The Book of Divorce

Umm Hakim bint Asid narrated from her mother that her husband died and she had a problem in her eye, so she applied kohl to clear her eyes. She sent a freed slave woman of hers to Umm Salamah to ask her about using kohl to clear her eyes. She said: "Do not use kohl unless it cannot be avoided. The Messenger of Allah entered upon me when Abu Salamah died and I had put some aloe juice on my eyes. He said: 'What is this, O Umm Salamah?' I said: 'It is aloe juice, O Messenger of Allah, there is no perfume in it.' He said: 'It makes the face look bright, so only use it at night, and do not comb your hair with perfume or henna, for it is a dye.' I said: 'With what can I comb it, O Messenger of Allah?' He said: 'With lote leaves -cover your head with them.'"

Zainab bint Abi Salamah narrated that her mother Umm Salamah said: "A woman from the Quraish came and said: 'O Messenger of Allah, my daughter's eyes are inflamed; shall I apply kohl to her?' (The daughter's) husband had died so (the Prophet) said: 'Not until four months and ten days (have passed).' Then she said: 'I fear for her sight.' He said: 'No, not until four months and ten days (have passed). During the Jahiliyyah one of you would mourn for her husband for a year, then when one year had passed she would throw a piece of dung.'"

It was narrated from Zainab bint Abi Salamah, from her mother, that a woman came to the Prophet and asked him about her daughter whose husband had died and she was ill. He said: "One of you used to mourn for a year, then throw a piece of dung when a year had passed. Rather it (the mourning period) is four months and ten days."

It was narrated from Zainab bint Abi Salamah, from Umm Salamah that a woman from the Quraish came to the Messenger of Allah and said: "My daughter's husband has died, and I am worried about her eyes; she needs kohl." He said: "One of you used to throw a piece of dung after a year had passed. Rather it (the mourning period) is four months and ten days." I (the narrator) said to Zainab: "What does 'after a year had passed' mean?" She said: "During the Jahiliyyah, if a woman's husband died she would go to the worst room she had and stay there, then, when a year had passed, she would come out and throw a piece of dung behind her."

It was narrated from Zainab that a woman asked Umm Salamah and Umm Habibah whether she could put on kohl during her 'Iddah following her husband's death. She said: "A woman came to the Prophet and asked him about that, and he said: 'During the Jahiliyyah, if her husband died, one of you would stay (in mourning) for a year, then she would throw a piece of dung then come out. Rather it (the mourning period) is four months and ten days, until the term prescribed is fulfilled.'"

It was narrated from Hafsah, from Umm 'Atiyyah, from the Prophet, that he granted a concession to the woman whose husband has died, allowing her to use Qust and Azfar when purifying herself following her menses.

It was narrated from Ibn 'Abbas, with regard to Allah's saying: "And those of you who die and leave behind wives should bequeath for their wives a year's maintenance and residence without turning them out." This was abrogated by the Verse on inheritance, which allocated to her one-quarter or one-eighth. And the appointed time ('Iddah) of one year was abrogated and replaced with the ('Iddah) term of four months and ten days.

It was narrated from 'Ikrimah with regard to the saying of Allah, the Mighty and Sublime: "And those of you who die and leave behind wives should bequeath for their wives a year's maintenance and residence without turning them out," that he said: "This was abrogated by: 'And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days.'"

'Abdur-Rahman bin 'Asim narrated that Fatimah bint Qais -who was married to a man of Banu Makhzum- told him that he divorced her three times. He went out on a military campaign and told his representative to give her some provision. She thought it was too little, so she went to one of the wives of the Prophet, and the Messenger of Allah came in while she was with her. She said: "O Messenger of Allah, this is Fatimah bint Qais who has been divorced by so-and-so. He sent her some provision but she rejected it. He said that it was something he did not have to do (a favor)." He said: "He is telling the truth." The Prophet said: "Go to Umm Kulthum and observe your 'Iddah in her house." Then he said: "Umm Kulthum is a woman who has a lot of visitors. Go to 'Abdullah bin Umm Maktum for he is blind." So she went to 'Abdullah and observed her 'Iddah in his house, until her 'Iddah was over. Then Abu Al-Jahm and Mu'awiyah bin Abi Sufyan proposed to her. So she came to the Messenger of Allah to consult him about them. He said: "As for Abu Al-Jahm, he is a man the waving of whose stick I fear for you. And as for Mu'awiyah he is a man who does not have any money." So she married Usamah bin Zaid after that.

It was narrated from Abu Salamah bin 'Abdur-Rahman that Fatimah bint Qais told him that she was married to Abu 'Amr bin Hafs bin Al-Mughirah, who divorced her by giving her the last of three divorces. Fatimah said that she came to the Messenger of Allah and consulted him about leaving her house. He told her to move to the house of Ibn Umm Maktum, the blind man. Marwan refused to believe Fatimah about the divorced woman leaving her house. 'Urwah said: "Aishah denounced Fatimah for that."

Hisham narrated from his father that Fatimah said: "I said: 'O Messenger of Allah! My husband has divorced me three times and I am afraid that my house be broken into.' So he told her to move."

It was narrated that Ash-Sha'bi said: "I came to Fatimah bint Qais and asked her about the ruling of the Messenger of Allah concerning her. She said that her husband divorced her irrevocably, and she referred her dispute with him, concerning accommodation and maintenance, to the Messenger of Allah. She said: 'He did not give me (the right to) accommodation and maintenance, and he told me to observe my 'Iddah in the house of Ibn Umm Maktum,'"

It was narrated that Fatimah bint Qais said: "My husband divorced me and I wanted to move, so I went to the Messenger of Allah and he said: 'Move to the house of your paternal cousin 'Amr bin Umm Maktum, and observe your 'Iddah there.'" Al-Aswad hit him (Ash-Sha'bi) with a pebble and said: "Woe be to you! Why do you issue such a Fatwa? 'Umar said: 'If you bring two witnesses who will testify that they heard that from the Messenger of Allah (we will believe you), otherwise, we will not leave the Book of Allah for the word of a woman.' 'And turn them not out of their (husband's) homes nor shall they (themselves) leave, except in case they are guilty of some open Fahishah.'"

It was narrated from Jabir that his maternal aunt was divorced, and she wanted to go out to some date palms of hers, but she met a man who told her not to do that. She went to the Messenger of Allah and he said: "Go out and take the harvest of your date palms, for perhaps you will give Zakah or do some good (give voluntary charity)."

It was narrated that Abu Bakr bin Hafs said: Abu Salamah and I entered upon Fatimah bint Qais, who said: "My husband divorced me and he did not give me any accommodation or maintenance." She said: "He left with me ten measures (Aqfizah) (of food) with a cousin of his: Five of barley and five of dates. I went to the Messenger of Allah and told him about that. He said: 'He has spoken the truth.' And he told me to observe my 'Iddah in the house of so-and-so." And her husband had divorced her irrevocably.

'Ubaidullah bin 'Abdullah bin 'Utbah narrated that 'Abdullah bin 'Amr bin 'Uthman divorced the daughter of Sa'eed bin Zaid -whose mother was Hamnah bint Qais- irrevocably. Her maternal aunt Fatimah bint Qais told her to move from the house of 'Abdullah bin 'Amr. Marwan heard of that, so he sent word to her, telling her to go back to her home until her 'Iddah was over. She sent a word to him telling him that her maternal aunt Fatimah had issued a Fatwa to that effect, and she told her that the Messenger of Allah had issued a Fatwa to her, telling her to move when Abu 'Amr bin Hafs Al-Makhzumi divorced her. Marwan sent Qabisah bin Dhu'aib to Fatimah to ask her about that. She said that she had been married to Abu 'Amr when the Messenger of Allah appointed 'Ali bin Abi Talib as governor of Yemen, and he went out with him, then he sent word to her divorcing her, and that was the final divorce for her. He told her to ask Al-Harith bin Hisham and 'Ayyash for her provisions that her husband had allocated for her. They said: "By Allah, she is not entitled to any provision. So, she sent to Al-Harith bin Hisham and 'Ayyash asking them for the provisions from us unless she is pregnant, and she has no right to live in our house unless we permit her." Fatimah said that she went to the Messenger of Allah and told him about that and he said that they had told the truth. She said: "I said: 'Where shall I move to, O Messenger of Allah?' He said: 'Move to the house of Ibn Umm Maktum' -who was the blind man, concerning whom Allah rebuked him in His Book. I moved to his house, and I used to take off my outer garments." Then the Messenger of Allah married her to Usamah bin Zaid.

It was narrated from 'Amr bin Az-Zubair that Fatimah bint Abi Hubaish told him that she came to the Messenger of Allah and complained to him about (continual) bleeding. The Messenger of Allah said to her: "That is a vein. Look and when your period comes, do not pray, and when your period ends, then purify yourself and pray during the time between one period and the next."

It was narrated from Ibn 'Abbas, regarding Allah's saying: "Whatever a Verse do We abrogate or cause to be forgotten, We bring a better one or similar to it." and "And when We change a Verse in place of another -and Allah knows best what He sends down" (Al-Nahl 16:101) and "Allah blots out what He wills and confirms (what He wills). And with Him is the Mother of the Book." The first thing that was abrogated in the Qur'an was the Qiblah. And He said: "And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day." "And their husbands have better right to take them back in that period, if they wish for reconciliation." -that is because when a man divorced his wife, he had more right to take her back, even if he had divorced her three times. Then (Allah) abrogated that and said: "The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness."

Ibn 'Umar said: "I divorced my wife when she was menstruating. 'Umar went to the Prophet and told him about that. The Prophet said: 'Tell him to take her back, then when she becomes pure, if he wants to, let him divorce her.'" I said to Ibn 'Umar: "Did that count as one divorce?" He said: "Why not? What do you think if some becomes helpless and behaves foolishly."

It was narrated from Ibn 'Umar that he divorced his wife when she was menstruating. 'Umar, may Allah be pleased with him, mentioned that to the Prophet and he said: "Tell him to take her back until she menstruates again, then when she becomes pure, if he wants he may divorce her and if he wants he may keep her. This is the divorce that Allah has enjoined. Allah, the Mighty and Sublime, says: 'The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.'"

When Ibn 'Umar was asked about a man who divorced his wife when she was menstruating, he would say: "If it is the first or second divorce, the Messenger of Allah would tell him to take her back and keep her until she has menstruated again and purified herself, then divorce her before having intercourse with her. But if it was three simultaneous divorces, then you have disobeyed Allah with regard to the way in which divorce should be conducted and your wife has become irrevocably divorced."

It was narrated from Ibn 'Umar that he divorced his wife when she was menstruating, and the Messenger of Allah told him to take her back.

Ibn Tawus narrated from his father that he heard 'Abdullah bin 'Umar being asked about a man who divorced his wife when she was menstruating. He said: "Do you know 'Abdullah bin 'Umar?" He said: "Yes." He said: "He divorced his wife when she was menstruating, and 'Umar went to the Prophet and told him about that. He ordered him to take her back until she became pure," and I did not hear him adding anything to that.

It was narrated from 'Umar that the Prophet -'Amr (one of the narrators) said: "The Messenger of Allah- had divorced Hafsah, then he took her back." And Allah knows best.