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Qur'an Hadiths/Hadeeths Islamic Articles Books Audios |
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Translation of Sahih
Muslim, Book : 9
KITAB AL-TALAQ
-
THE BOOK OF DIVORCE
INTRODUCTION
The Arabic word for divorce is talaq which means "freeing or undoing the knot"
- Imam Raghib -.In the terminology of the jurists. Talaq signifies the dissolution of
marriage, or the annulment of its legality by the pronouncement of certain words.
Divorce is of three kinds: the Ahsan, or most laudable, the Hasan, or laudable,
and the Bid'a or irregular.
Talaq Ahsan or the most laudable divorce is where the husband repudiates his
wife by making one pronouncement within the term of Tahr - purity. when the woman
is not passing through the period of menses - during which he has not had sexual intercourse
with her, and she is left to observe her 'Idda.
Talaq Hasan or laudable divorce is where a husband repudiates an enjoyed wife by
three sentences of divorce, in three Tuhrs
Talaq Bid'a or irregular divorce is where a husband repudiates his wife by three
divorces at once. According to the majority of the jurists, the Talaq holds good, but
it is against the spirit of the Shari'ah, and, therefore, the man who follows this course
in divorce is an offender in the eye of Islamic Law.
The right of woman in demanding the dissolution of marriage is known as Khula'
- meaning, literally,the putting off or taking off a thing -.It is a kind of facility
provided to the wife in securing Talaq from her husband by returning a part or full
amount of the bridal gift.
We have described before that, according to Islam, marriage is a civil contract;
yet the rights and responsibilities consequent upon it are of such importance to the
welfare of humanity that a high degree of sanctity is attached to it.But, in spite of
the sacredness of the character of the marriage tie,Islam recognises the eternity of
divorce in cases when marital relations are poisoned to a degree which makes a peaceful
home life impossible.But Islam does not believe in unlimited opportunities for divorce
on frivolous and flimsy grounds, because any undue increase in tht facilities for
divorce would destroy the stability of family life.Therefore, while allowing divorce
even on genuine grounds, Islam has taken great care to introduce checks designed to
limit the use of available facilities. The French legists Planiol and Ripert have
explicitly emphasised Islam's point of view in regard to divorce in these words:
"Divorce is a mischief.However, it is a measure that cannot be avoided for the
welfare of the community, because it is the only remedy for another harm which may
be wore dangerous The prohibition of divorce, whatever harm it may imply, is like
the prohibition of surgery, because the surgeon is compelled to amputate some of the
limbs of the patient's body.However, there is no danger whatsoever, in legislating
for divorce - in accordance with the practice established by Islam - since it is not divorce
that spoils married life and dissolves its sacred tie, but the misunderstanding that arises
between the married couple and hinders the strengthening of this - union by marriage - and
demolished it.Divorce alone puts an end to the hatred that may occur between the
husband and his wife before it is aggravated and becomes an intolerable mischief to
society" - quoted by Hasan Ibrihim Hasan, Islam, Religious, Political.Social and
Economic Study, p. 274 -.
Chapter 1 : IT IS FORBIDDEN TO DIVORCE THE WOMAN DURING HER MENSES
Book 9, Number 3473:
Ibn 'Umar - Allah be pleased with them - reported that he divorced his wife
while she was menstruating during the lifetime of Allah's Messenger - may peace be
upon him -.'Umar b. Khattib - Allah be pleased with him - asked Allah's Messenger
- MAY PEACE BE UPON HIM - about it, whereupon Allah's Messenger - may peace be upon
him - said: Command him - 'Abdullah b. 'Umar - to take her back - and keep her - and
pronounce divorce when she is purified and she again enters the period of menstruation
and she is again purified - after passing the period of menses -, and then if he so desires
he may keep her and if he desires divorce her - finally - before touching her - without
having an intercourse with her -, for that is the period of waiting - 'ldda - which God,
the Exalted and Glorious, has commanded for the divorce of women.
Book 9, Number 3474:
Abdullah - b.'Umar - reported that he divorced a wife of his with the
pronouncement of one divorce during the period of menstruation.Allah's Messenger
- MAY PEACE BE UPON HIM - commanded him to take her back and keep her until she was
purified, and then she entered the period of menses in his - house - for the second time.
And he should wait until she was purified of her menses.And then if he would decide
to divorce her, he should do so when she was purified before having a sexual
intercourse with her; for that was the 'Idda which Allah had commanded for the divorce
of women.Ibn Rumh in his narration made this addition: When 'Abdullah was asked
about it, he said to one of them: If you have divorced your wife with one pronouncement
or two - then you can take her back -, for Allah's Messenger - may peace be upon
him - commanded me to do it; but if you have divorced her with three pronouncements,
then she is forbidden for you until she married another husband, and you disobeyed
Allah in regard to the divorce of your wife what He had commanded you. - Muslim
said: The word "one divorce" used by Laith is good. -
Book 9, Number 3475:
Ibn Umar - Allah be pleased with them - reported: I divorced my wife
during the lifetime of Allah's Messenger - MAY PEACE BE UPON HIM - when she was in the
state of menses.'Umar - Allah be pleased with him - made a mention of it to Allah's
Messenger - MAY PEACE BE UPON HIM -, whereupon he said: Command him to take her
back and leave her - in that state - until she is purified.Then - let her - enter the period
of second menses, and when she is purified, then divorce her - finally - before having
a sexual intercourse with her, or retain her - finally -.That is the 'Idda - the prescribed
period - which Allah commanded - to be kept in view - while divorcing the women.
'Ubaidullah reported: I said to Nafi': What became of that divorce - pronounced
within 'Idda - ? He said: It was as one which she counted.
Book 9, Number 3476:
A hadith like this has been narrated on the authority of 'Ubaidullah, but
he made no mention of the words of Ubaidullah that he said to Nafi'.
Book 9, Number 3477:
Ibn 'Umar - Allah be pleased with them - reported that he divorced his wife
during the period of menses. 'Umar - Allah be, pleas'ed with him - asked Allah's Apostle
- MAY PEACE BE UPON HIM -, and he commanded him - 'Abdullah b. 'Umar - to have her
back and then allow her respite until she enters the period of the second menses, and
then allow her respite until she is purified, then divorce her - finally - before touching
her - having a sexual intercourse with her -, for that is the prescribed period which
Allah commanded - to be kept in view - for divorcing the women.When Ibn 'Umar
- Allah be pleased with them - was asked about the person who divorces his wife in the
state of menses, he said: If you pronounced one divorce or two, Allah's Messenger
- MAY PEACE BE UPON HIM - had commanded him to take her back, and then allow her
respite until she enters the period of the second menses, and then allow her respite
until she is purified, and then divorce her - finally - before touching her - having a sexual
intercourse with her -; and if you have pronounced - three divorces at one and the same
time - you have in fact disobeyed your Lord with regard to what He commanded you
about divorcing your wife.But she is however - finally separated from you -.
Book 9, Number 3478:
Abdullah b. 'Umar - Allah be pleased with them - reported: I divorced my
wife while she was in the state of menses.'Umar - Allah be pleased with him - made
mention of it to Allah's Apostle - MAY PEACE BE UPON HIM - and he was enraged and he
said: Command him to take her back until she enters the second ensuing menses other
than the one in which he divorced her and in case he deems proper to divorce her, he
should pronounce divorce - finally - before touching her - in the period - when she is
purified of her menses, and that is the prescribed period in regard to divorce as Allah
has commanded.'Abdullah made a pronouncement of one divorce and it was counted
in case of divorce.'Abdullah took her back as Allah's Messenger - may peace be upon
him - had commanded him.A hadith like this was reported on the authority of Zuhri
with the same chain of narrators.Ibn Umar - Allah be pleased with them -, however,
said: I took her back, and counted this pronouncement of divorce - as valid - with which
I divorced her.
Book 9, Number 3479:
Ibn 'Umar - Allah be pleased with them - reported that he divorced his wife
while she was in the state of menses.'Umar - Allah be pleased with him - made mention
of it to Allah's Apostle - MAY PEACE BE UPON HIM - and he said: Command him to
take her back, then divorce her when she is pure or she is pregnant.
Book 9, Number 3480:
Ibn 'Umar - Allah be pleased with them - reported that he divorced his wife
while she was in her menses.'Umar - Allah be pleased with him - asked Allah's Apostle
- MAY PEACE BE UPON HIM - about that, and he said: Command him to take her back
until she is pure and then she enters the second menses and then becomes pure.Then
either divorce her - finally - or retain her.
Book 9, Number 3481:
Ibn Sirin reported: One who was blameless - as a narrator - narrated to me
for twenty years that Ibn 'Umar - Allah be pleased with him - pronounced three
divorces to his wife while she was in the state of menses.He was commanded to take
her back. I neither blamed them - the narrators - nor recognised the hadith - to be
perfectly genuine - until I met Abu Ghallab Yunus b. Jubair al-Bahili and he was very
authentic, and he narrated to me that he had asked Ibn 'Umar - Allah be pleased with
there - and he narrated it to him that he made one pronouncement of divorce to his
wife as she was in the state of menses, but he was commanded to take her back.I
said: Was it counted - as one pronouncement -?He said: Why not, was I helpless or
foolish ?
Book 9, Number 3482:
A hadith like this has been transmitted on the authority of Ayyub with a
slight variation of words.
Book 9, Number 3483:
Ayyub reported a hadith like this with the same chain of narrators and
he said: Umar - Allah be pleased with him - asked Allah's Apostle - may peace be upon
him - about it and he commanded him that he should take her back until she is
divorced in the state of purity without having a sexual intercourse with her, and
said: Divorce her in the beginning of her 'Idda or her 'Idda commences.
Book 9, Number 3484:
Yunus b. Jubair reported: I said to Ibn'Umar - Allah be pleased with them -:
A person divorcedhis wife while she was in the state of menses, whereupon he said: Do
you know 'Abdullah b. Umar - Allah be pleased with them -, for he divorced his wife in
the state of menses. 'Umar - Allah be pleased with him - came to Allah's Apostle - may
peace be upon him - and asked him, and he - the Holy Prophet - commanded him that
he should take her back, and she started her 'Idda. I said to him: When a person
divorces his wife, and she is in the state of menses, should that pronouncement of
divorce be counted?He said: Why not, was he hopless or foolish?
Book 9, Number 3485:
Ibn 'Umar - Allah be pleased with them - reported: I divorced my wife while
she was in the state of menses. 'Umar - Allah he pleased wish him - came toAllah's
Apostle - MAY PEACE BE UPON HIM - and made mention of that to him, whereupon
Allah's Apostle - MAY PEACE BE UPON HIM - told that be should take her back, and when
she is pure he may divorce her. if he would so wish. I - one of the narrators - said to
Ibn 'Umar - Allah be pleased with them -: Did you count - this pronouncement of divorce -
in her case?He said: What - after all - prevents him from doing so?Do you find him
- Ibn Umar - either helpless or foolish?
Book 9, Number 3486:
Anas b. Sirin reported: I asked Ibn 'Umar - Allah be pleased with them -
about the woman whom he had divorced.He said: I divorced her while she was in the
state of menses.It was mentioned to 'Umar - Allah be pleased with him - and he then
made a mention of that to Allah's Apostle - MAY PEACE BE UPON HIM -, whereupon he
said: Command him to take her back and when the period of menses is over, then - he
may divorce her in the state of her purity.He - Ibn Umar - said: So I took her back,
then divorced her in her purity.I - the narrator - said: Did you count that divorce
which you pronounced in the state of menses?He said: Why should I not have counted
that?Was I helpless or foolish?
Book 9, Number 3487:
Anas b. Sirin reported that he had heard Ibn 'Umar - Allah be pleased with
them - as saying.I divorced my wife while she was in the state of menses.'Umar
- Allah be pleased with him - came to Allah's Apostle - MAY PEACE BE UPON HIM - and
informed him about it, whereupon he - Allah's Apostle - said: Command him to take her
back and when she is pure, then divorce her.I said to Ibn 'Umar Allah be pleased
with them -: Did you count that pronouncement of divorce? He said: Why not? This
hadith has been narrated on the authority of Shu'ba with the same chain of transmitters
but with a slight variation in wording.
Book 9, Number 3488:
Ibn Tawus narrated on the authority of his father that Ibn 'Umar - Allah
be pleased with them - was asked about the person who divorced his wife in the state of
menses, whereupon he said: Do you know 'Abdullah b. Umar?He said: Yes.He
said: It was he who divorced his wife jn the state of menses and 'Umar went to Allah's
Apostle - MAY PEACE BE UPON HIM - and gave him this information. and he commanded
him that he should take her back; and he - Abu Tawus - said: I did not hear any addition
to this - hadith - from my father.
Book 9, Number 3489:
Abu Zubair reported that he heard 'Abd al-Rahman b. Aiman - the freed
slave of 'Azza - say that he asked Ibn 'Umar - Allah be pleased with them - and Abu
Zubair heard: What is your opinion about the person who divorced his wife in the
state of menses?Thereupon he said: Ibn Umar - Allah be pleased with them - divorced
his wife during the lifetime of Allah's Messenger - MAY PEACE BE UPON HIM - while she was
in the state of menses. Upon this Allah's Messenger - MAY PEACE BE UPON HIM - told
him to take her back and so he took her back and he - further - said: When she is pure,
then either divorce her or retain her.Ibn 'Umar - Allah be pleased with them - said
that Allah's Apostle - MAY PEACE BE UPON HIM - then recited this verse: "O Apostle,
when you divorce women, divorce them at the commencement of their prescribed
period" - Ixv 1 -.
Book 9, Number 3490:
A hadith like this is reported on the same authority - but with this difference that
the narrator - 'Abd al-Rahman b. Aiman - was mentioned - as the freed slave
of 'Urwa - Imam Muslim said: He made a mistake who said that it was 'Urwa; it was
in fact the freed slave of 'Azza. -
Chapter 2 : PRONOUNCEMENT OF THREE DIVORCES
Book 9, Number 3491:
Ibn 'Abbas - Allah be pleased with them - reported that the - pronouncement -
of three divorces during the lifetime of Allah's Messenger - MAY PEACE BE UPON HIM - and
that of Abu Bakr and two years of the caliphate of Umar - Allah be pleased with him -
- was treated - as one.But Umar b. Khattab - Allah be pleased with him - said: Verily
the people have begun to hasten in the matter in which they are required to observe
respite.So if we had imposed this upon them, and he imposed it upon them.
Book 9, Number 3492:
Abu Sahba' said toIbn 'Abbas - Allah be pleased with them -: Do you know
that three - divorces - were treated as one during the lifetime of Allah's Apostle - may
peace be upon him -, and that of Abu Bakr, and during three - years - of the caliphate
of Umar - Allah be pleased with him -?Ibn Abbas - Allah be pleased with them - said:
Yes.
Book 9, Number 3493:
Abu al-Sahba' said to Ibn 'Abbas: Enlighten us with your information
whether the three divorces - pronounced at one and the same time - were not treated as
one during the lifetime of Allah's Messenger - MAY PEACE BE UPON HIM - and Abu Bakr.He
said: It was in fact so, but when during the caliphate of 'Umar - Allah be pleased with
him - people began to pronounce divorce frequently, he allowed them to do so - to treat
pronouncements of three divorces in a single breath as one -.
Chapter 3 : ATONEMENT IS ESSENTIAL FOR ONE WHO MADE HIS WIFE
UNLAWFUL FOR HIMSELF WITHOUT THE INTENTION OF DIVORCE
Book 9, Number 3494:
Ibn Abbas - Allah be pleased with them - reported about - declaring of one's
woman - unlawful as an oath which must be atoned, and Ibn 'Abbas said: Verily, there
is in the Messenger of Allah - MAY PEACE BE UPON HIM - a model pattern for you.
Book 9, Number 3495:
Ibn Abbas - Allah be pleased with them - reported: When a man declares his
wife unlawful for himself that is an oath which must be atoned, and he said:
There is in the Messenger of Allah - MAY PEACE BE UPON HIM - a noble pattern for you.
Book 9, Number 3496:
'A'isha - Allah be pleased with her - narrated that Allah's Apostle - may
peace be upon him - used to spend time with Zainab daughter of Jahsh and drank
honey at her house.She - 'A'isha further - said: I and Hafsa agreed that one whom
Allah's Apostle - MAY PEACE BE UPON HIM - would visit first should say: I notice that
you have an odour of the Maghafir - gum of mimosa -.He - the Holy Prophet - visited
one of them and she said to him like this, whereupon he said: I have taken honey in
the house of Zainab bint Jabsh and I will never do it again.It was at this - that the
following verse was revealed -: 'Why do you hold to be forbidden what Allah has
made lawful for you ... - up to -.If you both - 'A'isha and Hafsa - turn to Allah" up to:
"And when the Holy Prophet confided an information to one of his wives" - lxvi. 3 -.
This refers to his saying: But I have taken honey.
Book 9, Number 3497:
'A'isha - Allah be pleased with her - reported Allah's Messenger - may peace
be upon him - liked sweet - dish - and honey.After saying the afternoon prayer he used
to visit his wives going close to them.So he went to Hafsa and stayed with her more
than what was his usual stay.I - 'A'isha - asked about that.It was said to me: A woman
of her family had sent her a small vessel of honey as a gift, and she gave to Allah's
Messenger - MAY PEACE BE UPON HIM - from that a drink. I said: By Allah, we would
also contrive a device for him. I mentioned that to Sauda, and said: When he - Allah's
Apostle - would visit you and draw close to you, say to him: Allah's Messenger, have
you taken maghafir? And he would'say to you: No. Then say to him: What is this odour?
And Allah's Messenger - MAY PEACE BE UPON HIM - felt it very much that unpleasant
odour should emit from him.So he would say to you: Hafsa has given me a drink of
honey. Then you should say to him: The honey-bees might have sucked 'Urfut, and I
would also say the same to him and. Safiyya, you should also say this.So when he
- the Holy Prophet - came to Sauda, she said: By Him besides whom there is no god, it
was under compulsion that I had decided to state that which you told me when he
would be at a little distance at the door.So when Allah's Messenger - may peace be
upon him - came near, she said: Messenger of Allah, did you eat Maghafir?He said:
No. She - again - said: Then what is this odour?He said: Hafsa gave me honey to
drink.She said: The honey-bee might have sucked 'Urfut.When he came to me I told
him like this.He then visited Safiyya and she also said to him like this.When he
- again - visited Hafsa, she said: Messenger of Allah, should I not give you that - drink -?
He said: I do not need that. Sauda said: Hallowed be Allah, by Him we have - contrived -
to make that - honey - unlawful for him.I said to her: Keep quiet.This hadith
has been narrated on the authority of 'Urwa with the same chain of transmitters.
Chapter 4 : MERE GIVING OF OPTION OF DIVORCE TO WOMEN DOES NOT
MAKE THE DIVORCE EFFECTIVE, BUT WHEN IT IS REALLY INTENDED
Book 9, Number 3498:
'A'isha - Allah be pleased with her - reported: When the Messenger of Allah
- MAY PEACE BE UPON HIM - was commanded to give option to his wives, he started it
from me saying: I am going to mention to you a matter which you should not - decide -
in haste until you have consulted your parents.She said that he already knew that my
parents would never allow me to seek separation from him She said: Then he said:
Allah, the Exalted and Glorious, said: Prophet, say to thy wives: If you desire this
world's life and its adornment, then come, I will give you a provision and allow you
to depart a goodly departing; and if you desire Allah and His Messenger and the
abode of the Hereafter, then Allah has prepared for the doers of good among you a
great reward She is reported to have said : About what should I consult my parents, for
I desire Allah and His Messenger and the abode of the Hereafter? She - 'A'isha - said:
Then all the wives of Allah's Messenger - MAY PEACE BE UPON HIM - did as I had done.
Book 9, Number 3499:
'A'isha - Allah be pleased with her - reported that Allah's Messenger - may
peace be upon him - sought our permission when he had a - turn to spend - a day with
- one of his wives - amongst us - whereas he wanted to visit his other wives too -.It was
after this that this verse was revealed: "Thou mayest put off whom thou pleasest of
them, and take for thee whom thou pleasest" - xxxiii. 5 -.
Mu'adha said to her: What did you say to Allah's Messenger - may peace be
upon him - when he sought your permission ? She said: I used to say: If it had the
option in this I would not have - allowed anyone - to have precedence over me.
Book 9, Number 3500:
'A'isha reported: Allah's Messenger - MAY PEACE BE UPON HIM - gave us the
option - to get divorce - but we did not deem it as divorce.
Book 9, Number 3501:
Masruq reported: I do not mind if I give option to my wife - to get divorce -
once, hundred times, or thousand times after - knowing it - that she has chosen me
- and would never seek divorce -.I asked 'A'isha - Allah be pleased with her - - about it -
and she said: Allah's Messenger - MAY PEACE BE UPON HIM - gave us the option, but did
it imply divorce? - It was in fact not a divorce; it is effective when women actually
avail themselves of it. -
Book 9, Number 3502:
'A'isha reported that Allah's Messenger - MAY PEACE BE UPON HIM - gave
option to his wives, but it was not a divorce.
Book 9, Number 3503:
'A'isha - Allah be pleased with her - reported: Allah's Messenger - may peace
be upon him - gave us the option - to get divorce - and we chose him and he did not
count it a divorce.
Book 9, Number 3504:
'A'isha - Allah be pleased with her - reported: Allah's Messeinger - may peace
be upon him - gave us the option - to get divorce -, but me made a choice of him and
he did not count anything - as divorce - in regard to us.
Book 9, Number 3505:
A hadith like this has been transmitted on the authority of 'A'isha through
another chain of narrators.
Book 9, Number 3506:
Jabir b. 'Abdullah - Allah be pleased with them - reported: Abu Bakr - Allah
be pleased with him - came and sought permission to see Allah's Messenger - may peace
be upon him -.He found people sitting at his door and none amongst them had been
granted permission, but it was granted to Abu Bakr and he went in.Then came 'Umar
and he sought permission and it was granted to him, and he found Allah's Apostle
- MAY PEACE BE UPON HIM - sitting sad and silent with his wives around him.He - Hadrat
'Umar - said: I would say something which would make the Holy Prophet - may peace
be upon him - laugh, so he said: Messenger of Allah, I wish you had seen - the treatment
meted out to - the daughter ofKhadija when you asked me some money, and I got up and
slapped her on her neck.Allah's Messenger - mav peace be upon him - laughed and said:
They are around me as you see, asking for extra money.Abu Bakr - Allah be pleased with
him - then got up went to 'A'isha - Allah be pleased with her - and slapped her on the
neck, and 'Umar stood up before Hafsa and slapped her saying: You ask Allah's Messenger
- MAY PEACE BE UPON HIM - which he does not possess.They said: By Allah, we do not ask
Allah's Messenger - MAY PEACE BE UPON HIM - for anything he does not possess.Then he
withdrew from them for a month or for twenty-nine days.Then this verse was revealed
to him: "Prophet: Say to thy wives . . . for a mighty reward" - xxxiii. 28 -.He then
went first to 'A'isha - Allah be pleased with her - and said: I want to propound something
to you, 'A'isha, but wish no hasty reply before you consult your parents.She said:
Messenger of Allah, what is that?He - the Holy Prophet - recited to her the verse,
whereupon she said: Is it about you that I should consult my parents, Messenger of
Allah?Nay, I choose Allah, His Messenger, and the Last Abode; but I ask you not to
tell any of your wives what I have said He replied: Not one of them will ask me
without my informing her.God did not send me to be harsh, or cause harm, but He
has sent me to teach and make things easy.
Chapter 5 :ILA'AND KEEPING AWAY FROM THE WIVES
Book 9, Number 3507:
'Umar b. al-Khattab - Allah be pleased with him - reported: When Allah's
Apostle - MAY PEACE BE UPON HIM - kept himself away from his wives, I entered the
mosque, and found people striking the ground with pebblesand saying: Allah's
Messenger - MAY PEACE BE UPON HIM - has divorced his wives, and that was before they
were commanded to observe seclusion 'Umar said to himself: I must find this - actual
position - today.So I went to 'A'isha - Allah be pleased with her - and said - to her -:
Daughter of Abu Bakr, have you gone to the extent of giving trouble to Allah's Messenger
- MAY PEACE BE UPON HIM -?Thereupon she said: Son of Khattab, you have
nothing to do with me, and I have nothing to do with you.You should look to your
own receptacle. He - 'Umar - said: I visited Hafsa daughter of 'Umar, and said to
her: Hafsa, the - news - has reached me that you cause Allah's Messenger - may peace be
upon him - trouble.You know that Allah's Messenger - MAY PEACE BE UPON HIM - does not
love you, and had I not been - your father - he would have divorced you. - On hearing
this - she wept bitterly.I said to her: Where is Allah's Messenger - may peace be upon
him -?Shesaid: He is in the attic room.I went in and found Rabah, the servant of Allah's
Messenger - MAY PEACE BE UPON HIM -,sitting on the thresholds of the window dangling
his feet on the hollow wood of the date-palm with the help of which Allah's Messenger
- MAY PEACE BE UPON HIM - climbed - to the apartment - and came down.I cried: 0 Rabah,
seek permission for me from Allah's Messenger - way peace be upon him -. Rabah cast a
glance at the apartment and then looked toward me but said nothing. I again said:
Rabah, seek permission for me from Allah's Messenger - MAY PEACE BE UPON HIM -.Rabah
looked towards the apartment and then cast a glance at me, but said nothig. I then
raised my voice and said: 0 Rabah, seek permission for me from Allah's Messenger
- MAY PEACE BE UPON HIM -. I think that Allah's Messenger - MAY PEACE BE UPON HIM - is
under the impression that I have come for the sake of Hafsa.By Allah, if Allah's
Messenger - MAY PEACE BE UPON HIM - would command me to strike her neck, I would
certainly strike her neck. I raised my voice and he pointed me to climb up - and get
into his apartment -. I visited Allah's Messenger - MAY PEACE BE UPON HIM -, and
he was lying on a mat.I sat down and he drew up his lower garment over him and he
had nothing - else - over him, and that the mat had left its marks on his sides. I looked
with my eyes in the store room of Allah's Messenger - MAY PEACE BE UPON HIM -. I found
only a handful of barley equal to one sa' and an equal quantity of the leaves of Mimosa
Flava placed in th- t nook of the cell, and a semi-tanned leather bag hanging - in one
side -, and I was moved to tears - on seeing this extremely austere living of the Holy
Piophet -, and he said: Ibn Khattab, what wakes you weep? I said: Apostle of Allah,
why should I not shed tears?This mat has left its marks on your sides and I do not
see in your store room - except these few things - that I have seen ; Ceasar and Closroes
are leading their lives in plenty whereas you are Allah's Messenger.His chosen one,
and that is your store ! He said: Ibn Khattab, aren't you satisfied that for us - there
should be the prosperity - of the Hereafter, and for them - there should be the prosperity
of - this world?I said: Yes.And as I had entered I had seen the signs of anger on
his face, and I therefore, said: Messenger of Allah, what trouble do you feel from your
wives, and if youhave divorced them, verily Allah is with you, His angels, Gabriel,
Mika'il, I and Abu Bakr and the believers are with you.And seldom I talked and
- which I uttered on that day - I hoped that Allah would testify to my words that I uttered.
And so the verse of option - Ayat al-Takhyir - was revealed.Maybe his Lord, if he
divorce you, will give him in your place wives better than you . . ." - Ixv. 5 -.And if
you back up one another against him, then surely Allah is his Patron, and Gabriel and
the righteous believers, and the angels after that are the aidera - lvi. 4 -.And it was
'A'isha,daughter of Abu Bakr, and Hafsa who had prevailed upon all the wives of
Allah's Prophet - way peace be upon him - for - pressing them for mote money -.I said:
Messenger of Allah, have you divorced them?He said: No. I said: Messenger of Allah,
I entered the mosque and found the Muslims playing with pebbles - absorbed in
thought - and saying: Allah's Messenger has divorced his wives.Should I get down
and inform there that you have not divorced them?He said: Yes, if you so like.
And I went on talking to him until I - found - the signs of anger disappeared on
his face and - his seriousness was changed to a happy mood and as a result thereof -
his face had the natural tranquillity upon it and he laughed and his teeth were the
most charming - among the teeth - of all people.Then Allah's Apostle - may peace be
upon him - climbed down and I also climbed down and catching hold of the wood of the
palm-tree and Allah's Messenger - MAY PEACE BE UPON HIM - came down - with such ease -
as if he was walking on the ground, not touching anything with his hand - to get
support -. I said: Messenger of Allah, you remained in your apartment for twenty-nine
days.He said: - At times - the month consists of twenty-nine days.I stood at the door
of the mosque and I called out at the top of my voice: The Messenger of Allah - may
peace be upon him - has not divorced his wives - and it was on this occasion that this -
verse was revealed: "And if any matter pertaining to peace or alarm comes within
their ken, they broadcast it; whereas, if they would refer it to the Apostle and those
who have been entrusted with authority amongst them, those of them who are engaged
in obtaining intelligence would indeed know - what to do with - it" - iv 83 -.
And it was I who understood this matter, and Allah revealed the verse pertaining
to option - given to the Holy Prophet - MAY PEACE BE UPON HIM in regard to the
retaining or divorcing of his wives -.
Book 9, Number 3508:
Abdullah b. Abbas - Allah be pleased with tlicm - reported: I intended to
ask 'Umar b. al-Khattab - Allah be pleased with him - about a verse, but I waited for
one year to ask him out of his fear, until he went out for Pilgrimage and I also
accompanied him.As he came back and we were on the way he stepped aside towards
an Arak tree to ease himself.I waited for him until he was free. I then walked
along with him and said: Commander of the Faithful, who are the two among the
wives of Allah's Messenger - MAY PEACE BE UPON HIM - who backed up one another - in
their demand for extra money -?He said: They were Hafsa and 'A'isha - Allah be
pleased with them -.I said to him: It is for one year that I intended to ask you about
this matter but I could not date so on account of the awe for you.He said: Don't do
that.If you think that I have any knowledge, do ask me about that.And if I were to
know that, I would inform you. He - the narrator - stated that 'Umar had said: By
Allah, during the days of ignorance we had no regard for women until Allah the Exalt-
ed revealed about them what He has revealed, and appointed - turn - for them what he
appointed.He said: It so happened that I was thinking about some matter that my wife
said: I wish you had done that and that.I said to her: It does not concern you and
you should not feel disturbed in a matter which I intend to do.She said to me: How
strange is it that you, O son of Khattab, do not like anyone to retort upon you,
whereas your daughter retorts upon Allah's Messenger - may peace be upou him - until he
spends the day in vexation.'Umar said: I took hold of my cloak, then came out of
my house until I visited Hafsa and said to her: O daughter, - I heard - that you retort
upon Allah's Messenger - MAY PEACE BE UPON HIM - until he spends the day in vexation,
whereupon Hafsa said: By Allah, we do retort upon him.I said: You should bear in
mind, my daughter, that I warn you against the punishment of Allah and the wrath
of His Messenger - MAY PEACE BE UPON HIM -.You may not be misled by one whose
beauty has fascinated her, and the love of Allah's Messenger - MAY PEACE BE UPON HIM -
for her.I - 'Umar - then visited Umm Salama because of my relationship with her
and I talked to her.Umm Salama said to me: Umar b. al-Khattab, how strange is it
that you meddle with every matter so much so that you are anxious to interfere
between Allah's Messenger - MAY PEACE BE UPON HIM - and his wives, and this perturbed
me so much that I refrained from saying what I had to say, so I came out of her
apartment, and I had a friend from the Anar.When I had been absent - from the
company of the Holy Prophet - he used to bring me the news and when he had been
absent I used to bring him the news, and at that time we dreaded a king of Ghassan.
It was mentioned to us that he intended to attack us, and our minds were haunted
by him. My friend, the Ansari, came to me, and he knocked at the door and said: Open
it, open it. I said: Has the Ghassani come?He said: - The matter is - more serious
than that.The Messenger of Allah - MAY PEACE BE UPON HIM - has separated himself from
his wives.I said: Let the nose of Hafsa and 'A'isha be besmeared with dust.I then
took hold of my cloth and went out until I came and found Allah's Messenger - may
peace be upon him - in his attic to which he climbed by means of a ladder made of
date-palm, and the servant of Allah's Messenger - MAY PEACE BE UPON HIM - who
was black had been sitting at the end of the ladder.I said: This is Umar.
So permission was granted to me.I narrated this news to Allah's Messenger - may peace
be upon him - and as I narrated the news concerning Umm Salama, Allah's Messenger
- MAY PEACE BE UPON HIM - smiled.He was lying on the mat and there was nothing
between him and that - mat -, and under his head there was a pillow made of leather
and it was stuffed with plam fibres and at his feet were lying a heap of sant tree - acacia
niloctica, meant for dyeing - and near his head there was hanging a hide.And I saw
the marks of the maton the side of Allah's Messenger - MAY PEACE BE UPON HIM -,
and so I wept.He said: What makes you weep? I said: Messenger of Allah, the
Khusrau and the Ceasars - spendd their lives in - the midst of - luxuries -, whereas you
being Allah's Messenger - are leading your life in this poverty -.Thereupon Allah's
Messenger - MAY PEACE BE UPON HIM - said: Don't you like that they should have riches
of their world, and you have the Hereafter.
Book 9, Number 3509:
Ibn Abbas - Allah be pleased with them - said: I came along with Umar
until we reached Marr al-Zahran - the name of a place -, and the rest of the hadith is the
same as narrated by Sulaiman b. Bilal - except with - the variation - of words - that
I said: - What - about these two women?He said: They were Hafsa and Umm Salama.
And he made this addition: I came to the apartments and in every apartment there
was - the noise - of weeping.And this addition was also made: And he - the Holy Prophet -
had taken an oath of remaining away from them for a month, and when twenty-nine
days had passed, he visited them.
Book 9, Number 3510:
Ibn Abbas - Allah be pleased with them - is reported to have said: I intended to ask
Umar about those two ladies who had pressed for - worldly riches - during
the lifetime of the Holy Prophet - MAY PEACE BE UPON HIM -, and I kept waiting for one
year, but found no suitable opportunity with him until I happened to accompany
him to Mecca.And as he reached Marr al Zahran he went away to answer the call of
nature, and he said - to me -: Bring me a jug of water, and I took that to him.After
having answered the call of nature, as he came back, I began to pour water - over his
hands and feet -, and I remembered - this event of separation of Allah's Apostle
[may peace be upon him] from his wives -.So I said to him: Commander of the
Faithful, who are the two ladies - who had pressed the Holy Prophet [may peace be
upon him] for providing comforts of life - and I had not yet finished my talk when
he said: They were 'A'isha and Hafsa.
Book 9, Number 3511:
Ibn 'Abbas - Allah be pleased with them - reported.I had always been
anxious to ask 'Umar - Allah be pleased with him - about the two ladies amongst the
wives of Allah's Prophet - may peace be upon Lim - about whom Allah, the Exalted,
said: "If you both turn in repentance to Allah, then indeed your hearts are inclined
- to this -" - Ixvi. 4 -, until 'Umar - Allah be pleased with him - set out for Hajj and I
also went along with him. And as we were going along a path, 'Umar - Allah be pleased
with hiyn - went aside and I also went aside with him with a jug - of water -.He
answered the call of nature, and then came to me and I poured water over his hands
and he performed ablution I said: Commander of the Faithful, who are the two ladies
amongst the wives of Allah's Prophet - MAY PEACE BE UPON HIM - about whom Allah,
the Exalted and Majestic, said: 'If you both turn to Allah in repentance, then indeed
your heart are inclined to it"? 'Umar - Allah he pleased with him - said: How strange
is it for you, Ibn 'Abbas! - Zuhri said: By Allah, he disliked what he asked about, but
did not keep it a secret. - He - 'Umar - said: They are Hafsa and 'A'isha; and he then
began to narrate the hadith and said: We were such people among the Quraish who
dominated women, and as we reached Medina we found there people who were
dominated by their women, and our women began to learn - the habits - of their women.
He further said: And my house was situated in the suburb of Aledina in the tribe of
Banu Umayya b. Zaid.One day I became angry with my wife and she retorted upon
me. I did not like that she should retort upon me.She said: You disapprove of my
retorting upon you By Allah, the wives of Allah's Apostle - MAY PEACE BE UPON HIM -
retort upon him, and one of them detaches herself from him for the day until the
night.So I - 'Umar - went out and visited Hafsa and said: Do you retort upon Allah's
Messenger - MAY PEACE BE UPON HIM -?She said: Yes.I said; Does any one of you
detach herself from him from the day to the night?She said: Yes.He said: She who
did like it amongst you in fact failed and incurred loss.Does everyone amongst you
not fear the wrath of Allah upon her due to the wrath of His Messenger - may peace be
upon him -, and - as a result thereof - she may perish?So do not retort upon Allah's
Messenger - MAY PEACE BE UPON HIM - and do not ask him for anything, but ask me that
which you desire, - and the frank behaviour - of your companion may not mislead you,
if she is more graceful and is dearer to Allah's Messenger - MAY PEACE BE UPON HIM -
than you - meaning 'A'isha - - Allah be pleased with her -.He - Hadrat 'Umar further -
said: I had a compalaion from the Ansar and, we used to remain in the company of
the Messenger - MAY PEACE BE UPON HIM - turn by turn.He remained there for a day while
I remained there on the other day, and he brought me the news about the revelation
and other - matter -, and I brought him - the news - like this.And we discussed that the
Ghassanids were shoeing the horses in order to attack us.Id y companion once attended
- the Apostle -. and then came to me at night and knocked at my door and called me, and
I came out to him, and he said: A matter of great importance has happened. I said:
What is that?Have the Ghassanids come?He said: No, but even more serious and
more significant than that: the Holy Prophet - MAY PEACE BE UPON HIM - has divorced
his wives.I said: Hafsa has failed and has incurred loss. and I feared that it would
happen.When it was dawn I observed the dawn prayer and dressed myself, and then
came there - in the house of the Holy Prophet - and visited Hafsa, and she was weeping. I
said: Has Allah's Messenger - MAY PEACE BE UPON HIM - divorced you - all -?She said: I do
not know.He has, however, separated himself in his attic. I came to a black servant and
said to him: Seek permission for 'Umar.He went in and then came to me and said: I
made mention of you to him, but he kept quiet. I then went to the pulpit and sat
there, and there was a group of people sitting by it and some of then were weeping.
I sat there for some time, until I was overpowered - by that very idea - which was in
my mind.I then came back to the boy and said to him: Seek permission for Umar.
He went in and came to me and said: I made mention of you to him but he kept
quiet.I was about to turn back when the boy called me and said: Go in; permission
has been granted to you.I went in and greeted Allah's Messenger - may peace be upon
him - and he was reclining against the couch of mat and it had left its marks upon his
side. I said: Messenger of Allah, have you divorced your wives?He raised his head
towards me and said: No. I said: Allah is the Greatest.Messenger of Allah, I wish
if you had seen how we the people of Quraish had domination over women but
when we came to Medina we found people whom their women dominated. So our
women began to learn from their women.One dily I became angry with my wife
and she began to retort upon me. I did not approve that she should retort upon me.
She said: You do not like that I should retort upon you, but, by Allah. the wives of
Allah's Apostle - MAY PEACE BE UPON HIM - retort upon him and any one of them separates
herself from him for a day until night. I said: He who did that amongst them in fact
failed and incurred loss. Does any of them feel sate from the wrath of Allahupon her
due to the wrath of Allah's Messenger - MAY PEACE BE UPON HIM -, and she has certainly
perished.Allah's Messtnger - MAY PEACE BE UPON HIM - smiled, I said: Messenger of Allah,
I visited Hafsa and said: - The behaviour - of your companion - 'A'isha - may not mislead
you, If she is more graceful than you and is dearer to Allah's Messenger - may peace
be upon him - than you.Allah's Messenger - MAY PEACE BE UPON HIM - smiled for the
second time.I said: Allah's Messenger, way I talk to you about agreeable things?He
said: Yes. I sat down and lifted my head - to see things - in the house and, by Allah,
I did not see anything significant besides three hides.I said: Messenger of Allah,
supplicate the Lord that He should make - life - prosperous for your Ummah as He has
made plentiful for the people of Persia and Rome - in spite of the fact - that they do
no, worship Allah, the Exalted and Majestic, whereupon he - Allah's Messenger - sat up
an I then said : Ibn Khattab, do you doubt that they are a nation whom their nice
things have been given immediately in the life of this world.I said: Allah's
Messenger! seek pardon for me.And he - Allah's Messenger - had taken an oath that
he would not visit them for a month due to extreme annoyance with them until Allah
showed His displeasure to him - Allah's Messenger -.Zuhri said: 'Urwa informed me
that 'A'Isha - Allah be pleased with her - said: When twenty-nine nights were over,
Allah's Messenger - MAY PEACE BE UPON HIM - visited me, and he began - his visit - with
me. I said: Messenger of Allah, you had taken an oath that you would not visit us for
a month, while you have visited after I have counted only twenty-nine - nights -.
Thereupon he said: The month may also be of twenty-nine - days -.He then said:
'A'isha, I am going to talk to you about a matter, and you should not be hasty in
it - and do not give your final decision - until you have consulted your parents.He then
recited this verse to me: "O Prophet, say to your wives" till he reached "mighty
reward" - xxxiii. 28 -. 'A'isha - Allah be pleased with her - said: By Allah, he knew
that my parents would not allow me to separate from him. I said: Is there any need
to consult my parents in this matter? I in fact choose Allah and His Messenger - may
peace be upon him - and the abode in the Hereafter.Ma'mar said: Ayyub reported to
me that 'A'isha said: Don't inform your wives that I have chosen you, whereupon
Allah's Apostle - MAY PEACE BE UPON HIM - said: Verily Allah has sent me as a conveyer
of message, and He has not sent me as a source of hardship - to others -.Qatada said:
"Saghat qulubukum" means "Your hearts have inclined."
Chapter 6 :THERE IS NO MAINTENANCE ALLOWANCE FOR ONE WHO HAS
BEEN GIVEN IRREVOCABLE DIVORCE
Book 9, Number 3512:
Fatima bint Qais reported that Abu 'Amr b. Hafs divorced her absolutely
when he was away from home, and he sent his agent to her with some barley.She was
displeased with him and when he said: I swear by Allah that you have no claim on us.
she went to Allah's Messenger - MAY PEACE BE UPON HIM - and mentioned that to him.
He said: There is no maintenance due to you from him, and he commanded her to
spend the 'Idda in the house of Umm Sharik, but then said: That is a woman whom
my companions visit. So better spend this period in the house of Ibn Umm
Maktum, for he is a blind man and yon can put off your garments. And when the
'Idda is over, inform me. She said: When my period of 'Idda was over, I mentioned
to him that Mu'awiya b. Abu Sufyan and Jahm had sent proposal of marriage to me,
whereupon Allah's Messenger - MAY PEACE BE UPON HIM - said: As for Abu Jahm, he does
not put down his staff from his shoulder, and as for Mu'awiya, he is a poor
man having no property; marry Usama b. Zaid.I objected to him, but he again said:
Marry Usama; so I married him.Allah blessed there in and I was envied - by others -.
Book 9, Number 3513:
Fatima bint Qais reported that her husband divorced her during the life
time of Allah's Prophet - MAY PEACE BE UPON HIM - and gave her a meagre maintenance
allowance.When she saw that, she said: By Allah, I will inform Allah's Messenger
- MAY PEACE BE UPON HIM -, and if maintenance allowance is due to me then I will
accept that which will suffice me, and if it is not due to me, I will not accept anything
from him.She said: I made a mention of that to Allah's Messenger - may peace be upon
him - and he said: There is neither maintenance allowance for you nor lodging.
Book 9, Number 3514:
Fatima bint Qais reported that her husband al-Makhzulmi divorced her and
refused to pay her maintenance allowance.So she came to Allah's Messenger - may
peace he upon him - and informed him, whereupon he said: There is no maintenance
allowance for you, and you better go to the house of Ibn Umm Maktum and live with
him for he is a blind man and you can put off your clothes in his house - i.e. you shall
not face much difficulty in observing purdah there -.
Book 9, Number 3515:
Abu Salama reported that Fatima bint Qais, the sister of al-Dahhak b. Qais
informed him that Abu Hafs b. Mughira al-Makhzumi divorced her three times and then
he proceeded on to the Yemen.The members of his family said to her: There is no
maintenance allowance due to you from us.Khalid b. Walid along with a group of
persons visited Allah's Messenger - MAY PEACE BE UPON HIM - in the house of Maimuna
and they said: Abu Hafs has divorced his wife with three pronouncements; is there
any maintenance allowance due to her?Thereupon Allah's Messenger - may peace be
upon him - said: No maintenance allowance is due to her, but she is required to spend
the 'Idda; and he sent her the message that she should not be hasty in making a
decision about herself and commanded her to move to the house of Umm Sharik, and
then sent her the message that as the first immigrants - frequently - visit the house of
Umm Sharik, she should better go to the house of Ibn Umm Maktum, the blind, - and
further said: In case you put off your head-dress, he - Ibn Umm Makhtum - will not see
you.So she went to his house, and when the 'Idda was over, Allah's Messenger - may
peace be upon him - married her to Usama b. Zaid b. Haritha.
Book 9, Number 3516:
Fatima bint Qais reported: I had been married to a person from Banu
Makhzum and he divorced me with irrevocable divorce. I sent a message to his family
asking for maintenance allowance, and the rest of the hadith has been transmitted
with a slight change of words.
Book 9, Number 3517:
Fatima bint Qais - Allah be pleased with her - reported that she had been
married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements.
She stated that she went to Allah's Messenger - MAY PEACE BE UPON HIM - asking
him about abandoning that house.He commanded her to move to the house of Ibn
Umm Maktum, the blind.Marwan refused to testify the divorced woman abandoning
her house - before the 'Idda was over -.'Urwa said that 'A'isha objected to - the words
of - Fatima bint Qais.This hadith has been transmitted through another chain of
narrators.
Book 9, Number 3518:
'Ubaidullah b. 'Abdullah b. 'Utba reported that 'Amr b. Hafs b. al-Mughira
set out along with 'Ali b. Abi Talib - Allah be pleased with him - to the Yemen and sent
to his wife the one pronouncement of divorce which was still left from the - irrevocable -
divorce; and he commanded al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to give
her maintenance allowance.They said to her: By Allah, there is no maintenance allowance
for you, except in case you are pregnant.She came to Allah's Apostle - may peace
he upon him - and mentioned their opinion to him, whereupon he said: There is no
maintenance allowance for you.Then she sought permission to move - to another place -,
and he - the Holy Prophet - permitted her.She said: Allah's Messenger, where - should I
go -?He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off
her garmeqts in his presence and he would not see her.And when her 'Idda was over.
Allah's Apostle - MAY PEACE BE UPON HIM - married her to Usama b. Zaid.Marwan - the
governor of Medina - sent Qabisa b. Dhuwaib in order to ask her about this hadith,
and she narrated it to him, whereupon Marwan said: We have not heard this hadith
but from a woman.We would adopt a safe - path - where we found the people.Fatima
said that when these words of, Marwan were conveyed to her.There is between me
and you the word of Allah,the Exalted and Majestic: Do "not turn them out"of
their houses.She asserted: This is in regard to the revocable divorce what new - turn
can the event take - after three pronouncements - separation between irrevocable -.Why
do you say there is no maintenance allowance for her if she is not pregnant ? Then on
what ground do you restrain her ?
Book 9, Number 3519:
Sha'bi reported: I visited Fatima bint Qais and asked her about the verdict
of Allah's Messenger - MAY PEACE BE UPON HIM - about - board and lodging during
the 'Idda - and she said that her husband divorced her with an irrevocable divorce.
She - further.said -: I contended with him before Allah's Messerger - may peace be upon
him - about lodging and maintenance allowance, and she said: He did not provide me
with any lodging or maintenance allowance, and he commanded me to spend the 'Idda
in the house of Ibn Umm Maktum.
Book 9, Number 3520:
A hadith like this has been trarismitted on the authority of Hushaim
through another chain of narrators.
Book 9, Number 3521:
Sha'bi reported: We visited Fitima hint Qais and she served us fresh
dates and a drink of barley flour, and I asked where should a woman who has been
divorced by three pronouncements, spend the period of her 'Idda.She said: My
husband divorced me with three pronouncements, and Allah's Apostle - may peace be
upon him - permitted me to spend my 'Idda period in my family - with my parents -.
Book 9, Number 3522:
Fatima bint Qais - Allah be pleased with her - reported from Allah's Messenger
- MAY PEACE BE UPON HIM - that there is no lodging and maintenance allowance for
a woman who has been given irrevocable divorce.
Book 9, Number 3523:
Fatima bint Qais - Allah be pleased with her - reported: My husband
divorced me with three pronouncements.I decided to move - from his house to another
place -.So I came to Allah's Messenger - MAY PEACE BE UPON HIM -, and he said: Move
to the house of your cousin 'Amr b. Umm Maktum and spend your period of 'Idda
there.
Book 9, Number 3524:
Abu Ishaq reported: I was with al-Aswad b. Yazid sitting in the great
mosque, and there was with us al-Sha'bi, and he narrated the narration of Fatima
bint Qais - Allah be pleased with her - that Allah's Messenger - MAY PEACE BE UPON HIM -
did not make any provision for lodging and maintenance allowance for her.Al-Aswad
caught hold of some pebbles in his fist and he threw them towards him saying: Woe
be to thee, you narrate like it, whereas Umar said: We cannot abandon the Book
of Allah and the Sunnah of our Apostle - MAY PEACE BE UPON HIM - for the words of a
woman.We do not know whether she remembers that or she forgets.For her, there
is a provision of lodging and maintenance allowance.Allah, the Exalted and Majestic,
said: "Turn them not from their houses nor should they themselves go forth
unless they commit an open indecency" - lxv. 1 -.
Book 9, Number 3525:
A hadith like this has been narrated on the authority of Ishaq with the
same chain of transmitters.
Book 9, Number 3526:
Fatima bint Qais - Allah be pleased with her - reported that her husband
divorced her with three, pronouncements and Allah's Messenger - may peace be upon
him - made no provision for her lodging and maintenance allowance.She - further
said -: Allah's Messenger - MAY PEACE BE UPON HIM - said to me: When your period of
'Idda is over, inform me.So I informed him. - By that time - Mu'awiya, Abu Jahm and
Usama b. Zaid had given her the proposal of marriage.Allah's Messenger - may peace
be upon him - said: So far as Mu'awiya is concerned, he is a poor man without any
property.So far as Abu Jahm is concerned, he is a great beater of women, but Usama
b. Zaid ... She pointed with her hand - that she did not approve of the idea of
marrying - Usama.But Allah's Messenger - MAY PEACE BE UPON HIMn - said: Obedience
to Allah and obedience to His Messenger is better for thee.She said: So I married
him, and I became an object of envy.
Book 9, Number 3527:
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 -.
Book 9, Number 3528:
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."
Book 9, Number 3529:
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. -
Book 9, Number 3530:
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.
Book 9, Number 3531:
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.
Book 9, Number 3532:
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 -.
Book 9, Number 3533:
'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 -."
Book 9, Number 3534:
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.
Chapter 7 : ONE WHO IS DIVORCED BY THREE PRONOUNCEMENTS
OR WHOSE HUSBAND HAS DIED CAN GET OUT OF
HER HOUSE FOR A NEED DURING HER PERIOD OF 'IDDA
Book 9, Number 3535:
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.
Chapter 8 : THE PERIOD OF 'IDDA COMES TO AN END WITH THE BIRTH OF THE CHILD
Book 9, Number 3536:
'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.
Book 9, Number 3537:
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.
Book 9, Number 3538:
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.
Chapter 9 :IT IS OBLIGATORY TO ABSTAIN FROM ADORNMENT DURING
THE 'IDDA PERIOD, BUT MOURNING BEYOND
THREE DAYS IS PROHIBITED
Book 9, Number 3539:
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.
Book 9, Number 3540:
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 -.
Book 9, Number 3541:
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?
Book 9, Number 3542:
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.
Book 9, Number 3543:
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.
- 3544 -
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.
- 3545 -
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.
- 3546 -
A hadith like this is transmitted on the authority of Nafi'
- 3547 -
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."
- 3548 -
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 -
- 3549 -
'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.
- 3550 -
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.
- 3551 -
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.
- 3552 -
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.
Chapter 10 :LI'AN - INVOKING CURSE
Book 9, Number 3553:
Sahl b. Sa'd al-Sa'idi reported that'Uwaimir al-'Ajlani came to 'Asim b.
'Adi al-Ansari and said to him. Tell me about a person who finds a man with
his wife; should he kill him, and be killed In retaliation; or how should he act?
'Asim, ask for me - religious verdict about it - from Allah's Messenger - may peace be
upon him -.So 'Asim asked Allah's Messenger - MAY PEACE BE UPON HIM - and he did not
like this question and he disapproved of it so much that'Asim felt aggrieved at what he
had heard from Allah's Messenger - MAY PEACE BE UPON HIM -.When 'Asim came back
to his family, 'Uwaimir came to him and said: 'Asim, what did Allah's Messenger
- MAY PEACE BE UPON HIM - say to you?'Asim said to 'Uwaimir: You did not bring
something good.Allah's Messenger - MAY PEACE BE UPON HIM - did not like this religious
verdict that I sought from him. 'Uwaimir said: By Allah, I will not rest until I have
asked him about it.'Uwaimir proceeded until he came to Allah's Messenger - may
peace be upon him - as he was sitting amidst people, and said: Messenger of Allah,
tell me about a person who found a man with his wife.Should he kill him, and
then you would kill him, or how should he act?Thereupon Allah's Messenger - may
peace be upon him - said: - Verses - have been revealed concerning you and your wife;
so go and bring her.Sahl said that they both invoked curses - and further said -: I was
along with people in the company of Allah's Messenger - MAY PEACE BE UPON HIM -.And
when they had finished, Uwaimir said: Allah's Messenger, I shall have told a lie
against her if I keep her - now -.So he divorced her with three pronouncements before
Allah's Messenger - MAY PEACE BE UPON HIM - had commanded him.Ibn Shihab said:
Subsequently that was the practice of invokers of curses - al Mutala'inain -
Book 9, Number 3554:
Sahl b. Sa'd reported.. 'Uwaimir al-Ansari - Allah be pleased with him -
from Banu'l-'Ajlan came to 'Asim b. 'Adi - Allah be pleased with him - the remaining
part of the hadith is the same and it was also reecorded in it: "And subsequebtly the
separation became the practice of al-Mutala'inain." And this addition was also made:
"She was pregnant and her son was ascribed to her, and it became customary that
such - a son - would inherit her and she would inherit him in the share prescribed by
Allah for her.
Book 9, Number 3555:
Ibn Shihab narrated about the invokers of curses and the practice of - li'an -
based on the authority of Sahl b. Sa'd, of the tribe of Sa'ida. that a person from the
Ansar came to Allah's Apostle - MAY PEACE BE UPON HIM - and said: Allah's Messenger,
tell me about the person who found a man with his wife.The remaining part of
the hadith is the same - but - with this addition: They invoked curses in the mosque
and I was present there.And he narrated in the hadith: He divorced her with three
pronouncements before Allah's Messenger - MAY PEACE BE UPON HIM - commanded him
- to get separation -.He separated from her in the presence of Allah's Apostle - may
peace be upon him -, whereupon he said: There is a separation between the invokers
of curses.
Book 9, Number 3556:
Sa'id b Jubair reported: I was asked about the invokers of curses during
the reign of Mus'ab - b.Zubair - whether they could separate - themselves by this process -.
He said: I did not understand what to say.So I went to the house of Ibn 'Umar
- Allah be pleased with them - in Mecca.I said to his servant: Seek permission for Me.
He said that he - Ibn 'Umar - had been taking rest.He - Ibn 'Umar - heard my voice. and
said: Are you Ibn Jubair?I said: Yes.He'said: Come in.By Allah, it must be some
- great - need which has brought you here at this Hour.So I got in and found him
lying on a blanket reclining against a pillow stuffed with fibres of date-palm. I said: O
Abu'Abd al-Rahman, should there be separation between the invokers of curses? He
said: Hallowed be Allah, yes,The first one who asked about it was so and so. he said:
Messenger of Allah, tell me If one of us finds his wife committing adultery: what
should he do?If he talks, that is something great, and if he keeps quiet that is also
- something great - - which he cannot afford to do -.Allah's Prophet - may peace be upon
him - kept quiet - or some time -. After some time he - that very person - came to him
- Allah's Messenger - and said: I have been involved in that very cage about which I
had asked you Allah the Exalted and Majestic then revealed - these - verses of Surah
Nur: "Those who accuse their wives" - verse 6 -, and he - the Holy Prophet - recited them
to him and admonished him, and exhorted him and informed him that the torment of
the world is less painful than the torment of the Hereafter.He said: No, by Him
Who sent you with Truth, I did not tell a lie against her.He - the Holy Prophet - then
called her - the wife of that person who had accused her - and admonished her,
and exhorted her, and informed her that the torment of this world is less
painful than the torment of the Hereafter.She said: No, by Him Who sent thee
with Truth, he is a liar. - it was - the man who started the swearing of oath
and he swore in the name of Allah four times that he was among the truthful.
and at the fifth turn he said: Let there be curse of Allah upon him if he were among
the liars.Then the woman was called and she swore four times in the name of Allah
that he - her husband - was among the liars, and at the fifth time - she said -: Let there
be curse upon her if he were among the truthful.He - the Holy Prophet - then effected
separation between the two.A hadith like this is narrated by Ibn Numair with a
slight variation of words.
Book 9, Number 3557:
Ibn Umar - Allah be pleased with them - reported Allah's Messenger - may
peace be upon him - saying to the invokers of curse: Your account is with Allah. One
of you must be a liar.You have now no right over this woman.He said: Messenger of
Allah, what about my wealth - dower that I paid her at the time of marriage -? He
said: You have no claim to wealth.If you tell the truth, it - dower - is the recompense
for your having had the right to intercourse with her, and if you tell a lie against her,
it is still more remote from you than she is. Zuhair said in his narration: Sufyan
reported to us on the authority of 'Amr that he had heard Sa'id b Jubair saying: I
heard Ibn Umar - Allah be pleased with them - saying that Allah's Messenger - may
peace be upon him - had said it.
Book 9, Number 3558:
Ibn 'Umar - Allah be pleased with them - said that Allah's Messenger - may
peace be upon him - effected separation between the two members of Banu al-'Ajlan,
and said: Allah knows that one of you is a liar.Is there one to repent among you?
Book 9, Number 3559:
Sa'id b. Jubair reported: I asked Ibn 'Umar - Allah be pleased with them -
about invoking curse - li'an -, and he narrated Similarly from Allah's Apostle - may
peace be upon him -.
Book 9, Number 3560:
Sa'id b. Jubair reported that Mus'ab b. Zubair did not effect separation
between the Mutala'inain - invokers of curses -.Sa'id said: It was mentioned to
'Abdullah b. Umar - Allah be pleased with them - and he said: Allah's Apostle - may
peace be upon him - effected separation between the two members of Banu al-'Ajlan.
Book 9, Number 3561:
Nafi' reported on the authority of Ibn Umar - Allah be pleased with them -
that a person invoked curse on the wife during the lifetime of Allah s Messenger
- MAY PEACE BE UPON HIM -, so he effected separation between them and traced the
lineage of the son to his mother.
Book 9, Number 3562:
Ibn 'Umar - Allah be pleased with them - reported: Allah's Messenger - may
peace be upon him - asked a person from the Anger and his wife to invoke curse - upon
one another in order to testify to their truthfulness -, and then effected separation
between them.
Book 9, Number 3563:
A hadith like this has been narrated on the authority of 'Ubaidulah with
the same chain of transmitters.
Book 9, Number 3564:
'Abdullah reported: We were on the night of Friday staying in the
mosque when a person from the Ansar came there and said: If a person finds hiswoman along
with a man, and he speaks about it, you would lash him, and if he
kills, you will kill him, and if he keeps quiet he shall have to consume anger.By
Allah, I will definitely ask about him from Allah's Mescenger - MAY PEACE BE UPON HIM -.
On the following day he came to Allah's Messenger - MAY PEACE BE UPON HIM - and
asked him thus: If a man were to find with his wife a man and if he were to
talk about it, you would lash him; and if he killed, you would kill him, and if he
were to keep quiet. he would consume anger, whereupon he - the Holy Prophet - said:
Allah, solve - this problem -, and he began to supplicate - before Him -, and then the
verses pertaining to li'an were revealed: "Those who accuse their wives and have no
witnesses except themselves" - xxiv. 6 -.The person was then put to test according to
these verses in the presence of the people.There came he and his wife in the presence
of Allah's Messenger - MAY PEACE BE UPON HIM -, and they invoked curses - in order to
testify their claim -.The man swore four times in the name of Allah that he was one of the
truthful and then invoked curse for the fifth time saying: Let there be curse of Allah
upon him if he were among the liars.Then she began to invoke curse.Allah's
Messenger - MAY PEACE BE UPON HIM - said to her: just wait - and curse after considering
over it -, but she refused and invoked curse and when she turned away, he - Allah's
Apostle - said: It seems that this woman shall give birth to a curly-haired black child,
And so she did gave birth to a curly-haired black child.
Book 9, Number 3565:
A hadith like this is narrated on the authority of A'mash.
Book 9, Number 3566:
Muhammad - one of the narrators - reported: I asked Anas b. Malik - Allah
be pleased with him - knowing that he had a knowledge of - the case of li'an -.He said:
Hilal b. Umayya - Allah be pleased with him - accused his wife with the charge of
fornication with Sharik b. Sahma, the brother of al-Bara'b Malik from the side of his
mother.And he was the first person who invoked curse - li'an - in Islam.He in fact
invoked curse upon her.Allah's Messenger - MAY PEACE BE UPON HIM - said: See to her
if she gives birth to a white-complexioned child having dark hair and bright eyes;
he must be the son of Hilal b. Umayya; and if she gives birth to a child with dark
eyelids, curly hair and lean shanks, he must be the offspring of Sharik b. Sahma . He
said: I was informed that she gave birth to a child having dark eyelids, curly hair
and lean shanks.
Book 9, Number 3567:
Ibn Abbas - Allah be pleased with them - reported: Mention was made of
li'an in the presence of Allah's Messenger - MAY PEACE BE UPON HIM -.And Asim b. 'Adi
passed a remark about it and then turned away, and a man of his tribe came to him
complaining that he had found a man with his wife, whereupon 'Asim said: I have
been taken by my words.He took him to Allah's Messenger - may peace be upon
him - and told him about the man whom he had found with his wife and this
man was a lean, yellow-coloured man with lank hair, and the person who was accused
of committing adultery with her - his wife - had fleshy shanks, with wheat complexion
and heavy bulk.Allah's Messenger - MAY PEACE BE UPON HIM - said: O Allah, make
- this case - manifest.And as she gave birth to a child, whose face resembled that
person about whom her husband had made mention that he had found her
with, and Allah's Messenger - may peace be, upon him - had asked them to invoke curses.
A person said to Ibn 'Abbas - Allah be pleased with him -: Is she - that woman - about
whom Allah's Messenger - may peace be upen him - - said -: "If I were to stone anybody
without evidence, I would have stoned her"? Ibn 'Abbas - Allah be pleased with him -
said: No, it is not she.That woman was one who openly spread evil in society.
This hadith has been narrated on the authority of Ibn 'Abbas - Allah be pleased with
them - through another chain of transmitters with the addition of these words: 'With
flesh, and curly tangled hair."
Book 9, Number 3568:
'Abdullah b Shaddad reported that mention was made about the invokers
of curses before Ibn 'Abbas - Allah be pleased with them -.Ibn Shaddad said: Are
these the two about whom Allah's Apostle - clay peace be upon him - said. "If I were
to stone one without evidence, I would have definitely stoned her"? Ibn Abbas
- Allah be pleased with them - said: She is not this woman; but she is the one who
- committed adultery - openly.
Book 9, Number 3569:
Abu Huraira - Allah be pleased with him - reported that Sa'd b. 'Ubada
al-Ansari said: Messenger of Allah, tell the if a man finds his wife with another
person, should he kill him?Allah's Messenger - MAY PEACE BE UPON HIM - said: No. Sa'd
said: Why not? I swear by Him Who has honoured you with Truth. There upon Allah's
Messenger - MAY PEACE BE UPON HIM - said: Listen to what your chief says.
Book 9, Number 3570:
Abu Huraira - Allah be pleased with him - reported that Sa'd b. Ubada
- Allah be pleased with him - said: Messenger of Allah, if I were to find with my wife
a man, should I wait until I bring four witnesses?He said: Yes.
Book 9, Number 3571:
Abu Huraira - Allah be pleased with him - reported that Sa'd b. Ubada
- Allah be pleased with him - said: Messenger of Allah, if I were to find with my
wife a man, should I not touch him before bringing four witnesses?Allah's Messenger
- MAY PEACE BE UPON HIM - said: Yes.He said: By no means.By Him Who has sent
you with the Truth, I would hasten with my sword to him before that. Allah's
Messenger - MAY PEACE BE UPON HIM - said: Listen to what your chief says.He is
jealous of his honour, I am more jealous than he - is - and God is more jealous than I.
Book 9, Number 3572:
AI-Mughira b. Shu'ba - Allah be pleased with him - reported that Sa'd b.
'Ubada - Allah be pleased with him - said: If I were to see a man with my wife, I
would have struck him with the sword, and not with the flat part - side - of it.When
Allah's Messenger - MAY PEACE BE UPON HIM - heard of that, he said: Are you surprised
at Sa'd's jealousy of his honour?By Allah, I am more jealous of my honour than he,
and Allah is more jealous than I. Because of His jealousy Allah has prohibited
abomination, both open and secret And no person is more jealous of his honour than
Allah, and no persons, is more fond of accepting an excuse than Allah, on account of
which He has sent messengers, announcers of glad tidings and warners; and no one is
more fond of praise than Allah on account of which Allah has promised Paradise.
Book 9, Number 3573:
A hadith like this has been transmitted on the authority, of 'Abd al-Malik
b. Umair with the same chain of narraters but with a slight change of words.
Book 9, Number 3574:
Abu Huraira - Allah be pleased with him - reported: There came a person
to the Holy Prophet - may peace he upon him - - from Banu Fazara and said: My wife
has given birth to a child who is black, whereupon Allah's Apostle - may peace be upon
him - said: Have you any camels?He said: Yes. He again said: What is this colour?
He said: They are red.He said: Is there a dusky one among them? He said: Yes,
there are dusky ones among them He said: How has it come about? He said: It is
perhaps the strain to which it has reverted, whereupon he - the Holy Prophet - said: It
is perhaps the strain to which he - the child - has reverted.
Book 9, Number 3575:
This hadith has been narrated on the authority of Zuhri with the same
chain of transmitters.In the hadith transmitted on the authority of Ma'mar, the
- words are -: "Messenger of Allah, my wife has given birth to a dark-complexioned
boy, and he at that time was intending to disown him." And this addition has been
made at the end of the hadith: "He - the Holy Prophet - did not permit him to
disown him."
Book 9, Number 3576:
Abu Huraira - Allah be pleased with him - reported: A desert Arab came to
Allah's Messenger - MAY PEACE BE UPON HIM - and said: My wife has given birth to a
dark-complexioned child and I have disowned him.Thereupon Allah's Apostle - may
peace be upon him - said: Have you any camels? He said: Yes. He said: What is their
colour?He said?They are red.He said: Is there anyone dusky among them? He said:
Yes.Allah's Messenger - MAY PEACE BE UPON HIM - said: How has it come about? He
said: Messenger of Allah, it is perhaps due to the strain to which it has reverted,
whereupon the Holy Prophet - MAY PEACE BE UPON HIM - said: It - the birth - of the black
child may be due to the strain to which he - the child - might have reverted.
Book 9, Number 3577:
A hadith like this has been narrated on the authority of Abu Huraira
- Allah be pleased with him - through another chain of transmitters.
Chapter 11 : EMANCIPATING A SLAVE
Book 9, Number 3578:
Ibn Umar - Allah be pleased with them - reported Allah's Messenger may
peace be upon him - as saying: If anyone emancipates his share ina slave and has
enough money to pay the full price for him, a fair price for the slave should be fixed,
his partners given their shares, and the slave be thus emancipated, otherwise he is
emancipated only to the extent of the first man's share.
Book 9, Number 3579:
This hadith has been reported on the authority of Ibn 'Umar through
another chain of transmitters.
Book 9, Number 3580:
Abu Huraira - Allah be pleased with him - reported Allah's Messenger - may
peace be upon him - as saying: The slave who is jointly owned by two persons, and is
emancipated by one of them, - this one - has liability - upon him to secure complete
freedom for that slave -.
Book 9, Number 3581:
Abu Huraira - Allah be pleased witli him - reported Allah's Prophet - may
peace be upon him - as saying: If anyone emancipates a share in a slave, he is to be
completely emancipated if he has money; but if he has none, the slave will be required
to work to pay for his freedom, but must not be over-burhened.
Book 9, Number 3582:
This hadith has been narrated on the authority of Sa'id b. Abu 'Aruba with
the same chain of transmitters but with the addition: "If he - one of the joint owners
emancipating the slave - has not - enough - money - to secure freedom for the other half -
a fair price for the slave should be fixed, and he will be required to work to pay for his
freedom, but must not be over-burdened.
Book 9, Number 3583:
A hadith like this is reported on the authority of the same chain of transmitters
but with a slight change of words.
Chapter 12 :THE RIGHT OF INHERITANCE OF PROPERTY VESTS WITH ONE
WHO EMANCIPATES THE SLAVE
Book 9, Number 3584:
Ibn Umar reported that 'A'isha decided to buy a slave-girl and then set
her free, but her masters said: We are prepared to sell her to you on the condition
that her right of inheritance would vest with you. She - Hadrat A'isha - made a mention
of that to Allah's Messenger - MAY PEACE BE UPON HIM - whereupon he said: This
should not stand in your way. The right of inheritance vests in one who
emancipates.
Book 9, Number 3585:
'A'isha - Allah be pjeased with her - reported that Barira came to her in
order to seek her help in securing freedom,but she had - so far - paid nothing out of
that sum stipulated in the contract.'A'isba said to her.Go to your family - who owns
you -, and if they like that I should pay the amount - of the contract - on your behalf
- for purchasing your freedom -, then I shall have the right in your inheritance. - If they
accepted it - I am prepared - to make this payment -.Barira made a mention of that to
the - members of - her family, but they refused and said: If she - Hadrat 'A'isha - wants
to do good to You for the sake of Allah, she may do it, but the right of inheritance
will be ours.She - Hadrat 'A'isha - made a mention of that to Allah's Messenger - may
peace be upon him -, and he said to her: Buy her, and emancipate her, for the right of
inheritance vests with one who emancipates - the slave -.Allah's Messenger, may peace
be upon him - then stood up and said: What has happened to the people that they lay
down conditions which are not - found - in the Book of Allah?And he who laid down a
condition not found in the Book of Allah, that is not valid. even if it is laid down
hundred times.The condition laid down by Allah is the most weighty and the most valid.
Book 9, Number 3586:
'A'isha, the wife of Allah's Apostle - MAY PEACE BE UPON HIM -, reported:
Barira came to me and said: 'A'isha, I have entered into contract for securing
freedom with my family - who owns me - for nine 'uqiyas - of silver -, one 'uqiya every
year The rest of the hadith is the same - but with this addition -: "This - the problem
of the right of inheritance - should not stand in your way.Buy her, and set her free.
He said in a hadith: Allah's Messenger - MAY PEACE BE UPON HIM - stood up among men,
extolled Allah, praised Him, and then said: "for......"
Book 9, Number 3587:
'A'isha - Allah be pleased with her - reported: Barira came to me and said:
My family - owners - have made contract with me - for granting freedom - for nine
'uqiyas - of silver - payable in nine years, one 'uqiya every year.Help me - in making
this payment -. I said to her: If your family so desires, I am prepared to make them
the full payment in one instalment, and thus secure freedom for you, but the right of
inheritance will vest in me,if I do so.She - Barira - made a mention of that to her
family, but they refused - except - on the condition that the right of inheritance would
vest in them.She came to me and made mention of if She - 'A'isha - said: I scolded
her.She - Barira - said: By Allah, it is not possible - they will never agree to it -.And as
she was saying it, Allah's messenger - MAY PEACE BE UPON HIM - heard, and he asked me,
I informed him and he said: Buy her and emancipate her, and let the right of inherit-
ance vest in them, for they cannot claim it - rightfully - since the right of inherritance
vests with one who emancipates - the slave; therefore, these people have no right to
lay such false claims -.And I did so.She - 'A'isha - said: Then Allah's Messenger - may
peace be upon him - delivered a sermon in the evening.He extolled Allah and praised
Him with what He deserves, and then said afterwards,: What has happened to the
people that they lay down conditions which are not found in the Book of Allah?
And the condition which is not found in the Book of Allah is invalid, even if its
number is one hundred.The Book of Allah is more true - than any other deed - and
the condition laid down by Allah is more binding - than any other condition -.
What has happened to the people among you that someone among you says:
"Emancipate so and so, but the right of inheritance vests in me"?Verily, the right of
inheritance vests in one who emancipates.
Book 9, Number 3588:
Hisham b. 'Urwa narrated a hadith like this with the same chain of trans-
mitters except - with this change - that in the hadith transmitted on the authority of
jartr - the words are -: Her - Barira's - husband was a slave, so Allah's Messenger - may
peace be upon him - gave her the option - either to retain her matrimonial relation with
her husband or sever it off -. She opted to break off - and secure freedom for her even
from the matrimonial alliance -. And if he were free he would not have given her the
option. In the hadith narrated on the authority - of this chain of transmitters - these
words are not found: Amma ba'du.
Book 9, Number 3589:
'Abd al-Rahman b. al.Qasim reported on the authority of his father:
'A'isha - Allah be pleased with her - said: There were three issues which were clarified
in case of Barira: her owners had decided to sell her on the condition that the right
of her inheritance would vest with them.She - 'A'isha - said: I made a mention of that
to Allah's Apostle - MAY PEACE BE UPON HIM - and he said: Buy her and emancipate her,
for verily the right of inheritance vests with one who emancipates. She said that she
emancipated - her - and Allah's Messenger - MAY PEACE BE UPON HIM - gave her the option
- either to retain her matrimonial alliance or break it after emancipation -.She - taking
advantage of the option - opted for herself - the severing of matrimonial alliance -.
'A'isha said: The people used to give her charity and she gave us that as gift. I made
a mention of it to Allah's Apostle - MAY PEACE BE UPON HIM -, whereupon he said: That
is charity for her but gift for you, so take that.
Book 9, Number 3590:
'A'isha - Allah's be pleased with her - reported that she had bought Barira
from the people of Ansar, but they laid down the condition that the right of inheritance
- would vest in them -, whereupon Allah's Messenger - MAY PEACE BE UPON HIM - said:
The right of inheritance vests with one who shows favour - who emancipates - and
Allah's Messenger - may peacebe upon him - gave her the choice - either to retain - her
matrimonial alliance or break it -.Her husband was a slave.She - Barira also - gave
'A'isha some meat as gift.Allah's Messenger - MAY PEACE BE UPON HIM - said:I wish
you could prepare - cook - for us out of this meat. 'A'isha said,It has been given as
charity to Barira, whereupon he said: That is charity for her and gift for us.
Book 9, Number 3591:
'A'isha - Allah be pleased with her - reported: She wanted to buy Barira
with a view to emancipating her.They - the sellers - laid down the condition that the
right of inheritance would vest - with them -.She - Hadrat 'A'isha - made a mention of
that to Allah's Messenger - MAY PEACE BE UPON HIM -, whereupon he said: Buy her and
emancipate her for the right of inheritance vests with one who emancipates.Allah's
Messenger - MAY PEACE BE UPON HIM - was given meat as gift.They - his Companions -
said to Allah's Apostle - MAY PEACE BE UPON HIM -: This was given as charity to Barira,
whereupon he said: That is charity for her but gift for us.And she was given option
- to retain her matrimonial alliance or to break it -.Abd al-Rahman said: Her husband
was a free man.Shu'ba said: I then asked him - one of the narrators - about Barira's husband
- whether he had been a free mart or a slave -, whereupon he said: I do not know.
Book 9, Number 3592:
This hadith has been narrated on the authority of Shu'ba with the same
chain of transmitters.
Book 9, Number 3593:
'A'isha reported that the husband of Barira was a slave.
Book 9, Number 3594:
'A'isha - Allah be pleased with her -. the wife of Allah's Apostle - may Peace
be upon him - said: Three are the Sunan - usages - - that we came to know in case of
Bairara -.She was given option in regard to her husband when she was emancipated.
Sbe was given meat as charity.Allah's Messenger - way peace be upon him - visited me
when an earthen pot with meat in it was placed on the fire.He asked for food and
be was given bread with ordinary meat - usually cooked in the - house. Thereupon he
- Allah's Messenger - said: Don't I see the earthen pot on fire with meat in it? They
said: Yes.Allah's Messenger, there is meat in it which was given as charity to Barira.
We did not deem it advisable that we should give you that to eat, whereupon he said:
It is charity for her, but it is gift for us.Allah's Apostle - MAY PEACE BE UPON HIM -
also said: The right of inheritance vests with one who emancipates.
Book 9, Number 3595:
Abu Huraira - Allah be pleased with him - reported: 'A'isha - Allah be
pleated with her - thought of buying a slave-girl and emancipating her, but her owners
refused to - sell her but on the condition - that the right of inheritance would vest in
them.She made a mention of that to Allah's Messenger - MAY PEACE BE UPON HIM -.
whereupon he said: Let this - condition - not stand in your way for the right of
inheritance vests with one who emancipates.
Chapter 13 : IT IS FORBIDDEN TO SELL AL-WALA' - THE RIGHT OF
INHERITANCE OF A SLAVE - AND ITS CONFERRING ON OTHERS
Book 9, Number 3596:
Ibn Umar - Allah be pleased with them - reported that Allah's Messenger
- may peace he upon him - forbade the selling and making a gift of the right of inheritance
of a slave.Imam Muslim said: All the persons depend upon Abdullah b.
Dinar in regard to this hadith.
Book 9, Number 3597:
This hadith has been narrated on the authority of Ibn 'Umar - Allah be
pleased with them - through another chain of transmitters but with this change that in
tba hadith narrated by al-Thaqafi from Ubaidullah there is only a mention of selling
- or right of inheritance, al-Wala' - but not that of making a gift.
Chapter 14 : IT IS FORBIDDEN FOR A SLAVE TO TAKE ANYONE AS HIS
ALLY EXCEPT ONE WHO EMANCIPATES HIM
Book 9, Number 3598:
Jabir b. Abdullah - Allah be pleased with them - reported that Allah's
Apostle - MAY PEACE BE UPON HIM - made it obligatory for every tribe - the payment -
of blood-wit; he then also made it explicit that it is not permissible for a Muslim to
make himself the ally - of the slave emancipated by another - Muslim without his
permission. He - the narrator further added -: I was informed that he - the Holy
Prophet - cursed the one who did that - and it was recorded - in his Sahifa - in a
document -.
Book 9, Number 3599:
Abu Huraira - Allah be pleased with him - reported that Allah's Messenger
- MAY PEACE BE UPON HIM - said: He who takes anyone as his ally without the consent
of his previous master, there will be the curse of Allah and that of His angels upon him,
and neither, any obligatory act of his nor the supererogatory one will be accepted
- by Allah -.
Book 9, Number 3600:
Abu Huraira - Allah be pleased with him - reported Allah's Apostle - may
peace be upon him - as saying: He who took the freed slave as his ally without the
consent of his previous master, there is upon him the curse of Allah and that of His
angels and that of the whole mankind, and there will not be accepted from him his
obligatory acts or supercrogatory acts on the Day of Resurrection.This hadith is
narrated through the same chain of transmitters, but with a slight change of words.
Book 9, Number 3601:
Ibrahim al-Taimi reported on the authority of his father: 'Ali b. Abu
Talib - Allah be pleased with him - addressed us and said: He who thinks that we - the
members of the Prophet's family - read anything else besides the Book of Allah and
this Sahifa - and he said that Sahifa was tied to the scabbard of the sword - tells a lie.
- This Sahifa - contains - problems - pertaining to the ages of the camels and - the
recompense - of the injuries, and it also records the words of the Prophet - may peace
be upon him -: Medina is a sacred territory from 'Ayr to Thaur - it is most probably
Uhud -.He who innovates - an act or practice - or gives protection to an innovator,
there is a curse of Allah and that of His angels and that of the whole humanity upon
him.Allah will not accdpt from him - as a recompense - any obligatory act or supererogatory act,
and the responsibility of the Muslims is a joint responsibility; even the
lowest in rank can undertake the responsibility - on behalf of others -, and he who
claims anyone else as his father besides his own father or makes one his ally other
than the one - who freed him -, there is a curse of Allah. that of His angels and that of the
wholemankind upon him.Allah will not accept the obligatory act of the supererogatery
act - as a recompense - from him.
Chapter 15 : EXCELENCE OF EMANCIPATING A SLAVE
Book 9, Number 3602:
Abu Huraira - Allah be pleased with him - reported Allah's Messenger
- MAY PEACE BE UPON HIM - as saying: If anyone emancipates a Muslim slave, Allah will
set free from Hell an organ of his body for every organ of his - slave's - body.
Book 9, Number 3603:
Abu Huraira - Allah be pleased with him - reported Allah's Messenger
- may peace benpon him - as saying: He who emancipates a slave, Allah will set free
from Hell every limb - of his body - for every limb of his - slave's - body, even his
private parts.
Book 9, Number 3604:
Abu Huraira - Allah be pleased with him - reported: I heard Allah's
Messenger - MAY PEACE BE UPON HIM - as saying: He who emancipates a believing slave.
Allah will set free from Fire his every limb for every limb of his - slave's -, even his
private parts for his.
Book 9, Number 3605:
Abu Huraira - Allah be pleased with him - reported Allah's Messenger
- MAY PEACE BE UPON HIM - as saying: A Muslim who emancipates a Muslim - slave -.
Allah will save from Fire every limb of his for every limb - of the slave -.Sa'id b.
Marjana said: When I heard this hadith from Abu Huraira - Allah be pleased with
him -, I went away and made a mention of it to 'Ali b. Husain and he at once
emancipated the slave for which Ibn ja'far was prepared to pay ten thousand
dirhams or one thousand dinars.
Chapter 16 :EXCELLENCE OF SECURING THE EMANCIPATION OF FATHER
Book 9, Number 3606:
Abu Huraira - Allah be pleased with him - reported Allah's Messenger
- MAY PEACE BE UPON HIM - as saying: A son does not repay what he owes his father
unless he buys him - the father - in case he is a slave and then emancipates him. In
the narration transmitted by Ibn Abu Shaiba there is a slight change of words.
Book 9, Number 3607:
A hadith like this has been narrated on the authority of Suhail with the
same chain of transmitters.
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