The Book of Divorce

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).

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."

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.)

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.

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.

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).

'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)."

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.

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.

'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.

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.

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.

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.

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).

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?

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.

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.

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.

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.

A hadith like this is transmitted on the authority of Nafi'.

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."

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)

'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.

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.

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.

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.