"I said to Abu Ayyub: 'Do you know of anyone who said that: "Your case is up to you?" counts as three besides Al-Hasan?' He said: "No, not besides Al-Hasan.' Then he said: 'O Allah forgive me - except for what has been narrated to me by Qatadah, from Kathir the freed slave of Banu Samurah, from Abu Salamah, from Abu Hurairah, that the Prophet said: "Three.'"Abu Ayyub said: 'So I met Kathir the freed slave of Banu Samurah and asked him about it, but he was not aware of it. So I returned to Qatadah and informed him about that and he said: "He forgot."
Chapter 5: What has been related about: The woman with three divorces gets no housing nor maintenance (from the husband) - كتاب الطلاق واللعان عن رسول الله صلى الله عليه وسلم
Fatimah bint Qais said:
حَدَّثَنَا هَنَّادٌ، حَدَّثَنَا جَرِيرٌ، عَنْ مُغِيرَةَ، عَنِ الشَّعْبِيِّ، قَالَ قَالَتْ فَاطِمَةُ بِنْتُ قَيْسٍ طَلَّقَنِي زَوْجِي ثَلاَثًا عَلَى عَهْدِ النَّبِيِّ صلى الله عليه وسلم فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" لاَ سُكْنَى لَكِ وَلاَ نَفَقَةَ " . قَالَ مُغِيرَةُ فَذَكَرْتُهُ لإِبْرَاهِيمَ فَقَالَ قَالَ عُمَرُ لاَ نَدَعُ كِتَابَ اللَّهِ وَسُنَّةَ نَبِيِّنَا صلى الله عليه وسلم لِقَوْلِ امْرَأَةٍ لاَ نَدْرِي أَحَفِظَتْ أَمْ نَسِيَتْ . وَكَانَ عُمَرُ يَجْعَلُ لَهَا السُّكْنَى وَالنَّفَقَةَ .
حَدَّثَنَا أَحْمَدُ بْنُ مَنِيعٍ، حَدَّثَنَا هُشَيْمٌ، أَنْبَأَنَا حُصَيْنٌ، وَإِسْمَاعِيلُ، وَمُجَالِدٌ، قَالَ هُشَيْمٌ وَحَدَّثَنَا دَاوُدُ، أَيْضًا عَنِ الشَّعْبِيِّ، قَالَ دَخَلْتُ عَلَى فَاطِمَةَ بِنْتِ قَيْسٍ فَسَأَلْتُهَا عَنْ قَضَاءِ، رَسُولِ اللَّهِ صلى الله عليه وسلم فِيهَا فَقَالَتْ طَلَّقَهَا زَوْجُهَا الْبَتَّةَ فَخَاصَمَتْهُ فِي السُّكْنَى وَالنَّفَقَةِ فَلَمْ يَجْعَلْ لَهَا النَّبِيُّ صلى الله عليه وسلم سُكْنَى وَلاَ نَفَقَةً . وَفِي حَدِيثِ دَاوُدَ قَالَتْ وَأَمَرَنِي أَنْ أَعْتَدَّ فِي بَيْتِ ابْنِ أُمِّ مَكْتُومٍ . قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ . وَهُوَ قَوْلُ بَعْضِ أَهْلِ الْعِلْمِ مِنْهُمُ الْحَسَنُ الْبَصْرِيُّ وَعَطَاءُ بْنُ أَبِي رَبَاحٍ وَالشَّعْبِيُّ وَبِهِ يَقُولُ أَحْمَدُ وَإِسْحَاقُ . وَقَالُوا لَيْسَ لِلْمُطَلَّقَةِ سُكْنَى وَلاَ نَفَقَةٌ إِذَا لَمْ يَمْلِكْ زَوْجُهَا الرَّجْعَةَ . وَقَالَ بَعْضُ أَهْلِ الْعِلْمِ مِنْ أَصْحَابِ النَّبِيِّ صلى الله عليه وسلم مِنْهُمْ عُمَرُ وَعَبْدُ اللَّهِ إِنَّ الْمُطَلَّقَةَ ثَلاَثًا لَهَا السُّكْنَى وَالنَّفَقَةُ . وَهُوَ قَوْلُ سُفْيَانَ الثَّوْرِيِّ وَأَهْلِ الْكُوفَةِ . وَقَالَ بَعْضُ أَهْلِ الْعِلْمِ لَهَا السُّكْنَى وَلاَ نَفَقَةَ لَهَا . وَهُوَ قَوْلُ مَالِكِ بْنِ أَنَسٍ وَاللَّيْثِ بْنِ سَعْدٍ وَالشَّافِعِيِّ . وَقَالَ الشَّافِعِيُّ إِنَّمَا جَعَلْنَا لَهَا السُّكْنَى بِكِتَابِ اللَّهِ قَالَ اللَّهُ تَعَالَى: (لاَ تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ إِلاَّ أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ ) قَالُوا هُوَ الْبَذَاءُ أَنْ تَبْذُوَ عَلَى أَهْلِهَا . وَاعْتَلَّ بِأَنَّ فَاطِمَةَ بِنْتَ قَيْسٍ لَمْ يَجْعَلْ لَهَا النَّبِيُّ صلى الله عليه وسلم السُّكْنَى لِمَا كَانَتْ تَبْذُو عَلَى أَهْلِهَا . قَالَ الشَّافِعِيُّ وَلاَ نَفَقَةَ لَهَا لِحَدِيثِ رَسُولِ اللَّهِ صلى الله عليه وسلم فِي قِصَّةِ حَدِيثِ فَاطِمَةَ بِنْتِ قَيْسٍ .
"My husband divorced me three times during the time of the Prophet. So the Messenger of Allah said: 'There is no housing for you nor maintenance.'" Al-Mughirah (one of the narrators) said: "I mentioned that to Ibrahim and he said: Umar said: "We do not leave the Book of Allah and the Sunnah of our Prophet for the saying of a woman, and we do not know if she remembered or forgot." And Umar used to give her (the divorced woman) housing and maintenance.'"
The Messenger of Allah said: "There is no vow for the son of Adam over what he has no control, and there is no emancipating he can do for one whom he does not own, and there is no divorce for him regarding that which he has no control over."
The Messenger of Allah said: "Whichever woman seeks a Khul from her husband without harm (cause), then the scent of Paradise will be unlawful for her."
The Messenger of Allah said: "Indeed the woman is like a rib, if you try to straighten her you will break her, and if you leave her, what you enjoy from her will be with the crookedness."
"I had a wife whom I loved, but my father disliked her, so he ordered me to divorce her but I refused. I mentioned that to the Prophet and he said: 'O Abdullah bin Umar! Divorce your wife.'"
"The people were such that a man would divorce his wife when he wanted to divorce her, and she remained his wife when he wanted to take her back while she was in her Iddah, and he could divorce a hundred times, or even more, such that a man could say to his wife: 'By Allah! I will neither divorce you irrevocably, nor give you residence ever!' She would say: 'And how is that?' He would say: 'I will divorce you, and whenever your Iddah is just about to end I will take you back. So a woman went to Aishah to inform her about that, and Aishah was silent until the Prophet came. So she told him and the Prophet was silent, until the Qur'an was revealed: Divorce is two times, after that, retain her on reasonable terms or release her with kindness.'" So Aishah said: "So the people could carry on with divorce in the future, (knowing) who was divorced, and who was not divorced."
Chapter 17: What has been related about the pregnant woman who gives birth after her husband dies - كتاب الطلاق واللعان عن رسول الله صلى الله عليه وسلم
Al-Aswad narrated from Abu As-Sanabil bin Ba'kak who said:
"Subai'ah delivered twenty-three or twenty-five days after her husband had died. So when she was ready (finished post-natal bleeding) she adorned herself for marriage, but she was rebuked for doing that, so it was mentioned to the Prophet and he said: "If she has done that then her time has come.'"
Chapter 17: What has been related about the pregnant woman who gives birth after her husband dies - كتاب الطلاق واللعان عن رسول الله صلى الله عليه وسلم
Abu Hurairah, Ibn Abbas and Abu Salamah bin Abdur-Rahman mentioned the pregnant women whose husband died and she gave birth after the death of her husband. So Ibn Abbas said: "She observes Iddah until the end of the two terms." Abu Salamah said: "Rather, she is allowed when she gives birth." Abu Hurairah said: "I am with my nephew," meaning Abu Salamah.So he sent a message to Umm Salamah the wife of the Prophet. She said: "Subai'ah Al-Aslamiyyah gave birth a short time after her husband died, so she sought the judgment of the Messenger of Allah and he ordered her to get married."
Zainab bint Abi Salamah said: "I entered upon Umm Habibah, the wife of the Prophet when her father Sufyan bin Harb died. So she asked for some perfume that had something yellow saffron or something else, so a girl applied it to her and put some on her cheeks. Then she said: 'By Allah! I have no need for perfume except that I heard the Messenger of Allah saying: "It is not lawful for a woman who believers in Allah and the Last Day to mourn for the dead more than three days, except for her husband (in which case it is) four months and ten days."
Zainab said: "So I entered upon Zainab bint Jahsh when her brother died. She called for some perfume and put it on, then said: 'By Allah! I have no need for perfume except that I heard the Messenger of Allah said: "It is not lawful for a woman who believes in Allah and the Last Day to mourn for the dead more than three nights, except for her husband (in which case it is) four months and ten days."
Zainab said: "And I heard my mother, Umm Salamah said: 'A woman came to the Messenger of Allah and she said: "O Messenger of Allah! My daughter's husband died, and she is suffering from an eye ailment, so can she use Kohl?" the Messenger of Allah said: "No" two or three time. Each time (she asked) he said "no." Then he said: "It is just a mater of four months and ten (days). During Jahliyyah one of you would throw a clump of camel dung when one year passed."
Chapter 19: What has been related about the one who has uttered Zihar and has intercourse (with his wife) before atoning - كتاب الطلاق واللعان عن رسول الله صلى الله عليه وسلم
Chapter 19: What has been related about the one who has uttered Zihar and has intercourse (with his wife) before atoning - كتاب الطلاق واللعان عن رسول الله صلى الله عليه وسلم
A man came to the Prophet, and he had uttered Zihar upon his wife then he had intercourse with her. So he said: 'O Messenger of Allah! I uttered Zihar against my wife, then I had intercourse with her before atoning.' He (pbuh) said: "What caused you to do that, may Allah have mercy upon you?' He said: 'I saw her anklets in the moonlight.' He said: 'Then do not go near her until you have done what Allah ordered (for it).'"
Salman bin Sakhr Al-Ansari - from Banu Bayadah - said that his wife was like the back of his mother to him until Ramadan passed. After half of Ramadan had passed he had intercourse with his wife during the night. So he went to the Messenger of Allah to mention that to him. The Messenger of Allah said to him: "Free a slave." He said: "I don't have one." So he said: "Then fast two consecutive months." He said: "I am unable." He said: "Feed sixty needy people." He said: "I can not." So the Messenger of Allah said to Farwah bin Amr: "Give him that Araq - and it is a large basket that holds fifteen or sixteen Sa - to feed sixty needy people."
"The Messenger of Allah swore Ila from his wives, and he made something unlawful and he made himself unlawful what was lawful, and he made atonement for his oath."
"I was asked about those who were involved in the case of Li'an and if they are to be separated, during the leadership of Mus'ab bin Az-Zubair. I did not know what to say. So I went to the house of Abdullah bin Umar and I sought permission to enter. I was told that he was taking a nap, but he heard me talking and he said: 'Is it Ibn Jubair? Enter. You would not have come except for a need.'"He said: "So I entered and found him lying on a saddlecloth from his mount. I said: 'O Abu Abdur-Rahman! Are those involved in Li'an separated?' He said: 'Glorious is Allah! Yes. The first who asked about that was so-and-so the son of so-and-so. He came to the Prophet and said: "O Messenger of Allah! If one of us saw his wife committing adultery what should he do? If he were to say anything, his statement would be a horrible matter, and if he were to remain silent, his silence about the matter would be horrible."
"He said: 'So the Prophet remained silent and did not answer him. Afterwards he came to the Prophet and said: "The one who asked you about it has been tried by it." So Allah revealed these Ayat from Surat An-Nur. And those who accuse their wives and have no witnesses except themselves - until the end of those Ayat. So he called for the man and recited the Ayat to him and admonished him, reminded him, and he told him: "Indeed the punishment of the world is less than the punishment of the Hereafter." So he said: "Nay! By the One Who sent you with the truth! I did not lie about her." Then he did the same with the woman, admonished her and reminding her and he told her: "Indeed the punishment of the world is less than the punishment of the Hereafter." She said: "Nay! By the One Who sent you with the truth! He is not telling the truth.'"
"He said: 'So he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them.'"