The Chapters on Divorce

It was narrated that Safiyyah bint Shaibah said: "Aishah told me that the Messenger of Allah (ﷺ) said: 'There is no divorce and no manumission at the time of coercion.' "

It was narrated from "Amr bin Shu'aib, from his father, from his grandfather, that: the Messenger of Allah said : "There is no divorce regarding that which one does not possess."

It was narrated from Miswar bin Makharamah that the Prophet (ﷺ) said: "There is no divorce before marriage, and no manumission before taking possession."

It was narrated from ' Ali bin Abu Talib that the Prophet (ﷺ) said : "There is no divorce before marriage."

Awza'i said : "I asked Zuhri: 'Which of the wives of the Prophet (ﷺ) sought refuge with Allah from him? He said : "Urwah told me, (narrating) from 'Aishah, that when the daughter of Jawn entered upon the Messenger of Allah (ﷺ) and he came close to her, she said: "I seek refuge with Allah from you." the Messenger of Allah (ﷺ) said : "You have sought refuge in the Almighty" go to your family."

It was narrated from 'Abdullah bin 'Ali bin Yazid bin Rukanah, from his father, from his grandfather, that: he divorced his wife irrevocably, then he came to the Messenger of Allah (ﷺ) and asked him. He said: "What did you mean by that?" He said: "One (divorce)." He said: "By Allah did you only mean one (divorce) thereby?" He said: "By Allah, I meant one." Then he sent her back to him. (Da'if)Muhammad bin Majah said: I heard Abul-Hasan ' Ali bin Muhammad Tanafisi saying: "How noble is this Hadith." Ibn Majah said: 'Abu 'Ubaid left it (i.e., did not accept its narration) and Ahmad was fearful of it (i.e., of narrating it)."

It was narrated that Aishah said: "The Messenger of Allah gave us the choice, and we chose him, and he did not consider it as something (i.e., an effective divorce)."

It was narrated that Aishah said: "When the following was revealed: 'But if you desire Allah and His Messenger, (ﷺ) the Messenger of Allah (ﷺ) entered upon me and said: 'O Aishah I want to say something to you, and you do not have to hasten (in making a decision) until you have consulted your parents."' She said: "He knew, by Allah, that my parents would never tell me to leave him." She said: "Then he recited to me: ' O Prophet (Muhammad)! Say to your wives: " If you desire the life of this world, and its glitter.'" I said: 'Do I need to consult my parents about this? I choose Allah and His Messenger."'

It was narrated from Ibn 'Abbas that the Prophet (ﷺ) said: "No woman asks for divorce when it is not absolutely necessary, but she will never smell the fragrance of paradise, although its fragrance can be detected from a distance of forty years' travel. "

It was narrated from Thawban that the Messenger of Allah (ﷺ) said: 'Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.'"

It was narrated from Ibn 'Abbas that: Jamilah bint Salul came to the Prophet (ﷺ) and said: "By Allah, I do not find any fault with Thabit regarding his religion nor his behavior, but I hate disbelief after becoming Muslim and I cannot stand him. "The Prophet (ﷺ) said to her: 'WiIl you give him back his garden?" She said: "Yes." So the Messenger of Allah (ﷺ) told him to take back his garden from her and no more than that.

It was narrated from 'Amr bin Shu'aib, from his father, that his grandfather said: "Habibah bint Sahl was married to Thabit bin Qais bin Shammas, who was an ugly man. She said: 'O Messenger of Allah, (ﷺ) by Allah, were it not for fear of Allah when he enters upon me I would spit in his face.' The Messenger of Allah (ﷺ) said: 'Will you give him back his garden?' She :said: 'Yes.' So she gave him back his garden and the Messenger of Allah (ﷺ) separated them."

It was narrated from 'Ubadah bin Samit from Rubai' bint Mu'awwidh bin 'Afra'.: He said: "I said to her: 'Tell me your Hadith.' She said: 'I got Khul' from my husband, then I came to 'Uthman and asked him: "What waiting period do I have to observe?" He said: "You do not have to observe any waiting period, unless you had intercourse with him recently, in which case you should stay with him until you have menstruated." In that he was following the ruling of the Messenger of Allah (ﷺ) concerning Maryam Maghaliyyah, who was married to Thabit bin Qais and she got Khul' from him.' "

It was narrated that 'Aishah said: "The Messenger of Allah (ﷺ) swore that he would not enter upon his wives for a month, and he stayed for twenty-nine days until, on the eve of the thirtieth, he entered upon me. I said: 'You swore not to enter upon us for a month.' He said: 'The month may be like this,' and he held up his (ten) fingers three times; 'or the month may be like this,' and he held up his fingers three times, keeping one finger down on the third time."

It was narrated from Aishah that: the Messenger of Allah (ﷺ) swore to keep away from his wives, because Zainab had sent back her gift and 'Aishah said: "She has disgraced you." He became angry and swore to keep away from them.

It was narrated from Umm Salamah that: the Messenger of Allah (ﷺ) swore to keep away from some of his wives for a month. On the twenty-ninth day, in the evening or the morning, it was said: "O Messenger of Allah, only twenty-nine days have passed." He said: "The month is twenty-nine days."

It was narrated that Salamah bin Sakhr Al-Bayadi said: "I was a man who had a lot of desire for women, and I do not think there was any man who had as great a share of that as me. When Ramadan began, I declared Zihar upon my wife (to last) until Ramadan ended. While she was talking to me one night, part of her body became uncovered. I jumped on her and had intercourse with her. The next morning I went to my people and told them, and said to them: 'Ask the Messenger of Allah (ﷺ) for me.' They said: 'We will not do that, lest Allah reveal Quran concerning us or the Messenger of Allah (ﷺ) says, something about us, and it will be a lasting source of disgrace for us. Rather we will leave you to deal with it yourself. Go yourself and tell the Messenger of Allah (ﷺ) about your problem.' So I went out and when I came to him, I told him what happened. The Messenger of Allah (ﷺ) said: 'Did you really do that?' I said: 'I really did that, and here I am, O Messenger of Allah. (ﷺ) I will bear Allah’s ruling on me with patience.' He said: 'Free a slave.' I said: 'By the One Who sent you with the truth, I do not own anything but myself.' He said: 'Fast for two consecutive months.' I said: 'O Messenger of Allah, the thing that happened to me was only because of fasting.' He said: 'Then give charity, or feed sixty poor persons.' I said: 'By the One Who sent you with the truttu we spent last night with no dinner.' He said: 'Then go to the collector of charity of Banu Zuraiq, and tell him to give you something, then feed sixty poor persons, and benefit from the rest.'"

It was narrated from 'Urwah bin Zubair, that 'Aishah said: "Blessed is the One Whose hearing encompasses all things. I heard some of the words of Khawlah bint Tha'labah, but some of her words were not clear to me, when she complained to the Messenger of Allah (ﷺ) about her husband, and said: 'O Messenger of Allah, (ﷺ) he has consumed my youth and I split my belly for him (i.e., bore him many children), but when I grew old and could no longer bear children he declared Zihar upon me; O Allah, I complain to You.' She continued to complain until Jibra'il brought down these Verses: 'Indeed Allah has heard the statement of she who pleads with you (O Muhammad) concerning her husband, and complains to Allah" (58:1)

It was narrated from Salamah bin Sakhr Al-Bayedi that: the Prophet (ﷺ) said concerning a man who declared Zihar upon his wife having intercourse with her before compensation: "Let him offer one expiation."

It was narrated from Ibn 'Abbas that: a man declared Zihar upon his wife, then he had intercourse with her before offering expiation. He came to the Prophet (ﷺ) and told him about that. He said: "What made you do that?" He said: "I saw her ankles in the moonlight, and I could not control myself, and I had intercourse with her." The Messenger of Allah (ﷺ) smiled and told him not to go near her until he had offered expiation.

It was narrated that Sahl bin Sa'd As-Sa'idi said: "Uwaimir came to 'Asim bin 'Adi and said: 'Ask the Messenger of Ailah (ﷺ) for me: "Do you think that if a man finds another man with his wife and kills him, he should be killed in retaliation, or what should he do?" 'Asim asked the Messenger of Allah (ﷺ) about that, and the Messenger of Allah (ﷺ) disapproved of the question. Then 'Uwaimir met him ('Asim) and asked him about that, saying: 'What did you do?’ He said: I did that and you have not brought me any good. I asked the Messenger of Allah (ﷺ) and he disapproved of this question.’ Uwaimir said: 'By Allah, I will go to the Messenger of Allah (ﷺ) myself and ask him.' So he went to the Messenger of Allah (ﷺ) and found that Qur'an had been revealed concerning them, and the Prophet (ﷺ) told them to go through the procedure of Li'an. 'Uwaimir said: 'O Messenger of Allah, (ﷺ) by Allah if I take her back, I would have been telling lies about her.' So he left her before the Messenger of Allah (ﷺ) told him to do so, and that became the Sunnah for two who engage in the procedure of Li'an. Then the Prophet (ﷺ) said: 'Wait and see. If she gives birth to a child who is black in color with widely-spaced dark eyes and large buttocks, then I think that he was telling the truth about her, but if she gives birth to a child with a red complexion like a Wahrah,[1] then I think that he was lying.' Then she gave birth to a child with features resembling those of the man concerning whom she was accused."

It was narrated from Ibn 'Abbas that: Hilal bin Umayyah accused his wife in the presence of the Prophet (ﷺ) of (committing adultery) with Sharik bin Sahma'. The Prophet said: "Bring proof or you will feel the Hadd (punishment) on your back." Hilal bin Umayyah said: "By the One Who sent you with the truth, I am telling the truth, and Allah will send down revelation concerning my situation which will spare my back." Then the following was revealed: "And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e., testifies four times) by Allah that he is one of those who speak the truth. And the fifth (testimony should be) the invoking of the curse of Allah on him if he be of those who tell a lie (against her). But it shall avert the punishment (of stoning to death) from her, it she bears witness four times by Allah, that he (her husband) is telling a lie. And the fifth (testimony) should be that the wrath of Allah be upon her if he (her husband) speaks the truth." The Prophet (ﷺ), turned and sent for them, and they came. Hilal bin Umayyah stood up and bore witness, and the Prophet (ﷺ) said: "Allah knows that one of you is lying. Will either of you repent?" Then she stood up and affirmed her innocence. On the fifth time, meaning that the wrath of Allah be upon her if he (her husband) speaks the truth, they said to her: "It will invoke the wrath of Allah." Ibn 'Abbas said: "She hesitated and backed up, until we thought that she was going to recant. Then she said: 'By Allah, I cannot dishonor my people for ever.' Then the Prophet (ﷺ) said: 'Wait and see. If she gives birth to a child with black eyes, fleshy buttocks and big calves, then he is the son of Sharik bin Sahma'.' And she gave birth to such a child. Then the Prophet (ﷺ) said: 'Had it not the matter been settled by the Book of Allah, I would have punished her severely.' "

It was narrated that 'Abdullah said: "We were in the mosque one Friday night when a man said: 'If a man finds a man with his wife and kills him, will you kill him, and if he speaks,will you flog him. By Allah I will mention that to the Prophet (ﷺ). So he mentioned that to the Prophet (ﷺ), and Allah revealed the Verses of Li'an. Then after that the man came and accused his wife, so the Prophet (ﷺ) told them to go through the procedure of Li'an and he said: 'Perhaps she will give birth to a black child.’ Then she gave birth to a black child with curly hair."

It was narrated from Ibn 'Umar that: a man invoked curses on his wife, and refused to accept her child. The Messenger of Allah (ﷺ) separated them, and left the child with the woman.

It was narrated that Ibn 'Abbas said: "A man from among the Ansar manried a wornan from Bal'ijlan. He entered upon her and spent the night with her, then in the morning he said: 'I did not find her to be a virgin.' Her case was taken to the Prophet (ﷺ), and he called the girl and asked her. She said: 'No, I was a virgin.' So he told thern to go through the procedure of Li'an, and gave her the bridal-money.” (D a'if)

It was nanated from 'Amr bin Shu'aib, from his father, from his grandfather, that: the Prophet (ﷺ) said: "There are four kinds of women for whom there is no Li'an: a Christian woman married to a Muslim, a Jewish woman married to a Muslim, a free woman married to a slave, and a slave woman married to a free man."

It was narrated that 'Aishah said: "The Messenger of Allah swore to keep away from his wives and declared them as unlawful for him, so he made something permissible forbidden, and he offered expiation for having sworn to do so."

It was narrated from Sa'eed bin Jubair that Ibn 'Abbas said: "For the one who makes unlawful is the swearing." (Sahih)And Ibn 'Abbas used to say: "You had the best example in the Messenger of Allah." (33:21)

It was narrated from Aishah that: she freed Barirah and the Messenger of Allah (ﷺ) gave her the choice, and she (Barirah) had a free husband.

It was narrated that Ibn 'Abbas said: "The husband of Barirah was a slave called Mughith. It is as if I can see him now, walking behind her and weeping, with tears running down his cheeks. The Prophet (ﷺ) said to 'Abbas: 'O Abbas, are you not amazed by the love of Mughith for Barirah, and the hatred of Barirah for Mughith?' And the Prophet said to her: Why don’t you take him back, for he is the father of your child?' She said: 'O Messenger of Allah, are you commanding me (to do so)?' He said: 'No, rather I am interceding.' She said: 'I have no need of him.' "