"While we were with the Messenger of Allah, a man came to him from Yemen and started telling him (about an incident) while 'Ali was still in Yemen. He said: 'O Messenger of Allah, three men were brought to 'Ali who were disputing about a child, and they all had intercourse with a woman during a single menstrual cycle.'" And he quoted the same Hadith.
Chapter 50: Drawing Lots For A Child If Several Men Dispute Over Him - كتاب الطلاق
أَخْبَرَنَا عَمْرُو بْنُ عَلِيٍّ، قَالَ حَدَّثَنَا يَحْيَى، عَنِ الأَجْلَحِ، عَنِ الشَّعْبِيِّ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي الْخَلِيلِ، عَنْ زَيْدِ بْنِ أَرْقَمَ، قَالَ كُنْتُ عِنْدَ النَّبِيِّ صلى الله عليه وسلم وَعَلِيٌّ رضى الله عنه يَوْمَئِذٍ بِالْيَمَنِ فَأَتَاهُ رَجُلٌ فَقَالَ شَهِدْتُ عَلِيًّا أُتِيَ فِي ثَلاَثَةِ نَفَرٍ ادَّعَوْا وَلَدَ امْرَأَةٍ فَقَالَ عَلِيٌّ لأَحَدِهِمْ تَدَعُهُ لِهَذَا . فَأَبَى وَقَالَ لِهَذَا تَدَعُهُ لِهَذَا . فَأَبَى وَقَالَ لِهَذَا تَدَعُهُ لِهَذَا . فَأَبَى قَالَ عَلِيٌّ رضى الله عنه أَنْتُمْ شُرَكَاءُ مُتَشَاكِسُونَ وَسَأُقْرِعُ بَيْنَكُمْ فَأَيُّكُمْ أَصَابَتْهُ الْقُرْعَةُ فَهُوَ لَهُ وَعَلَيْهِ ثُلُثَا الدِّيَةِ . فَضَحِكَ رَسُولُ اللَّهِ صلى الله عليه وسلم حَتَّى بَدَتْ نَوَاجِذُهُ .
It was narrated that Zaid bin Arqam said:
"I was with the Messenger of Allah, and 'Ali, may Allah be pleased with him, was in Yemen at that time. A man came to him and said: 'I saw 'Ali when three men were brought to him who all claimed (to be the father) of a child. 'Ali said to one of them: Will you give the child up to him? And he refused. He said to (the next one): Will you give the child up to him? And he refused. He said to (the next one): Will you give the child up to him? And he refused. 'Ali said: You are disputing partners. I will cast lots among you, and whoever wins the draw, the child is for him, and he has to pay two-thirds of the Diyah.' The Messenger of Allah laughed so much that his back teeth became visible."
It was narrated from a man from Hadramawt, that Zaid bin Arqam said:
"The Messenger of Allah sent 'Ali to (be the governor of) Yemen, and a child was brought to him concerning whom three men were disputing." Then he quoted the same Hadith. Salamah bin Kuhail contradicted them.
"I heard Ash-Sha'bi narrating from Abu Al-Khalil or Ibn Abi Al-Khalil that three men had intercourse (with the same woman) during a single menstrual cycle;" and he mentioned something similar, but he did not mention Zaid bin Arqam or attribute anything to the Prophet.
"The Messenger of Allah came to me looking happy and cheerful, and he said: 'Did you not see that Mujazziz looked at Zaid bin Harithah and Usamah and said: These feet belong to one another.'"
It was narrated that 'Aishah, may Allah be pleased with her, said:
"The Messenger of Allah came to me one day looking happy and said: 'O 'Aishah! Did you not see that Mujazziz Al-Mudliji came to me when Usamah bin Zaid was with me. He saw Usamah bin Zaid and Zaid with a blanket over them; their heads were covered but their feet were exposed, and he said: These feet belong to one another.'"
It was narrated from 'Abdul-Hamid bin Salamah Al-Ansari, from his father, from his grandfather, that he became Muslim but his wife refused to become Muslim. A young son of theirs, who had not yet reached puberty, came, and the Prophet seated the father on one side and the mother on the other side, and he gave him the choice. He said:
"O Allah, guide him," and (the child) went to his father.
"While I was with Abu Hurairah he said: 'A woman came to the Messenger of Allah and said: May my father and mother be ransomed for you! My husband wants to take my son away, but he helps me, and brings me water from the well of Abu 'Inabah. Her husband came and said: Who is going to take my son from me? The Messenger of Allah said: "O boy, this is your father and this is your mother; take the hand of whichever of them you want." He took his mother's hand and she left with him.'"
Chapter 53: The 'Iddah Of A Woman Separated By Khul' - كتاب الطلاق
أَخْبَرَنَا أَبُو عَلِيٍّ، مُحَمَّدُ بْنُ يَحْيَى الْمَرْوَزِيُّ قَالَ أَخْبَرَنِي شَاذَانُ بْنُ عُثْمَانَ، أَخُو عَبْدَانَ قَالَ حَدَّثَنَا أَبِي قَالَ، حَدَّثَنَا عَلِيُّ بْنُ الْمُبَارَكِ، عَنْ يَحْيَى بْنِ أَبِي كَثِيرٍ، قَالَ أَخْبَرَنِي مُحَمَّدُ بْنُ عَبْدِ الرَّحْمَنِ، أَنَّ الرُّبَيِّعَ بِنْتَ مُعَوِّذِ ابْنِ عَفْرَاءَ، أَخْبَرَتْهُ أَنَّ ثَابِتَ بْنَ قَيْسِ بْنِ شَمَّاسٍ ضَرَبَ امْرَأَتَهُ فَكَسَرَ يَدَهَا وَهِيَ جَمِيلَةُ بِنْتُ عَبْدِ اللَّهِ بْنِ أُبَىٍّ فَأَتَى أَخُوهَا يَشْتَكِيهِ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَأَرْسَلَ رَسُولُ اللَّهِ صلى الله عليه وسلم إِلَى ثَابِتٍ فَقَالَ لَهُ
" خُذِ الَّذِي لَهَا عَلَيْكَ وَخَلِّ سَبِيلَهَا " . قَالَ نَعَمْ . فَأَمَرَهَا رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ تَتَرَبَّصَ حَيْضَةً وَاحِدَةً فَتَلْحَقَ بِأَهْلِهَا .
Ar-Rubayy' bint Mu'awwidh bin 'Afra' narrated that Thabit bin Qais bin Shammas hit his wife and broke her arm --her name was Jamilah bint 'Abdullah bin Ubayy. Her brother came to the Messenger of Allah to complain about him, and the Messenger of Allah sent for Thabit and said:
"Take what she owes you and let her go." He said: "Yes." And the Messenger of Allah ordered her to wait for one menstrual cycle and then go to her family.
'Ubadah bin Al-Walid bin 'Ubadah bin As-Samit narrated from Rubayy' bint Mu'awwidh. He said:
"I said to her: 'Tell me your Hadith.' She said: 'I was separated from husband by Khul', then I came to 'Uthman and asked him: What 'Iddah do I have to observe? He said: You do not have to observe any 'Iddah, unless you had intercourse with him recently, in which case you should stay with him until you have menstruated. He said: In that I am following the ruling of the Messenger of Allah concerning Mariam Al-Maghaliyyah, who was married to Thabit bin Qais and was separated by Khul' from him.'"
It was narrated from Ibn 'Abbas with regard to Allah's saying:
"Whatever a Verse (revelation) do We abrogate or cause to be forgotten, We bring a better one or similar to it." and He said: "And when We change a Verse in place of another --and Allah knows best what He sends down." and He said: "Allah blots out what He wills and confirms (what He wills). And with Him is the Mother of the Book."
"The first thing that was abrogated in the Qur'an was the Qiblah."
And He said: "And divorced women shall wait (as regards their marriage) for three menstrual periods." and He said: "And those of your women as have passed the age of monthly courses, for them the 'Iddah, if you have doubt (about their periods), is three months." So (some) of that was abrogated, (according to) His, Most High, saying: "And then divorce them before you have sexual intercourse with them, no 'Iddah have you to count in respect of them."
It was narrated that Zainab bint Umm Salamah said:
"Umm Habibah said: 'I heard the Messenger of Allah say: It is not permissible for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days, except for a husband; (she mourns for him for) four months and ten (days)."
It was narrated from Zainab bint Umm Salamah -I (the narrator) said:
"From her mother?" He said: "Yes" - "that the Prophet was asked about a woman whose husband had died but they were worried about her eyes - could she use kohl?" He said: "One of you used to stay in her house wearing her shabbiest clothes for a year, then she would come out. No, (the mourning period is) four months and ten (days)."
Chapter 55: The 'Iddah Of A Woman Whose Husband Dies - كتاب الطلاق
أَخْبَرَنِي إِسْحَاقُ بْنُ إِبْرَاهِيمَ، قَالَ أَنْبَأَنَا جَرِيرٌ، عَنْ يَحْيَى بْنِ سَعِيدِ بْنِ قَيْسِ بْنِ قَهْدٍ الأَنْصَارِيِّ، - وَجَدُّهُ قَدْ أَدْرَكَ النَّبِيَّ صلى الله عليه وسلم - عَنْ حُمَيْدِ بْنِ نَافِعٍ عَنْ زَيْنَبَ بِنْتِ أُمِّ سَلَمَةَ عَنْ أُمِّ سَلَمَةَ وَأُمِّ حَبِيبَةَ قَالَتَا جَاءَتِ امْرَأَةٌ إِلَى النَّبِيِّ صلى الله عليه وسلم فَقَالَتْ إِنَّ ابْنَتِي تُوُفِّيَ عَنْهَا زَوْجُهَا وَإِنِّي أَخَافُ عَلَى عَيْنِهَا أَفَأَكْحُلُهَا فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" قَدْ كَانَتْ إِحْدَاكُنَّ تَجْلِسُ حَوْلاً وَإِنَّمَا هِيَ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا فَإِذَا كَانَ الْحَوْلُ خَرَجَتْ وَرَمَتْ وَرَاءَهَا بِبَعْرَةٍ " .
It was narrated from Zainab bint Umm Salamah, that Umm Salamah and Umm Habibah said:
"A woman came to the Prophet and said: 'My daughter's husband has died, and I am worried about her eyes. Can I apply kohl to her?' The Messenger of Allah said: 'One of you used to stay (in mourning) for a year. Rather (the mourning period is) four months and ten (days). And when that year had passed she would go out and fling a piece of dung behind her.'"
Chapter 55: The 'Iddah Of A Woman Whose Husband Dies - كتاب الطلاق
أَخْبَرَنَا مُحَمَّدُ بْنُ بَشَّارٍ، قَالَ حَدَّثَنَا عَبْدُ الْوَهَّابِ، قَالَ سَمِعْتُ نَافِعًا، يَقُولُ عَنْ صَفِيَّةَ بِنْتِ أَبِي عُبَيْدٍ، أَنَّهَا سَمِعَتْ حَفْصَةَ بِنْتَ عُمَرَ، زَوْجَ النَّبِيِّ صلى الله عليه وسلم عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ
" لاَ يَحِلُّ لاِمْرَأَةٍ تُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ تَحِدُّ عَلَى مَيِّتٍ فَوْقَ ثَلاَثٍ إِلاَّ عَلَى زَوْجٍ فَإِنَّهَا تَحِدُّ عَلَيْهِ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا " .
It was narrated from Safiyyah bint Abi 'Ubaid that she heard Hafsah bint 'Umar, the wife of the Prophet, (narrate) that the Prophet said:
"It is not permissible for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days except for a husband; she should mourn for him for four months and ten (days)."
Chapter 55: The 'Iddah Of A Woman Whose Husband Dies - كتاب الطلاق
أَخْبَرَنَا عَبْدُ اللَّهِ بْنُ الصَّبَّاحِ، قَالَ حَدَّثَنَا مُحَمَّدُ بْنُ سَوَاءٍ، قَالَ أَنْبَأَنَا سَعِيدٌ، عَنْ أَيُّوبَ، عَنْ نَافِعٍ، عَنْ صَفِيَّةَ بِنْتِ أَبِي عُبَيْدٍ، عَنْ بَعْضِ، أَزْوَاجِ النَّبِيِّ صلى الله عليه وسلم وَعَنْ أُمِّ سَلَمَةَ أَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ
" لاَ يَحِلُّ لاِمْرَأَةٍ تُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الآخِرِ تَحِدُّ عَلَى مَيِّتٍ أَكْثَرَ مِنْ ثَلاَثَةِ أَيَّامٍ إِلاَّ عَلَى زَوْجٍ فَإِنَّهَا تَحِدُّ عَلَيْهِ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا " .
It was narrated from Safiyyah bint Abi 'Ubaid from one of the wives of the Prophet, and from Umm Salamah, that the Prophet said:
"It is not permissible for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days except for a husband; she should mourn for him for four months and ten (days)."
It was narrated from Al-Miswar bin Makhramah that Subai'ah Al-Aslamiyyah gave birth one day after her husband died. She came to the Messenger of Allah and asked his permission to marry, and he gave her permission to marry and she married.
"Subai'ah gave birth twenty-three or twenty-five days after her husband died, and when her Nifas ended she expressed her wish to remarry and was criticized for that. Mention of that was made to the Messenger of Allah and he said: 'There is nothing to stop her; her term has ended.'"
"Abu Hurairah and Ibn 'Abbas differed concerning the widow who gives birth after her husband's death. Abu Hurairah said: 'She may be married.' Ibn 'Abbas said: '(She has to wait) for the longer of the two periods.' They sent word to Umm Salamah and she said: 'The husband of Subai'ah died and she gave birth fifteen days -half a month- after her husband died.' She said: 'Two men proposed marriage to her, and she was inclined toward one of them. When they feared that she was becoming single-minded (on this issue, and not consulting her family), they said: It is not permissible for you to marry. She went to the Messenger of Allah and he said: 'It is permissible for you to marry, so marry whomever you want.''"
"Ibn 'Abbas and Abu Hurairah were asked about the woman whose husband dies when she is pregnant. Ibn 'Abbas said: '(She should wait) for the longer of the two periods.' Abu Hurairah said: 'When she gives birth it becomes permissible for her to marry.' Abu Salamah went to Umm Salamah and asked her about that, and she said: 'Subai'ah Al-Aslamiyyah gave birth half a month after her husband died, and two men proposed to her. One was young and one was old, and she was inclined toward the young one. So the old one said: It is not permissible for you to marry. Her family was not there, and he hoped that if he went to her family they would marry her to him. She went to the Messenger of Allah and he said: It is permissible for you to marry, so marry whomever you want.'"
"It was said to Ibn 'Abbas concerning a woman who gives birth one day after her husband died: 'Can she get married?' He said: 'No, not until the longer of the two periods has ended.' He said: 'Allah says: And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they lay down their burden.' He said: 'That only applies in the case of divorce.' Abu Hurairah said: 'I agree with my brother's son' --meaning, Abu Salamah. He sent his slave Kuraib and told him: 'Go to Umm Salamah and ask her: Was this the Sunnah of the Messenger of Allah?' He came back and said: 'Yes, Subai'ah Al-Aslamiyyah gave birth twenty days after her husband died, and the Messenger of Allah told her to get married, and Abu As-Sanabil was one of those who proposed marriage to her.'"
It was narrated from Sulaiman bin Yasir that Abu Hurairah, Ibn 'Abbas, and Abu Salamah bin 'Abdur-Rahman were talking about the 'Iddah of a woman whose husband dies, and she gives birth after her husband dies. Ibn 'Abbas said:
"She should observe 'Iddah for the longer of the two periods." Abu Salamah said: "No, it becomes permissible for her to marry when she has given birth." Abu Hurairah said: "I agree with my brother's son." So they sent word to Umm Salamah, the wife of the Prophet, and she said: "Subai'ah Al-Aslamiyyah gave birth shortly after her husband died; she consulted the Messenger of Allah and he told her to get married."