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
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.
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.)
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.
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).
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.
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.
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.
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?
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.
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?
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?
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?
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.
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.
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).
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.)
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.
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.
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
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.
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.
'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.
'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
'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.
'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.
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.)
'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.
'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.
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.
'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 the 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).
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.
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.
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.
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
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).
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.
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).
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.
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.
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.
'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?
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.
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).
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.
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.
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).
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.
Fatima bint Qais (Allah be pleased with her) reported:
My husband Abu 'Amr b. Hafs b. al-Mughira sent 'Ayyish b.
Abu Rabi'a to me with a divorce, and he also sent through
him five si's of dates and five si's of barley. I said: Is
there no maintenance allowance for me but only this, and I
cannot even spend my 'Idda period in your house? He said:
No. She said: I dressed myself and came to Allah's
Messenger (may peace be upon him). He said: How many
pronouncements of divorce have been made for you? I said:
Three. He said what he ('Ayyish b. Abu Rabi'a) had stated
was true. There is no maintenance allowance for you. Spend
'Idda period in the house of your cousin, Ibn Umm Maktum.
He is blind and you can put off your garment in his
presence. And when you have spent your Idda period, you
inform me. She said: Mu'awiya and Abu'l-Jahm (Allah be
pleased with them) were among those who had given me the
proposal of marriage. Thereupon Allah's Apostle (may peace
be upon him) said: Mu'awiya is destitute and in poor
condition and Abu'l-Jahm is very harsh with women (or he
beats women, or like that), you should take Usama b. Zaid
(as your husband).
Abu Bakr b. Abu'l-Jahm reported: I and Abu Salama b 'Abd
al-Rahman came to fatima bint Qais (Al! ah be pleased with
her) and asked her (about divorce, etc.). She said: I was
the wife of Abu 'Amr b. Hafs b. al-Mughira, and he set out
to join the battle of Najran. The rest of the hadith is
the same, but he made this addition:" She said: I married
him and Allah hornoured me on account of Ibn Zaid and
Allah favoured me because of him."
Abu Bakr reported: I and Abu Salama came to Fatima bint
Qais (Allah be pleased with her) during the time of Ibn
Zubair (Allah be pleased with him) and she narrated to us
that her husband gave her an irrevocable divorce. (The
rest of the hadith is the same.)
Fatima bint Qais (Allah be pleased with her) reported:
My husband divorced me with three pronouncements and
Allah's Messenger (may peace be upon him) made no
provision for lodging and maintenance allowance.
Hisham reported on the authority of his father that
Yahya b. Sa'id b. al-'As married the daughter of 'Abd al-Rahman
b. al-Hakam, and he divorced her and he turned her out
from his house. 'Urwa (Allah be -pleased with him)
criticised this (action) of theirs (the members of the
family of her in-laws). They said: Verily, Fatima too went
out (of her in-laws' house). 'Urwa said: I came to 'A'isha
(Allah be pleased with her) and told her about it and she
said: There is no good for Fatima bint Qais (Allah be
pleased with her) in making mention of it.
Fatima bint Qais (Allah be pleased with her) reported
that she said: Allah's Messenger, my husband has divorcee
me with three pronouncements and I am afraid that I may be
put to hardship, and so he commanded her and so she moved
(to another house).
'A'isha (Allah be pleased with her) said: It is no good
for Fatima to make mention of it, i. e. her statement:"
There is no lodging and maintenance allowance (for the
divorced women)."
Ibn al-Qasim narrated on the authority of his father
that 'Urwa b. Zubair (Allah be pleased with him) said to 'A'isha
(Allah be pleased with her): Didn't you see that such and
such daughter of al-Hakam was divorced by her husband with
an irrevocable divorce, and she left (the house of her
husband)? Thereupon 'A'isha (Allah be pleased with her)
said: It was bad that she did. He ( Urwa) said: Have you
not heard the words of Fatima? Thereupon she said: There
if no good for her in making mention of it.
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
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
'Ubaidullah b. 'Abdullah b. 'Utba (b. Mas'ud) reported
that his father wrote to Umar b. 'Abdullah b al Arqam al-Zuhri
that he would go to Subai'ah bint al-Hirith al-Aslamiyya
(Allah be pleased with her) and ask her about a verdict
from him which Allah's Messenger (may peace be upon him)
gave her when she had asked that from him (in regard to
the termination of 'Idda at the birth of a child) 'Umar b.
Abdullah wrote to 'Abdullah b. 'Utba informing him that
Subai'ah had told him that she had been married to Sa'd b.
Khaula and he belonged to the tribe of Amir b. Lu'ayy, and
was one of those who participated in the Battle of Badr,
and he died in the Farewell Pilgrimage and she had been in
the family way at that time. And much time had not elapsed
that she gave birth to a child after his death and when
she was free from the effects of childbirth she
embellished herself for those who had to give proposals of
marriage. Abd al-Sunabil b. Ba'kak (from Banu 'Abd al-Dar)
came to her and said: What is this that I see you
embellished; perhaps you are inclined to marry, By Allah,
you cannot marry unless four months and ten days (of 'Idda
are passed). When he said that. I dressed myself, and as
it was evening I came to Allah's Messenger (may peace be
upon him) and asked him about it, and he gave me a
religious verdict that I was allowed to marry when I had
given birth to a child and asked me to marry if I so
liked. Ibn Shihab said: I do not find any harm fur her in
marrying when she has given birth to a child even when she
is bleeding (after the birth of the child) except that her
husband should not go near her until she is purified.
Abu Salama b. 'Abd al-Rahman and Ibn 'Abbas. (Allah be
pleased with them) got together in the house of Abu
Huraira (Allah be pleased with him) and began to discuss
about the woman who gave birth to a child a few nights
after the death of her husband. Ibn 'Abbas (Allah be
pleased with then) ) said: Her 'Idda is that period which
is longer of the two (between four months and ten days and
the birth of the child, whichever is longer). AbuSalama,
however said: Her period of 'Idda is over (with the birth
of the child), and they were contending with each other
over this issue, whereupon Abu Huraira (Allah be pleased
with him) said: I subscribe (to the view) held by my
nephew (i. e. Abu Salama). They sent Kuraib (the freed
slave of Ibn 'Abbas) to Umm Salama to ask her about it. He
came (back) to them and informed them that Umm Salama
(Allah be pleased with her) said that Subai'ah al-Aslamiyya
gave birth to a child after the death of her husband when
the few flights (had hardly) passed and she made mention
of that to Allah's Messenger (may peace be upon him) and
he commanded her to marry.
This hadith has been narated with the same chain of
transrmitters except with a small change of words (and
that is): They sent him to Umm Salama, but no mention was
made of Kuraib.
Chapter 9: IT IS OBLIGATORY TO ABSTAIN FROM
ADORNMENT DURING THE 'IDDA PERIOD, BUT MOURNING BEYOND THREE
DAYS IS PROHIBITED
Zainab (bint Abu Salama) (Allah be pleased with her)
reported: I went to Umm Habiba, the wife of Allah's
Apostle (may peace be upon him), when her father Abu
Sufyan had died. Umm Habiba sent for a perfume having
yellowness in it or something else like it, and she
applied it to a girl and then rubbed it on her cheeks and
then said: By Allah, I need no perfume but for the fact
that I heard Allah's Messenger (may peace be upon him) say
on the pulpit:" It is not permissible for a woman
believing in Allah and the Hereafter to mourn for the dead
beyond three days, but (in case of the death) of the
husband it is permissible for four months and ten days."
Zainab said: I then visited Zainab hint Jahsh (Allah be
pleased with her) when her brother died and she sent for
perfume and applied it and then said: By Allah, I don't
feel any need for the perfume but that I heard Allah's
Messenger (may peace be upon him) say on the pulpit:" It
is not permissible for a woman believing in Allah and the
Hereafbler to mourn the dead beyond three days except in
case of her husband (for whom she can mourn) for four
months and ten days." Zainab (Allah be pleased with her)
said: I heard my mother Umm Salama (Allah be pleased with
her) as saying: A woman came to Allah's Messenger (may
peace be upon him) and said: Allah's Messenger. I have a
daughter whose husband has died and there has developed
some trouble in her eye; should we apply collyrium to it?
Thereupon Allah's Messenger (may peace be upon him) said:
No (repeating it twice or thrice, saying only, NO" all the
time). Then he said: It is only four mouths and ten days,
whereas in the preIslamic period none of you threw away
the dung until one year had passed. Humaid said: I said to
Zainab: What is this throwing of dung until a year is
passed? Zainab said: When the husband of a woman died, she
went into a hut and put on her worst clothes, and did not
apply perfume or something like it until a year was over.
Then an animal like a donkey, or a goat, or a bird was
brought to her and she rubbed her hand over it, and it so
happened that one on which she rubbed her hand died. She
then came out of her house and she was given dung and she
threw it and then she made use of anything like perfume or
something else as she liked.
Zainab bint Umm Salama (Allah be pleased with her)
reported that a relative of Umm Habiba (Allah he pleased
with her) died. She sent for a yellow (perfume) and
applied that to her forearm and said: I, am doing it, for
I have heard Allah's Messenger (may peace be upon him)
saying: It is not permissible for a woman believing in
Allah and the Hereafter to mourn beyond three days except
the husband (for whom she can mourn) for four months and
ten days, This hadith was narrated by Zainab from her
mother and from Zainab, the wife of Allah's Apostle (may
peace be upon him), or from some other lady from among the
wives of the Prophet (may peace be upon him).
Zainab bint Umm Salama (Allah be pleased with her)
reported on the authority of her mother that a woman lost
her husband. (As her eyes were ailing) they (her kith and
kin) entertained fear about her eyes, so they came to
Allah's Apostle (may peace be upon him) and sought
permission for the use of collyrium, whereupon Allah's
Messenger (may peace be upon him) said: One among you used
to spend one year in a dungeon dressed in worst clothes.
(And at the end of this period) she threw dung at the dog
which happened to pass that way and then she came out (of
her 'Idda). Can't she (wait) even for four months and ten
days?
Humaid b. Nafi' narrated two traditions from Umm Salama
dealing with collyrium and the other hadith from the wives
of Allah's Prophet (may peace be upon him) except with
this that no mention was made of Zainab.
Zainab bint Abu Salama reported: Umm Salama and Umm
Habiba (Allah be pleased with them) were talking with each
other (and saying) that a woman came to Allah's Messenger
(may peace be upon him) and mentioned to him that her
daughter had lost her husband, and her eyes were sore and
she wnted to use collyrium, whereupon Allah's Messenger
(may peace be upon him) said: One among you used to throw
dung at the end of a year, and now (this abstinence from
adornment) is only for four months and ten days.
Zainab bint Abu Salama reported that when the news of
the death of Abu Safyan came to Umm Habiba she sent for
yellow (perfume) on the third day and rubbed it on her
forearms and on her cheeks and said: I had in fact no need
of it, but I heard Allah's Messenger (may peace be upon
him) as saying: It is not permissible for the women
believing in Allah and the Hereafter to abstain from
adornment beyond three days except (at the death of)
husband (in which case she must abstain from adornment)
for four months and ten days.
Safiyya bint Abu 'Ubaid reported on the authority of
Hafsa or 'A'isha (Allah be pleased with thein) or from
both of them that Allah's Messenger (may peace he upon
him) said: It is not permissible for a woman believing in
Allah and the Hereafter (or believing in Allah and His
Messenger) that she should observe mourning for the dead
beyond three days except in case of her husband.
Safiyya bint Abu 'Ubaid reported that she heard Hafsa
daughter of Umar (Allah be pleased with them), (and) wife
of Allah's Prophet (may peace be upon him), narrating a
hadith like this from Allah's Apostle (may peace be upon
him), and she made this addition:" She should abstain from
adorning herself (in case of the death of her husband) for
four months and ten days."
Safiyya bint Abu 'Ubaid narrated this tradition of
Allah's Prophet (may peace be upon him) on the authority
of some wives of Allah's Apostle (may peace be upon him)
'A'isha (Allah be pleased with her) reported Allah's
Messenger (may peace be upon him) as saying: It is not
permissible for a woman believing in Allah and the
Hereafter to observe mourning on the dead for more than
three (days), except in case of her husband.
Umm 'Atiyya (Allah be pleased with her) reported that
Allah's Messenger (may peace be upon him) had said: A
woman must not observe mouriaing for one who had died for
more than three (days) except for four months and ten days
in the case of her husband. and she must not wear a dyed
garment except one of the types made of dyed yarn, or
apply collyrium, or touch perfume except a little perfume
or incense, when she has been purified after her courses.
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.
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)
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.
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.
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.
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.
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?
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).
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.
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.
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.
'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.
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.
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."
'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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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).
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.
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.
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.
'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.
'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......"
'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.
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.
'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.
'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.
'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.
'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.
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
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.
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
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).
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).
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.
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.
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.
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.
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.
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
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.