The Book of Divorce

Abu Salamah said: "Abu Hurairah and Ibn 'Abbas differed concerning the widow who gives birth after her husband's death. Abu Hurairah said: 'She may be married.' Ibn 'Abbas said: '(She has to wait) for the longer of the two periods.' They sent word to Umm Salamah and she said: 'The husband of Subai'ah died and she gave birth fifteen days -half a month- after her husband died.' She said: 'Two men proposed marriage to her, and she was inclined toward one of them. When they feared that she was becoming single-minded (on this issue, and not consulting her family), they said: It is not permissible for you to marry. She went to the Messenger of Allah and he said: 'It is permissible for you to marry, so marry whomever you want.''"

It was narrated that Abu Salamah said: "Ibn 'Abbas and Abu Hurairah were asked about the woman whose husband dies when she is pregnant. Ibn 'Abbas said: '(She should wait) for the longer of the two periods.' Abu Hurairah said: 'When she gives birth it becomes permissible for her to marry.' Abu Salamah went to Umm Salamah and asked her about that, and she said: 'Subai'ah Al-Aslamiyyah gave birth half a month after her husband died, and two men proposed to her. One was young and one was old, and she was inclined toward the young one. So the old one said: It is not permissible for you to marry. Her family was not there, and he hoped that if he went to her family they would marry her to him. She went to the Messenger of Allah and he said: It is permissible for you to marry, so marry whomever you want.'"

Abu Salamah bin 'Abdur-Rahman said: "It was said to Ibn 'Abbas concerning a woman who gives birth one day after her husband died: 'Can she get married?' He said: 'No, not until the longer of the two periods has ended.' He said: 'Allah says: And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they lay down their burden.' He said: 'That only applies in the case of divorce.' Abu Hurairah said: 'I agree with my brother's son' --meaning, Abu Salamah. He sent his slave Kuraib and told him: 'Go to Umm Salamah and ask her: Was this the Sunnah of the Messenger of Allah?' He came back and said: 'Yes, Subai'ah Al-Aslamiyyah gave birth twenty days after her husband died, and the Messenger of Allah told her to get married, and Abu As-Sanabil was one of those who proposed marriage to her.'"

It was narrated from Sulaiman bin Yasir that Abu Hurairah, Ibn 'Abbas, and Abu Salamah bin 'Abdur-Rahman were talking about the 'Iddah of a woman whose husband dies, and she gives birth after her husband dies. Ibn 'Abbas said: "She should observe 'Iddah for the longer of the two periods." Abu Salamah said: "No, it becomes permissible for her to marry when she has given birth." Abu Hurairah said: "I agree with my brother's son." So they sent word to Umm Salamah, the wife of the Prophet, and she said: "Subai'ah Al-Aslamiyyah gave birth shortly after her husband died; she consulted the Messenger of Allah and he told her to get married."

It was narrated that Umm Salamah said: "Subai'ah gave birth a few days after her husband died, and the Messenger of Allah told her to get married."

It was narrated from Sulaiman bin Yasar that 'Abdullah bin 'Abbas and Abu Salamah bin 'Abdur-Rahman disagreed concerning a woman who gave birth one day after her husband died. 'Abdullah bin 'Abbas said: "(She should wait) for the longer of the two periods." Abu Salamah said: "When she has given birth, it becomes permissible for her to remarry." Abu Hurairah came and said: "I agree with my brother's son" -meaning Abu Salamah bin 'Abdur-Rahman. They sent Kuraib, the freed slave of Ibn 'Abbas, to Umm Salamah to ask her about that. He came back to them and told them that she said: "Subai'ah gave birth one day after her husband died;" she mentioned that to the Messenger of Allah and he said: "It has become permissible for you to marry."

Abu Salamah bin 'Abdur-Rahman said: "Ibn 'Abbas, Abu Hurairah and I were together, and Ibn 'Abbas said: 'If a woman gives birth after her husband dies, her 'Iddah is the longer of the two periods.'" Abu Salamah said: "We sent Kuraib to Umm Salamah to ask her about that. He came to us and told us from her that the husband of Subai'ah died and she gave birth a few days after her husband died, and the Messenger of Allah told her to get married."

It was narrated from Abu Salamah bin 'Abdur-Rahman that Zainab bint Abi Salamah told him, from her mother, Umm Salamah, the wife of the Prophet: "That a woman from Aslam who was called Subai'ah was married to her husband, and he died while she was pregnant. Abu As-Sanabil bin Ba'kak proposed to her but she refused to marry him. He said: 'You cannot get married until you have observed 'Iddah for the longer of the two periods.' Approximately twenty days later she gave birth. She went to the Messenger of Allah and he said: 'Get married.'"

Abu Salamah bin 'Abdur-Rahman said: "While Abu Hurairah and I were with Ibn 'Abbas, a woman came and said that her husband had died while she was pregnant, then she had given birth less than four months after the day he died. Ibn 'Abbas said: '(You have to wait) for the longer of the two periods.'" Abu Salamah said: "A man from among the Companions of the Prophet told me that Subai'ah Al-Aslamiyyah came to the Messenger of Allah and said that her husband died while she was pregnant, and she gave birth less than four months after he died. The Messenger of Allah told her to get married. Abu Hurairah said: 'And I bear witness to that.'"

'Ubaidullah bin 'Abdullah narrated that his father wrote to 'Umar bin 'Abdullah bin Arqam Az-Zuhri, telling him to go to Subai'ah bint Al-Harith Al-Aslamiyyah and ask her about her Hadith and what the Messenger of Allah had said to her when she consulted him. 'Umar bin 'Abdullah wrote back to 'Abdullah bin 'Utbah telling him that Subai'ah told him, that she was married to Sahl bin Khawlah -who was from Banu 'Amir bin Lu-ayy and was one of those who had been present at Badr- and her husband died during the Farewell Pilgrimage while she was pregnant. She gave birth soon after he died, and when her Nifas ended she adorned herself to receive proposals of marriage. Abu As-Sanabil bin Ba'kak -a man from Banu 'Abd Ad-Dar- went to her and said to her: 'Why do I see you adorned? Perhaps you want to get married, but by Allah you will not get married until four months and ten days have passed.' Subai'ah said: 'When he said that to me, I put on my clothes in the evening and went to the Messenger of Allah and asked him about that. He ruled that it had become permissible for me to marry when I gave birth, and he told me to get married if I wanted to.'"

It was narrated from Yazid bin Abi Habib that Muhammad bin Muslim Az-Zuhri wrote to him mentioning that 'Ubaidullah bin 'Abdullah told him, that Zufar bin Aws bin Al-Hadathan An-Nasri told him that Abu As-Sanabil bin Ba'kak bin As-Sabbaq said to Subai'ah Al-Aslamiyyah: "It is not permissible for you to get married until four months and ten days, the longer of the two periods, have passed." She went to the Messenger of Allah and asked him about that. She said that the Messenger of Allah ruled that she could get married when she had given birth. She was nine months pregnant when her husband died, and she was married to Sa'd bin Khawlah, who died during the Farewell Pilgrimage with the Messenger of Allah. She married a young man from her people when she had given birth to (the child).

It was narrated from 'Ubaidullah bin 'Abdullah that 'Abdullah bin 'Utbah wrote to 'Umar bin 'Abdullah bin Al-Arqam Az-Zuhri, telling him: "Go to Subai'ah bint Al-Harith Al-Aslamiyyah, and ask her about the ruling of the Messenger of Allah concerning her pregnancy." He said: "So 'Umar bin 'Abdullah went to her and asked her. She told him that she was married to Sa'd bin Khawlah, who was one of the Companions of the Messenger of Allah who had been present at Badr. He died during the Farewell Pilgrimage, and she gave birth before four months and ten days had passed since her husband's death. When her Nifas ended, Abu As-Sanabil -a man from Banu 'Abd Ad-Dar- went to her and saw that she had adorned herself. He said: 'Perhaps you want to get married before four months and ten days has passed?' She said: 'When I heard that from Abu As-Sanabil, I went to the Messenger of Allah and told him my story. The Messenger of Allah said: 'It is permissible for you to marry when you gave birth.''"

It was narrated that Muhammad said: "I was sitting with some people in Al-Kufah in a large gathering of the Ansar, among whom was 'Abdur-Rahman bin Abi Laila. They spoke about the story of Subai'ah and I mentioned what 'Abdullah bin 'Utbah bin Mas'ud had said in meaning." (One of the narrators) Ibn 'Awn's saying was: "when she gives birth." Ibn Abi Layla said: 'But his (paternal) uncle did not say that.' I raised my voice and said: 'Would I dare to tell lies about 'Abdullah bin 'Utbah when he is in the vicinity of Al-Kufah?'" He said: "Then I met Malik and said: 'What did Ibn Mas'ud say about the story of Subai'ah?' He said: 'He said: "Are you going to be too strict with her and not allow her the concession (with regard to the 'Iddah)? The shorter Surah about women (At-Talaq) was revealed after the longer one (Al-Baqarah)."'"

It was narrated from 'Alqamah bin Qais that Ibn Mas'ud said: "Whoever wants, I will meet and debate with him and invoke the curse of Allah upon those who lie. The Verse: 'And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they lay down their burden.' was only revealed after the Verse about women whose husbands die. 'When a woman whose husband has died gives birth, it becomes permissible for her to marry.'" This is the wording of Maimun (one of the narrators).

It was narrated from 'Abdullah that the shorter Surah, that speaks of women (At-Talaq), was revealed after Al-Baqarah.

It was narrated from Ibn Mas'ud, that he was asked about a man who married a woman, but did not name a Mahr or consummate the marriage before he died. Ibn Mas'ud said: "She should have a Mahr like that of women like her, no less and no more; she has to observe the 'Iddah, and she is entitled to inherit." Ma'qil bin Sinan Al-Ashja'i stood up and said: "The Messenger of Allah passed a similar judgment among us concerning Birwa' bint Washiq." And Ibn Masud rejoiced at that.

It was narrated from 'Aishah that the Messenger of Allah said: "It is not permissible for a woman to mourn for anyone who dies for more than three days, except for her husband."

It was narrated from 'Aishah that the Prophet said: "It is not permissible for a woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband."

It was narrated from Zainab bint Abi Salamah that Umm Habibah said: "I heard the Messenger of Allah say this on this Minbar: 'It is not permissible for a woman who believes in Allah and His Messenger to mourn for anyone who dies for more than three days, except for a husband, (for whom the mourning period is) four months and ten days.'"

It was narrated from Al-Fari'ah bint Malik that her husband went out to pursue some slaves and they killed him. Shu'bah and Ibn Juraij said: "She was in a remote house. She came with her brothers to the Messenger of Allah and told him (about the situation) and he granted her a concession. When she was leaving he called her back and said: 'Stay in your house until the term prescribed is fulfilled.'"

It was narrated from Al-Furai'ah bint Malik that her husband hired some slaves to work for him and they killed him. She mentioned that to the Messenger of Allah and said: "I am not living in a house that belongs to him, and I do not receive maintenance from him; should I move to my family with my two orphans and stay with them?" He said: "Do that." Then he said: "What did you say?" So she told him again and he said: "Observe your 'Iddah where the news came to you."

It was narrated from Furai'ah that her husband went out to pursue some slaves of his and he was killed on the edge of Al-Qadum. She said: "I came to the Prophet and mentioned moving to (join) my family." She told him about her situation. She said: "He allowed me, then, when I turned to leave, he called me back and said: 'Stay with your family until the term prescribed is fulfilled.'"

It was narrated from Ibn 'Abbas that this Verse abrogated the woman's 'Iddah among her family, and she may observe her 'Iddah wherever she wants. That is the saying of Allah, the Mighty and Sublime: without turning them out.

Furai'ah bint Malik, the sister of Abu Sa'eed Al-Khudri, said: "My husband died in Al-Qadum, so I went to the Prophet and told him that our house was remote." He gave her permission then he called her back and said: "Stay in your house for four months and ten days, until the term prescribed is fulfilled."

It was narrated from Humaid bin Nafi' that Zainab bint Abi Salamah told him these three Hadiths. Zainab said: "I entered upon Umm Habibah, the wife of the Prophet, when her father Abu Sufyan bin Harb died. Umm Habibah called for some perfume and put some on a young girl, then she put some on her cheeks. Then she said: 'By Allah, I do not have any need for perfume but I heard the Messenger of Allah say: It is not permissible for any woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days, except for a husband, (for whom the mourning period is) four months and ten days.'"

Zainab said: "Then I went into Zainab bint Jahsh when her brother died, and she called for some perfume and put some on. Then she said: 'By Allah, I do not have any need for perfume but I heard the Messenger of Allah say on the Minbar: It is not permissible for any woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days, except for a husband, (for whom the mourning period is) four months and ten days.'"

Zainab said: "I heard Umm Salamah say: 'A woman came to the Messenger of Allah and said: O Messenger of Allah, my daughter's husband has died and she has a problem in her eye; can I put kohl on her? The Messenger of Allah said: No. Then he said: It is four months and ten days. During the Jahiliyyah one of you would throw a piece of dung at the end of the year.'" Humaid said: "I said to Zainab: 'What is this throwing a piece of dung at the end of the year?' She said: 'If a woman's husband died, she would enter a small room (Hifsh) and wear her worst clothes, and she would not put on perfume or anything until a year. Then an animal would be brought, a donkey or sheep or bird, and she would end her 'Iddah with it (clean herself with it), and usually any animal used for that purpose would die. Then she would come out and would be given a piece of dung which she would throw, then she would go back to whatever she wanted of perfume, etc.'" In the narration of Muhammad (bin Salamah) Malik said: Hifsh means hut.

It was narrated that Umm 'Atiyyah said: "The Messenger of Allah said: 'No woman should mourn for anyone who dies for more than three days, except for a husband, for whom she should mourn for four months and ten days. She should not wear garments that are dyed or patterned, or put on kohl or comb her hair, and she should not put on any perfume except when purifying herself after her period, when she may use a little of Qust or Azfar.'"

It was narrated from Safiyyah bint Shaibah, from Umm Salamah, the wife of the Prophet, that the Prophet said: "The woman whose husband has died should not wear clothes that are dyed with safflower or red clay, and she should not use dye nor kohl."

It was narrated from Umm 'Atiyyah that the Prophet said: "It is not permissible for a woman who believes in Allah and the Last Day, to mourn for anyone who dies for more than three days, except for a husband; she should not use kohl, dye nor wear dyed clothes."