The Book of Divorce

It was narrated that 'Aishah said: "I bought Barirah and her masters stipulated that her Wala' should go to them. I mentioned that to the Prophet and he said: 'Set her free, and Al-Wala' is to the one who pays the silver.' So I set her free and the Messenger of Allah called her and gave her the choice concerning her husband. She said: 'Even if you gave me such and such, I would not stay with him,' so she chose herself and her husband was a free man."

It was narrated from 'Aishah that she wanted to buy Barirah, but her masters stipulated that her Wala' should go to them. She mentioned that to the Prophet and he said: "Buy her and set her free, for Al-Wala' is to the one who sets the slave free." Some meat was brought and it was said: "This is some of that which was given in charity to Barirah." He said: "It is charity for her and a gift for us." And the Messenger of Allah gave her the choice, and her husband was a free man.

It was narrated that 'Aishah said: "Barirah made a contract that she would be freed in return for nine Awaq, one Uqiyyah to be paid each year." She came to 'Aishah asking for help and she said: "No, not unless they agree to accept the sum in one payment, and that the Wala' will go to me." Barirah went and spoke to her masters but they insisted that the Wala' should be for them. She came to 'Aishah and the Messenger of Allah came, and she told her what her masters had said. She said: "No, by Allah, not unless Wala' is to me." The Messenger of Allah said: "What is this?" She said: "O Messenger of Allah, Barirah came to me and asked me to help her with her contract of manumission, and I said no, not unless they agree to accept the sum in one payment, and that the Wala' will be for me. She mentioned that to her masters and they insisted that the Wala' should be for them." The Messenger of Allah said: "Buy her, and stipulate that the Wala' is for the one who sets the slave free." Then he stood up and addressed the people and said: "What is the matter with people who stipulate conditions that are not in the Book of Allah, the Mighty and Sublime? They say: 'I set so-and-so free but the Wala' will be to me.' Every condition that is not in the Book of Allah, the Mighty and Sublime, is a false condition, even if there are a hundred conditions." And the Messenger of Allah gave her the choice with regard to her husband who was still a slave, and she chose herself. 'Urwah said: "If he had been free the Messenger of Allah would not have given her the choice."

It was narrated that 'Aishah, may Allah be pleased with her, said: "The husband of Barirah was a slave."

It was narrated from 'Aishah that she bought Barirah from some of the Ansar who stipulated that her Wala' should go to them. The Messenger of Allah said: "Al-Wala' is to the one who did the favor (of setting the slave free)." The Messenger of Allah gave her the choice, as her husband was a slave. And she gave some meat to 'Aishah as a gift, and the Messenger of Allah said: "Why don't you give me some of this meat?" 'Aishah said: "It was given in charity to Barirah." He said: "It is a charity for her, and a gift for us."

Yahya bin Abi Bukair Al-Karmani said: "Shu'bah narrated to us, from 'Abdur-Rahman bin Al-Qasim, from his father, from 'Aishah. He (Shu'bah) said: "And he ('Abdur-Rahman) was the executor for his father." He (Shu'bah) said: "I was afraid to say to him: 'Did you hear this from your father.'" -- 'Aishah said: "I asked the Messenger of Allah about Barirah, as I wanted to buy her but it was stipulated that the Wala' would go to her (former) masters. He said: 'Buy her, for the Wala' is to the one who sets the slave free.' And she was given the choice, as her husband was a slave." Then he said, after that: "I do not know." --"And some meat was brought to the Messenger of Allah and they said: 'This is some of that which was given in charity to Barirah.' He said: 'It is charity for her and a gift for us.'"

Ibn 'Abbas said: "One morning, we saw the wives of the Prophet weeping, and each one of them had her family with her. I entered the Masjid and found it filled with people. Then 'Umar, may Allah be pleased with him, came, and went to the Prophet who was in his room. He greeted him with the Salam but no one answered. He greeted him again but no one answered. He greeted him (a third time) but no one answered. So he went back and called out: 'Bilal!' He came to the Prophet and said: 'Have you divorced your wives?' He said: 'No, but I have sworn an oath of abstention from them for a month.' So he stayed away from them for twenty-nine days, then he came and went into his wives."

It was narrated that Anas said: "The Prophet swore an oath of abstention from his wives for a month and stayed in his room for twenty-nine days. It was said: 'O Messenger of Allah, did you not swear an oath of abstention for a month?' He said: 'This month is twenty-nine days.'"

It was narrated from Ibn 'Abbas that a man came to the Prophet who had declared Zihar from his wife, then he had intercourse with her. He said: "O Messenger of Allah, I declared Zihar on my wife, then I had intercourse with her before I offered the expiation." He said: "What made you do that, may Allah have mercy on you?" He said: "I saw her anklets in the light of the moon." He said: "Do not approach her until you have done that which Allah, the Mighty and Sublime, has commanded."

It was narrated that 'Ikrimah said: "A man declared Zihar to his wife, then had intercourse with her before he had offered the expiation. He mentioned that to the Prophet. The Prophet said to him: 'What made you do that?' He said: 'May Allah have mercy on you, O Messenger of Allah. I saw her anklets, or her calves, in the light of the moon.' The Messenger of Allah said: 'Keep away from her until you have done that which Allah, the Mighty and Sublime, has commanded.'"

'Ikrimah said: "A man came to the Prophet of Allah and said: 'O Prophet of Allah,' and that he had declared Zihar to his wife, then he had intercourse with her before he did what he had to do. He said: 'What made you do that?' He said: 'O Prophet of Allah! I saw the whiteness of her calves in the moonlight.' The Prophet said: 'Keep away until you have done what you have to do.' (One of the narrators) Ishaq said in his Hadith: "Keep away from her until you have done what you have to do." The wording is that of Muhammad.

It was narrated from 'Aishah that she said: "Praise be to Allah Whose hearing encompasses all voices. Khawlah came to the Messenger of Allah complaining about her husband, but I could not hear what she said. Then Allah, the Mighty and Sublime, revealed: 'Indeed Allah has heard the statement of her that disputes with you concerning her husband, and complains to Allah. And Allah hears the argument between you both.'"

It was narrated from Ayyub, from Al-Hasan, from Abu Hurairah, that the Prophet said: "Women who seek divorce and Khul' are like the female hypocrites." Al-Hasan said: "I did not hear it from anyone other than Abu Hurairah."

It was narrated from Yahya bin Sa'eed, from 'Amrah bint 'Abdur-Rahman, that she told him about Habibah bint Sahl: "She was married to Thabit bin Qais bin Shammas. The Messenger of Allah went out to pray As-Subh and he found Habibah bint Sahl at his door at the end of the night. The Messenger of Allah said: 'Who is this?' She said: 'I am Habibah bint Sahl, O Messenger of Allah.' He said: 'What is the matter?' She said: 'I cannot live with Thabit bin Qais' -her husband. When Thabit bin Qais came, the Messenger of Allah said to him: 'Here is Habibah bint Sahl and she has said what Allah willed she should say.' Habibah said: 'O Messenger of Allah, everything that he gave me is with me.' The Messenger of Allah said: 'Take it from her.' So he took it from her and she stayed with her family."

It was narrated from Ibn 'Abbas that the wife of Thabit bin Qais came to the Prophet and said: "O Messenger of Allah, I do not find any fault with Thabit bin Qais regarding his attitude or religious commitment, but I hate Kufr after becoming Muslim." The Messenger of Allah said: "Will you give him back his garden?" She said: "Yes." The Messenger of Allah said: "Take back the garden and divorce her once."

It was narrated that Ibn 'Abbas said: "A man came to the Messenger of Allah and said: 'My wife does not object if anyone touches her.' He said: 'Divorce her if you wish.' He said: 'I am afraid that I will miss her.' He said: 'Then stay with her as much as you need to.'"

It was narrated from Ibn 'Abbas that a man said: "O Messenger of Allah, I have a wife who does not object if anyone touches her." He said: "Divorce her." He said: "I cannot live without her." He said: "Then keep her."

It was narrated from Sahl bin Sa'd, from 'Asim bin 'Adiyy who said: "Uwaimir, a man from Banu 'Ajlan, came and said: 'O 'Asim, what do you think if a man sees another man with his wife, should he kill him and be killed in retaliation, or what should he do? O 'Asim, ask the Messenger of Allah about that for me.'" So 'Asim asked the Messenger of Allah about that, and the Messenger of Allah disapproved of the question and criticized the asking of too many questions. Then 'Uwaimir came to him and said: "What happened, O 'Asim?" 'Asim said to 'Uwaimir: "What happened?! You have not brought me any good. The Messenger of Allah disapproved of the question I asked." 'Uwaimir said: "By Allah, I will go and ask the Messenger of Allah." So he went to the Messenger of Allah and asked him. The Messenger of Allah said: "Allah the Mighty and Sublime has revealed (something) concerning you and your wife, so bring her here." Sahl said: "I was among the people in the presence of the Messenger of Allah and he brought her and they engaged in the procedure of Li'an. He said: 'O Messenger of Allah, by Allah! If I keep her I would have been telling lies about her.' So he parted from her before the Messenger of Allah told him to separate from her, and that became the way of Li'an."

It was narrated that Ibn 'Abbas said: "The Messenger of Allah conducted the procedure of Li'an between the 'Ajlani and his wife, who was pregnant."

It was narrated that Muhammad said: "I asked Anas bin Malik about that, as I thought that he had knowledge of that. He said: 'Hilal bin Umayyah accused his wife (of committing adultery) with Sharik bin As-Sahma', who was the brother of Al-Bara' bin Malik through his mother. He was the first one who engaged in the procedure of Li'an. The Messenger of Allah conducted the procedure of Li'an between them, then he said: "Look and see, if she produces a child who is white, with straight hair and Qadiy'a eyes, then he belongs to Hilal bin Umayyah, and if she produces a child who has dark lines around his eyes, curly hair and narrow calves, then he belongs to Sharik bin As-Sahma'." I was told that she produced a child who has dark lines around his eyes, curly hair and narrow calves.'"

It was narrated that Anas bin Malik said: "The first Li'an in Islam was when Hilal bin Umayyah accused Sharik bin As-Sahma' (of committing adultery) with his wife. He came to the Prophet and told him about that. The Prophet said: '(Bring) four witnesses, otherwise (you will feel) the Hadd punishment on your back.' And he repeated that several times. Hilal said to him: 'By Allah, O Messenger of Allah! Allah, the Mighty and Sublime, knows that I am telling the truth, and Allah, the Mighty and Sublime, will certainly reveal to you that which will spare my back from the whip.' While they were like that, the Verse of Li'an was revealed to him: 'As to those who accuse their wives.' He called Hilal and he bore witness four times by Allah that he was telling the truth, and the fifth time he invoked the curse of Allah upon him if he were lying. Then he called the woman and she bore witness four times by Allah that he was lying. When it came to the fourth or fifth time, the Messenger of Allah said: 'Stop her, for it will inevitably bring the punishment of Allah upon the liar.' She hesitated until we thought that she was going to confess, then she said: 'I will not dishonor my people today.' Then she went ahead with the oath. The Messenger of Allah said: 'Wait and see. If she produces a child who is white, with straight hair and Qadiy'a eyes, then he belongs to Hilal bin Umayyah, but if she produces a child who is dark with curly hair, of average size and with narrow calves, then he belongs to Sharik bin As-Sahma'.' She produced a child who was dark with curly hair, of average size and with narrow calves. The Messenger of Allah said: 'Had not the matter been settled by the Book of Allah, I would have punished her severely.'"

It was narrated that Ibn 'Abbas said: "Mention of Li'an was made in the presence of the Messenger of Allah and 'Asim bin 'Adiyy said something about that, then he went away. A man from among his people came to him, complaining that he had found a man with his wife. 'Asim said: 'I was only put to this test because of what I said.' He took him to the Messenger of Allah and told him of the situation in which he found his wife. That man was pale and slim with straight hair, and the one whom he claimed to have found with his wife was dark and well-built. The Messenger of Allah said: 'O Allah, make it clear to me.' Then she gave birth to a child who resembled the one whom her husband said he had found with her. So the Messenger of Allah conducted the procedure of Li'an between them." A man in the gathering said to Ibn 'Abbas: "Was she the one of whom the Messenger of Allah said: 'If I were to have stoned anyone without evidence I would have stoned this one?'" Ibn 'Abbas said: "No, that was a woman who used to do mischief even after becoming Muslim."

It was narrated that 'Abdullah bin 'Abbas said: "Mention of Li'an was made in the presence of the Messenger of Allah and 'Asim bin 'Adiyy said something about that, then he went away. He was met by a man from among his people who told him that he had found a man with his wife. He took him to the Messenger of Allah and told him of the situation in which he found his wife. That man was pale and slim with straight hair, and the one whom he claimed to have found with his wife was dark and well built, with very curly hair. The Messenger of Allah said: 'O Allah, make it clear to me.' Then she gave birth to a child who resembled the one whom her husband said he had found with her. So the Messenger of Allah conducted the procedure of Li'an between them." A man in the gathering said to Ibn 'Abbas: "Was she the one of whom the Messenger of Allah said: 'If I were to have stoned anyone without evidence I would have stoned this one?'" Ibn 'Abbas said: "No, that was a woman who used to do mischief even after becoming Muslim."

It was narrated from Ibn 'Abbas: "When the Prophet commanded the two who were engaging in Li'an to utter the fifth oath, he commanded a man to place his hand over his mouth, and he said: "It will inevitably bring the punishment upon the liar.""

'Abdul-Malik bin Abi Sulaiman said: "I heard Sa'eed bin Jubair say: 'I was asked about the two who engage in Li'an during the governorship of Ibn Az-Zubair - should they be separated? I did not know what to say, so I got up and went to the house of Ibn 'Umar and said: "O Abu 'Abdur-Rahman, should the two who engage in Li'an be separated?" He said: "Yes, Subhan Allah! The first one who asked about that was so-and-so the son of so-and-so who said: 'O Messenger of Allah, what do you think if a man among us sees his wife committing immoral actions, and if he speaks of it, he will be speaking of a grave matter, but if he keeps quiet, he will be keeping quiet about a grave matter?' He did not answer him, then after that, he came to him and said: 'I was tried with the matter that I asked you about, so Allah, the Mighty and Sublime, revealed these Verses in Surat An-Nur.: 'And for those who accuse their wives' until he reached: 'And the fifth (testimony) should be that the Wrath of Allah be upon her if he (her husband) speaks the truth.' So he started with the man, exhorting him, reminding him, and telling him that the punishment in this world was less severe than the punishment in the Hereafter. He said: 'By the One Who sent you with the truth, I am not lying.' Then he turned to the woman and exhorted her and reminded her. She said: 'By the One Who sent you with the truth, he is lying.' So he started with the man, and he bore witness four times by Allah that he was telling the truth, and the fifth time (he invoked) the curse of Allah upon himself if he was lying. Then he turned to the woman and she bore witness four times by Allah that he was lying, and the fifth time (she invoked) the wrath of Allah upon herself if he was telling the truth. Then he separated them."'"

It was narrated that Sa'eed bin Jubair said: "Al-Mus'ab did not separate the two who engaged in Li'an." Sa'eed said: "I mentioned that to Ibn 'Umar and he said: 'The Messenger of Allah separated the couple from Banu 'Ajlan.'"

It was narrated from Ayyub, that Sa'eed bin Jubair said: "I said to Ibn 'Umar: 'A man accused his wife.' He said: 'The Messenger of Allah separated the couple from Banu 'Ajlan and said: Allah knows that one of you is lying, so will either of you repent? He said that to them three times and they did not respond, then he separated them.'" (One of the narrators) Ayyub said: "Amr bin Dinar said: 'In this Hadith there is something that I think you are not narrating.' He said: 'The man said: My wealth. He said: You are not entitled to any wealth. If you are telling the truth, you have consummated the marriage with her, and if you are lying then you are even less entitled to it.'"

It was narrated that 'Amr said: "I heard Sa'eed bin Jubair say: 'I asked Ibn 'Umar about the two who engage in Li'an. He said: 'The Messenger of Allah said to the two who engaged in Li'an: Your reckoning will be with Allah. One of you is lying, and you cannot stay with her. He said: O Messenger of Allah, my wealth! He said: You are not entitled to any wealth. If you are telling the truth about her, then it is in return for having been allowed intimacy with her, and if you are lying then you are even less entitled to it.'"

It was narrated that Ibn 'Umar said: "The Messenger of Allah conducted the procedure of Li'an between a man and his wife, and he separated them and attributed the child to his mother."

It was narrated from Abu Hurairah that a man from Banu Fazarah came to the Messenger of Allah and said: "My wife has given birth to a black boy." The Messenger of Allah said: "Do you have camels?" He said: "Yes." He said: "What color are they?" He said: "Red." He said: "Are there any gray ones among them?" He said: "There are some gray ones among them." He said: "Where do you think they come from?" He said: "Perhaps it is hereditary." He said: "Likewise, perhaps this is hereditary."