Chapter 718: Regarding A Woman Who Asks Her Husband To Divorce Another Wife Of His - كتاب الطلاق
حَدَّثَنَا الْقَعْنَبِيُّ، عَنْ مَالِكٍ، عَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" لاَ تَسْأَلِ الْمَرْأَةُ طَلاَقَ أُخْتِهَا لِتَسْتَفْرِغَ صَحْفَتَهَا وَلْتَنْكِحْ فَإِنَّمَا لَهَا مَا قُدِّرَ لَهَا " .
Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying “A woman should not ask for the divorce of her sister to make her bowl vacant for her and to marry him. She will have what is decreed for her.”
Chapter 720: Regarding The Divorce According To The Sunnah - كتاب الطلاق
حَدَّثَنَا الْقَعْنَبِيُّ، عَنْ مَالِكٍ، عَنْ نَافِعٍ، عَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ، أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ عَلَى عَهْدِ رَسُولِ اللَّهِ صلى الله عليه وسلم فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَسُولَ اللَّهِ صلى الله عليه وسلم عَنْ ذَلِكَ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لْيُمْسِكْهَا حَتَّى تَطْهُرَ ثُمَّ تَحِيضَ ثُمَّ تَطْهُرَ ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدَ ذَلِكَ وَإِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ اللَّهُ سُبْحَانَهُ أَنْ تُطَلَّقَ لَهَا النِّسَاءُ " .
‘Abd Allah bin Umar said that he divorced his wife while she was menstruating during the time of the Apostle of Allaah(ﷺ). So ‘Umar bin Al Khattab asked the Apostle of Allaah(ﷺ) about this matter. The Apostle of Allaah(ﷺ) said “Order him, he must take her back and keep her back till she is purified, then has another menstrual period and is purified. Thereafter if he desires he may divorce her before having intercourse with her, for that is the period of waiting which Allaah the Glorified has commanded for the divorce of women.”
The aforesaid tradition has also been transmitted by Nafi’ through a different chain of narrators. This version says Ibn ‘Umar divorced a wife of his while she was menstruating pronouncing one divorce. He then narrated the rest of the tradition similar to the one narrated by Malik.
Chapter 720: Regarding The Divorce According To The Sunnah - كتاب الطلاق
حَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا وَكِيعٌ، عَنْ سُفْيَانَ، عَنْ مُحَمَّدِ بْنِ عَبْدِ الرَّحْمَنِ، مَوْلَى آلِ طَلْحَةَ عَنْ سَالِمٍ، عَنِ ابْنِ عُمَرَ، أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ فَذَكَرَ ذَلِكَ عُمَرُ لِلنَّبِيِّ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لْيُطَلِّقْهَا إِذَا طَهُرَتْ أَوْ وَهِيَ حَامِلٌ " .
Ibn ‘Umar said that he divorced his wife while she was menstruating. ‘Umar mentioned the matter to the Prophet(ﷺ). He (the Prophet) said “Order him, he must take her back and divorce her when she is purified (from menstrual discharge) or she is pregnant.”
Chapter 720: Regarding The Divorce According To The Sunnah - كتاب الطلاق
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا عَنْبَسَةُ، حَدَّثَنَا يُونُسُ، عَنِ ابْنِ شِهَابٍ، أَخْبَرَنِي سَالِمُ بْنُ عَبْدِ اللَّهِ، عَنْ أَبِيهِ، أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ فَذَكَرَ ذَلِكَ عُمَرُ لِرَسُولِ صلى الله عليه وسلم فَتَغَيَّظَ رَسُولُ اللَّهِ صلى الله عليه وسلم ثُمَّ قَالَ
" مُرْهُ فَلْيُرَاجِعْهَا ثُمَّ لْيُمْسِكْهَا حَتَّى تَطْهُرَ ثُمَّ تَحِيضَ فَتَطْهُرَ ثُمَّ إِنْ شَاءَ طَلَّقَهَا طَاهِرًا قَبْلَ أَنْ يَمَسَّ فَذَلِكَ الطَّلاَقُ لِلْعِدَّةِ كَمَا أَمَرَ اللَّهُ عَزَّ وَجَلَّ " .
‘Abd Allah (bin Umar) said that he divorced his wife while she was menstruating. ‘Umar mentioned the matter to the Messenger of Allah(ﷺ). The Messenger of Allah(ﷺ) became angry and said “Command him, he must take her back and keep her back till she is purified, then has another menstrual period and is purified. Then if he desires he may divorce her during the period of purity before he has intercourse with her. This is the divorce for waiting period as commanded by Allaah, the Exalted.
Yunus bin Jubair said “I asked ‘Abd Allah bin ‘Umar “A man divorced his wife while she was menstruating? He said do you know ‘Abd Allah bin ‘Umar? He said, yes. ‘Abd Allah bin ‘Umar divorced his wife while she was menstruating. So, ‘Umar came to the Prophet (ﷺ) and asked him (about this matter). He said Command him to take her back in marriage he may the divorce her in the beginning of the waiting period. I (Ibn Jubair) asked him “Will this divorce be counted? He said “Why not?” If he was helpless and showed his foolishness (that would have been counted).
What do you think if a man divorces his wife while she is menstruating? He said: Abdullah ibn Umar divorced his wife while she was menstruating during the time of the Messenger of Allah (ﷺ).So Umar asked the Messenger of Allah (ﷺ) saying: Abdullah ibn Umar divorced his wife while she was menstruating. Abdullah said: He returned her to me and did not count it (the pronouncement) anything. He said: When she is purified, he may divorce her or keep her with him. Ibn Umar said: The Prophet (ﷺ) recited the Qur'anic verse: O Prophet, when you divorce women, divorce them in the beginning of their waiting period."
Abu Dawud said: This tradition has been narrated by Yunus b. Jubair, Anas b. Sirin b. Jubair, Zaid b. Aslam, Abu al-Zubair and Mansur from Abu Wa'il on the authority of Ibn 'Umar. They all agreed on the theme that the Prophet (ﷺ) commanded him to take her back (and keep her) till she was purified. Then if he desired, he might divorce her or keep her with him if he wanted to do so. The version narrated by al-Zuhri from Salim from Nafi' on the authority of Ibn 'Umar has: The Prophet (ﷺ) commanded him to take her back (and keep her) till she is purified, and then has menstrual discharge, and then she is purified. Then if he desires, he may divorce her and if he desires he may keep her.
Abu Dawud said: A version like that of Nafi' and al-Zuhri has also been transmitted by 'Ata al-Khurasani from al-Hasan on the authority of Ibn 'Umar. All the versions of this tradition contradict the one narrated by Abu al-Zubair.
Imran ibn Husayn was asked about a person who divorces his wife, and then has intercourse with her, but he does not call any witness to her divorce nor to her restoration. He said: You divorced against the sunnah and took her back against the sunnah. Call someone to bear witness to her divorce, and to her return in marriage, and do not repeat it.
Abu Hasan, a client of Banu Nawfal asked Ibn Abbas: A slave had a wife who was a slave-girl. He divorced her by two pronouncements. Afterwards both of them were freed. Is it permissible for him to ask her in marriage again? He said: Yes. This is a decision given by the Messenger of Allah (ﷺ).
Chapter 722: Regarding The Sunnah For Divorcing Slaves - كتاب الطلاق
The aforesaid tradition (No. 2182) has also been transmitted by Ali (ibn al-Mubarak) through a different chain of narrators to the same effect.
This version adds:
Ibn Abbas said: There remained one more pronouncement of divorce for you. The Messenger of Allah (ﷺ) took the same decision.
Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock.
Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan.
Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.
Chapter 722: Regarding The Sunnah For Divorcing Slaves - كتاب الطلاق
Narrated Aisha, Ummul Mu'minin:
حَدَّثَنَا مُحَمَّدُ بْنُ مَسْعُودٍ، حَدَّثَنَا أَبُو عَاصِمٍ، عَنِ ابْنِ جُرَيْجٍ، عَنْ مُظَاهِرٍ، عَنِ الْقَاسِمِ بْنِ مُحَمَّدٍ، عَنْ عَائِشَةَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ " طَلاَقُ الأَمَةِ تَطْلِيقَتَانِ وَقُرْؤُهَا حَيْضَتَانِ " . قَالَ أَبُو عَاصِمٍ حَدَّثَنِي مُظَاهِرٌ حَدَّثَنِي الْقَاسِمُ عَنْ عَائِشَةَ عَنِ النَّبِيِّ صلى الله عليه وسلم مِثْلَهُ إِلاَّ أَنَّهُ قَالَ " وَعِدَّتُهَا حَيْضَتَانِ " . قَالَ أَبُو دَاوُدَ وَهُوَ حَدِيثٌ مَجْهُولٌ .
The Prophet (ﷺ) said: The divorce of a slave-woman consists in saying it twice and her waiting period is two menstrual courses (qur') AbuAsim said: A similar tradition has been narrated to me by Muzahir and al-Qasim on the authority of Aisha from the Prophet (ﷺ), except that he said: And her waiting period ('iddah) is two courses.
Abu Dawud said: This tradition is obscure.
The Prophet (ﷺ) said: There is no divorce except in what you possess; there is no possession, there is no sale transaction till you possess. The narrator Ibn as-Sabbah added: There is no fulfilling a vow till you possess.
The above tradition has also been transmitted by ‘Amr bin Shu’aib through a different chain of narrators to the same effect. This version adds “If anyone swears an oath to do an act of disobedience to GOD, his oath is not valid, and if anyone swears an oath to sever relationship, his oath is not valid(i.e., he must not fulfill it)
The above tradition has also been transmitted by ‘Amr bin Shu’aib through a different chain of narrators. This version adds The Prophet (ﷺ) said “There is no vow except in an act which seeks the pleasure of Allah, the Exalted.
I went out with Adi ibn Adi al-Kindi till we came to Mecca. He sent me to Safiyyah daughter of Shaybah who remembered a tradition (that she had heard) from Aisha. She said: I heard Aisha say: I heard the Messenger of Allah (ﷺ) say: There is no divorce or emancipation in case of constraint or duress (ghalaq).
Abu Dawud said: I think ghalaq means anger.
The Prophet (ﷺ) said: There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final)
Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah hath created in their wombs. This means that if a man divorced his wife he had the right to take her back in marriage though he had divorced her by three pronouncements. This was then repealed (by a Qur'anic verse). Divorce is only permissible twice.
Chapter 726: The Abrogation Of Taking Back A Wife After The Third Divorce - كتاب الطلاق
Narrated Abdullah ibn Abbas:
حَدَّثَنَا أَحْمَدُ بْنُ صَالِحٍ، حَدَّثَنَا عَبْدُ الرَّزَّاقِ، أَخْبَرَنَا ابْنُ جُرَيْجٍ، أَخْبَرَنِي بَعْضُ بَنِي أَبِي رَافِعٍ، مَوْلَى النَّبِيِّ صلى الله عليه وسلم عَنْ عِكْرِمَةَ مَوْلَى ابْنِ عَبَّاسٍ عَنِ ابْنِ عَبَّاسٍ قَالَ طَلَّقَ عَبْدُ يَزِيدَ - أَبُو رُكَانَةَ وَإِخْوَتِهِ - أُمَّ رُكَانَةَ وَنَكَحَ امْرَأَةً مِنْ مُزَيْنَةَ فَجَاءَتِ النَّبِيَّ صلى الله عليه وسلم فَقَالَتْ مَا يُغْنِي عَنِّي إِلاَّ كَمَا تُغْنِي هَذِهِ الشَّعْرَةُ . لِشَعْرَةٍ أَخَذَتْهَا مِنْ رَأْسِهَا فَفَرِّقْ بَيْنِي وَبَيْنَهُ فَأَخَذَتِ النَّبِيَّ صلى الله عليه وسلم حَمِيَّةٌ فَدَعَا بِرُكَانَةَ وَإِخْوَتِهِ ثُمَّ قَالَ لِجُلَسَائِهِ " أَتَرَوْنَ فُلاَنًا يُشْبِهُ مِنْهُ كَذَا وَكَذَا مِنْ عَبْدِ يَزِيدَ وَفُلاَنًا يُشْبِهُ مِنْهُ - كَذَا وَكَذَا " . قَالُوا نَعَمْ . قَالَ النَّبِيُّ صلى الله عليه وسلم لِعَبْدِ يَزِيدَ " طَلِّقْهَا " . فَفَعَلَ ثُمَّ قَالَ " رَاجِعِ امْرَأَتَكَ أُمَّ رُكَانَةَ وَإِخْوَتِهِ " . فَقَالَ إِنِّي طَلَّقْتُهَا ثَلاَثًا يَا رَسُولَ اللَّهِ . قَالَ " قَدْ عَلِمْتُ رَاجِعْهَا " . وَتَلاَ { يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ } . قَالَ أَبُو دَاوُدَ وَحَدِيثُ نَافِعِ بْنِ عُجَيْرٍ وَعَبْدِ اللَّهِ بْنِ عَلِيِّ بْنِ يَزِيدَ بْنِ رُكَانَةَ عَنْ أَبِيهِ عَنْ جَدِّهِ أَنَّ رُكَانَةَ طَلَّقَ امْرَأَتَهُ الْبَتَّةَ فَرَدَّهَا إِلَيْهِ النَّبِيُّ صلى الله عليه وسلم أَصَحُّ لأَنَّ وَلَدَ الرَّجُلِ وَأَهْلَهُ أَعْلَمُ بِهِ أَنَّ رُكَانَةَ إِنَّمَا طَلَّقَ امْرَأَتَهُ الْبَتَّةَ فَجَعَلَهَا النَّبِيُّ صلى الله عليه وسلم وَاحِدَةً .
Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (ﷺ) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (ﷺ) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (ﷺ) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."
Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (ﷺ) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (ﷺ) made it a single divorce.
Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”
Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”
Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”
Abu Dawud said “The opinion of Ibn ‘Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from ‘Abd Ar Razzaq from Ma’mar from Al Zuhri from Abu Salamah din Abd Al Rahman bin ‘Awf and Muhammad bin ‘Abd Al Rahman bin Thawban from Muhammad bin Iyas that Ibn ‘Abbas, Abu Hurairah and ‘Abd Alah bin ‘Amr bin Al ‘As were asked about a virgin who is divorced three times by her husband. They all said “She is not lawful for him until she marries a man other than her former husband.”
Abu Dawud said “Malik narrated from Yahya bin Sa’id from Bukair bin Al Ashajj from Mu’awiyah bin Abi ‘Ayyash who was present on this occasion when Muhammad bin Iyas bin Al Bukair came to Ibn Al Zubair and Asim in ‘Umar. He asked them about this matter. They replied “Go to Ibn ‘Abbas and Abu Hurairah, I have left them with A’ishah (may Allaah be pleased with her). He then narrated the rest of the tradition.”
Abu Dawud said “The statement of Ibn ‘Abbas goes “The divorce by three pronouncements separates the wife from husband whether the marriage has been consummated or not, the previous husband is not lawful for her until she marries a man other than her husband”. This statement is like the tradition which deals with the exchange of money. In this tradition the narrator said “Ibn ‘Abbas withdrew his opinion.”"
Tawus said A man called Abu Al Sahba used to ask Ibn ‘Abbas questions frequently. He asked “Do you know that when a man divorced his wife by three pronouncement before sexual intercourse with her, they (the people) made it a single divorce during the time of the Apostle of Allaah(ﷺ), of Abu Bakr and in the early phase of the caliphate of ‘Umar?” Ibn “Abbas said “Yes, when a man divorced his wife by three pronouncement before sexual intercourse they made it a single divorce during the time of the Apostle of Allaah(ﷺ), of Abu Bakr and in the early phase of the caliphate of ‘Umar. When he saw that the people frequently divorced (by three pronouncements) he said “Make them operative on them (i.e., on women)”.
Abu al-Sahba' said to Ibn Abbas: Do you know that a divorce by three pronouncements was made a single one during the time of the Prophet (ﷺ), and of AbuBakr and in the early days of the caliphate of Umar? He replied: Yes.