‘Umar bin Al Khattab reported the Apostle of Allaah(ﷺ) as saying “Actions are to be judged only by intentions and a man will have only what he intended. When one’s emigration is to Allaah and His Apostle, his emigration is to Allaah and His Apostle but his emigration is to a worldly end at which he aims or to a woman whom he marries , his emigration is to that for which he emigrated.
‘Abd Allah bin Ka’b reported “I heard Ka’ab bin Malik. He then narrated his story about the battle of Tabuk.(Narrating the story) he added “When forty out of fifty days passed”, the messenger of the Apostle of Allaah(ﷺ) came and said “The Apostle of Allaah(ﷺ) has commanded you to keep away from your wife. He said “So, I (Ka’b bin Malik)” said “Should I divorce her or what should I do? He said “No, but only keep away from her and do not go near her”. So, I said to my wife “Go to your people and live with them until Allaah, the exalted makes a decision in this matter.”
I asked Ayyub: Do you know anyone who narrates the tradition narrated by Al-Hasan about uttering the words (addressing wife). "Your matter is in your hand"? He replied: No, except something similar transmitted by Qatadah from Kathir, the client of Samurah, from AbuSalamah on the authority of AbuHurayrah from the Prophet (ﷺ). Ayyub said: Kathir then came to us; so I asked him (about this matter). He replied: I never narrated it. I mentioned it to Qatadah who said: Yes (he narrated it) but he forgot.
Chapter 730: Regarding An Irrevocable (Al-Battah) Divorce - كتاب الطلاق
حَدَّثَنَا ابْنُ السَّرْحِ، وَإِبْرَاهِيمُ بْنُ خَالِدٍ الْكَلْبِيُّ أَبُو ثَوْرٍ، - فِي آخَرِينَ - قَالُوا حَدَّثَنَا مُحَمَّدُ بْنُ إِدْرِيسَ الشَّافِعِيُّ، حَدَّثَنِي عَمِّي، مُحَمَّدُ بْنُ عَلِيِّ بْنِ شَافِعٍ عَنْ عَبْدِ اللَّهِ بْنِ عَلِيِّ بْنِ السَّائِبِ، عَنْ نَافِعِ بْنِ عُجَيْرِ بْنِ عَبْدِ يَزِيدَ بْنِ رُكَانَةَ، أَنَّ رُكَانَةَ بْنَ عَبْدِ يَزِيدَ، طَلَّقَ امْرَأَتَهُ سُهَيْمَةَ الْبَتَّةَ فَأَخْبَرَ النَّبِيَّ صلى الله عليه وسلم بِذَلِكَ وَقَالَ وَاللَّهِ مَا أَرَدْتُ إِلاَّ وَاحِدَةً . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" وَاللَّهِ مَا أَرَدْتَ إِلاَّ وَاحِدَةً " . فَقَالَ رُكَانَةُ وَاللَّهِ مَا أَرَدْتُ إِلاَّ وَاحِدَةً . فَرَدَّهَا إِلَيْهِ رَسُولُ اللَّهِ صلى الله عليه وسلم فَطَلَّقَهَا الثَّانِيَةَ فِي زَمَانِ عُمَرَ وَالثَّالِثَةَ فِي زَمَانِ عُثْمَانَ . قَالَ أَبُو دَاوُدَ أَوَّلُهُ لَفْظُ إِبْرَاهِيمَ وَآخِرُهُ لَفْظُ ابْنِ السَّرْحِ .
Nafi' bun Ujair bin Abd Yazid bin Ruknah reported Ruknah bin ‘Abd Yazid divorced his wife Suhaimah absolutely. The Prophet (ﷺ) was informed about this matter. He said to him (the Prophet) I swear by Allaah that I meant it to be only a single utterance of divorce. The Apostle of Allaah(ﷺ) said “I swear by Allaah that I meant it to be only a single divorce. The Apostle of Allaah(ﷺ) restored her to him, Then he divorced her the second time in the time of ‘Umar and the third time of ‘Uthman.
Abu Dawud said “This tradition contains the words of Ibrahim in its beginning and the words of Ibn Al Sarh in the end.
Chapter 730: Regarding An Irrevocable (Al-Battah) Divorce - كتاب الطلاق
'Ali b. Yazid b. Rukanah reported on the authority of his father from his grandfather that he (Rukanah) divorced his wife absolutely; so he came to the Messenger of Allah (ﷺ). He asked (him):
What did you intend? He said: A single utterance of divorce. He said: Do you swear by Allah? He replied: I swear by Allah. He said: It stands as you intended.
Abu Dawud said: This tradition is sounder than that of Ibn Juraij that Rukanah divorced his wife by three pronouncements, for they are the members of his family and they are more aware for him. The tradition of Ibn Juraij has been narrated by some children of Abu Rafi' from 'Ikrimah on the authority of Ibn 'Abbas.
Abu Hurairah reported the Prophet (ﷺ) as saying “Allah has ignored for my community what comes to their mind, so long as they do not act or pronounce words to that effect.”
Chapter 732: Regarding A Man Calling His Wife: "My Sister" - كتاب الطلاق
حَدَّثَنَا مُحَمَّدُ بْنُ إِبْرَاهِيمَ الْبَزَّازُ، حَدَّثَنَا أَبُو نُعَيْمٍ، حَدَّثَنَا عَبْدُ السَّلاَمِ، - يَعْنِي ابْنَ حَرْبٍ - عَنْ خَالِدٍ الْحَذَّاءِ، عَنْ أَبِي تَمِيمَةَ، عَنْ رَجُلٍ، مِنْ قَوْمِهِ أَنَّهُ سَمِعَ النَّبِيَّ صلى الله عليه وسلم سَمِعَ رَجُلاً، يَقُولُ لاِمْرَأَتِهِ
" يَا أُخَيَّةُ " . فَنَهَاهُ . قَالَ أَبُو دَاوُدَ وَرَوَاهُ عَبْدُ الْعَزِيزِ بْنُ الْمُخْتَارِ عَنْ خَالِدٍ عَنْ أَبِي عُثْمَانَ عَنْ أَبِي تَمِيمَةَ عَنِ النَّبِيِّ صلى الله عليه وسلم وَرَوَاهُ شُعْبَةُ عَنْ خَالِدٍ عَنْ رَجُلٍ عَنْ أَبِي تَمِيمَةَ عَنِ النَّبِيِّ صلى الله عليه وسلم .
Abu Tamimah reported from a man of his tribe “The Prophet (ﷺ) heard a man say his wife “O my younger sister! So he prohibited him (addressing his wife in this manner)
Abu Dawud said “This tradition has also been transmitted by ‘Abd Al Aziz bin Al Mukhtar from Khalid from Abu ‘Uthman from Abu Thamimah from the Prophet (ﷺ). This has also been narrated by Shu’bah from Khalid from a man on the authority of Abu Thamimah from the Prophet (ﷺ).
Abu Hurairah reported the Prophet(ﷺ) as saying Abraham(peace be upon him) never told a lie except on three occasions twice for the sake of Allaah. Allaah quoted his words (in the Qur’an) “I am indeed sick” and “Nay, this was done by - this is their biggest one”. Once he was passing through the land of a tyrant (king). He stayed there in a place. People went to the tyrant and informed him saying “A man has come down here; he has a most beautiful woman with him.” So he sent for him (Abraham) and asked about her. He said she is my sister. When he returned to her, he said “he asked me about you and I informed him that you were my sister. Today there is no believer except me and you. You are my sister in the Book of Allaah (i.e., sister in faith). So do not belie me before him. The narrator then narrated the rest of the tradition.
Abu Dawud said “A similar tradition has also been narrated by Shu’aib bin Abi Hamza from Abi Al Zinad from Al A’raj on the authority of Abu Hurairah from the Prophet (ﷺ).
I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.
I said: Go along with me to the Messenger of Allah (ﷺ).
They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.
He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.
He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.
He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq of dates.
I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.
He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (ﷺ) prosperity and good opinion. He has commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.
My husband, Aws ibn as-Samit, pronounced the words: You are like my mother. So I came to the Messenger of Allah (ﷺ), complaining to him about my husband.
The Messenger of Allah (ﷺ) disputed with me and said: Remain dutiful to Allah; he is your cousin.
I continued (complaining) until the Qur'anic verse came down: "Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband..." [58:1] till the prescription of expiation.
He then said: He should set free a slave. She said: He cannot afford it. He said: He should fast for two consecutive months. She said: Messenger of Allah, he is an old man; he cannot keep fasts. He said: He should feed sixty poor people. She said: He has nothing which he may give in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was brought to him.
I said: I shall help him with another date-basked ('araq). He said: You have done well. Go and feed sixty poor people on his behalf, and return to your cousin. The narrator said: An araq holds sixty sa's of dates.
Abu Dawud said: She atoned on his behalf without seeking his permission.
Abu Dawud said: This man (Aws b. al-Samit) is the brother of 'Ubadah b. al-Samit.
A similar tradition has been transmitted by Ibn Ishaq with a different chain of narrators. But in this version he said ‘Araq is a date-basket holding thirty sa’s.
Abu Dawud said “This version is sounder than that of Yahya bin Adam.”
حَدَّثَنَا ابْنُ السَّرْحِ، حَدَّثَنَا ابْنُ وَهْبٍ، أَخْبَرَنِي ابْنُ لَهِيعَةَ، وَعَمْرُو بْنُ الْحَارِثِ، عَنْ بُكَيْرِ بْنِ الأَشَجِّ، عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، بِهَذَا الْخَبَرِ قَالَ فَأُتِيَ رَسُولُ اللَّهِ صلى الله عليه وسلم بِتَمْرٍ فَأَعْطَاهُ إِيَّاهُ وَهُوَ قَرِيبٌ مِنْ خَمْسَةَ عَشَرَ صَاعًا قَالَ " تَصَدَّقْ بِهَذَا " . قَالَ فَقَالَ يَا رَسُولَ اللَّهِ عَلَى أَفْقَرَ مِنِّي وَمِنْ أَهْلِي فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " كُلْهُ أَنْتَ وَأَهْلُكَ " .
The tradition mentioned above has been transmitted by Sulaiman bin Yasar. This version has “Then some dates were brought to the Apostle of Allaah(ﷺ) and he gave it him. They measured about fifteen sa’s “. He said “Give them in alms”. He said “Is there anyone needier than I and my family. Apostle of Allaah(ﷺ)?” The Apostle of Allaah(ﷺ) said “Eat them, you and your family.”
Abu Dawud said “I recited to Muhammad bin Wazir Al Misri and said to him Bishr bin Bakr narrated it to you and Al Auza’i narrated it to us. And he said “At’a narrated it to us on the authority of Aus brother of ‘Ubadah bin Al Samit. The Prophet (ﷺ) gave him fifteen sa’s of wheat to feed sixty poor people.
Abu Dawud said At’a did not meet Aws (bin Al Samit) who was one of the people of Badr and died in the early days of Islam. This version is therefore, mursal (i.e., a successor narrated it directly from the Prophet (ﷺ), the link of the Companions is missing). This has been narrated by Al Auza’i from At’a from Aus.
Khawlah was the wife of Aws ibn as-Samit; he was a man immensely given to sexual intercourse. When his desire for intercourse was intensified, he made his wife like his mother's back. So Allah, the Exalted, sent down Qur'anic verses relating to expiation for zihar.
A man made his wife like the back of his mother. He then had intercourse with her before he atoned for it. He came to the Prophet (ﷺ) and informed him of this matter. He asked (him): What moved you to the action you have committed? He replied: I saw the whiteness of her shins in moon light. He said: Keep away from her until you expiate for your deed.
حَدَّثَنَا الزَّعْفَرَانِيُّ، حَدَّثَنَا سُفْيَانُ بْنُ عُيَيْنَةَ، عَنِ الْحَكَمِ بْنِ أَبَانَ، عَنْ عِكْرِمَةَ، أَنَّ رَجُلاً، ظَاهَرَ مِنَ امْرَأَتِهِ فَرَأَى بَرِيقَ سَاقِهَا فِي الْقَمَرِ فَوَقَعَ عَلَيْهَا فَأَتَى النَّبِيَّ صلى الله عليه وسلم فَأَمَرَهُ أَنْ يُكَفِّرَ .
‘Ikrimah said “A man made his wife like the back of his mother. When he saw the illumination of her shin in the moonlight, he had intercourse with her. He came to the Prophet (ﷺ). He ordered him to atone for it.
حَدَّثَنَا زِيَادُ بْنُ أَيُّوبَ، حَدَّثَنَا إِسْمَاعِيلُ، حَدَّثَنَا الْحَكَمُ بْنُ أَبَانَ، عَنْ عِكْرِمَةَ، عَنِ ابْنِ عَبَّاسٍ، عَنِ النَّبِيِّ صلى الله عليه وسلم نَحْوَهُ وَلَمْ يَذْكُرِ السَّاقَ .
A similar tradition has been transmitted by Ibn ‘Abbas from the Prophet (ﷺ) through a different chain of narrators. This version does not mention the word “shin”.
Abu Dawud said “I heard Muhammad bin Isa narrating this tradition who said Mu’tamar narrated it to us. And he (Mu’tamar) said “ I heard Al Hakam bin Aban narrating this tradition. He did not mention the name of Ibn ‘Abbas.
Abu Dawud said “Al Hussain bin Huraith wrote to me saying “Al Fadl bin Musa narrated from Ibn ‘Abbas to the same effect from the Prophet(ﷺ).