in their demand for extra money)? He said: They were Hafsa and 'A'isha
(Allah be pleased with them). I said to him: It is for one year that
I intended to ask you about this matter but I could not date so on account
of the awe for you. He said: Don't do that. If you think that I have
any knowledge, do ask me about that. And if I were to know that, I would
inform you. He (the narrator) stated that 'Umar had said: By Allah,
during the days of ignorance we had no regard for women until Allah
the Exalt- ed revealed about them what He has revealed, and appointed
(turn) for them what he appointed. He said: It so happened that I was
thinking about some matter that my wife said: I wish you had done that
and that. I said to her: It does not concern you and you should not
feel disturbed in a matter which I intend to do. She said to me: How
strange is it that you, O son of Khattab, do not like anyone to retort
upon you, whereas your daughter retorts upon Allah's Messenger (may
peace be upou him) until he spends the day in vexation. 'Umar said:
I took hold of my cloak, then came out of my house until I visited Hafsa
and said to her: O daughter, (I heard) that you retort upon Allah's
Messenger (may peace be upon him) until he spends the day in vexation,
whereupon Hafsa said: By Allah, we do retort upon him. I said: You should
bear in mind, my daughter, that I warn you against the punishment of
Allah and the wrath of His Messenger (may peace be upon him). You may
not be misled by one whose beauty has fascinated her, and the love of
Allah's Messenger (may peace be upon him) for her. I ('Umar) then visited
Umm Salama because of my relationship with her and I talked to her.
Umm Salama said to me: Umar b. al-Khattab, how strange is it that you
meddle with every matter so much so that you are anxious to interfere
between Allah's Messenger (may peace be upon him) and his wives, and
this perturbed me so much that I refrained from saying what I had to
say, so I came out of her apartment, and I had a friend from the Anar.
When I had been absent (from the company of the Holy Prophet) he used to bring me the news and when he had been absent I used to bring him the news, and at that time we dreaded a king of Ghassan. It was mentioned to us that he intended to attack us, and our minds were haunted by him. My friend, the Ansari, came to me, and he knocked at the door and said: Open it, open it. I said: Has the Ghassani come? He said: (The matter is) more serious than that. The Messenger of Allah (may peace be upon him) has separated himself from his wives. I said: Let the nose of Hafsa and 'A'isha be besmeared with dust. I then took hold of my cloth and went out until I came and found Allah's Messenger (may peace be upon him) in his attic to which he climbed by means of a ladder made of date-palm, and the servant of Allah's Messenger (may peace be upon him) who was black had been sitting at the end of the ladder. I said: This is Umar. So permission was granted to me. I narrated this news to Allah's Messenger (may peace be upon him) and as I narrated the news concerning Umm Salama, Allah's Messenger (may peace be upon him) smiled. He was lying on the mat and there was nothing between him and that (mat), and under his head there was a pillow made of leather and it was stuffed with plam fibres and at his feet were lying a heap of sant tree (acacia niloctica, meant for dyeing) and near his head there was hanging a hide. And I saw the marks of the maton the side of Allah's Messenger (may peace be upon him), and so I wept. He said: What makes you weep? I said: Messenger of Allah, the Khusrau and the Ceasars (spendd their lives in) the midst of (luxuries), whereas you being Allah's Messenger (are leading your life in this poverty). Thereupon Allah's Messenger (may peace be upon him) said: Don't you like that they should have riches of their world, and you have the Hereafter.
--------------------------------------------------------------------------------
Book 009, Number 3509:
Ibn Abbas (Allah be pleased with them) said: I came along with Umar
until we reached Marr al-Zahran (the name of a place), and the rest
of the hadith is the same as narrated by Sulaiman b. Bilal (except with)
the variation (of words) that I said: (What) about these two women?
He said: They were Hafsa and Umm Salama. And he made this addition:
I came to the apartments and in every apartment there was (the noise)
of weeping. And this addition was also made: And he (the Holy Prophet)
had taken an oath of remaining away from them for a month, and when
twenty-nine days had passed, he visited them.
--------------------------------------------------------------------------------
Book 009, Number 3510:
Ibn Abbas (Allah be pleased with them) is reported to have said: I intended
to ask Umar about those two ladies who had pressed for (worldly riches)
during the lifetime of the Holy Prophet (may peace be upon him), and
I kept waiting for one year, but found no suitable opportunity with
him until I happened to accompany him to Mecca. And as he reached Marr
al Zahran he went away to answer the call of nature, and he said (to
me): Bring me a jug of water, and I took that to him. After having answered
the call of nature, as he came back, I began to pour water (over his
hands and feet), and I remembered (this event of separation of Allah's
Apostle [may peace be upon him] from his wives). So I said to him: Commander
of the Faithful, who are the two ladies (who had pressed the Holy Prophet
[may peace be upon him] for providing comforts of life) and I had not
yet finished my talk when he said: They were 'A'isha and Hafsa.
--------------------------------------------------------------------------------
Book 009, Number 3511:
Ibn 'Abbas (Allah be pleased with them) reported. I had always been
anxious to ask 'Umar (Allah be pleased with him) about the two ladies
amongst the wives of Allah's Prophet (may peace be upon Lim) about whom
Allah, the Exalted, said:" If you both turn in repentance to Allah,
then indeed your hearts are inclined (to this)" (Ixvi. 4), until
'Umar (Allah be pleased with him) set out for Hajj and I also went along
with him. And as we were going along a path, 'Umar (Allah be pleased
with hiyn) went aside and I also went aside with him with a jug (of
water). He answered the call of nature, and then came to me and I poured
water over his hands and he performed ablution I said: Commander of
the Faithful, who are the two ladies amongst the wives of Allah's Prophet
(may peace be upon him) about whom Allah, the Exalted and Majestic,
said: 'If you both turn to Allah in repentance, then indeed your heart
are inclined to it"? 'Umar (Allah he pleased with him) said: How
strange is it for you, Ibn 'Abbas! (Zuhri said: By Allah, he disliked
what he asked about, but did not keep it a secret.) He ('Umar) said:
They are Hafsa and 'A'isha; and he then began to narrate the hadith
and said: We were such people among the Quraish who dominated women,
and as we reached Medina we found there people who were dominated by
their women, and our women began to learn (the habits) of their women.
He further said: And my house was situated in the suburb of Aledina
in the tribe of Banu Umayya b. Zaid. One day I became angry with my
wife and she retorted upon me. I did not like that she should retort
upon me. She said: You disapprove of my retorting upon you By Allah,
the wives of Allah's Apostle (may peace be upon him) retort upon him,
and one of them detaches herself from him for the day until the night.
So I ('Umar) went out and visited Hafsa and said: Do you retort upon
Allah's Messenger (may peace be upon him)? She said: Yes. I said; Does
any one of you detach herself from him from the day to the night? She
said: Yes. He said: She who did like it amongst you in fact failed and
incurred loss. Does everyone amongst you not fear the wrath of Allah
upon her due to the wrath of His Messenger (may peace be upon him),
and (as a result thereof) she may perish? So do not retort upon Allah's
Messenger (may peace be upon him) and do not ask him for anything, but
ask me that which you desire, (and the frank behaviour) of your companion
may not mislead you, if she is more graceful and is dearer to Allah's
Messenger (may peace be upon him) than you (meaning 'A'isha) (Allah
be pleased with her).
He (Hadrat 'Umar further) said: I had a compalaion from the Ansar and, we used to remain in the company of the Messenger (may peace be upon him) turn by turn. He remained there for a day while I remained there on the other day, and he brought me the news about the revelation and other (matter), and I brought him (the news) like this. And we discussed that the Ghassanids were shoeing the horses in order to attack us. Id y companion once attended (the Apostle). and then came to me at night and knocked at my door and called me, and I came out to him, and he said: A matter of great importance has happened. I said: What is that? Have the Ghassanids come? He said: No, but even more serious and more significant than that: the Holy Prophet (may peace be upon him) has divorced his wives. I said: Hafsa has failed and has incurred loss. and I feared that it would happen. When it was dawn I observed the dawn prayer and dressed myself, and then came there (in the house of the Holy Prophet) and visited Hafsa, and she was weeping. I said: Has Allah's Messenger (may peace be upon him) divorced you (all)? She said: I do not know. He has, however, separated himself in his attic. I came to a black servant and said to him: Seek permission for 'Umar. He went in and then came to me and said: I made mention of you to him, but he kept quiet. I then went to the pulpit and sat there, and there was a group of people sitting by it and some of then were weeping. I sat there for some time, until I was overpowered (by that very idea) which was in my mind. I then came back to the boy and said to him: Seek permission for Umar. He went in and came to me and said: I made mention of you to him but he kept quiet. I was about to turn back when the boy called me and said: Go in; permission has been granted to you. I went in and greeted Allah's Messenger (may peace be upon him) and he was reclining against the couch of mat and it had left its marks upon his side. I said: Messenger of Allah, have you divorced your wives? He raised his head towards me and said: No. I said: Allah is the Greatest. Messenger of Allah, I wish if you had seen how we the people of Quraish had domination over women but when we came to Medina we found people whom their women dominated. So our women began to learn from their women. One dily I became angry with my wife and she began to retort upon me. I did not approve that she should retort upon me. She said: You do not like that I should retort upon you, but, by Allah. the wives of Allah's Apostle (may peace be upon him) retort upon him and any one of them separates herself from him for a day until night. I said: He who did that amongst them in fact failed and incurred loss. Does any of them feel sate from the wrath of Allahupon her due to the wrath of Allah's Messenger (may peace be upon him), and she has certainly perished. Allah's Messtnger (may peace be upon him) smiled, I said: Messenger of Allah, I visited Hafsa and said: (The behaviour) of your companion ('A'isha) may not mislead you, If she is more graceful than you and is dearer to Allah's Messenger (may peace be upon him) than you.
Allah's Messenger (may peace be upon him) smiled for the second time. I said: Allah's Messenger, way I talk to you about agreeable things? He said: Yes. I sat down and lifted my head (to see things) in the house and, by Allah, I did not see anything significant besides three hides. I said: Messenger of Allah, supplicate the Lord that He should make (life) prosperous for your Ummah as He has made plentiful for the people of Persia and Rome (in spite of the fact) that they do no, worship Allah, the Exalted and Majestic, whereupon he (Allah's Messenger) sat up an I then said: Ibn Khattab, do you doubt that they are a nation whom their nice things have been given immediately in the life of this world. I said: Allah's Messenger! seek pardon for me. And he (Allah's Messenger) had taken an oath that he would not visit them for a month due to extreme annoyance with them until Allah showed His displeasure to him (Allah's Messenger). Zuhri said: 'Urwa informed me that 'A'Isha (Allah be pleased with her) said: When twenty-nine nights were over, Allah's Messenger (may peace be upon him) visited me, and he began (his visit) with me. I said: Messenger of Allah, you had taken an oath that you would not visit us for a month, while you have visited after I have counted only twenty-nine (nights). Thereupon he said: The month may also be of twenty-nine (days). He then said: 'A'isha, I am going to talk to you about a matter, and you should not be hasty in it (and do not give your final decision) until you have consulted your parents. He then recited this verse to me:" O Prophet, say to your wives" till he reached" mighty reward" (xxxiii. 28). 'A'isha (Allah be pleased with her) said: By Allah, he knew that my parents would not allow me to separate from him. I said: Is there any need to consult my parents in this matter? I in fact choose Allah and His Messenger (may peace be upon him) and the abode in the Hereafter. Ma'mar said: Ayyub reported to me that 'A'isha said: Don't inform your wives that I have chosen you, whereupon Allah's Apostle (may peace be upon him) said: Verily Allah has sent me as a conveyer of message, and He has not sent me as a source of hardship (to others). Qatada said:" Saghat qulubukum" means" Your hearts have inclined."
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Chapter 6: THERE IS NO MAINTENANCE ALLOWANCE FOR ONE WHO HAS BEEN GIVEN IRREVOCABLE DIVORCE
--------------------------------------------------------------------------------
Book 009, Number 3512:
Fatima bint Qais reported that Abu 'Amr b. Hafs divorced her absolutely
when he was away from home, and he sent his agent to her with some barley.
She was displeased with him and when he said: I swear by Allah that
you have no claim on us. she went to Allah's Messenger (may peace be
upon him) and mentioned that to him. He said: There is no maintenance
due to you from him, and he commanded her to spend the 'Idda in the
house of Umm Sharik, but then said: That is a woman whom my companions
visit. So better spend this period in the house of Ibn Umm Maktum, for
he is a blind man and yon can put off your garments. And when the 'Idda
is over, inform me. She said: When my period of 'Idda was over, I mentioned
to him that Mu'awiya b. Abu Sufyan and Jahm had sent proposal of marriage
to me, whereupon Allah's Messenger (may peace be upon him) said: As
for Abu Jahm, he does not put down his staff from his shoulder, and
as for Mu'awiya, he is a poor man having no property; marry Usama b.
Zaid. I objected to him, but he again said: Marry Usama; so I married
him. Allah blessed there in and I was envied (by others).
--------------------------------------------------------------------------------
Book 009, Number 3513:
Fatima bint Qais reported that her husband divorced her during the life
time of Allah's Prophet (may peace be upon him) and gave her a meagre
maintenance allowance. When she saw that, she said: By Allah, I will
inform Allah's Messenger (may peace be upon him), and if maintenance
allowance is due to me then I will accept that which will suffice me,
and if it is not due to me, I will not accept anything from him. She
said: I made a mention of that to Allah's Messenger (may peace be upon
him) and he said: There is neither maintenance allowance for you nor
lodging.
--------------------------------------------------------------------------------
Book 009, Number 3514:
Fatima bint Qais reported that her husband al-Makhzulmi divorced her
and refused to pay her maintenance allowance. So she came to Allah's
Messenger (may peace he upon him) and informed him, whereupon he said:
There is no maintenance allowance for you, and you better go to the
house of Ibn Umm Maktum and live with him for he is a blind man and
you can put off your clothes in his house (i. e. you shall not face
much difficulty in observing purdah there).
--------------------------------------------------------------------------------
Book 009, Number 3515:
Abu Salama reported that Fatima bint Qais, the sister of al-Dahhak b.
Qais informed him that Abu Hafs b. Mughira al-Makhzumi divorced her
three times and then he proceeded on to the Yemen. The members of his
family said to her: There is no maintenance allowance due to you from
us. Khalid b. Walid along with a group of persons visited Allah's Messenger
(may peace be upon him) in the house of Maimuna and they said: Abu Hafs
has divorced his wife with three pronouncements; is there any maintenance
allowance due to her? Thereupon Allah's Messenger (may peace be upon
him) said: No maintenance allowance is due to her, but she is required
to spend the 'Idda; and he sent her the message that she should not
be hasty in making a decision about herself and commanded her to move
to the house of Umm Sharik, and then sent her the message that as the
first immigrants (frequently) visit the house of Umm Sharik, she should
better go to the house of Ibn Umm Maktum, the blind, (and further said:
In case you put off your head-dress, he (Ibn Umm Makhtum) will not see
you. So she went to his house, and when the 'Idda was over, Allah's
Messenger (may peace be upon him) married her to Usama b. Zaid b. Haritha.
--------------------------------------------------------------------------------
Book 009, Number 3516:
Fatima bint Qais reported: I had been married to a person from Banu
Makhzum and he divorced me with irrevocable divorce. I sent a message
to his family asking for maintenance allowance, and the rest of the
hadith has been transmitted with a slight change of words.
--------------------------------------------------------------------------------
Book 009, Number 3517:
Fatima bint Qais (Allah be pleased with her) reported that she had been
married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three
pronouncements. She stated that she went to Allah's Messenger (may peace
be upon him) asking him about abandoning that house. He commanded her
to move to the house of Ibn Umm Maktum, the blind. Marwan refused to
testify the divorced woman abandoning her house (before the 'Idda was
over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint
Qais. This hadith has been transmitted through another chain of narrators.
--------------------------------------------------------------------------------
Book 009, Number 3518:
'Ubaidullah b. 'Abdullah b. 'Utba reported that 'Amr b. Hafs b. al-Mughira
set out along with 'Ali b. Abi Talib (Allah be pleased with him) to
the Yemen and sent to his wife the one pronouncement of divorce which
was still left from the (irrevocable) divorce; and he commanded al-Harith
b. Hisham and 'Ayyash b. Abu Rabi'a to give her maintenance allowance.
They said to her: By Allah, there is no maintenance allowance for you,
except in case you are pregnant. She came to Allah's Apostle (may peace
he upon him) and mentioned their opinion to him, whereupon he said:
There is no maintenance allowance for you. Then she sought permission
to move (to another place), and he (the Holy Prophet) permitted her.
She said: Allah's Messenger, where (should I go)? He said: To the house
of Ibn Umm Maktum and, as he is blind, she could put off her garmeqts
in his presence and he would not see her. And when her 'Idda was over.
Allah's Apostle (may peace be upon him) married her to Usama b. Zaid.
Marwan (the governor of Medina) sent Qabisa b. Dhuwaib in order to ask
her about this hadith, and she narrated it to him, whereupon Marwan
said: We have not heard this hadith but from a woman. We would adopt
a safe (path) where we found the people. Fatima said that when these
words of, Marwan were conveyed to her. There is between me and you the
word of Allah, the Exalted and Majestic: Do" not turn them out"
of their houses. She asserted: This is in regard to the revocable divorce
what new (turn can the event take) after three pronouncements (separation
between irrevocable). Why do you say there is no maintenance allowance
for her if she is not pregnant? Then on what ground do you restrain
her?
--------------------------------------------------------------------------------
Book 009, Number 3519:
Sha'bi reported: I visited Fatima bint Qais and asked her about the
verdict of Allah's Messenger (may peace be upon him) about (board and
lodging during the 'Idda) and she said that her husband divorced her
with an irrevocable divorce. She (further. said): I contended with him
before Allah's Messerger (may peace be upon him) about lodging and maintenance
allowance, and she said: He did not provide me with any lodging or maintenance
allowance, and he commanded me to spend the 'Idda in the house of Ibn
Umm Maktum.
--------------------------------------------------------------------------------
Book 009, Number 3520:
A hadith like this has been trarismitted on the authority of Hushaim
through another chain of narrators.
--------------------------------------------------------------------------------
Book 009, Number 3521:
Sha'bi reported: We visited Fitima hint Qais and she served us fresh
dates and a drink of barley flour, and I asked where should a woman
who has been divorced by three pronouncements, spend the period of her
'Idda. She said: My husband divorced me with three pronouncements, and
Allah's Apostle (may peace be upon him) permitted me to spend my 'Idda
period in my family (with my parents).
--------------------------------------------------------------------------------
Book 009, Number 3522:
Fatima bint Qais (Allah be pleased with her) reported from Allah's Messenger
(may peace be upon him) that there is no lodging and maintenance allowance
for a woman who has been given irrevocable divorce.
--------------------------------------------------------------------------------
Book 009, Number 3523:
Fatima bint Qais (Allah be pleased with her) reported: My husband divorced
me with three pronouncements. I decided to move (from his house to another
place). So I came to Allah's Messenger (may peace be upon him), and
he said: Move to the house of your cousin 'Amr b. Umm Maktum and spend
your period of 'Idda there.
--------------------------------------------------------------------------------
Book 009, Number 3524:
Abu Ishaq reported: I was with al-Aswad b. Yazid sitting in the great
mosque, and there was with us al-Sha'bi, and he narrated the narration
of Fatima bint Qais (Allah be pleased with her) that Allah's Messenger
(may peace be upon him) did not make any provision for lodging and maintenance
allowance for her. Al-Aswad caught hold of some pebbles in his fist
and he threw them towards him saying: Woe be to thee, you narrate like
it, whereas Umar said: We cannot abandon the Book of Allah and the Sunnah
of our Apostle (may peace be upon him) for the words of a woman. We
do not know whether she remembers that or she forgets. For her, there
is a provision of lodging and maintenance allowance. Allah, the Exalted
and Majestic, said:" Turn them not from their houses nor should
they themselves go forth unless they commit an open indecency"
(lxv. 1).
--------------------------------------------------------------------------------
Book 009, Number 3525:
A hadith like this has been narrated on the authority of Ishaq with
the same chain of transmitters.
--------------------------------------------------------------------------------
Book 009, Number 3526:
Fatima bint Qais (Allah be pleased with her) reported that her husband
divorced her with three, pronouncements and Allah's Messenger (may peace
be upon him) made no provision for her lodging and maintenance allowance.
She (further said): Allah's Messenger (may peace be upon him) said to
me: When your period of 'Idda is over, inform me. So I informed him.
(By that time) Mu'awiya, Abu Jahm and Usama b. Zaid had given her the
proposal of marriage. Allah's Messenger (may peace be upon him) said:
So far as Mu'awiya is concerned, he is a poor man without any property.
So far as Abu Jahm is concerned, he is a great beater of women, but
Usama b. Zaid... She pointed with her hand (that she did not approve
of the idea of marrying) Usama. But Allah's Messenger (may peace be
upon himn) said: Obedience to Allah and obedience to His Messenger is
better for thee. She said: So I married him, and I became an object
of envy.
--------------------------------------------------------------------------------
Book 009, Number 3527:
Fatima bint Qais (Allah be pleased with her) reported: My husband Abu
'Amr b. Hafs b. al-Mughira sent 'Ayyish b. Abu Rabi'a to me with a divorce,
and he also sent through him five si's of dates and five si's of barley.
I said: Is there no maintenance allowance for me but only this, and
I cannot even spend my 'Idda period in your house? He said: No. She
said: I dressed myself and came to Allah's Messenger (may peace be upon
him). He said: How many pronouncements of divorce have been made for
you? I said: Three. He said what he ('Ayyish b. Abu Rabi'a) had stated
was true. There is no maintenance allowance for you. Spend 'Idda period
in the house of your cousin, Ibn Umm Maktum. He is blind and you can
put off your garment in his presence. And when you have spent your Idda
period, you inform me. She said: Mu'awiya and Abu'l-Jahm (Allah be pleased
with them) were among those who had given me the proposal of marriage.
Thereupon Allah's Apostle (may peace be upon him) said: Mu'awiya is
destitute and in poor condition and Abu'l-Jahm is very harsh with women
(or he beats women, or like that), you should take Usama b. Zaid (as
your husband).
--------------------------------------------------------------------------------
Book 009, Number 3528:
Abu Bakr b. Abu'l-Jahm reported: I and Abu Salama b 'Abd al-Rahman came
to fatima bint Qais (Al! ah be pleased with her) and asked her (about
divorce, etc.). She said: I was the wife of Abu 'Amr b. Hafs b. al-Mughira,
and he set out to join the battle of Najran. The rest of the hadith
is the same, but he made this addition:" She said: I married him
and Allah hornoured me on account of Ibn Zaid and Allah favoured me
because of him."
--------------------------------------------------------------------------------
Book 009, Number 3529:
Abu Bakr reported: I and Abu Salama came to Fatima bint Qais (Allah
be pleased with her) during the time of Ibn Zubair (Allah be pleased
with him) and she narrated to us that her husband gave her an irrevocable
divorce. (The rest of the hadith is the same.)
--------------------------------------------------------------------------------
Book 009, Number 3530:
Fatima bint Qais (Allah be pleased with her) reported: My husband divorced
me with three pronouncements and Allah's Messenger (may peace be upon
him) made no provision for lodging and maintenance allowance.
--------------------------------------------------------------------------------
Book 009, Number 3531:
Hisham reported on the authority of his father that Yahya b. Sa'id b.
al-'As married the daughter of 'Abd al-Rahman b. al-Hakam, and he divorced
her and he turned her out from his house. 'Urwa (Allah be -pleased with
him) criticised this (action) of theirs (the members of the family of
her in-laws). They said: Verily, Fatima too went out (of her in-laws'
house). 'Urwa said: I came to 'A'isha (Allah be pleased with her) and
told her about it and she said: There is no good for Fatima bint Qais
(Allah be pleased with her) in making mention of it.
--------------------------------------------------------------------------------
Book 009, Number 3532:
Fatima bint Qais (Allah be pleased with her) reported that she said:
Allah's Messenger, my husband has divorcee me with three pronouncements
and I am afraid that I may be put to hardship, and so he commanded her
and so she moved (to another house).
--------------------------------------------------------------------------------
Book 009, Number 3533:
'A'isha (Allah be pleased with her) said: It is no good for Fatima to
make mention of it, i. e. her statement:" There is no lodging and
maintenance allowance (for the divorced women)."
--------------------------------------------------------------------------------
Book 009, Number 3534:
Ibn al-Qasim narrated on the authority of his father that 'Urwa b. Zubair
(Allah be pleased with him) said to 'A'isha (Allah be pleased with her):
Didn't you see that such and such daughter of al-Hakam was divorced
by her husband with an irrevocable divorce, and she left (the house
of her husband)? Thereupon 'A'isha (Allah be pleased with her) said:
It was bad that she did. He ( Urwa) said: Have you not heard the words
of Fatima? Thereupon she said: There if no good for her in making mention
of it.
Chapter 7: ONE WHO IS DIVORCED BY THREE PRONOUNCEMENTS OR WHOSE HUSBAND HAS DIED CAN GET OUT OF HER HOUSE FOR A NEED DURING HER PERIOD OF 'IDDA
--------------------------------------------------------------------------------
Book 009, Number 3535:
Jabir b. 'Abdullah (Allah be pleased with them) reported: My maternal
aunt was divorced, and she intended to pluck her dates. A person scolded
her for having come out (during the period of 'Idda). She came to Allah's
Prophet (may peace be upon him.) and he said: Certainly you can pluck
(dates) from your palm trees, for perhaps you may give charity or do
an act of kindness.
Chapter 8: THE PERIOD OF 'IDDA COMES TO AN END WITH THE BIRTH OF THE CHILD
--------------------------------------------------------------------------------
Book 009, Number 3536:
'Ubaidullah b. 'Abdullah b. 'Utba (b. Mas'ud) reported that his father
wrote to Umar b. 'Abdullah b al Arqam al-Zuhri that he would go to Subai'ah
bint al-Hirith al-Aslamiyya (Allah be pleased with her) and ask her
about a verdict from him which Allah's Messenger (may peace be upon
him) gave her when she had asked that from him (in regard to the termination
of 'Idda at the birth of a child) 'Umar b. Abdullah wrote to 'Abdullah
b. 'Utba informing him that Subai'ah had told him that she had been
married to Sa'd b. Khaula and he belonged to the tribe of Amir b. Lu'ayy,
and was one of those who participated in the Battle of Badr, and he
died in the Farewell Pilgrimage and she had been in the family way at
that time. And much time had not elapsed that she gave birth to a child
after his death and when she was free from the effects of childbirth
she embellished herself for those who had to give proposals of marriage.
Abd al-Sunabil b. Ba'kak (from Banu 'Abd al-Dar) came to her and said:
What is this that I see you embellished; perhaps you are inclined to
marry, By Allah, you cannot marry unless four months and ten days (of
'Idda are passed). When he said that. I dressed myself, and as it was
evening I came to Allah's Messenger (may peace be upon him) and asked
him about it, and he gave me a religious verdict that I was allowed
to marry when I had given birth to a child and asked me to marry if
I so liked. Ibn Shihab said: I do not find any harm fur her in marrying
when she has given birth to a child even when she is bleeding (after
the birth of the child) except that her husband should not go near her
until she is purified.
--------------------------------------------------------------------------------
Book 009, Number 3537:
Abu Salama b. 'Abd al-Rahman and Ibn 'Abbas. (Allah be pleased with
them) got together in the house of Abu Huraira (Allah be pleased with
him) and began to discuss about the woman who gave birth to a child
a few nights after the death of her husband. Ibn 'Abbas (Allah be pleased
with then) ) said: Her 'Idda is that period which is longer of the two
(between four months and ten days and the birth of the child, whichever
is longer). AbuSalama, however said: Her period of 'Idda is over (with
the birth of the child), and they were contending with each other over
this issue, whereupon Abu Huraira (Allah be pleased with him) said:
I subscribe (to the view) held by my nephew (i. e. Abu Salama). They
sent Kuraib (the freed slave of Ibn 'Abbas) to Umm Salama to ask her
about it. He came (back) to them and informed them that Umm Salama (Allah
be pleased with her) said that Subai'ah al-Aslamiyya gave birth to a
child after the death of her husband when the few flights (had hardly)
passed and she made mention of that to Allah's Messenger (may peace
be upon him) and he commanded her to marry.
--------------------------------------------------------------------------------
Book 009, Number 3538:
This hadith has been narated with the same chain of transrmitters except
with a small change of words (and that is): They sent him to Umm Salama,
but no mention was made of Kuraib.
Chapter 9: IT IS OBLIGATORY TO ABSTAIN FROM ADORNMENT DURING THE 'IDDA PERIOD, BUT MOURNING BEYOND THREE DAYS IS PROHIBITED
--------------------------------------------------------------------------------
Book 009, Number 3539:
Zainab (bint Abu Salama) (Allah be pleased with her) reported: I went
to Umm Habiba, the wife of Allah's Apostle (may peace be upon him),
when her father Abu Sufyan had died. Umm Habiba sent for a perfume having
yellowness in it or something else like it, and she applied it to a
girl and then rubbed it on her cheeks and then said: By Allah, I need
no perfume but for the fact that I heard Allah's Messenger (may peace
be upon him) say on the pulpit:" It is not permissible for a woman
believing in Allah and the Hereafter to mourn for the dead beyond three
days, but (in case of the death) of the husband it is permissible for
four months and ten days." Zainab said: I then visited Zainab hint
Jahsh (Allah be pleased with her) when her brother died and she sent
for perfume and applied it and then said: By Allah, I don't feel any
need for the perfume but that I heard Allah's Messenger (may peace be
upon him) say on the pulpit:" It is not permissible for a woman
believing in Allah and the Hereafbler to mourn the dead beyond three
days except in case of her husband (for whom she can mourn) for four
months and ten days." Zainab (Allah be pleased with her) said:
I heard my mother Umm Salama (Allah be pleased with her) as saying:
A woman came to Allah's Messenger (may peace be upon him) and said:
Allah's Messenger. I have a daughter whose husband has died and there
has developed some trouble in her eye; should we apply collyrium to
it? Thereupon Allah's Messenger (may peace be upon him) said: No (repeating
it twice or thrice, saying only, NO" all the time). Then he said:
It is only four mouths and ten days, whereas in the preIslamic period
none of you threw away the dung until one year had passed. Humaid said:
I said to Zainab: What is this throwing of dung until a year is passed?
Zainab said: When the husband of a woman died, she went into a hut and
put on her worst clothes, and did not apply perfume or something like
it until a year was over. Then an animal like a donkey, or a goat, or
a bird was brought to her and she rubbed her hand over it, and it so
happened that one on which she rubbed her hand died. She then came out
of her house and she was given dung and she threw it and then she made
use of anything like perfume or something else as she liked.
--------------------------------------------------------------------------------
Book 009, Number 3540:
Zainab bint Umm Salama (Allah be pleased with her) reported that a relative
of Umm Habiba (Allah he pleased with her) died. She sent for a yellow
(perfume) and applied that to her forearm and said: I, am doing it,
for I have heard Allah's Messenger (may peace be upon him) saying: It
is not permissible for a woman believing in Allah and the Hereafter
to mourn beyond three days except the husband (for whom she can mourn)
for four months and ten days, This hadith was narrated by Zainab from
her mother and from Zainab, the wife of Allah's Apostle (may peace be
upon him), or from some other lady from among the wives of the Prophet
(may peace be upon him).
--------------------------------------------------------------------------------
Book 009, Number 3541:
Zainab bint Umm Salama (Allah be pleased with her) reported on the authority
of her mother that a woman lost her husband. (As her eyes were ailing)
they (her kith and kin) entertained fear about her eyes, so they came
to Allah's Apostle (may peace be upon him) and sought permission for
the use of collyrium, whereupon Allah's Messenger (may peace be upon
him) said: One among you used to spend one year in a dungeon dressed
in worst clothes. (And at the end of this period) she threw dung at
the dog which happened to pass that way and then she came out (of her
'Idda). Can't she (wait) even for four months and ten days?
--------------------------------------------------------------------------------
Book 009, Number 3542:
Humaid b. Nafi' narrated two traditions from Umm Salama dealing with
collyrium and the other hadith from the wives of Allah's Prophet (may
peace be upon him) except with this that no mention was made of Zainab.
--------------------------------------------------------------------------------
Book 009, Number 3543:
Zainab bint Abu Salama reported: Umm Salama and Umm Habiba (Allah be
pleased with them) were talking with each other (and saying) that a
woman came to Allah's Messenger (may peace be upon him) and mentioned
to him that her daughter had lost her husband, and her eyes were sore
and she wnted to use collyrium, whereupon Allah's Messenger (may peace
be upon him) said: One among you used to throw dung at the end of a
year, and now (this abstinence from adornment) is only for four months
and ten days.
--------------------------------------------------------------------------------
Book 009, Number 3544:
Zainab bint Abu Salama reported that when the news of the death of Abu
Safyan came to Umm Habiba she sent for yellow (perfume) on the third
day and rubbed it on her forearms and on her cheeks and said: I had
in fact no need of it, but I heard Allah's Messenger (may peace be upon
him) as saying: It is not permissible for the women believing in Allah
and the Hereafter to abstain from adornment beyond three days except
(at the death of) husband (in which case she must abstain from adornment)
for four months and ten days.
--------------------------------------------------------------------------------
Book 009, Number 3545:
Safiyya bint Abu 'Ubaid reported on the authority of Hafsa or 'A'isha
(Allah be pleased with thein) or from both of them that Allah's Messenger
(may peace he upon him) said: It is not permissible for a woman believing
in Allah and the Hereafter (or believing in Allah and His Messenger)
that she should observe mourning for the dead beyond three days except
in case of her husband.
--------------------------------------------------------------------------------
Book 009, Number 3546:
A hadith like this is transmitted on the authority of Nafi'.
--------------------------------------------------------------------------------
Book 009, Number 3547:
Safiyya bint Abu 'Ubaid reported that she heard Hafsa daughter of Umar
(Allah be pleased with them), (and) wife of Allah's Prophet (may peace
be upon him), narrating a hadith like this from Allah's Apostle (may
peace be upon him), and she made this addition:" She should abstain
from adorning herself (in case of the death of her husband) for four
months and ten days."
--------------------------------------------------------------------------------
Book 009, Number 3548:
Safiyya bint Abu 'Ubaid narrated this tradition of Allah's Prophet (may
peace be upon him) on the authority of some wives of Allah's Apostle
(may peace be upon him)
--------------------------------------------------------------------------------
Book 009, Number 3549:
'A'isha (Allah be pleased with her) reported Allah's Messenger (may
peace be upon him) as saying: It is not permissible for a woman believing
in Allah and the Hereafter to observe mourning on the dead for more
than three (days), except in case of her husband.
--------------------------------------------------------------------------------
Book 009, Number 3550:
Umm 'Atiyya (Allah be pleased with her) reported that Allah's Messenger
(may peace be upon him) had said: A woman must not observe mouriaing
for one who had died for more than three (days) except for four months
and ten days in the case of her husband. and she must not wear a dyed
garment except one of the types made of dyed yarn, or apply collyrium,
or touch perfume except a little perfume or incense, when she has been
purified after her courses.
--------------------------------------------------------------------------------
Book 009, Number 3551:
A hadith like this has been narrated on the authority of Hisham with
the same chain of narrators but with a slight variation of words.
--------------------------------------------------------------------------------
Book 009, Number 3552:
Umm 'Atiyya ('Allah be pleased with her) said: We were forbidden to
observe mourning for the dead beyond three days except in the case of
husband (where it is permissible) for four months and ten days, and
(that during this period) we should neither use collyrium nor touch
perfume, nor wear dyed clothes, but concession was given to a woman
when one of us was purified of our courses to make use of a little incense
or scent.
Chapter 10: LI'AN (INVOKING CURSE)
--------------------------------------------------------------------------------
Book 009, Number 3553:
Sahl b. Sa'd al-Sa'idi reported that'Uwaimir al-'Ajlani came to 'Asim
b. 'Adi al-Ansari and said to him. Tell me about a person who finds
a man with his wife; should he kill him, and be killed In retaliation;
or how should he act? 'Asim, ask for me (religious verdict about it)
from Allah's Messenger (may peace be upon him). So 'Asim asked Allah's
Messenger (may peace be upon him) and he did not like this question
and he disapproved of it so much that'Asim felt aggrieved at what he
had heard from Allah's Messenger (may peace be upon him). When 'Asim
came back to his family, 'Uwaimir came to him and said: 'Asim, what
did Allah's Messenger (may peace be upon him) say to you? 'Asim said
to 'Uwaimir: You did not bring something good. Allah's Messenger (may
peace be upon him) did not like this religious verdict that I sought
from him. 'Uwaimir said: By Allah, I will not rest until I have asked
him about it. 'Uwaimir proceeded until he came to Allah's Messenger
(may peace be upon him) as he was sitting amidst people, and said: Messenger
of Allah, tell me about a person who found a man with his wife. Should
he kill him, and then you would kill him, or how should he act? Thereupon
Allah's Messenger (may peace be upon him) said: (Verses) have been revealed
concerning you and your wife; so go and bring her. Sahl said that they
both invoked curses (and further said): I was along with people in the
company of Allah's Messenger (may peace be upon him). And when they
had finished, Uwaimir said: Allah's Messenger, I shall have told a lie
against her if I keep her (now). So he divorced her with three pronouncements
before Allah's Messenger (may peace be upon him) had commanded him.
Ibn Shihab said: Subsequently that was the practice of invokers of curses
(al Mutala'inain)
--------------------------------------------------------------------------------
Book 009, Number 3554:
Sahl b. Sa'd reported.. 'Uwaimir al-Ansari (Allah be pleased with him)
from Banu'l-'Ajlan came to 'Asim b. 'Adi (Allah be pleased with him)
the remaining part of the hadith is the same and it was also reecorded
in it:" And subsequebtly the separation became the practice of
al-Mutala'inain." And this addition was also made:" She was
pregnant and her son was ascribed to her, and it became customary that
such (a son) would inherit her and she would inherit him in the share
prescribed by Allah for her.
--------------------------------------------------------------------------------
Book 009, Number 3555:
Ibn Shihab narrated about the invokers of curses and the practice of
(li'an) based on the authority of Sahl b. Sa'd, of the tribe of Sa'ida.
that a person from the Ansar came to Allah's Apostle (may peace be upon
him) and said: Allah's Messenger, tell me about the person who found
a man with his wife. The remaining part of the hadith is the same (but)
with this addition: They invoked curses in the mosque and I was present
there. And he narrated in the hadith: He divorced her with three pronouncements
before Allah's Messenger (may peace be upon him) commanded him (to get
separation). He separated from her in the presence of Allah's Apostle
(may peace be upon him), whereupon he said: There is a separation between
the invokers of curses.
--------------------------------------------------------------------------------
Book 009, Number 3556:
Sa'id b Jubair reported: I was asked about the invokers of curses during
the reign of Mus'ab (b. Zubair) whether they could separate (themselves
by this process). He said: I did not understand what to say. So I went
to the house of Ibn 'Umar (Allah be pleased with them) in Mecca. I said
to his servant: Seek permission for Me. He said that he (Ibn 'Umar)
had been taking rest. He (Ibn 'Umar) heard my voice. and said: Are you
Ibn Jubair? I said: Yes. He'said: Come in. By Allah, it must be some
(great) need which has brought you here at this Hour. So I got in and
found him lying on a blanket reclining against a pillow stuffed with
fibres of date-palm. I said: O Abu'Abd al-Rahman, should there be separation
between the invokers of curses? He said: Hallowed be Allah, yes, The
first one who asked about it was so and so. he said: Messenger of Allah,
tell me If one of us finds his wife committing adultery: what should
he do? If he talks, that is something great, and if he keeps quiet that
is also (something great) (which he cannot afford to do). Allah's Prophet
(may peace be upon him) kept quiet (or some time). After some time he
(that very person) came to him (Allah's Messenger) and said: I have
been involved in that very cage about which I had asked you Allah the
Exalted and Majestic then revealed (these) verses of Surah Nur:"
Those who accuse their wives" (verse 6), and he (the Holy Prophet)
recited them to him and admonished him, and exhorted him and informed
him that the torment of the world is less painful than the torment of
the Hereafter. He said: No, by Him Who sent you with Truth, I did not
tell a lie against her. He (the Holy Prophet) then called her (the wife
of that person who had accused her) and admonished her, and exhorted
her, and informed her that the torment of this world is less painful
than the torment of the Hereafter. She said: No, by Him Who sent thee
with Truth, he is a liar. (it was) the man who started the swearing
of oath and he swore in the name of Allah four times that he was among
the truthful. and at the fifth turn he said: Let there be curse of Allah
upon him if he were among the liars. Then the woman was called and she
swore four times in the name of Allah that he (her husband) was among
the liars, and at the fifth time (she said): Let there be curse upon
her if he were among the truthful. He (the Holy Prophet) then effected
separation between the two. A hadith like this is narrated by Ibn Numair
with a slight variation of words.
--------------------------------------------------------------------------------
Book 009, Number 3557:
Ibn Umar (Allah be pleased with them) reported Allah's Messenger (may
peace be upon him) saying to the invokers of curse: Your account is
with Allah. One of you must be a liar. You have now no right over this
woman. He said: Messenger of Allah, what about my wealth (dower that
I paid her at the time of marriage)? He said: You have no claim to wealth.
If you tell the truth, it (dower) is the recompense for your having
had the right to intercourse with her, and if you tell a lie against
her, it is still more remote from you than she is. Zuhair said in his
narration: Sufyan reported to us on the authority of 'Amr that he had
heard Sa'id b Jubair saying: I heard Ibn Umar (Allah be pleased with
them) saying that Allah's Messenger (may peace be upon him) had said
it.
--------------------------------------------------------------------------------
Book 009, Number 3558:
Ibn 'Umar (Allah be pleased with them) said that Allah's Messenger (may
peace be upon him) effected separation between the two members of Banu
al-'Ajlan, and said: Allah knows that one of you is a liar. Is there
one to repent among you?
--------------------------------------------------------------------------------
Book 009, Number 3559:
Sa'id b. Jubair reported: I asked Ibn 'Umar (Allah be pleased with them)
about invoking curse (li'an), and he narrated Similarly from Allah's
Apostle (may peace be upon him).
--------------------------------------------------------------------------------
Book 009, Number 3560:
Sa'id b. Jubair reported that Mus'ab b. Zubair did not effect separation
between the Mutala'inain (invokers of curses). Sa'id said: It was mentioned
to 'Abdullah b. Umar (Allah be pleased with them) and he said: Allah's
Apostle (may peace be upon him) effected separation between the two
members of Banu al-'Ajlan.
--------------------------------------------------------------------------------
Book 009, Number 3561:
Nafi' reported on the authority of Ibn Umar (Allah be pleased with them)
that a person invoked curse on the wife during the lifetime of Allah
s Messenger (may peace be upon him), so he effected separation between
them and traced the lineage of the son to his mother.
--------------------------------------------------------------------------------
Book 009, Number 3562:
Ibn 'Umar (Allah be pleased with them) reported: Allah's Messenger (may
peace be upon him) asked a person from the Anger and his wife to invoke
curse (upon one another in order to testify to their truthfulness),
and then effected separation between them.
--------------------------------------------------------------------------------
Book 009, Number 3563:
A hadith like this has been narrated on the authority of 'Ubaidulah
with the same chain of transmitters.
--------------------------------------------------------------------------------
Book 009, Number 3564:
'Abdullah reported: We were on the night of Friday staying in the mosque
when a person from the Ansar came there and said: If a person finds
hiswoman along with a man, and he speaks about it, you would lash him,
and if he kills, you will kill him, and if he keeps quiet he shall have
to consume anger. By Allah, I will definitely ask about him from Allah's
Mescenger (may peace be upon him). On the following day he came to Allah's
Messenger (may peace be upon him) and asked him thus: If a man were
to find with his wife a man and if he were to talk about it, you would
lash him; and if he killed, you would kill him, and if he were to keep
quiet. he would consume anger, whereupon he (the Holy Prophet) said:
Allah, solve (this problem), and he began to supplicate (before Him),
and then the verses pertaining to li'an were revealed:" Those who
accuse their wives and have no witnesses except themselves" (xxiv.
6). The person was then put to test according to these verses in the
presence of the people. There came he and his wife in the presence of
Allah's Messenger (may peace be upon him), and they invoked curses (in
order to testify their claim). The man swore four times in the name
of Allah that he was one of the truthful and then invoked curse for
the fifth time saying: Let there be curse of Allah upon him if he were
among the liars. Then she began to invoke curse. Allah's Messenger (may
peace be upon him) said to her: just wait (and curse after considering
over it), but she refused and invoked curse and when she turned away,
he (Allah's Apostle) said: It seems that this woman shall give birth
to a curly-haired black child, And so she did gave birth to a curly-haired
black child.
--------------------------------------------------------------------------------
Book 009, Number 3565:
A hadith like this is narrated on the authority of A'mash.
--------------------------------------------------------------------------------
Book 009, Number 3566:
Muhammad (one of the narrators) reported: I asked Anas b. Malik (Allah
be pleased with him) knowing that he had a knowledge of (the case of
li'an). He said: Hilal b. Umayya (Allah be pleased with him) accused
his wife with the charge of fornication with Sharik b. Sahma, the brother
of al-Bara'b Malik from the side of his mother. And he was the first
person who invoked curse (li'an) in Islam. He in fact invoked curse
upon her. Allah's Messenger (may peace be upon him) said: See to her
if she gives birth to a white-complexioned child having dark hair and
bright eyes; he must be the son of Hilal b. Umayya; and if she gives
birth to a child with dark eyelids, curly hair and lean shanks, he must
be the offspring of Sharik b. Sahma. He said: I was informed that she
gave birth to a child having dark eyelids, curly hair and lean shanks.
--------------------------------------------------------------------------------
Book 009, Number 3567:
Ibn Abbas (Allah be pleased with them) reported: Mention was made of
li'an in the presence of Allah's Messenger (may peace be upon him).
And Asim b. 'Adi passed a remark about it and then turned away, and
a man of his tribe came to him complaining that he had found a man with
his wife, whereupon 'Asim said: I have been taken by my words. He took
him to Allah's Messenger (may peace be upon him) and told him about
the man whom he had found with his wife and this man was a lean, yellow-coloured
man with lank hair, and the person who was accused of committing adultery
with her (his wife) had fleshy shanks, with wheat complexion and heavy
bulk. Allah's Messenger (may peace be upon him) said: O Allah, make
(this case) manifest. And as she gave birth to a child, whose face resembled
that person about whom her husband had made mention that he had found
her with, and Allah's Messenger (may peace be, upon him) had asked them
to invoke curses. A person said to Ibn 'Abbas (Allah be pleased with
him): Is she (that woman) about whom Allah's Messenger (may peace be
upen him) (said):" If I were to stone anybody without evidence,
I would have stoned her"? Ibn 'Abbas (Allah be pleased with him)
said: No, it is not she. That woman was one who openly spread evil in
society. This hadith has been narrated on the authority of Ibn 'Abbas
(Allah be pleased with them) through another chain of transmitters with
the addition of these words: 'With flesh, and curly tangled hair."
--------------------------------------------------------------------------------
Book 009, Number 3568:
'Abdullah b Shaddad reported that mention was made about the invokers
of curses before Ibn 'Abbas (Allah be pleased with them). Ibn Shaddad
said: Are these the two about whom Allah's Apostle (clay peace be upon
him) said." If I were to stone one without evidence, I would have
definitely stoned her"? Ibn Abbas (Allah be pleased with them)
said: She is not this woman; but she is the one who (committed adultery)
openly.
--------------------------------------------------------------------------------
Book 009, Number 3569:
Abu Huraira (Allah be pleased with him) reported that Sa'd b. 'Ubada
al-Ansari said: Messenger of Allah, tell the if a man finds his wife
with another person, should he kill him? Allah's Messenger (may peace
be upon him) said: No. Sa'd said: Why not? I swear by Him Who has honoured
you with Truth. There upon Allah's Messenger (may peace be upon him)
said: Listen to what your chief says.
--------------------------------------------------------------------------------
Book 009, Number 3570:
Abu Huraira (Allah be pleased with him) reported that Sa'd b. Ubada
(Allah be pleased with him) said: Messenger of Allah, if I were to find
with my wife a man, should I wait until I bring four witnesses? He said:
Yes.
--------------------------------------------------------------------------------
Book 009, Number 3571:
Abu Huraira (Allah be pleased with him) reported that Sa'd b. Ubada
(Allah be pleased with him) said: Messenger of Allah, if I were to find
with my wife a man, should I not touch him before bringing four witnesses?
Allah's Messenger (may peace be upon him) said: Yes. He said: By no
means. By Him Who has sent you with the Truth, I would hasten with my
sword to him before that. Allah's Messenger (may peace be upon him)
said: Listen to what your chief says. He is jealous of his honour, I
am more jealous than he (is) and God is more jealous than I.
--------------------------------------------------------------------------------
Book 009, Number 3572:
AI-Mughira b. Shu'ba (Allah be pleased with him) reported that Sa'd
b. 'Ubada (Allah be pleased with him) said: If I were to see a man with
my wife, I would have struck him with the sword, and not with the flat
part (side) of it. When Allah's Messenger (may peace be upon him) heard
of that, he said: Are you surprised at Sa'd's jealousy of his honour?
By Allah, I am more jealous of my honour than he, and Allah is more
jealous than I. Because of His jealousy Allah has prohibited abomination,
both open and secret And no person is more jealous of his honour than
Allah, and no persons, is more fond of accepting an excuse than Allah,
on account of which He has sent messengers, announcers of glad tidings
and warners; and no one is more fond of praise than Allah on account
of which Allah has promised Paradise.
--------------------------------------------------------------------------------
Book 009, Number 3573:
A hadith like this has been transmitted on the authority, of 'Abd al-Malik
b. Umair with the same chain of narraters but with a slight change of
words.
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Book 009, Number 3574:
Abu Huraira (Allah be pleased with him) reported: There came a person
to the Holy Prophet (may peace he upon him) ) from Banu Fazara and said:
My wife has given birth to a child who is black, whereupon Allah's Apostle
(may peace be upon him) said: Have you any camels? He said: Yes. He
again said: What is this colour? He said: They are red. He said: Is
there a dusky one among them? He said: Yes, there are dusky ones among
them He said: How has it come about? He said: It is perhaps the strain
to which it has reverted, whereupon he (the Holy Prophet) said: It is
perhaps the strain to which he (the child) has reverted.
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Book 009, Number 3575:
This hadith has been narrated on the authority of Zuhri with the same
chain of transmitters. In the hadith transmitted on the authority of
Ma'mar, the (words are):" Messenger of Allah, my wife has given
birth to a dark-complexioned boy, and he at that time was intending
to disown him." And this addition has been made at the end of the
hadith:" He (the Holy Prophet) did not permit him to disown him."
--------------------------------------------------------------------------------
Book 009, Number 3576:
Abu Huraira (Allah be pleased with him) reported: A desert Arab came
to Allah's Messenger (may peace be upon him) and said: My wife has given
birth to a dark-complexioned child and I have disowned him. Thereupon
Allah's Apostle (may peace be upon him) said: Have you any camels? He
said: Yes. He said: What is their colour? He said? They are red. He
said: Is there anyone dusky among them? He said: Yes. Allah's Messenger
(may peace be upon him) said: How has it come about? He said: Messenger
of Allah, it is perhaps due to the strain to which it has reverted,
whereupon the Holy Prophet (may peace be upon him) said: It (the birth)
of the black child may be due to the strain to which he (the child)
might have reverted.
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Book 009, Number 3577:
A hadith like this has been narrated on the authority of Abu Huraira
(Allah be pleased with him) through another chain of transmitters.
Chapter 11: EMANCIPATING A SLAVE
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Book 009, Number 3578:
Ibn Umar (Allah be pleased with them) reported Allah's Messenger may
peace be upon him) as saying: If anyone emancipates his share ina slave
and has enough money to pay the full price for him, a fair price for
the slave should be fixed, his partners given their shares, and the
slave be thus emancipated, otherwise he is emancipated only to the extent
of the first man's share.
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Book 009, Number 3579:
This hadith has been reported on the authority of Ibn 'Umar through
another chain of transmitters.
--------------------------------------------------------------------------------
Book 009, Number 3580:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may
peace be upon him) as saying: The slave who is jointly owned by two
persons, and is emancipated by one of them, (this one) has liability
(upon him to secure complete freedom for that slave).
--------------------------------------------------------------------------------
Book 009, Number 3581:
Abu Huraira (Allah be pleased witli him) reported Allah's Prophet (may
peace be upon him) as saying: If anyone emancipates a share in a slave,
he is to be completely emancipated if he has money; but if he has none,
the slave will be required to work to pay for his freedom, but must
not be over-burhened.
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Book 009, Number 3582:
This hadith has been narrated on the authority of Sa'id b. Abu 'Aruba
with the same chain of transmitters but with the addition:" If
he (one of the joint owners emancipating the slave) has not (enough)
money (to secure freedom for the other half) a fair price for the slave
should be fixed, and he will be required to work to pay for his freedom,
but must not be over-burdened.
--------------------------------------------------------------------------------
Book 009, Number 3583:
A hadith like this is reported on the authority of the same chain of
transmitters but with a slight change of words.
Chapter 12: THE RIGHT OF INHERITANCE OF PROPERTY VESTS WITH ONE WHO EMANCIPATES THE SLAVE
--------------------------------------------------------------------------------
Book 009, Number 3584:
Ibn Umar reported that 'A'isha decided to buy a slave-girl and then
set her free, but her masters said: We are prepared to sell her to you
on the condition that her right of inheritance would vest with you.
She (Hadrat A'isha) made a mention of that to Allah's Messenger (may
peace be upon him) whereupon he said: This should not stand in your
way. The right of inheritance vests in one who emancipates.
--------------------------------------------------------------------------------
Book 009, Number 3585:
'A'isha (Allah be pjeased with her) reported that Barira came to her
in order to seek her help in securing freedom, but she had (so far)
paid nothing out of that sum stipulated in the contract. 'A'isba said
to her. Go to your family (who owns you), and if they like that I should
pay the amount (of the contract) on your behalf (for purchasing your
freedom), then I shall have the right in your inheritance. (If they
accepted it) I am prepared (to make this payment). Barira made a mention
of that to the (members of) her family, but they refused and said: If
she (Hadrat 'A'isha) wants to do good to You for the sake of Allah,
she may do it, but the right of inheritance will be ours. She (Hadrat
'A'isha) made a mention of that to Allah's Messenger (may peace be upon
him), and he said to her: Buy her, and emancipate her, for the right
of inheritance vests with one who emancipates (the slave). Allah's Messenger,
may peace be upon him) then stood up and said: What has happened to
the people that they lay down conditions which are not (found) in the
Book of Allah? And he who laid down a condition not found in the Book
of Allah, that is not valid. even if it is laid down hundred times.
The condition laid down by Allah is the most weighty and the most valid.
--------------------------------------------------------------------------------
Book 009, Number 3586:
'A'isha, the wife of Allah's Apostle (may peace be upon him), reported:
Barira came to me and said: 'A'isha, I have entered into contract for
securing freedom with my family (who owns me) for nine 'uqiyas (of silver),
one 'uqiya every year The rest of the hadith is the same (but with this
addition):" This (the problem of the right of inheritance) should
not stand in your way. Buy her, and set her free. He said in a hadith:
Allah's Messenger (may peace be upon him) stood up among men, extolled
Allah, praised Him, and then said:" for......"
--------------------------------------------------------------------------------
Book 009, Number 3587:
'A'isha (Allah be pleased with her) reported: Barira came to me and
said: My family (owners) have made contract with me (for granting freedom)
for nine 'uqiyas (of silver) payable in nine years, one 'uqiya every
year. Help me (in making this payment). I said to her: If your family
so desires, I am prepared to make them the full payment in one instalment,
and thus secure freedom for you, but the right of inheritance will vest
in me, if I do so. She (Barira) made a mention of that to her family,
but they refused (except) on the condition that the right of inheritance
would vest in them. She came to me and made mention of if She ('A'isha)
said: I scolded her. She (Barira) said: By Allah, it is not possible
(they will never agree to it). And as she was saying it, Allah's messenger
(may peace be upon him) heard, and he asked me, I informed him and he
said: Buy her and emancipate her, and let the right of inherit- ance
vest in them, for they cannot claim it (rightfully) since the right
of inherritance vests with one who emancipates (the slave; therefore,
these people have no right to lay such false claims). And I did so.
She ('A'isha) said: Then Allah's Messenger (may peace be upon him) delivered
a sermon in the evening. He extolled Allah and praised Him with what
He deserves, and then said afterwards,: What has happened to the people
that they lay down conditions which are not found in the Book of Allah?
And the condition which is not found in the Book of Allah is invalid,
even if its number is one hundred. The Book of Allah is more true (than
any other deed) and the condition laid down by Allah is more binding
(than any other condition). What has happened to the people among you
that someone among you says:" Emancipate so and so, but the right
of inheritance vests in me"? Verily, the right of inheritance vests
in one who emancipates.
--------------------------------------------------------------------------------
Book 009, Number 3588:
Hisham b. 'Urwa narrated a hadith like this with the same chain of trans-
mitters except (with this change) that in the hadith transmitted on
the authority of jartr (the words are): Her (Barira's) husband was a
slave, so Allah's Messenger (may peace be upon him) gave her the option
(either to retain her matrimonial relation with her husband or sever
it off). She opted to break off (and secure freedom for her even from
the matrimonial alliance). And if he were free he would not have given
her the option. In the hadith narrated on the authority (of this chain
of transmitters) these words are not found: Amma ba'du.
--------------------------------------------------------------------------------
Book 009, Number 3589:
'Abd al-Rahman b. al. Qasim reported on the authority of his father:
'A'isha (Allah be pleased with her) said: There were three issues which
were clarified in case of Barira: her owners had decided to sell her
on the condition that the right of her inheritance would vest with them.
She ('A'isha) said: I made a mention of that to Allah's Apostle (may
peace be upon him) and he said: Buy her and emancipate her, for verily
the right of inheritance vests with one who emancipates. She said that
she emancipated (her) and Allah's Messenger (may peace be upon him)
gave her the option (either to retain her matrimonial alliance or break
it after emancipation). She (taking advantage of the option) opted for
herself (the severing of matrimonial alliance). 'A'isha said: The people
used to give her charity and she gave us that as gift. I made a mention
of it to Allah's Apostle (may peace be upon him), whereupon he said:
That is charity for her but gift for you, so take that.
--------------------------------------------------------------------------------
Book 009, Number 3590:
'A'isha (Allah's be pleased with her) reported that she had bought Barira
from the people of Ansar, but they laid down the condition that the
right of inheritance (would vest in them), whereupon Allah's Messenger
(may peace be upon him) said: The right of inheritance vests with one
who shows favour (who emancipates) and Allah's Messenger (may peacebe
upon him) gave her the choice (either to retain) her matrimonial alliance
or break it). Her husband was a slave. She (Barira also) gave 'A'isha
some meat as gift. Allah's Messenger (may peace be upon him) said: I
wish you could prepare (cook) for us out of this meat. 'A'isha said,
It has been given as charity to Barira, whereupon he said: That is charity
for her and gift for us.
--------------------------------------------------------------------------------
Book 009, Number 3591:
'A'isha (Allah be pleased with her) reported: She wanted to buy Barira
with a view to emancipating her. They (the sellers) laid down the condition
that the right of inheritance would vest (with them). She (Hadrat 'A'isha)
made a mention of that to Allah's Messenger (may peace be upon him),
whereupon he said: Buy her and emancipate her for the right of inheritance
vests with one who emancipates. Allah's Messenger (may peace be upon
him) was given meat as gift. They (his Companions) said to Allah's Apostle
(may peace be upon him): This was given as charity to Barira, whereupon
he said: That is charity for her but gift for us. And she was given
option (to retain her matrimonial alliance or to break it). Abd al-Rahman
said: Her husband was a free man. Shu'ba said: I then asked him (one
of the narrators) about Barira's husband (whether he had been a free
mart or a slave), whereupon he said: I do not know.
--------------------------------------------------------------------------------
Book 009, Number 3592:
This hadith has been narrated on the authority of Shu'ba with the same
chain of transmitters.
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Book 009, Number 3593:
'A'isha reported that the husband of Barira was a slave.
--------------------------------------------------------------------------------
Book 009, Number 3594:
'A'isha (Allah be pleased with her). the wife of Allah's Apostle (may
Peace be upon him) said: Three are the Sunan (usages) (that we came
to know in case of Bairara). She was given option in regard to her husband
when she was emancipated. Sbe was given meat as charity. Allah's Messenger
(way peace be upon him) visited me when an earthen pot with meat in
it was placed on the fire. He asked for food and be was given bread
with ordinary meat (usually cooked in the) house. Thereupon he (Allah's
Messenger) said: Don't I see the earthen pot on fire with meat in it?
They said: Yes. Allah's Messenger, there is meat in it which was given
as charity to Barira. We did not deem it advisable that we should give
you that to eat, whereupon he said: It is charity for her, but it is
gift for us. Allah's Apostle (may peace be upon him) also said: The
right of inheritance vests with one who emancipates.
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Book 009, Number 3595:
Abu Huraira (Allah be pleased with him) reported: 'A'isha (Allah be
pleated with her) thought of buying a slave-girl and emancipating her,
but her owners refused to (sell her but on the condition) that the right
of inheritance would vest in them. She made a mention of that to Allah's
Messenger (may peace be upon him). whereupon he said: Let this (condition)
not stand in your way for the right of inheritance vests with one who
emancipates.
Chapter 13: IT IS FORBIDDEN TO SELL AL-WALA' (THE RIGHT OF INHERITANCE OF A SLAVE) AND ITS CONFERRING ON OTHERS
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Book 009, Number 3596:
Ibn Umar (Allah be pleased with them) reported that Allah's Messenger
(may peace he upon him) forbade the selling and making a gift of the
right of inheritance of a slave. Imam Muslim said: All the persons depend
upon Abdullah b. Dinar in regard to this hadith.
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Book 009, Number 3597:
This hadith has been narrated on the authority of Ibn 'Umar (Allah be
pleased with them) through another chain of transmitters but with this
change that in tba hadith narrated by al-Thaqafi from Ubaidullah there
is only a mention of selling (or right of inheritance, al-Wala' ) but
not that of making a gift.
Chapter 14: IT IS FORBIDDEN FOR A SLAVE TO TAKE ANYONE AS HIS ALLY EXCEPT ONE WHO EMANCIPATES HIM
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Book 009, Number 3598:
Jabir b. Abdullah (Allah be pleased with them) reported that Allah's
Apostle (may peace be upon him) made it obligatory for every tribe (the
payment) of blood-wit; he then also made it explicit that it is not
permissible for a Muslim to make himself the ally (of the slave emancipated
by another) Muslim without his permission. He (the narrator further
added): I was informed that he (the Holy Prophet) cursed the one who
did that (and it was recorded) in his Sahifa (in a document).
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Book 009, Number 3599:
Abu Huraira (Allah be pleased with him) reported that Allah's Messenger
(may peace be upon him) said: He who takes anyone as his ally without
the consent of his previous master, there will be the curse of Allah
and that of His angels upon him, and neither, any obligatory act of
his nor the supererogatory one will be accepted (by Allah).
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Book 009, Number 3600:
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may
peace be upon him) as saying: He who took the freed slave as his ally
without the consent of his previous master, there is upon him the curse
of Allah and that of His angels and that of the whole mankind, and there
will not be accepted from him his obligatory acts or supercrogatory
acts on the Day of Resurrection. This hadith is narrated through the
same chain of transmitters, but with a slight change of words.
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Book 009, Number 3601:
Ibrahim al-Taimi reported on the authority of his father: 'Ali b. Abu
Talib (Allah be pleased with him) addressed us and said: He who thinks
that we (the members of the Prophet's family) read anything else besides
the Book of Allah and this Sahifa (and he said that Sahifa was tied
to the scabbard of the sword) tells a lie. (This Sahifa) contains (problems)
pertaining to the ages of the camels and (the recompense) of the injuries,
and it also records the words of the Prophet (may peace be upon him):
Medina is a sacred territory from 'Ayr to Thaur (it is most probably
Uhud). He who innovates (an act or practice) or gives protection to
an innovator, there is a curse of Allah and that of His angels and that
of the whole humanity upon him. Allah will not accdpt from him (as a
recompense) any obligatory act or supererogatory act, and the responsibility
of the Muslims is a joint responsibility; even the lowest in rank can
undertake the responsibility (on behalf of others), and he who claims
anyone else as his father besides his own father or makes one his ally
other than the one (who freed him), there is a curse of Allah. that
of His angels and that of the wholemankind upon him. Allah will not
accept the obligatory act of the supererogatery act (as a recompense)
from him.
Chapter 15: EXCELENCE OF EMANCIPATING A SLAVE
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Book 009, Number 3602:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may
peace be upon him) as saying: If anyone emancipates a Muslim slave,
Allah will set free from Hell an organ of his body for every organ of
his (slave's) body.
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Book 009, Number 3603:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may
peace benpon him) as saying: He who emancipates a slave, Allah will
set free from Hell every limb (of his body) for every limb of his (slave's)
body, even his private parts.
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Book 009, Number 3604:
Abu Huraira (Allah be pleased with him) reported: I heard Allah's Messenger
(may peace be upon him) as saying: He who emancipates a believing slave.
Allah will set free from Fire his every limb for every limb of his (slave's),
even his private parts for his.
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Book 009, Number 3605:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may
peace be upon him) as saying: A Muslim who emancipates a Muslim (slave).
Allah will save from Fire every limb of his for every limb (of the slave).
Sa'id b. Marjana said: When I heard this hadith from Abu Huraira (Allah
be pleased with him), I went away and made a mention of it to 'Ali b.
Husain and he at once emancipated the slave for which Ibn ja'far was
prepared to pay ten thousand dirhams or one thousand dinars.
Chapter 16: EXCELLENCE OF SECURING THE EMANCIPATION OF FATHER
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Book 009, Number 3606:
Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may
peace be upon him) as saying: A son does not repay what he owes his
father unless he buys him (the father) in case he is a slave and then
emancipates him. In the narration transmitted by Ibn Abu Shaiba there
is a slight change of words.
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Book 009, Number 3607:
A hadith like this has been narrated on the authority of Suhail with
the same chain of transmitters.
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