Divorce: Kitab Al-Talaq


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