Divorce (Kitab Al-Talaq)

Qatadah reported on the authority of Al Hasan the uttering of the words “Your matter is in your hand” amounts to three pronouncements of divorce.

Nafi' bun Ujair bin Abd Yazid bin Ruknah reported Ruknah bin ‘Abd Yazid divorced his wife Suhaimah absolutely. The Prophet (ﷺ) was informed about this matter. He said to him (the Prophet) I swear by Allaah that I meant it to be only a single utterance of divorce. The Apostle of Allaah(ﷺ) said “I swear by Allaah that I meant it to be only a single divorce. The Apostle of Allaah(ﷺ) restored her to him, Then he divorced her the second time in the time of ‘Umar and the third time of ‘Uthman.Abu Dawud said “This tradition contains the words of Ibrahim in its beginning and the words of Ibn Al Sarh in the end.

The tradition mentioned above has also been transmitted by Rukanah bin Yazid from the Prophet (ﷺ) through a different chain of narrators.

'Ali b. Yazid b. Rukanah reported on the authority of his father from his grandfather that he (Rukanah) divorced his wife absolutely; so he came to the Messenger of Allah (ﷺ). He asked (him): What did you intend? He said: A single utterance of divorce. He said: Do you swear by Allah? He replied: I swear by Allah. He said: It stands as you intended.Abu Dawud said: This tradition is sounder than that of Ibn Juraij that Rukanah divorced his wife by three pronouncements, for they are the members of his family and they are more aware for him. The tradition of Ibn Juraij has been narrated by some children of Abu Rafi' from 'Ikrimah on the authority of Ibn 'Abbas.

Abu Hurairah reported the Prophet (ﷺ) as saying “Allah has ignored for my community what comes to their mind, so long as they do not act or pronounce words to that effect.”

Narrated Tamimah al-Hujayni: A man said to his wife: O my younger sister! The Messenger of Allah (ﷺ)said: Is she your sister? He (the Prophet disliked it and prohibited saying so.

Abu Tamimah reported from a man of his tribe “The Prophet (ﷺ) heard a man say his wife “O my younger sister! So he prohibited him (addressing his wife in this manner)Abu Dawud said “This tradition has also been transmitted by ‘Abd Al Aziz bin Al Mukhtar from Khalid from Abu ‘Uthman from Abu Thamimah from the Prophet (ﷺ). This has also been narrated by Shu’bah from Khalid from a man on the authority of Abu Thamimah from the Prophet (ﷺ).

Abu Hurairah reported the Prophet(ﷺ) as saying Abraham(peace be upon him) never told a lie except on three occasions twice for the sake of Allaah. Allaah quoted his words (in the Qur’an) “I am indeed sick” and “Nay, this was done by - this is their biggest one”. Once he was passing through the land of a tyrant (king). He stayed there in a place. People went to the tyrant and informed him saying “A man has come down here; he has a most beautiful woman with him.” So he sent for him (Abraham) and asked about her. He said she is my sister. When he returned to her, he said “he asked me about you and I informed him that you were my sister. Today there is no believer except me and you. You are my sister in the Book of Allaah (i.e., sister in faith). So do not belie me before him. The narrator then narrated the rest of the tradition.Abu Dawud said “A similar tradition has also been narrated by Shu’aib bin Abi Hamza from Abi Al Zinad from Al A’raj on the authority of Abu Hurairah from the Prophet (ﷺ).

Narrated Salamah ibn Sakhr al-Bayadi: I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter. I said: Go along with me to the Messenger of Allah (ﷺ). They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter. He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you. He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck. He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting. He said: Feed sixty poor people with a wasq of dates. I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house. He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (ﷺ) prosperity and good opinion. He has commanded me to give alms to you. Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

Narrated Khuwaylah, daughter of Malik ibn Tha'labah: My husband, Aws ibn as-Samit, pronounced the words: You are like my mother. So I came to the Messenger of Allah (ﷺ), complaining to him about my husband. The Messenger of Allah (ﷺ) disputed with me and said: Remain dutiful to Allah; he is your cousin. I continued (complaining) until the Qur'anic verse came down: "Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband..." [58:1] till the prescription of expiation. He then said: He should set free a slave. She said: He cannot afford it. He said: He should fast for two consecutive months. She said: Messenger of Allah, he is an old man; he cannot keep fasts. He said: He should feed sixty poor people. She said: He has nothing which he may give in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was brought to him. I said: I shall help him with another date-basked ('araq). He said: You have done well. Go and feed sixty poor people on his behalf, and return to your cousin. The narrator said: An araq holds sixty sa's of dates.Abu Dawud said: She atoned on his behalf without seeking his permission.Abu Dawud said: This man (Aws b. al-Samit) is the brother of 'Ubadah b. al-Samit.

A similar tradition has been transmitted by Ibn Ishaq with a different chain of narrators. But in this version he said ‘Araq is a date-basket holding thirty sa’s.Abu Dawud said “This version is sounder than that of Yahya bin Adam.”

Another version transmitted by Abu Salamah bin ‘Abd Al Rahman has ‘Araq is a date-basket holding fifteen sa’s.

The tradition mentioned above has been transmitted by Sulaiman bin Yasar. This version has “Then some dates were brought to the Apostle of Allaah(ﷺ) and he gave it him. They measured about fifteen sa’s “. He said “Give them in alms”. He said “Is there anyone needier than I and my family. Apostle of Allaah(ﷺ)?” The Apostle of Allaah(ﷺ) said “Eat them, you and your family.”

Abu Dawud said “I recited to Muhammad bin Wazir Al Misri and said to him Bishr bin Bakr narrated it to you and Al Auza’i narrated it to us. And he said “At’a narrated it to us on the authority of Aus brother of ‘Ubadah bin Al Samit. The Prophet (ﷺ) gave him fifteen sa’s of wheat to feed sixty poor people.Abu Dawud said At’a did not meet Aws (bin Al Samit) who was one of the people of Badr and died in the early days of Islam. This version is therefore, mursal (i.e., a successor narrated it directly from the Prophet (ﷺ), the link of the Companions is missing). This has been narrated by Al Auza’i from At’a from Aus.

Narrated Hisham b. 'Urwah: Khawlah was the wife of Aws ibn as-Samit; he was a man immensely given to sexual intercourse. When his desire for intercourse was intensified, he made his wife like his mother's back. So Allah, the Exalted, sent down Qur'anic verses relating to expiation for zihar.

A similar tradition has been transmitted by A’ishah through a different chain of narrators.

Narrated Ikrimah: A man made his wife like the back of his mother. He then had intercourse with her before he atoned for it. He came to the Prophet (ﷺ) and informed him of this matter. He asked (him): What moved you to the action you have committed? He replied: I saw the whiteness of her shins in moon light. He said: Keep away from her until you expiate for your deed.

‘Ikrimah said “A man made his wife like the back of his mother. When he saw the illumination of her shin in the moonlight, he had intercourse with her. He came to the Prophet (ﷺ). He ordered him to atone for it.

A similar tradition has been transmitted by Ibn ‘Abbas from the Prophet (ﷺ) through a different chain of narrators. This version does not mention the word “shin”.

A tradition similar to that of Sufyan has been transmitted by ‘Ikrimah from the Prophet(ﷺ) through a different chain of narrators.

Abu Dawud said “I heard Muhammad bin Isa narrating this tradition who said Mu’tamar narrated it to us. And he (Mu’tamar) said “ I heard Al Hakam bin Aban narrating this tradition. He did not mention the name of Ibn ‘Abbas.Abu Dawud said “Al Hussain bin Huraith wrote to me saying “Al Fadl bin Musa narrated from Ibn ‘Abbas to the same effect from the Prophet(ﷺ).

Narrated Thawban: The Prophet (ﷺ) said: If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her.

Amrah, daughter of 'Abd al-Rahman ibn Sa'd ibn Zurarah, reported on the authority of Habibah, daughter of Sahl al-Ansariyyah: She (Habibah) was the wife of Thabit ibn Qays ibn Shimmas. The Messenger of Allah (ﷺ) came out one morning and found Habibah by his door. The Messenger of Allah (ﷺ) said: Who is this? She replied: I am Habibah, daughter of Sahl. He asked: What is your case? She replied: I and Thabit ibn Qays, referring to her husband, cannot live together. When Thabit ibn Qays came, the Messenger of Allah (ﷺ) said to him: This is Habibah, daughter of Sahl, and she has mentioned (about you) what Allah wished to mention. Habibah said: Messenger of Allah, all that he gave me is with me. The Messenger of Allah (ﷺ) said to Thabit ibn Qays: Take it from her. So he took it from her, and she lived among her people (relatives).

Narrated Aisha, Ummul Mu'minin: Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to the Prophet (ﷺ) after morning, and complained to him against her husband. The Prophet (ﷺ) called on Thabit ibn Qays and said (to him): Take a part of her property and separate yourself from her. He asked: Is that right, Messenger of Allah? He said: Yes. He said: I have given her two gardens of mine as a dower, and they are already in her possession. The Prophet (ﷺ) said: Take them and separate yourself from her.

Narrated Abdullah ibn Abbas: The wife of Thabit ibn Qays separated herself from him for a compensation. The Prophet (ﷺ) made her waiting period a menstrual course.Abu Dawud said: This tradition has been transmitted by 'Abd al-Razzaq from Ma'mar from 'Amr b. Muslim from 'Ikrimah from the Prophet (ﷺ) in a mursal form (i.e. missing the link of the Companion).

Ibn ‘Umar said “The waiting period of a woman who separates herself from her husband for compensation is a menstrual period.”

Ibn ‘Abbas said “Mughith was a slave.” He said “Apostle of Allaah (ﷺ) make intercession for me to her (Barirah)”. The Apostle of Allaah (ﷺ) said “O Barirah fear Allaah. He is your husband and father of your child”. She said “Apostle of Allaah (ﷺ) do you command me for that? He said No, I am only interceding. Then tears were falling down on his (her husband’s) cheeks. The Apostle of Allaah (ﷺ) said to ‘Abbas “Are you not surprised with the love of Mughith for Barirah and her hatred for him.”

Ibn ‘Abbas said “The husband of Barirah was a black slave called Mughith. The Prophet (ﷺ) gave her choice and commanded her to observe the waiting period.”

While relating the tradition about Barirah A’ishah said “her husband was a slave, so the Prophet(ﷺ) gave her choice. She chose herself. Had he been a free man, he would not given her choice.”

A’ishah said “The Prophet (ﷺ) gave her choice. Her husband was a slave.”