|
Translation of Sahih Muslim, Book 9:
The Book of 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
Book 009, Number 3473:
Ibn 'Umar (Allah be pleased with them) reported that he
divorced his wife while she was menstruating during the lifetime of Allah's Messenger (may
peace be upon him). 'Umar b. Khattib (Allah be pleased with him) asked Allah's Messenger
(may peace be upon him) about it, whereupon Allah's Messenger (may peace be upon him)
said: Command him ('Abdullah b. 'Umar) to take her back (and keep her) and pronounce
divorce when she is purified and she again enters the period of menstruation and she is
again purified (after passing the period of menses), and then if he so desires he may keep
her and if he desires divorce her (finally) before touching her (without having an
intercourse with her), for that is the period of waiting ('ldda) which God, the Exalted
and Glorious, has commanded for the divorce of women.
Book 009, Number 3474:
Abdullah (b. 'Umar) reported that he divorced a wife of his
with the pronouncement of one divorce during the period of menstruation. Allah's Messenger
(may peace be upon him) commanded him to take her back and keep her until she was
purified, and then she entered the period of menses in his (house) for the second time.
And he should wait until she was purified of her menses. And then if he would decide to
divorce her, he should do so when she was purified before having a sexual intercourse with
her; for that was the 'Idda which Allah had commanded for the divorce of women. Ibn Rumh
in his narration made this addition: When 'Abdullah was asked about it, he said to one of
them: If you have divorced your wife with one pronouncement or two (then you can take her
back), for Allah's Messenger (may peace be upon him) commanded me to do it; but if you
have divorced her with three pronouncements, then she is forbidden for you until she
married another husband, and you disobeyed Allah in regard to the divorce of your wife
what He had commanded you. (Muslim said: The word" one divorce" used by Laith is
good.)
Book 009, Number 3475:
Ibn Umar (Allah be pleased with them) reported: I divorced
my wife during the lifetime of Allah's Messenger (may peace be upon him) when she was in
the state of menses. 'Umar (Allah be pleased with him) made a mention of it to Allah's
Messenger (may peace be upon him), whereupon he said: Command him to take her back and
leave her (in that state) until she is purified. Then (let her) enter the period of second
menses, and when she is purified, then divorce her (finally) before having a sexual
intercourse with her, or retain her (finally). That is the 'Idda (the prescribed period)
which Allah commanded (to be kept in view) while divorcing the women. 'Ubaidullah
reported: I said to Nafi': What became of that divorce (pronounced within 'Idda)? He said:
It was as one which she counted.
Book 009, Number 3476:
A hadith like this has been narrated on the authority of
'Ubaidullah, but he made no mention of the words of Ubaidullah that he said to Nafi'.
Book 009, Number 3477:
Ibn 'Umar (Allah be pleased with them) reported that he
divorced his wife during the period of menses. 'Umar (Allah be, pleas'ed with him) asked
Allah's Apostle (may peace be upon him), and he commanded him ('Abdullah b. 'Umar) to have
her back and then allow her respite until she enters the period of the second menses, and
then allow her respite until she is purified, then divorce her (finally) before touching
her (having a sexual intercourse with her), for that is the prescribed period which Allah
commanded (to be kept in view) for divorcing the women. When Ibn 'Umar (Allah be pleased
with them) was asked about the person who divorces his wife in the state of menses, he
said: If you pronounced one divorce or two, Allah's Messenger (may peace be upon him) had
commanded him to take her back, and then allow her respite until she enters the period of
the second menses, and then allow her respite until she is purified, and then divorce her
(finally) before touching her (having a sexual intercourse with her) ; and if you have
pronounced (three divorces at one and the same time) you have in fact disobeyed your Lord
with regard to what He commanded you about divorcing your wife. But she is however
(finally separated from you).
Book 009, Number 3478:
Abdullah b. 'Umar (Allah be pleased with them) reported: I
divorced my wife while she was in the state of menses. 'Umar (Allah be pleased with him)
made mention of it to Allah's Apostle (may peace be upon him) and he was enraged and he
said: Command him to take her back until she enters the second ensuing menses other than
the one in which he divorced her and in case he deems proper to divorce her, he should
pronounce divorce (finally) before touching her (in the period) when she is purified of
her menses, and that is the prescribed period in regard to divorce as Allah has commanded.
'Abdullah made a pronouncement of one divorce and it was counted in case of divorce.
'Abdullah took her back as Allah's Messenger (may peace be upon him) had commanded him. A
hadith like this was reported on the authority of Zuhri with the same chain of narrators.
Ibn Umar (Allah be pleased with them), however, said: I took her back, and counted this
pronouncement of divorce (as valid) with which I divorced her.
Book 009, Number 3479:
Ibn 'Umar (Allah be pleased with them) reported that he
divorced his wife while she was in the state of menses. 'Umar (Allah be pleased with him)
made mention of it to Allah's Apostle (may peace be upon him) and he said: Command him to
take her back, then divorce her when she is pure or she is pregnant.
Book 009, Number 3480:
Ibn 'Umar (Allah be pleased with them) reported that he
divorced his wife while she was in her menses. 'Umar (Allah be pleased with him) asked
Allah's Apostle (may peace be upon him) about that, and he said: Command him to take her
back until she is pure and then she enters the second menses and then becomes pure. Then
either divorce her (finally) or retain her.
Book 009, Number 3481:
Ibn Sirin reported: One who was blameless (as a narrator)
narrated to me for twenty years that Ibn 'Umar (Allah be pleased with him) pronounced
three divorces to his wife while she was in the state of menses. He was commanded to take
her back. I neither blamed them (the narrators) nor recognised the hadith (to be perfectly
genuine) until I met Abu Ghallab Yunus b. Jubair al-Bahili and he was very authentic, and
he narrated to me that he had asked Ibn 'Umar (Allah be pleased with there) and he
narrated it to him that he made one pronouncement of divorce to his wife as she was in the
state of menses, but he was commanded to take her back. I said: Was it counted (as one
pronouncement)? He said: Why not, was I helpless or foolish?
Book 009, Number 3482:
A hadith like this has been transmitted on the authority of
Ayyub with a slight variation of words.
Book 009, Number 3483:
Ayyub reported a hadith like this with the same chain of
narrators and he said: Umar (Allah be pleased with him) asked Allah's Apostle (may peace
be upon him) about it and he commanded him that he should take her back until she is
divorced in the state of purity without having a sexual intercourse with her, and said:
Divorce her in the beginning of her 'Idda or her 'Idda commences.
Book 009, Number 3484:
Yunus b. Jubair reported: I said to Ibn'Umar (Allah be
pleased with them): A person divorcedhis wife while she was in the state of menses,
whereupon he said: Do you know 'Abdullah b. Umar (Allah be pleased with them), for he
divorced his wife in the state of menses. 'Umar (Allah be pleased with him) came to
Allah's Apostle (may peace be upon him) and asked him, and he (the Holy Prophet) commanded
him that he should take her back, and she started her 'Idda. I said to him: When a person
divorces his wife, and she is in the state of menses, should that pronouncement of divorce
be counted? He said: Why not, was he hopless or foolish?
Book 009, Number 3485:
Ibn 'Umar (Allah be pleased with them) reported: I divorced
my wife while she was in the state of menses. 'Umar (Allah he pleased wish him) came
toAllah's Apostle (may peace be upon him) and made mention of that to him, whereupon
Allah's Apostle (may peace be upon him) told that be should take her back, and when she is
pure he may divorce her. if he would so wish. I (one of the narrators) said to Ibn 'Umar
(Allah be pleased with them): Did you count (this pronouncement of divorce) in her case?
He said: What (after all) prevents him from doing so? Do you find him (Ibn Umar) either
helpless or foolish?
Book 009, Number 3486:
Anas b. Sirin reported: I asked Ibn 'Umar (Allah be pleased
with them) about the woman whom he had divorced. He said: I divorced her while she was in
the state of menses. It was mentioned to 'Umar (Allah be pleased with him) and he then
made a mention of that to Allah's Apostle (may peace be upon him), whereupon he said:
Command him to take her back and when the period of menses is over, then (he may divorce
her in the state of her purity. He (Ibn Umar) said: So I took her back, then divorced her
in her purity. I (the narrator) said: Did you count that divorce which you pronounced in
the state of menses? He said: Why should I not have counted that? Was I helpless or
foolish?
Book 009, Number 3487:
Anas b. Sirin reported that he had heard Ibn 'Umar (Allah
be pleased with them) as saying. I divorced my wife while she was in the state of menses.
'Umar (Allah be pleased with him) came to Allah's Apostle (may peace be upon him) and
informed him about it, whereupon he (Allah's Apostle) said: Command him to take her back
and when she is pure, then divorce her. I said to Ibn 'Umar Allah be pleased with them):
Did you count that pronouncement of divorce? He said: Why not? This hadith has been
narrated on the authority of Shu'ba with the same chain of transmitters but with a slight
variation in wording.
Book 009, Number 3488:
Ibn Tawus narrated on the authority of his father that Ibn
'Umar (Allah be pleased with them) was asked about the person who divorced his wife in the
state of menses, whereupon he said: Do you know 'Abdullah b. Umar? He said: Yes. He said:
It was he who divorced his wife jn the state of menses and 'Umar went to Allah's Apostle
(may peace be upon him) and gave him this information. and he commanded him that he should
take her back; and he (Abu Tawus) said: I did not hear any addition to this (hadith) from
my father.
Book 009, Number 3489:
Abu Zubair reported that he heard 'Abd al-Rahman b. Aiman
(the freed slave of 'Azza) say that he asked Ibn 'Umar (Allah be pleased with them) and
Abu Zubair heard: What is your opinion about the person who divorced his wife in the state
of menses? Thereupon he said: Ibn Umar (Allah be pleased with them) divorced his wife
during the lifetime of Allah's Messenger (may peace be upon him) while she was in the
state of menses. Upon this Allah's Messenger (may peace be upon him) told him to take her
back and so he took her back and he (further) said: When she is pure, then either divorce
her or retain her. Ibn 'Umar (Allah be pleased with them) said that Allah's Apostle (may
peace be upon him) then recited this verse:" O Apostle, when you divorce women,
divorce them at the commencement of their prescribed period" (Ixv 1).
Book 009, Number 3490:
A hadith like this is reported on the same authority (but
with this difference that the narrator) 'Abd al-Rahman b. Aiman (was mentioned) as the
freed slave of 'Urwa (Imam Muslim said: He made a mistake who said that it was 'Urwa; it
was in fact the freed slave of 'Azza.)
Chapter 2: PRONOUNCEMENT OF THREE DIVORCES
Book 009, Number 3491:
Ibn 'Abbas (Allah be pleased with them) reported that the
(pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be
upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased
with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said:
Verily the people have begun to hasten in the matter in which they are required to observe
respite. So if we had imposed this upon them, and he imposed it upon them.
Book 009, Number 3492:
Abu Sahba' said toIbn 'Abbas (Allah be pleased with them):
Do you know that three (divorces) were treated as one during the lifetime of Allah's
Apostle (may peace be upon him), and that of Abu Bakr, and during three (years) of the
caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them)
said: Yes.
Book 009, Number 3493:
Abu al-Sahba' said to Ibn 'Abbas: Enlighten us with your
information whether the three divorces (pronounced at one and the same time) were not
treated as one during the lifetime of Allah's Messenger (may peace be upon him) and Abu
Bakr. He said: It was in fact so, but when during the caliphate of 'Umar (Allah be pleased
with him) people began to pronounce divorce frequently, he allowed them to do so (to treat
pronouncements of three divorces in a single breath as one).
Chapter 3: ATONEMENT IS ESSENTIAL FOR ONE WHO MADE
HIS WIFE UNLAWFUL FOR HIMSELF WITHOUT THE INTENTION OF DIVORCE
Book 009, Number 3494:
Ibn Abbas (Allah be pleased with them) reported about
(declaring of one's woman) unlawful as an oath which must be atoned, and Ibn 'Abbas said:
Verily, there is in the Messenger of Allah (may peace be upon him) a model pattern for
you.
Book 009, Number 3495:
Ibn Abbas (Allah be pleased with them) reported: When a man
declares his wife unlawful for himself that is an oath which must be atoned, and he said:
There is in the Messenger of Allah (may peace be upon him) a noble pattern for you.
Book 009, Number 3496:
'A'isha (Allah be pleased with her) narrated that Allah's
Apostle (may peace be upon him) used to spend time with Zainab daughter of Jahsh and drank
honey at her house. She ('A'isha further) said: I and Hafsa agreed that one whom Allah's
Apostle (may peace be upon him) would visit first should say: I notice that you have an
odour of the Maghafir (gum of mimosa). He (the Holy Prophet) visited one of them and she
said to him like this, whereupon he said: I have taken honey in the house of Zainab bint
Jabsh and I will never do it again. It was at this (that the following verse was
revealed): 'Why do you hold to be forbidden what Allah has made lawful for you... (up to).
If you both ('A'isha and Hafsa) turn to Allah" up to:" And when the Holy Prophet
confided an information to one of his wives" (lxvi. 3). This refers to his saying:
But I have taken honey.
Book 009, Number 3497:
'A'isha (Allah be pleased with her) reported Allah's
Messenger (may peace be upon him) liked sweet (dish) and honey. After saying the afternoon
prayer he used to visit his wives going close to them. So he went to Hafsa and stayed with
her more than what was his usual stay. I ('A'isha) asked about that. It was said to me: A
woman of her family had sent her a small vessel of honey as a gift, and she gave to
Allah's Messenger (may peace be upon him) from that a drink. I said: By Allah, we would
also contrive a device for him. I mentioned that to Sauda, and said: When he (Allah's
Apostle) would visit you and draw close to you, say to him: Allah's Messenger, have you
taken maghafir? And he would'say to you: No. Then say to him: What is this odour? And
Allah's Messenger (may peace be upon him) felt it very much that unpleasant odour should
emit from him. So he would say to you: Hafsa has given me a drink of honey. Then you
should say to him: The honey-bees might have sucked 'Urfut, and I would also say the same
to him and. Safiyya, you should also say this. So when he (the Holy Prophet) came to
Sauda, she said: By Him besides whom there is no god, it was under compulsion that I had
decided to state that which you told me when he would be at a little distance at the door.
So when Allah's Messenger (may peace be upon him) came near, she said: Messenger of Allah,
did you eat Maghafir? He said: No. She (again) said: Then what is this odour? He said:
Hafsa gave me honey to drink. She said: The honey-bee might have sucked 'Urfut. When he
came to me I told him like this. He then visited Safiyya and she also said to him like
this. When he (again) visited Hafsa, she said: Messenger of Allah, should I not give you
that (drink)? He said: I do not need that. Sauda said: Hallowed be Allah, by Him we have
(contrived) to make that (honey) unlawful for him. I said to her: Keep quiet. This hadith
has been narrated on the authority of 'Urwa with the same chain of transmitters.
Chapter 4: MERE GIVING OF OPTION OF DIVORCE TO
WOMEN DOES NOT MAKE THE DIVORCE EFFECTIVE, BUT WHEN IT IS REALLY INTENDED
Book 009, Number 3498:
'A'isha (Allah be pleased with her) reported: When the
Messenger of Allah (may peace be upon him) was commanded to give option to his wives, he
started it from me saying: I am going to mention to you a matter which you should not
(decide) in haste until you have consulted your parents. She said that he already knew
that my parents would never allow me to seek separation from him She said: Then he said:
Allah, the Exalted and Glorious, said: Prophet, say to thy wives: If you desire this
world's life and its adornment, then come, I will give you a provision and allow you to
depart a goodly departing; and if you desire Allah and His Messenger and the abode of the
Hereafter, then Allah has prepared for the doers of good among you a great reward She is
reported to have said: About what should I consult my parents, for I desire Allah and His
Messenger and the abode of the Hereafter? She ('A'isha) said: Then all the wives of
Allah's Messenger (may peace be upon him) did as I had done.
Book 009, Number 3499:
'A'isha (Allah be pleased with her) reported that Allah's
Messenger (may peace be upon him) sought our permission when he had a (turn to spend) a
day with (one of his wives) amongst us (whereas he wanted to visit his other wives too).
It was after this that this verse was revealed:" Thou mayest put off whom thou
pleasest of them, and take for thee whom thou pleasest" (xxxiii. 5). Mu'adha said to
her: What did you say to Allah's Messenger (may peace be upon him) when he sought your
permission? She said: I used to say: If it had the option in this I would not have
(allowed anyone) to have precedence over me.
Book 009, Number 3500:
'A'isha reported: Allah's Messenger (may peace be upon him)
gave us the option (to get divorce) but we did not deem it as divorce.
Book 009, Number 3501:
Masruq reported: I do not mind if I give option to my wife
(to get divorce) once, hundred times, or thousand times after (knowing it) that she has
chosen me (and would never seek divorce). I asked 'A'isha (Allah be pleased with her)
(about it) and she said: Allah's Messenger (may peace be upon him) gave us the option, but
did it imply divorce? (It was in fact not a divorce; it is effective when women actually
avail themselves of it.)
Book 009, Number 3502:
'A'isha reported that Allah's Messenger (may peace be upon
him) gave option to his wives, but it was not a divorce.
Book 009, Number 3503:
'A'isha (Allah be pleased with her) reported: Allah's
Messenger (may peace be upon him) gave us the option (to get divorce) and we chose him and
he did not count it a divorce.
Book 009, Number 3504:
'A'isha (Allah be pleased with her) reported: Allah's
Messeinger (may peace be upon him) gave us the option (to get divorce), but me made a
choice of him and he did not count anything (as divorce) in regard to us.
Book 009, Number 3505:
A hadith like this has been transmitted on the authority of
'A'isha through another chain of narrators.
Book 009, Number 3506:
Jabir b. 'Abdullah (Allah be pleased with them) reported:
Abu Bakr (Allah be pleased with him) came and sought permission to see Allah's Messenger
(may peace be upon him). He found people sitting at his door and none amongst them had
been granted permission, but it was granted to Abu Bakr and he went in. Then came 'Umar
and he sought permission and it was granted to him, and he found Allah's Apostle (may
peace be upon him) sitting sad and silent with his wives around him. He (Hadrat 'Umar)
said: I would say something which would make the Holy Prophet (may peace be upon him)
laugh, so he said: Messenger of Allah, I wish you had seen (the treatment meted out to)
the daughter ofKhadija when you asked me some money, and I got up and slapped her on her
neck. Allah's Messenger (mav peace be upon him) laughed and said: They are around me as
you see, asking for extra money. Abu Bakr (Allah be pleased with him) then got up went to
'A'isha (Allah be pleased with her) and slapped her on the neck, and 'Umar stood up before
Hafsa and slapped her saying: You ask Allah's Messenger (may peace be upon him) which he
does not possess. They said: By Allah, we do not ask Allah's Messenger (may peace be upon
him) for anything he does not possess. Then he withdrew from them for a month or for
twenty-nine days. Then this verse was revealed to him:" Prophet: Say to thy wives...
for a mighty reward" (xxxiii. 28). He then went first to 'A'isha (Allah be pleased
with her) and said: I want to propound something to you, 'A'isha, but wish no hasty reply
before you consult your parents. She said: Messenger of Allah, what is that? He (the Holy
Prophet) recited to her the verse, whereupon she said: Is it about you that I should
consult my parents, Messenger of Allah? Nay, I choose Allah, His Messenger, and the Last
Abode; but I ask you not to tell any of your wives what I have said He replied: Not one of
them will ask me without my informing her. God did not send me to be harsh, or cause harm,
but He has sent me to teach and make things easy.
Chapter 5: ILA'AND KEEPING AWAY FROM THE WIVES
Book 009, 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).
Book 009, Number 3508:
Abdullah b. Abbas (Allah be pleased with tlicm) reported: I
intended to ask 'Umar b. al-Khattab (Allah be pleased with him) about a verse, but I
waited for one year to ask him out of his fear, until he went out for Pilgrimage and I
also accompanied him. As he came back and we were on the way he stepped aside towards an
Arak tree to ease himself. I waited for him until he was free. I then walked along with
him and said: Commander of the Faithful, who are the two among the wives of Allah's
Messenger (may peace be upon him) who backed up one another (in their demand for extra
money)? He said: They were Hafsa and 'A'isha (Allah be pleased with them). I said to him:
It is for one year that I intended to ask you about this matter but I could not date so on
account of the awe for you. He said: Don't do that. If you think that I have any
knowledge, do ask me about that. And if I were to know that, I would inform you. He (the
narrator) stated that 'Umar had said: By Allah, during the days of ignorance we had no
regard for women until Allah the Exalt- ed revealed about them what He has revealed, and
appointed (turn) for them what he appointed. He said: It so happened that I was thinking
about some matter that my wife said: I wish you had done that and that. I said to her: It
does not concern you and you should not feel disturbed in a matter which I intend to do.
She said to me: How strange is it that you, O son of Khattab, do not like anyone to retort
upon you, whereas your daughter retorts upon Allah's Messenger (may peace be upou him)
until he spends the day in vexation. 'Umar said: I took hold of my cloak, then came out of
my house until I visited Hafsa and said to her: O daughter, (I heard) that you retort upon
Allah's Messenger (may peace be upon him) until he spends the day in vexation, whereupon
Hafsa said: By Allah, we do retort upon him. I said: You should bear in mind, my daughter,
that I warn you against the punishment of Allah and the wrath of His Messenger (may peace
be upon him). You may not be misled by one whose beauty has fascinated her, and the love
of Allah's Messenger (may peace be upon him) for her. I ('Umar) then visited Umm Salama
because of my relationship with her and I talked to her. Umm Salama said to me: Umar b.
al-Khattab, how strange is it that you meddle with every matter so much so that you are
anxious to interfere between Allah's Messenger (may peace be upon him) and his wives, and
this perturbed me so much that I refrained from saying what I had to say, so I came out of
her apartment, and I had a friend from the Anar.
When I had been absent (from the company of the Holy
Prophet) he used to bring me the news and when he had been absent I used to bring him the
news, and at that time we dreaded a king of Ghassan. It was mentioned to us that he
intended to attack us, and our minds were haunted by him. My friend, the Ansari, came to
me, and he knocked at the door and said: Open it, open it. I said: Has the Ghassani come?
He said: (The matter is) more serious than that. The Messenger of Allah (may peace be upon
him) has separated himself from his wives. I said: Let the nose of Hafsa and 'A'isha be
besmeared with dust. I then took hold of my cloth and went out until I came and found
Allah's Messenger (may peace be upon him) in his attic to which he climbed by means of a
ladder made of date-palm, and the servant of Allah's Messenger (may peace be upon him) who
was black had been sitting at the end of the ladder. I said: This is Umar. So permission
was granted to me. I narrated this news to Allah's Messenger (may peace be upon him) and
as I narrated the news concerning Umm Salama, Allah's Messenger (may peace be upon him)
smiled. He was lying on the mat and there was nothing between him and that (mat), and
under his head there was a pillow made of leather and it was stuffed with plam fibres and
at his feet were lying a heap of sant tree (acacia niloctica, meant for dyeing) and near
his head there was hanging a hide. And I saw the marks of the maton the side of Allah's
Messenger (may peace be upon him), and so I wept. He said: What makes you weep? I said:
Messenger of Allah, the Khusrau and the Ceasars (spendd their lives in) the midst of
(luxuries), whereas you being Allah's Messenger (are leading your life in this poverty).
Thereupon Allah's Messenger (may peace be upon him) said: Don't you like that they should
have riches of their world, and you have the Hereafter.
Book 009, Number 3509:
Ibn Abbas (Allah be pleased with them) said: I came along
with Umar until we reached Marr al-Zahran (the name of a place), and the rest of the
hadith is the same as narrated by Sulaiman b. Bilal (except with) the variation (of words)
that I said: (What) about these two women? He said: They were Hafsa and Umm Salama. And he
made this addition: I came to the apartments and in every apartment there was (the noise)
of weeping. And this addition was also made: And he (the Holy Prophet) had taken an oath
of remaining away from them for a month, and when twenty-nine days had passed, he visited
them.
Book 009, Number 3510:
Ibn Abbas (Allah be pleased with them) is reported to have
said: I intended to ask Umar about those two ladies who had pressed for (worldly riches)
during the lifetime of the Holy Prophet (may peace be upon him), and I kept waiting for
one year, but found no suitable opportunity with him until I happened to accompany him to
Mecca. And as he reached Marr al Zahran he went away to answer the call of nature, and he
said (to me): Bring me a jug of water, and I took that to him. After having answered the
call of nature, as he came back, I began to pour water (over his hands and feet), and I
remembered (this event of separation of Allah's Apostle [may peace be upon him] from his
wives). So I said to him: Commander of the Faithful, who are the two ladies (who had
pressed the Holy Prophet [may peace be upon him] for providing comforts of life) and I had
not yet finished my talk when he said: They were 'A'isha and Hafsa.
Book 009, Number 3511:
Ibn 'Abbas (Allah be pleased with them) reported. I had
always been anxious to ask 'Umar (Allah be pleased with him) about the two ladies amongst
the wives of Allah's Prophet (may peace be upon Lim) about whom Allah, the Exalted,
said:" If you both turn in repentance to Allah, then indeed your hearts are inclined
(to this)" (Ixvi. 4), until 'Umar (Allah be pleased with him) set out for Hajj and I
also went along with him. And as we were going along a path, 'Umar (Allah be pleased with
hiyn) went aside and I also went aside with him with a jug (of water). He answered the
call of nature, and then came to me and I poured water over his hands and he performed
ablution I said: Commander of the Faithful, who are the two ladies amongst the wives of
Allah's Prophet (may peace be upon him) about whom Allah, the Exalted and Majestic, said:
'If you both turn to Allah in repentance, then indeed your heart are inclined to it"?
'Umar (Allah he pleased with him) said: How strange is it for you, Ibn 'Abbas! (Zuhri
said: By Allah, he disliked what he asked about, but did not keep it a secret.) He ('Umar)
said: They are Hafsa and 'A'isha; and he then began to narrate the hadith and said: We
were such people among the Quraish who dominated women, and as we reached Medina we found
there people who were dominated by their women, and our women began to learn (the habits)
of their women. He further said: And my house was situated in the suburb of Aledina in the
tribe of Banu Umayya b. Zaid. One day I became angry with my wife and she retorted upon
me. I did not like that she should retort upon me. She said: You disapprove of my
retorting upon you By Allah, the wives of Allah's Apostle (may peace be upon him) retort
upon him, and one of them detaches herself from him for the day until the night. So I
('Umar) went out and visited Hafsa and said: Do you retort upon Allah's Messenger (may
peace be upon him)? She said: Yes. I said; Does any one of you detach herself from him
from the day to the night? She said: Yes. He said: She who did like it amongst you in fact
failed and incurred loss. Does everyone amongst you not fear the wrath of Allah upon her
due to the wrath of His Messenger (may peace be upon him), and (as a result thereof) she
may perish? So do not retort upon Allah's Messenger (may peace be upon him) and do not ask
him for anything, but ask me that which you desire, (and the frank behaviour) of your
companion may not mislead you, if she is more graceful and is dearer to Allah's Messenger
(may peace be upon him) than you (meaning 'A'isha) (Allah be pleased with her).
He (Hadrat 'Umar further) said: I had a compalaion from the
Ansar and, we used to remain in the company of the Messenger (may peace be upon him) turn
by turn. He remained there for a day while I remained there on the other day, and he
brought me the news about the revelation and other (matter), and I brought him (the news)
like this. And we discussed that the Ghassanids were shoeing the horses in order to attack
us. Id y companion once attended (the Apostle). and then came to me at night and knocked
at my door and called me, and I came out to him, and he said: A matter of great importance
has happened. I said: What is that? Have the Ghassanids come? He said: No, but even more
serious and more significant than that: the Holy Prophet (may peace be upon him) has
divorced his wives. I said: Hafsa has failed and has incurred loss. and I feared that it
would happen. When it was dawn I observed the dawn prayer and dressed myself, and then
came there (in the house of the Holy Prophet) and visited Hafsa, and she was weeping. I
said: Has Allah's Messenger (may peace be upon him) divorced you (all)? She said: I do not
know. He has, however, separated himself in his attic. I came to a black servant and said
to him: Seek permission for 'Umar. He went in and then came to me and said: I made mention
of you to him, but he kept quiet. I then went to the pulpit and sat there, and there was a
group of people sitting by it and some of then were weeping. I sat there for some time,
until I was overpowered (by that very idea) which was in my mind. I then came back to the
boy and said to him: Seek permission for Umar. He went in and came to me and said: I made
mention of you to him but he kept quiet. I was about to turn back when the boy called me
and said: Go in; permission has been granted to you. I went in and greeted Allah's
Messenger (may peace be upon him) and he was reclining against the couch of mat and it had
left its marks upon his side. I said: Messenger of Allah, have you divorced your wives? He
raised his head towards me and said: No. I said: Allah is the Greatest. Messenger of
Allah, I wish if you had seen how we the people of Quraish had domination over women but
when we came to Medina we found people whom their women dominated. So our women began to
learn from their women. One dily I became angry with my wife and she began to retort upon
me. I did not approve that she should retort upon me. She said: You do not like that I
should retort upon you, but, by Allah. the wives of Allah's Apostle (may peace be upon
him) retort upon him and any one of them separates herself from him for a day until night.
I said: He who did that amongst them in fact failed and incurred loss. Does any of them
feel sate from the wrath of Allahupon her due to the wrath of Allah's Messenger (may peace
be upon him), and she has certainly perished. Allah's Messtnger (may peace be upon him)
smiled, I said: Messenger of Allah, I visited Hafsa and said: (The behaviour) of your
companion ('A'isha) may not mislead you, If she is more graceful than you and is dearer to
Allah's Messenger (may peace be upon him) than you.
Allah's Messenger (may peace be upon him) smiled for the
second time. I said: Allah's Messenger, way I talk to you about agreeable things? He said:
Yes. I sat down and lifted my head (to see things) in the house and, by Allah, I did not
see anything significant besides three hides. I said: Messenger of Allah, supplicate the
Lord that He should make (life) prosperous for your Ummah as He has made plentiful for the
people of Persia and Rome (in spite of the fact) that they do no, worship Allah, the
Exalted and Majestic, whereupon he (Allah's Messenger) sat up an I then said: Ibn Khattab,
do you doubt that they are a nation whom their nice things have been given immediately in
the life of this world. I said: Allah's Messenger! seek pardon for me. And he (Allah's
Messenger) had taken an oath that he would not visit them for a month due to extreme
annoyance with them until Allah showed His displeasure to him (Allah's Messenger). Zuhri
said: 'Urwa informed me that 'A'Isha (Allah be pleased with her) said: When twenty-nine
nights were over, Allah's Messenger (may peace be upon him) visited me, and he began (his
visit) with me. I said: Messenger of Allah, you had taken an oath that you would not visit
us for a month, while you have visited after I have counted only twenty-nine (nights).
Thereupon he said: The month may also be of twenty-nine (days). He then said: 'A'isha, I
am going to talk to you about a matter, and you should not be hasty in it (and do not give
your final decision) until you have consulted your parents. He then recited this verse to
me:" O Prophet, say to your wives" till he reached" mighty reward"
(xxxiii. 28). 'A'isha (Allah be pleased with her) said: By Allah, he knew that my parents
would not allow me to separate from him. I said: Is there any need to consult my parents
in this matter? I in fact choose Allah and His Messenger (may peace be upon him) and the
abode in the Hereafter. Ma'mar said: Ayyub reported to me that 'A'isha said: Don't inform
your wives that I have chosen you, whereupon Allah's Apostle (may peace be upon him) said:
Verily Allah has sent me as a conveyer of message, and He has not sent me as a source of
hardship (to others). Qatada said:" Saghat qulubukum" means" Your hearts
have inclined."
Chapter 6: THERE IS NO MAINTENANCE ALLOWANCE FOR
ONE WHO HAS BEEN GIVEN IRREVOCABLE DIVORCE
Book 009, Number 3512:
Fatima bint Qais reported that Abu 'Amr b. Hafs divorced
her absolutely when he was away from home, and he sent his agent to her with some barley.
She was displeased with him and when he said: I swear by Allah that you have no claim on
us. she went to Allah's Messenger (may peace be upon him) and mentioned that to him. He
said: There is no maintenance due to you from him, and he commanded her to spend the 'Idda
in the house of Umm Sharik, but then said: That is a woman whom my companions visit. So
better spend this period in the house of Ibn Umm Maktum, for he is a blind man and yon can
put off your garments. And when the 'Idda is over, inform me. She said: When my period of
'Idda was over, I mentioned to him that Mu'awiya b. Abu Sufyan and Jahm had sent proposal
of marriage to me, whereupon Allah's Messenger (may peace be upon him) said: As for Abu
Jahm, he does not put down his staff from his shoulder, and as for Mu'awiya, he is a poor
man having no property; marry Usama b. Zaid. I objected to him, but he again said: Marry
Usama; so I married him. Allah blessed there in and I was envied (by others).
Book 009, Number 3513:
Fatima bint Qais reported that her husband divorced her
during the life time of Allah's Prophet (may peace be upon him) and gave her a meagre
maintenance allowance. When she saw that, she said: By Allah, I will inform Allah's
Messenger (may peace be upon him), and if maintenance allowance is due to me then I will
accept that which will suffice me, and if it is not due to me, I will not accept anything
from him. She said: I made a mention of that to Allah's Messenger (may peace be upon him)
and he said: There is neither maintenance allowance for you nor lodging.
Book 009, Number 3514:
Fatima bint Qais reported that her husband al-Makhzulmi
divorced her and refused to pay her maintenance allowance. So she came to Allah's
Messenger (may peace he upon him) and informed him, whereupon he said: There is no
maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live
with him for he is a blind man and you can put off your clothes in his house (i. e. you
shall not face much difficulty in observing purdah there).
Book 009, Number 3515:
Abu Salama reported that Fatima bint Qais, the sister of
al-Dahhak b. Qais informed him that Abu Hafs b. Mughira al-Makhzumi divorced her three
times and then he proceeded on to the Yemen. The members of his family said to her: There
is no maintenance allowance due to you from us. Khalid b. Walid along with a group of
persons visited Allah's Messenger (may peace be upon him) in the house of Maimuna and they
said: Abu Hafs has divorced his wife with three pronouncements; is there any maintenance
allowance due to her? Thereupon Allah's Messenger (may peace be upon him) said: No
maintenance allowance is due to her, but she is required to spend the 'Idda; and he sent
her the message that she should not be hasty in making a decision about herself and
commanded her to move to the house of Umm Sharik, and then sent her the message that as
the first immigrants (frequently) visit the house of Umm Sharik, she should better go to
the house of Ibn Umm Maktum, the blind, (and further said: In case you put off your
head-dress, he (Ibn Umm Makhtum) will not see you. So she went to his house, and when the
'Idda was over, Allah's Messenger (may peace be upon him) married her to Usama b. Zaid b.
Haritha.
Book 009, Number 3516:
Fatima bint Qais reported: I had been married to a person
from Banu Makhzum and he divorced me with irrevocable divorce. I sent a message to his
family asking for maintenance allowance, and the rest of the hadith has been transmitted
with a slight change of words.
Book 009, Number 3517:
Fatima bint Qais (Allah be pleased with her) reported that
she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three
pronouncements. She stated that she went to Allah's Messenger (may peace be upon him)
asking him about abandoning that house. He commanded her to move to the house of Ibn Umm
Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house
(before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima
bint Qais. This hadith has been transmitted through another chain of narrators.
Book 009, Number 3518:
'Ubaidullah b. 'Abdullah b. 'Utba reported that 'Amr b.
Hafs b. al-Mughira set out along with 'Ali b. Abi Talib (Allah be pleased with him) to the
Yemen and sent to his wife the one pronouncement of divorce which was still left from the
(irrevocable) divorce; and he commanded al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to
give her maintenance allowance. They said to her: By Allah, there is no maintenance
allowance for you, except in case you are pregnant. She came to Allah's Apostle (may peace
he upon him) and mentioned their opinion to him, whereupon he said: There is no
maintenance allowance for you. Then she sought permission to move (to another place), and
he (the Holy Prophet) permitted her. She said: Allah's Messenger, where (should I go)? He
said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garmeqts
in his presence and he would not see her. And when her 'Idda was over. Allah's Apostle
(may peace be upon him) married her to Usama b. Zaid. Marwan (the governor of Medina) sent
Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him,
whereupon Marwan said: We have not heard this hadith but from a woman. We would adopt a
safe (path) where we found the people. Fatima said that when these words of, Marwan were
conveyed to her. There is between me and you the word of Allah, the Exalted and Majestic:
Do" not turn them out" of their houses. She asserted: This is in regard to the
revocable divorce what new (turn can the event take) after three pronouncements
(separation between irrevocable). Why do you say there is no maintenance allowance for her
if she is not pregnant? Then on what ground do you restrain her?
Book 009, Number 3519:
Sha'bi reported: I visited Fatima bint Qais and asked her
about the verdict of Allah's Messenger (may peace be upon him) about (board and lodging
during the 'Idda) and she said that her husband divorced her with an irrevocable divorce.
She (further. said): I contended with him before Allah's Messerger (may peace be upon him)
about lodging and maintenance allowance, and she said: He did not provide me with any
lodging or maintenance allowance, and he commanded me to spend the 'Idda in the house of
Ibn Umm Maktum.
Book 009, Number 3520:
A hadith like this has been trarismitted on the authority
of Hushaim through another chain of narrators.
Book 009, Number 3521:
Sha'bi reported: We visited Fitima hint Qais and she served
us fresh dates and a drink of barley flour, and I asked where should a woman who has been
divorced by three pronouncements, spend the period of her 'Idda. She said: My husband
divorced me with three pronouncements, and Allah's Apostle (may peace be upon him)
permitted me to spend my 'Idda period in my family (with my parents).
Book 009, Number 3522:
Fatima bint Qais (Allah be pleased with her) reported from
Allah's Messenger (may peace be upon him) that there is no lodging and maintenance
allowance for a woman who has been given irrevocable divorce.
Book 009, Number 3523:
Fatima bint Qais (Allah be pleased with her) reported: My
husband divorced me with three pronouncements. I decided to move (from his house to
another place). So I came to Allah's Messenger (may peace be upon him), and he said: Move
to the house of your cousin 'Amr b. Umm Maktum and spend your period of 'Idda there.
Book 009, Number 3524:
Abu Ishaq reported: I was with al-Aswad b. Yazid sitting in
the great mosque, and there was with us al-Sha'bi, and he narrated the narration of Fatima
bint Qais (Allah be pleased with her) that Allah's Messenger (may peace be upon him) did
not make any provision for lodging and maintenance allowance for her. Al-Aswad caught hold
of some pebbles in his fist and he threw them towards him saying: Woe be to thee, you
narrate like it, whereas Umar said: We cannot abandon the Book of Allah and the Sunnah of
our Apostle (may peace be upon him) for the words of a woman. We do not know whether she
remembers that or she forgets. For her, there is a provision of lodging and maintenance
allowance. Allah, the Exalted and Majestic, said:" Turn them not from their houses
nor should they themselves go forth unless they commit an open indecency" (lxv. 1).
Book 009, Number 3525:
A hadith like this has been narrated on the authority of
Ishaq with the same chain of transmitters.
Book 009, Number 3526:
Fatima bint Qais (Allah be pleased with her) reported that
her husband divorced her with three, pronouncements and Allah's Messenger (may peace be
upon him) made no provision for her lodging and maintenance allowance. She (further said):
Allah's Messenger (may peace be upon him) said to me: When your period of 'Idda is over,
inform me. So I informed him. (By that time) Mu'awiya, Abu Jahm and Usama b. Zaid had
given her the proposal of marriage. Allah's Messenger (may peace be upon him) said: So far
as Mu'awiya is concerned, he is a poor man without any property. So far as Abu Jahm is
concerned, he is a great beater of women, but Usama b. Zaid... She pointed with her hand
(that she did not approve of the idea of marrying) Usama. But Allah's Messenger (may peace
be upon himn) said: Obedience to Allah and obedience to His Messenger is better for thee.
She said: So I married him, and I became an object of envy.
Book 009, Number 3527:
Fatima bint Qais (Allah be pleased with her) reported: My
husband Abu 'Amr b. Hafs b. al-Mughira sent 'Ayyish b. Abu Rabi'a to me with a divorce,
and he also sent through him five si's of dates and five si's of barley. I said: Is there
no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in
your house? He said: No. She said: I dressed myself and came to Allah's Messenger (may
peace be upon him). He said: How many pronouncements of divorce have been made for you? I
said: Three. He said what he ('Ayyish b. Abu Rabi'a) had stated was true. There is no
maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm
Maktum. He is blind and you can put off your garment in his presence. And when you have
spent your Idda period, you inform me. She said: Mu'awiya and Abu'l-Jahm (Allah be pleased
with them) were among those who had given me the proposal of marriage. Thereupon Allah's
Apostle (may peace be upon him) said: Mu'awiya is destitute and in poor condition and
Abu'l-Jahm is very harsh with women (or he beats women, or like that), you should take
Usama b. Zaid (as your husband).
Book 009, Number 3528:
Abu Bakr b. Abu'l-Jahm reported: I and Abu Salama b 'Abd
al-Rahman came to fatima bint Qais (Al! ah be pleased with her) and asked her (about
divorce, etc.). She said: I was the wife of Abu 'Amr b. Hafs b. al-Mughira, and he set out
to join the battle of Najran. The rest of the hadith is the same, but he made this
addition:" She said: I married him and Allah hornoured me on account of Ibn Zaid and
Allah favoured me because of him."
Book 009, Number 3529:
Abu Bakr reported: I and Abu Salama came to Fatima bint
Qais (Allah be pleased with her) during the time of Ibn Zubair (Allah be pleased with him)
and she narrated to us that her husband gave her an irrevocable divorce. (The rest of the
hadith is the same.)
Book 009, Number 3530:
Fatima bint Qais (Allah be pleased with her) reported: My
husband divorced me with three pronouncements and Allah's Messenger (may peace be upon
him) made no provision for lodging and maintenance allowance.
Book 009, Number 3531:
Hisham reported on the authority of his father that Yahya
b. Sa'id b. al-'As married the daughter of 'Abd al-Rahman b. al-Hakam, and he divorced her
and he turned her out from his house. 'Urwa (Allah be -pleased with him) criticised this
(action) of theirs (the members of the family of her in-laws). They said: Verily, Fatima
too went out (of her in-laws' house). 'Urwa said: I came to 'A'isha (Allah be pleased with
her) and told her about it and she said: There is no good for Fatima bint Qais (Allah be
pleased with her) in making mention of it.
Book 009, Number 3532:
Fatima bint Qais (Allah be pleased with her) reported that
she said: Allah's Messenger, my husband has divorcee me with three pronouncements and I am
afraid that I may be put to hardship, and so he commanded her and so she moved (to another
house).
Book 009, Number 3533:
'A'isha (Allah be pleased with her) said: It is no good for
Fatima to make mention of it, i. e. her statement:" There is no lodging and
maintenance allowance (for the divorced women)."
Book 009, Number 3534:
Ibn al-Qasim narrated on the authority of his father that
'Urwa b. Zubair (Allah be pleased with him) said to 'A'isha (Allah be pleased with her):
Didn't you see that such and such daughter of al-Hakam was divorced by her husband with an
irrevocable divorce, and she left (the house of her husband)? Thereupon 'A'isha (Allah be
pleased with her) said: It was bad that she did. He ( Urwa) said: Have you not heard the
words of Fatima? Thereupon she said: There if no good for her in making mention of it.
Chapter 7: ONE WHO IS DIVORCED BY THREE
PRONOUNCEMENTS OR WHOSE HUSBAND HAS DIED CAN GET OUT OF HER HOUSE FOR A NEED DURING HER
PERIOD OF 'IDDA
Book 009, Number 3535:
Jabir b. 'Abdullah (Allah be pleased with them) reported:
My maternal aunt was divorced, and she intended to pluck her dates. A person scolded her
for having come out (during the period of 'Idda). She came to Allah's Prophet (may peace
be upon him.) and he said: Certainly you can pluck (dates) from your palm trees, for
perhaps you may give charity or do an act of kindness.
Chapter 8: THE PERIOD OF 'IDDA COMES TO AN END WITH
THE BIRTH OF THE CHILD
Book 009, Number 3536:
'Ubaidullah b. 'Abdullah b. 'Utba (b. Mas'ud) reported that
his father wrote to Umar b. 'Abdullah b al Arqam al-Zuhri that he would go to Subai'ah
bint al-Hirith al-Aslamiyya (Allah be pleased with her) and ask her about a verdict from
him which Allah's Messenger (may peace be upon him) gave her when she had asked that from
him (in regard to the termination of 'Idda at the birth of a child) 'Umar b. Abdullah
wrote to 'Abdullah b. 'Utba informing him that Subai'ah had told him that she had been
married to Sa'd b. Khaula and he belonged to the tribe of Amir b. Lu'ayy, and was one of
those who participated in the Battle of Badr, and he died in the Farewell Pilgrimage and
she had been in the family way at that time. And much time had not elapsed that she gave
birth to a child after his death and when she was free from the effects of childbirth she
embellished herself for those who had to give proposals of marriage. Abd al-Sunabil b.
Ba'kak (from Banu 'Abd al-Dar) came to her and said: What is this that I see you
embellished; perhaps you are inclined to marry, By Allah, you cannot marry unless four
months and ten days (of 'Idda are passed). When he said that. I dressed myself, and as it
was evening I came to Allah's Messenger (may peace be upon him) and asked him about it,
and he gave me a religious verdict that I was allowed to marry when I had given birth to a
child and asked me to marry if I so liked. Ibn Shihab said: I do not find any harm fur her
in marrying when she has given birth to a child even when she is bleeding (after the birth
of the child) except that her husband should not go near her until she is purified.
Book 009, Number 3537:
Abu Salama b. 'Abd al-Rahman and Ibn 'Abbas. (Allah be
pleased with them) got together in the house of Abu Huraira (Allah be pleased with him)
and began to discuss about the woman who gave birth to a child a few nights after the
death of her husband. Ibn 'Abbas (Allah be pleased with then) ) said: Her 'Idda is that
period which is longer of the two (between four months and ten days and the birth of the
child, whichever is longer). AbuSalama, however said: Her period of 'Idda is over (with
the birth of the child), and they were contending with each other over this issue,
whereupon Abu Huraira (Allah be pleased with him) said: I subscribe (to the view) held by
my nephew (i. e. Abu Salama). They sent Kuraib (the freed slave of Ibn 'Abbas) to Umm
Salama to ask her about it. He came (back) to them and informed them that Umm Salama
(Allah be pleased with her) said that Subai'ah al-Aslamiyya gave birth to a child after
the death of her husband when the few flights (had hardly) passed and she made mention of
that to Allah's Messenger (may peace be upon him) and he commanded her to marry.
Book 009, Number 3538:
This hadith has been narated with the same chain of
transrmitters except with a small change of words (and that is): They sent him to Umm
Salama, but no mention was made of Kuraib.
Chapter 9: IT IS OBLIGATORY TO ABSTAIN FROM
ADORNMENT DURING THE 'IDDA PERIOD, BUT MOURNING BEYOND THREE DAYS IS PROHIBITED
Book 009, Number 3539:
Zainab (bint Abu Salama) (Allah be pleased with her)
reported: I went to Umm Habiba, the wife of Allah's Apostle (may peace be upon him), when
her father Abu Sufyan had died. Umm Habiba sent for a perfume having yellowness in it or
something else like it, and she applied it to a girl and then rubbed it on her cheeks and
then said: By Allah, I need no perfume but for the fact that I heard Allah's Messenger
(may peace be upon him) say on the pulpit:" It is not permissible for a woman
believing in Allah and the Hereafter to mourn for the dead beyond three days, but (in case
of the death) of the husband it is permissible for four months and ten days." Zainab
said: I then visited Zainab hint Jahsh (Allah be pleased with her) when her brother died
and she sent for perfume and applied it and then said: By Allah, I don't feel any need for
the perfume but that I heard Allah's Messenger (may peace be upon him) say on the
pulpit:" It is not permissible for a woman believing in Allah and the Hereafbler to
mourn the dead beyond three days except in case of her husband (for whom she can mourn)
for four months and ten days." Zainab (Allah be pleased with her) said: I heard my
mother Umm Salama (Allah be pleased with her) as saying: A woman came to Allah's Messenger
(may peace be upon him) and said: Allah's Messenger. I have a daughter whose husband has
died and there has developed some trouble in her eye; should we apply collyrium to it?
Thereupon Allah's Messenger (may peace be upon him) said: No (repeating it twice or
thrice, saying only, NO" all the time). Then he said: It is only four mouths and ten
days, whereas in the preIslamic period none of you threw away the dung until one year had
passed. Humaid said: I said to Zainab: What is this throwing of dung until a year is
passed? Zainab said: When the husband of a woman died, she went into a hut and put on her
worst clothes, and did not apply perfume or something like it until a year was over. Then
an animal like a donkey, or a goat, or a bird was brought to her and she rubbed her hand
over it, and it so happened that one on which she rubbed her hand died. She then came out
of her house and she was given dung and she threw it and then she made use of anything
like perfume or something else as she liked.
Book 009, Number 3540:
Zainab bint Umm Salama (Allah be pleased with her) reported
that a relative of Umm Habiba (Allah he pleased with her) died. She sent for a yellow
(perfume) and applied that to her forearm and said: I, am doing it, for I have heard
Allah's Messenger (may peace be upon him) saying: It is not permissible for a woman
believing in Allah and the Hereafter to mourn beyond three days except the husband (for
whom she can mourn) for four months and ten days, This hadith was narrated by Zainab from
her mother and from Zainab, the wife of Allah's Apostle (may peace be upon him), or from
some other lady from among the wives of the Prophet (may peace be upon him).
Book 009, Number 3541:
Zainab bint Umm Salama (Allah be pleased with her) reported
on the authority of her mother that a woman lost her husband. (As her eyes were ailing)
they (her kith and kin) entertained fear about her eyes, so they came to Allah's Apostle
(may peace be upon him) and sought permission for the use of collyrium, whereupon Allah's
Messenger (may peace be upon him) said: One among you used to spend one year in a dungeon
dressed in worst clothes. (And at the end of this period) she threw dung at the dog which
happened to pass that way and then she came out (of her 'Idda). Can't she (wait) even for
four months and ten days?
Book 009, Number 3542:
Humaid b. Nafi' narrated two traditions from Umm Salama
dealing with collyrium and the other hadith from the wives of Allah's Prophet (may peace
be upon him) except with this that no mention was made of Zainab.
Book 009, 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.
Book 009, Number 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.
Book 009, Number 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.
Book 009, Number 3546:
A hadith like this is transmitted on the authority of
Nafi'.
Book 009, Number 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."
Book 009, Number 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)
Book 009, Number 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.
Book 009, Number 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.
Book 009, Number 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.
Book 009, Number 3552:
Umm 'Atiyya ('Allah be pleased with her) said: We were
forbidden to observe mourning for the dead beyond three days except in the case of husband
(where it is permissible) for four months and ten days, and (that during this period) we
should neither use collyrium nor touch perfume, nor wear dyed clothes, but concession was
given to a woman when one of us was purified of our courses to make use of a little
incense or scent.
Chapter 10: LI'AN (INVOKING CURSE)
Book 009, Number 3553:
Sahl b. Sa'd al-Sa'idi reported that'Uwaimir al-'Ajlani
came to 'Asim b. 'Adi al-Ansari and said to him. Tell me about a person who finds a man
with his wife; should he kill him, and be killed In retaliation; or how should he act?
'Asim, ask for me (religious verdict about it) from Allah's Messenger (may peace be upon
him). So 'Asim asked Allah's Messenger (may peace be upon him) and he did not like this
question and he disapproved of it so much that'Asim felt aggrieved at what he had heard
from Allah's Messenger (may peace be upon him). When 'Asim came back to his family,
'Uwaimir came to him and said: 'Asim, what did Allah's Messenger (may peace be upon him)
say to you? 'Asim said to 'Uwaimir: You did not bring something good. Allah's Messenger
(may peace be upon him) did not like this religious verdict that I sought from him.
'Uwaimir said: By Allah, I will not rest until I have asked him about it. 'Uwaimir
proceeded until he came to Allah's Messenger (may peace be upon him) as he was sitting
amidst people, and said: Messenger of Allah, tell me about a person who found a man with
his wife. Should he kill him, and then you would kill him, or how should he act? Thereupon
Allah's Messenger (may peace be upon him) said: (Verses) have been revealed concerning you
and your wife; so go and bring her. Sahl said that they both invoked curses (and further
said): I was along with people in the company of Allah's Messenger (may peace be upon
him). And when they had finished, Uwaimir said: Allah's Messenger, I shall have told a lie
against her if I keep her (now). So he divorced her with three pronouncements before
Allah's Messenger (may peace be upon him) had commanded him. Ibn Shihab said: Subsequently
that was the practice of invokers of curses (al Mutala'inain)
Book 009, Number 3554:
Sahl b. Sa'd reported.. 'Uwaimir al-Ansari (Allah be
pleased with him) from Banu'l-'Ajlan came to 'Asim b. 'Adi (Allah be pleased with him) the
remaining part of the hadith is the same and it was also reecorded in it:" And
subsequebtly the separation became the practice of al-Mutala'inain." And this
addition was also made:" She was pregnant and her son was ascribed to her, and it
became customary that such (a son) would inherit her and she would inherit him in the
share prescribed by Allah for her.
Book 009, Number 3555:
Ibn Shihab narrated about the invokers of curses and the
practice of (li'an) based on the authority of Sahl b. Sa'd, of the tribe of Sa'ida. that a
person from the Ansar came to Allah's Apostle (may peace be upon him) and said: Allah's
Messenger, tell me about the person who found a man with his wife. The remaining part of
the hadith is the same (but) with this addition: They invoked curses in the mosque and I
was present there. And he narrated in the hadith: He divorced her with three
pronouncements before Allah's Messenger (may peace be upon him) commanded him (to get
separation). He separated from her in the presence of Allah's Apostle (may peace be upon
him), whereupon he said: There is a separation between the invokers of curses.
Book 009, Number 3556:
Sa'id b Jubair reported: I was asked about the invokers of
curses during the reign of Mus'ab (b. Zubair) whether they could separate (themselves by
this process). He said: I did not understand what to say. So I went to the house of Ibn
'Umar (Allah be pleased with them) in Mecca. I said to his servant: Seek permission for
Me. He said that he (Ibn 'Umar) had been taking rest. He (Ibn 'Umar) heard my voice. and
said: Are you Ibn Jubair? I said: Yes. He'said: Come in. By Allah, it must be some (great)
need which has brought you here at this Hour. So I got in and found him lying on a blanket
reclining against a pillow stuffed with fibres of date-palm. I said: O Abu'Abd al-Rahman,
should there be separation between the invokers of curses? He said: Hallowed be Allah,
yes, The first one who asked about it was so and so. he said: Messenger of Allah, tell me
If one of us finds his wife committing adultery: what should he do? If he talks, that is
something great, and if he keeps quiet that is also (something great) (which he cannot
afford to do). Allah's Prophet (may peace be upon him) kept quiet (or some time). After
some time he (that very person) came to him (Allah's Messenger) and said: I have been
involved in that very cage about which I had asked you Allah the Exalted and Majestic then
revealed (these) verses of Surah Nur:" Those who accuse their wives" (verse 6),
and he (the Holy Prophet) recited them to him and admonished him, and exhorted him and
informed him that the torment of the world is less painful than the torment of the
Hereafter. He said: No, by Him Who sent you with Truth, I did not tell a lie against her.
He (the Holy Prophet) then called her (the wife of that person who had accused her) and
admonished her, and exhorted her, and informed her that the torment of this world is less
painful than the torment of the Hereafter. She said: No, by Him Who sent thee with Truth,
he is a liar. (it was) the man who started the swearing of oath and he swore in the name
of Allah four times that he was among the truthful. and at the fifth turn he said: Let
there be curse of Allah upon him if he were among the liars. Then the woman was called and
she swore four times in the name of Allah that he (her husband) was among the liars, and
at the fifth time (she said): Let there be curse upon her if he were among the truthful.
He (the Holy Prophet) then effected separation between the two. A hadith like this is
narrated by Ibn Numair with a slight variation of words.
Book 009, Number 3557:
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger (may peace be upon him) saying to the invokers of curse: Your account is with
Allah. One of you must be a liar. You have now no right over this woman. He said:
Messenger of Allah, what about my wealth (dower that I paid her at the time of marriage)?
He said: You have no claim to wealth. If you tell the truth, it (dower) is the recompense
for your having had the right to intercourse with her, and if you tell a lie against her,
it is still more remote from you than she is. Zuhair said in his narration: Sufyan
reported to us on the authority of 'Amr that he had heard Sa'id b Jubair saying: I heard
Ibn Umar (Allah be pleased with them) saying that Allah's Messenger (may peace be upon
him) had said it.
Book 009, Number 3558:
Ibn 'Umar (Allah be pleased with them) said that Allah's
Messenger (may peace be upon him) effected separation between the two members of Banu
al-'Ajlan, and said: Allah knows that one of you is a liar. Is there one to repent among
you?
Book 009, Number 3559:
Sa'id b. Jubair reported: I asked Ibn 'Umar (Allah be
pleased with them) about invoking curse (li'an), and he narrated Similarly from Allah's
Apostle (may peace be upon him).
Book 009, Number 3560:
Sa'id b. Jubair reported that Mus'ab b. Zubair did not
effect separation between the Mutala'inain (invokers of curses). Sa'id said: It was
mentioned to 'Abdullah b. Umar (Allah be pleased with them) and he said: Allah's Apostle
(may peace be upon him) effected separation between the two members of Banu al-'Ajlan.
Book 009, Number 3561:
Nafi' reported on the authority of Ibn Umar (Allah be
pleased with them) that a person invoked curse on the wife during the lifetime of Allah s
Messenger (may peace be upon him), so he effected separation between them and traced the
lineage of the son to his mother.
Book 009, Number 3562:
Ibn 'Umar (Allah be pleased with them) reported: Allah's
Messenger (may peace be upon him) asked a person from the Anger and his wife to invoke
curse (upon one another in order to testify to their truthfulness), and then effected
separation between them.
Book 009, Number 3563:
A hadith like this has been narrated on the authority of
'Ubaidulah with the same chain of transmitters.
Book 009, Number 3564:
'Abdullah reported: We were on the night of Friday staying
in the mosque when a person from the Ansar came there and said: If a person finds hiswoman
along with a man, and he speaks about it, you would lash him, and if he kills, you will
kill him, and if he keeps quiet he shall have to consume anger. By Allah, I will
definitely ask about him from Allah's Mescenger (may peace be upon him). On the following
day he came to Allah's Messenger (may peace be upon him) and asked him thus: If a man were
to find with his wife a man and if he were to talk about it, you would lash him; and if he
killed, you would kill him, and if he were to keep quiet. he would consume anger,
whereupon he (the Holy Prophet) said: Allah, solve (this problem), and he began to
supplicate (before Him), and then the verses pertaining to li'an were revealed:"
Those who accuse their wives and have no witnesses except themselves" (xxiv. 6). The
person was then put to test according to these verses in the presence of the people. There
came he and his wife in the presence of Allah's Messenger (may peace be upon him), and
they invoked curses (in order to testify their claim). The man swore four times in the
name of Allah that he was one of the truthful and then invoked curse for the fifth time
saying: Let there be curse of Allah upon him if he were among the liars. Then she began to
invoke curse. Allah's Messenger (may peace be upon him) said to her: just wait (and curse
after considering over it), but she refused and invoked curse and when she turned away, he
(Allah's Apostle) said: It seems that this woman shall give birth to a curly-haired black
child, And so she did gave birth to a curly-haired black child.
Book 009, Number 3565:
A hadith like this is narrated on the authority of A'mash.
Book 009, Number 3566:
Muhammad (one of the narrators) reported: I asked Anas b.
Malik (Allah be pleased with him) knowing that he had a knowledge of (the case of li'an).
He said: Hilal b. Umayya (Allah be pleased with him) accused his wife with the charge of
fornication with Sharik b. Sahma, the brother of al-Bara'b Malik from the side of his
mother. And he was the first person who invoked curse (li'an) in Islam. He in fact invoked
curse upon her. Allah's Messenger (may peace be upon him) said: See to her if she gives
birth to a white-complexioned child having dark hair and bright eyes; he must be the son
of Hilal b. Umayya; and if she gives birth to a child with dark eyelids, curly hair and
lean shanks, he must be the offspring of Sharik b. Sahma. He said: I was informed that she
gave birth to a child having dark eyelids, curly hair and lean shanks.
Book 009, Number 3567:
Ibn Abbas (Allah be pleased with them) reported: Mention
was made of li'an in the presence of Allah's Messenger (may peace be upon him). And Asim
b. 'Adi passed a remark about it and then turned away, and a man of his tribe came to him
complaining that he had found a man with his wife, whereupon 'Asim said: I have been taken
by my words. He took him to Allah's Messenger (may peace be upon him) and told him about
the man whom he had found with his wife and this man was a lean, yellow-coloured man with
lank hair, and the person who was accused of committing adultery with her (his wife) had
fleshy shanks, with wheat complexion and heavy bulk. Allah's Messenger (may peace be upon
him) said: O Allah, make (this case) manifest. And as she gave birth to a child, whose
face resembled that person about whom her husband had made mention that he had found her
with, and Allah's Messenger (may peace be, upon him) had asked them to invoke curses. A
person said to Ibn 'Abbas (Allah be pleased with him): Is she (that woman) about whom
Allah's Messenger (may peace be upen him) (said):" If I were to stone anybody without
evidence, I would have stoned her"? Ibn 'Abbas (Allah be pleased with him) said: No,
it is not she. That woman was one who openly spread evil in society. This hadith has been
narrated on the authority of Ibn 'Abbas (Allah be pleased with them) through another chain
of transmitters with the addition of these words: 'With flesh, and curly tangled
hair."
Book 009, Number 3568:
'Abdullah b Shaddad reported that mention was made about
the invokers of curses before Ibn 'Abbas (Allah be pleased with them). Ibn Shaddad said:
Are these the two about whom Allah's Apostle (clay peace be upon him) said." If I
were to stone one without evidence, I would have definitely stoned her"? Ibn Abbas
(Allah be pleased with them) said: She is not this woman; but she is the one who
(committed adultery) openly.
Book 009, Number 3569:
Abu Huraira (Allah be pleased with him) reported that Sa'd
b. 'Ubada al-Ansari said: Messenger of Allah, tell the if a man finds his wife with
another person, should he kill him? Allah's Messenger (may peace be upon him) said: No.
Sa'd said: Why not? I swear by Him Who has honoured you with Truth. There upon Allah's
Messenger (may peace be upon him) said: Listen to what your chief says.
Book 009, Number 3570:
Abu Huraira (Allah be pleased with him) reported that Sa'd
b. Ubada (Allah be pleased with him) said: Messenger of Allah, if I were to find with my
wife a man, should I wait until I bring four witnesses? He said: Yes.
Book 009, Number 3571:
Abu Huraira (Allah be pleased with him) reported that Sa'd
b. Ubada (Allah be pleased with him) said: Messenger of Allah, if I were to find with my
wife a man, should I not touch him before bringing four witnesses? Allah's Messenger (may
peace be upon him) said: Yes. He said: By no means. By Him Who has sent you with the
Truth, I would hasten with my sword to him before that. Allah's Messenger (may peace be
upon him) said: Listen to what your chief says. He is jealous of his honour, I am more
jealous than he (is) and God is more jealous than I.
Book 009, Number 3572:
AI-Mughira b. Shu'ba (Allah be pleased with him) reported
that Sa'd b. 'Ubada (Allah be pleased with him) said: If I were to see a man with my wife,
I would have struck him with the sword, and not with the flat part (side) of it. When
Allah's Messenger (may peace be upon him) heard of that, he said: Are you surprised at
Sa'd's jealousy of his honour? By Allah, I am more jealous of my honour than he, and Allah
is more jealous than I. Because of His jealousy Allah has prohibited abomination, both
open and secret And no person is more jealous of his honour than Allah, and no persons, is
more fond of accepting an excuse than Allah, on account of which He has sent messengers,
announcers of glad tidings and warners; and no one is more fond of praise than Allah on
account of which Allah has promised Paradise.
Book 009, Number 3573:
A hadith like this has been transmitted on the authority,
of 'Abd al-Malik b. Umair with the same chain of narraters but with a slight change of
words.
Book 009, Number 3574:
Abu Huraira (Allah be pleased with him) reported: There
came a person to the Holy Prophet (may peace he upon him) ) from Banu Fazara and said: My
wife has given birth to a child who is black, whereupon Allah's Apostle (may peace be upon
him) said: Have you any camels? He said: Yes. He again said: What is this colour? He said:
They are red. He said: Is there a dusky one among them? He said: Yes, there are dusky ones
among them He said: How has it come about? He said: It is perhaps the strain to which it
has reverted, whereupon he (the Holy Prophet) said: It is perhaps the strain to which he
(the child) has reverted.
Book 009, Number 3575:
This hadith has been narrated on the authority of Zuhri
with the same chain of transmitters. In the hadith transmitted on the authority of Ma'mar,
the (words are):" Messenger of Allah, my wife has given birth to a dark-complexioned
boy, and he at that time was intending to disown him." And this addition has been
made at the end of the hadith:" He (the Holy Prophet) did not permit him to disown
him."
Book 009, Number 3576:
Abu Huraira (Allah be pleased with him) reported: A desert
Arab came to Allah's Messenger (may peace be upon him) and said: My wife has given birth
to a dark-complexioned child and I have disowned him. Thereupon Allah's Apostle (may peace
be upon him) said: Have you any camels? He said: Yes. He said: What is their colour? He
said? They are red. He said: Is there anyone dusky among them? He said: Yes. Allah's
Messenger (may peace be upon him) said: How has it come about? He said: Messenger of
Allah, it is perhaps due to the strain to which it has reverted, whereupon the Holy
Prophet (may peace be upon him) said: It (the birth) of the black child may be due to the
strain to which he (the child) might have reverted.
Book 009, Number 3577:
A hadith like this has been narrated on the authority of
Abu Huraira (Allah be pleased with him) through another chain of transmitters.
Chapter 11: EMANCIPATING A SLAVE
Book 009, Number 3578:
Ibn Umar (Allah be pleased with them) reported Allah's
Messenger may peace be upon him) as saying: If anyone emancipates his share ina slave and
has enough money to pay the full price for him, a fair price for the slave should be
fixed, his partners given their shares, and the slave be thus emancipated, otherwise he is
emancipated only to the extent of the first man's share.
Book 009, Number 3579:
This hadith has been reported on the authority of Ibn 'Umar
through another chain of transmitters.
Book 009, Number 3580:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: The slave who is jointly owned by two
persons, and is emancipated by one of them, (this one) has liability (upon him to secure
complete freedom for that slave).
Book 009, Number 3581:
Abu Huraira (Allah be pleased witli him) reported Allah's
Prophet (may peace be upon him) as saying: If anyone emancipates a share in a slave, he is
to be completely emancipated if he has money; but if he has none, the slave will be
required to work to pay for his freedom, but must not be over-burhened.
Book 009, Number 3582:
This hadith has been narrated on the authority of Sa'id b.
Abu 'Aruba with the same chain of transmitters but with the addition:" If he (one of
the joint owners emancipating the slave) has not (enough) money (to secure freedom for the
other half) a fair price for the slave should be fixed, and he will be required to work to
pay for his freedom, but must not be over-burdened.
Book 009, Number 3583:
A hadith like this is reported on the authority of the same
chain of transmitters but with a slight change of words.
Chapter 12: THE RIGHT OF INHERITANCE OF PROPERTY
VESTS WITH ONE WHO EMANCIPATES THE SLAVE
Book 009, Number 3584:
Ibn Umar reported that 'A'isha decided to buy a slave-girl
and then set her free, but her masters said: We are prepared to sell her to you on the
condition that her right of inheritance would vest with you. She (Hadrat A'isha) made a
mention of that to Allah's Messenger (may peace be upon him) whereupon he said: This
should not stand in your way. The right of inheritance vests in one who emancipates.
Book 009, Number 3585:
'A'isha (Allah be pjeased with her) reported that Barira
came to her in order to seek her help in securing freedom, but she had (so far) paid
nothing out of that sum stipulated in the contract. 'A'isba said to her. Go to your family
(who owns you), and if they like that I should pay the amount (of the contract) on your
behalf (for purchasing your freedom), then I shall have the right in your inheritance. (If
they accepted it) I am prepared (to make this payment). Barira made a mention of that to
the (members of) her family, but they refused and said: If she (Hadrat 'A'isha) wants to
do good to You for the sake of Allah, she may do it, but the right of inheritance will be
ours. She (Hadrat 'A'isha) made a mention of that to Allah's Messenger (may peace be upon
him), and he said to her: Buy her, and emancipate her, for the right of inheritance vests
with one who emancipates (the slave). Allah's Messenger, may peace be upon him) then stood
up and said: What has happened to the people that they lay down conditions which are not
(found) in the Book of Allah? And he who laid down a condition not found in the Book of
Allah, that is not valid. even if it is laid down hundred times. The condition laid down
by Allah is the most weighty and the most valid.
Book 009, Number 3586:
'A'isha, the wife of Allah's Apostle (may peace be upon
him), reported: Barira came to me and said: 'A'isha, I have entered into contract for
securing freedom with my family (who owns me) for nine 'uqiyas (of silver), one 'uqiya
every year The rest of the hadith is the same (but with this addition):" This (the
problem of the right of inheritance) should not stand in your way. Buy her, and set her
free. He said in a hadith: Allah's Messenger (may peace be upon him) stood up among men,
extolled Allah, praised Him, and then said:" for......"
Book 009, Number 3587:
'A'isha (Allah be pleased with her) reported: Barira came
to me and said: My family (owners) have made contract with me (for granting freedom) for
nine 'uqiyas (of silver) payable in nine years, one 'uqiya every year. Help me (in making
this payment). I said to her: If your family so desires, I am prepared to make them the
full payment in one instalment, and thus secure freedom for you, but the right of
inheritance will vest in me, if I do so. She (Barira) made a mention of that to her
family, but they refused (except) on the condition that the right of inheritance would
vest in them. She came to me and made mention of if She ('A'isha) said: I scolded her. She
(Barira) said: By Allah, it is not possible (they will never agree to it). And as she was
saying it, Allah's messenger (may peace be upon him) heard, and he asked me, I informed
him and he said: Buy her and emancipate her, and let the right of inherit- ance vest in
them, for they cannot claim it (rightfully) since the right of inherritance vests with one
who emancipates (the slave; therefore, these people have no right to lay such false
claims). And I did so. She ('A'isha) said: Then Allah's Messenger (may peace be upon him)
delivered a sermon in the evening. He extolled Allah and praised Him with what He
deserves, and then said afterwards,: What has happened to the people that they lay down
conditions which are not found in the Book of Allah? And the condition which is not found
in the Book of Allah is invalid, even if its number is one hundred. The Book of Allah is
more true (than any other deed) and the condition laid down by Allah is more binding (than
any other condition). What has happened to the people among you that someone among you
says:" Emancipate so and so, but the right of inheritance vests in me"? Verily,
the right of inheritance vests in one who emancipates.
Book 009, Number 3588:
Hisham b. 'Urwa narrated a hadith like this with the same
chain of trans- mitters except (with this change) that in the hadith transmitted on the
authority of jartr (the words are): Her (Barira's) husband was a slave, so Allah's
Messenger (may peace be upon him) gave her the option (either to retain her matrimonial
relation with her husband or sever it off). She opted to break off (and secure freedom for
her even from the matrimonial alliance). And if he were free he would not have given her
the option. In the hadith narrated on the authority (of this chain of transmitters) these
words are not found: Amma ba'du.
Book 009, Number 3589:
'Abd al-Rahman b. al. Qasim reported on the authority of
his father: 'A'isha (Allah be pleased with her) said: There were three issues which were
clarified in case of Barira: her owners had decided to sell her on the condition that the
right of her inheritance would vest with them. She ('A'isha) said: I made a mention of
that to Allah's Apostle (may peace be upon him) and he said: Buy her and emancipate her,
for verily the right of inheritance vests with one who emancipates. She said that she
emancipated (her) and Allah's Messenger (may peace be upon him) gave her the option
(either to retain her matrimonial alliance or break it after emancipation). She (taking
advantage of the option) opted for herself (the severing of matrimonial alliance). 'A'isha
said: The people used to give her charity and she gave us that as gift. I made a mention
of it to Allah's Apostle (may peace be upon him), whereupon he said: That is charity for
her but gift for you, so take that.
Book 009, Number 3590:
'A'isha (Allah's be pleased with her) reported that she had
bought Barira from the people of Ansar, but they laid down the condition that the right of
inheritance (would vest in them), whereupon Allah's Messenger (may peace be upon him)
said: The right of inheritance vests with one who shows favour (who emancipates) and
Allah's Messenger (may peacebe upon him) gave her the choice (either to retain) her
matrimonial alliance or break it). Her husband was a slave. She (Barira also) gave 'A'isha
some meat as gift. Allah's Messenger (may peace be upon him) said: I wish you could
prepare (cook) for us out of this meat. 'A'isha said, It has been given as charity to
Barira, whereupon he said: That is charity for her and gift for us.
Book 009, Number 3591:
'A'isha (Allah be pleased with her) reported: She wanted to
buy Barira with a view to emancipating her. They (the sellers) laid down the condition
that the right of inheritance would vest (with them). She (Hadrat 'A'isha) made a mention
of that to Allah's Messenger (may peace be upon him), whereupon he said: Buy her and
emancipate her for the right of inheritance vests with one who emancipates. Allah's
Messenger (may peace be upon him) was given meat as gift. They (his Companions) said to
Allah's Apostle (may peace be upon him): This was given as charity to Barira, whereupon he
said: That is charity for her but gift for us. And she was given option (to retain her
matrimonial alliance or to break it). Abd al-Rahman said: Her husband was a free man.
Shu'ba said: I then asked him (one of the narrators) about Barira's husband (whether he
had been a free mart or a slave), whereupon he said: I do not know.
Book 009, Number 3592:
This hadith has been narrated on the authority of Shu'ba
with the same chain of transmitters.
Book 009, Number 3593:
'A'isha reported that the husband of Barira was a slave.
Book 009, Number 3594:
'A'isha (Allah be pleased with her). the wife of Allah's
Apostle (may Peace be upon him) said: Three are the Sunan (usages) (that we came to know
in case of Bairara). She was given option in regard to her husband when she was
emancipated. Sbe was given meat as charity. Allah's Messenger (way peace be upon him)
visited me when an earthen pot with meat in it was placed on the fire. He asked for food
and be was given bread with ordinary meat (usually cooked in the) house. Thereupon he
(Allah's Messenger) said: Don't I see the earthen pot on fire with meat in it? They said:
Yes. Allah's Messenger, there is meat in it which was given as charity to Barira. We did
not deem it advisable that we should give you that to eat, whereupon he said: It is
charity for her, but it is gift for us. Allah's Apostle (may peace be upon him) also said:
The right of inheritance vests with one who emancipates.
Book 009, Number 3595:
Abu Huraira (Allah be pleased with him) reported: 'A'isha
(Allah be pleated with her) thought of buying a slave-girl and emancipating her, but her
owners refused to (sell her but on the condition) that the right of inheritance would vest
in them. She made a mention of that to Allah's Messenger (may peace be upon him).
whereupon he said: Let this (condition) not stand in your way for the right of inheritance
vests with one who emancipates.
Chapter 13: IT IS FORBIDDEN TO SELL AL-WALA' (THE
RIGHT OF INHERITANCE OF A SLAVE) AND ITS CONFERRING ON OTHERS
Book 009, Number 3596:
Ibn Umar (Allah be pleased with them) reported that Allah's
Messenger (may peace he upon him) forbade the selling and making a gift of the right of
inheritance of a slave. Imam Muslim said: All the persons depend upon Abdullah b. Dinar in
regard to this hadith.
Book 009, Number 3597:
This hadith has been narrated on the authority of Ibn 'Umar
(Allah be pleased with them) through another chain of transmitters but with this change
that in tba hadith narrated by al-Thaqafi from Ubaidullah there is only a mention of
selling (or right of inheritance, al-Wala' ) but not that of making a gift.
Chapter 14: IT IS FORBIDDEN FOR A SLAVE TO TAKE
ANYONE AS HIS ALLY EXCEPT ONE WHO EMANCIPATES HIM
Book 009, Number 3598:
Jabir b. Abdullah (Allah be pleased with them) reported
that Allah's Apostle (may peace be upon him) made it obligatory for every tribe (the
payment) of blood-wit; he then also made it explicit that it is not permissible for a
Muslim to make himself the ally (of the slave emancipated by another) Muslim without his
permission. He (the narrator further added): I was informed that he (the Holy Prophet)
cursed the one who did that (and it was recorded) in his Sahifa (in a document).
Book 009, Number 3599:
Abu Huraira (Allah be pleased with him) reported that
Allah's Messenger (may peace be upon him) said: He who takes anyone as his ally without
the consent of his previous master, there will be the curse of Allah and that of His
angels upon him, and neither, any obligatory act of his nor the supererogatory one will be
accepted (by Allah).
Book 009, Number 3600:
Abu Huraira (Allah be pleased with him) reported Allah's
Apostle (may peace be upon him) as saying: He who took the freed slave as his ally without
the consent of his previous master, there is upon him the curse of Allah and that of His
angels and that of the whole mankind, and there will not be accepted from him his
obligatory acts or supercrogatory acts on the Day of Resurrection. This hadith is narrated
through the same chain of transmitters, but with a slight change of words.
Book 009, Number 3601:
Ibrahim al-Taimi reported on the authority of his father:
'Ali b. Abu Talib (Allah be pleased with him) addressed us and said: He who thinks that we
(the members of the Prophet's family) read anything else besides the Book of Allah and
this Sahifa (and he said that Sahifa was tied to the scabbard of the sword) tells a lie.
(This Sahifa) contains (problems) pertaining to the ages of the camels and (the
recompense) of the injuries, and it also records the words of the Prophet (may peace be
upon him): Medina is a sacred territory from 'Ayr to Thaur (it is most probably Uhud). He
who innovates (an act or practice) or gives protection to an innovator, there is a curse
of Allah and that of His angels and that of the whole humanity upon him. Allah will not
accdpt from him (as a recompense) any obligatory act or supererogatory act, and the
responsibility of the Muslims is a joint responsibility; even the lowest in rank can
undertake the responsibility (on behalf of others), and he who claims anyone else as his
father besides his own father or makes one his ally other than the one (who freed him),
there is a curse of Allah. that of His angels and that of the wholemankind upon him. Allah
will not accept the obligatory act of the supererogatery act (as a recompense) from him.
Chapter 15: EXCELENCE OF EMANCIPATING A SLAVE
Book 009, Number 3602:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: If anyone emancipates a Muslim slave, Allah
will set free from Hell an organ of his body for every organ of his (slave's) body.
Book 009, Number 3603:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace benpon him) as saying: He who emancipates a slave, Allah will set
free from Hell every limb (of his body) for every limb of his (slave's) body, even his
private parts.
Book 009, Number 3604:
Abu Huraira (Allah be pleased with him) reported: I heard
Allah's Messenger (may peace be upon him) as saying: He who emancipates a believing slave.
Allah will set free from Fire his every limb for every limb of his (slave's), even his
private parts for his.
Book 009, Number 3605:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: A Muslim who emancipates a Muslim (slave).
Allah will save from Fire every limb of his for every limb (of the slave). Sa'id b.
Marjana said: When I heard this hadith from Abu Huraira (Allah be pleased with him), I
went away and made a mention of it to 'Ali b. Husain and he at once emancipated the slave
for which Ibn ja'far was prepared to pay ten thousand dirhams or one thousand dinars.
Chapter 16: EXCELLENCE OF SECURING THE EMANCIPATION
OF FATHER
Book 009, Number 3606:
Abu Huraira (Allah be pleased with him) reported Allah's
Messenger (may peace be upon him) as saying: A son does not repay what he owes his father
unless he buys him (the father) in case he is a slave and then emancipates him. In the
narration transmitted by Ibn Abu Shaiba there is a slight change of words.
Book 009, Number 3607:
A hadith like this has been narrated on the authority of
Suhail with the same chain of transmitters.
[
Index Page
]
|