Book of Divorce

The Sahih Collection of al-Bukhari

by Imam Bukhari
Translated by: Ustadha Aisha Bewley

Chapter 71. Book of Divorce

The words of Allah Almighty, "O Prophet! When any of you divorce women, divorce them during their period of purity and calculate the waiting-period carefully." (65:1)

Ahsaynahu (36:12) means: "We recorded and counted."

The form of the  sunna divorce is that a man divorces his wife in the presence of two witnesses when she is pure and they have not had intercourse (since she became pure).

4953. It is related that in the time of the Prophet, may Allah bless him and grant him peace, 'Abdullah ibn 'Umar divorced his wife while she was menstruating. 'Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about that. The Messenger of Allah, may Allah bless him and grant him peace, said, "Command him to take her back. Then he should keep her until she becomes pure and then menstruates and becomes pure. Then, if he wants to do so, he can keep if, and if he wishes, he can divorce her while she is pure before having sex with her. That is the 'idda as Allah has commanded for women who have been divorced."

I. When a menstruating woman is divorced, that is counted as a divorce

4954. Anas ibn Sirin said that he heard Ibn 'Umar say, "Ibn 'Umar divorced his wife while she was menstruating. 'Umar mentioned that to the Prophet , may Allah bless him and grant him peace, and he said, 'Take her back.'" Anas asked, "Is it counted?" Ibn 'Umar said, "Yes, of course.

It is reported from Yunus ibn Jubayr that Ibn 'Umar that he said, "Command him to take her back." He asked, "Is it counted?" He said, "What would you think if he were incapacitated and foolish?'"

It is related from Sa'id ibn Jubayr that Ibn 'Umar said, "It is counted as a divorce for me."

II. If someone divorces, and should a man tell his wife to her face that she is divorced?

4955. Al-Awza'i said, "I asked az-Zuhri, 'Which of the wives of the Prophet, may Allah bless him and grant him peace, sought refuge from him?' He answered, ''Urwa informed me from 'A'isha that when the daughter of al-Jawn* was brought to the Messenger of Allah, may Allah bless him and grant him peace, and he came near her, she said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who is Immense. Rejoin your family."'"

It is reported from az-Zuhri that 'Urwa told him that 'A'isha said ...

[*It is said to be  Umayma bint an-Nu'man ibn Sharahil or Asma' bint an-Nu'man ibn Abi'l-Jawn. "Rejoin your family" is an expression which means divorce.]

4956. It is related that Abu Usayd said, "We went out with the Prophet, may Allah bless him and grant him peace, until we reached a walled garden called ash-Shawt and we went to two walls and sat down between them. The Prophet, may Allah bless him and grant him peace, said, 'Sit here. and went in. The Jawniyya woman had been brought and lodged in a house in the date palms of Umayma bint an-Nu'man ibn Sharahil. She had with her wet-nurse who was her governess. When the Messenger of Allah, may Allah bless him and grant him peace, came to her, he said, 'Give yourself to me.' She replied, 'Can a queen give herself to a peasant?' He stretched his hand to her to calm her and she said, 'I seek refuge with Allah from you!' He said, 'You have sought refuge with the Refuge.' Then he came out to us and said, 'Abu Usayd, give her two long white linen garments and take her back to her family.'"

4957. It is related from Sahl and Abu Usayd, "The Prophet, may Allah bless him and grant him peace, married Umayma bint Sharahil. When she was brought to him, he stretched his hand to her and she seemed to dislike that. Therefore he commanded Abu Usayma to prepare her and give her two white linen garments."

This is reported from Sahl ibn Sa'd.

4958. Abu Ghallab Yunus ibn Jubayr said, "I asked Ibn 'Umar, 'What if a man divorces his wife while she is menstruating?' He said, 'Do you know Ibn 'Umar? Ibn 'Umar divorced his wife while she was menstruating and 'Umar went to the Prophet, may Allah bless him and grant him peace, and mentioned that to him. He commanded him to take her back. When she became clean and he wanted to divorce her, he could divorce her.' I asked, 'Was that a divorce?' He said, 'What would you think if he were incapacitated and foolish?'"

III. The one who allowed a treble divorce

By the words of Allah Almighty, "Divorce can be pronounced twice; then wives should be retained with correctness and courtesy or released with good will." (2:229)

Ibn az-Zubayr said about a sick person* divorcing his wife, "I do not think that his irrevocably divorced wife should inherit."

[*This is a person in an illness which will prove fatal.]

Ash-Sha'bi said, "She will inherit." Ibn Shubruma said [to ash-Sha'bi], "Can she marry if the 'idda is finished?" "Yes," he answered. He said, "And what do you think if the second husband dies?" He retracted that view.

4959. It is related that Sahl ibn Sa'd as-Sa'idi reported that 'Umaymir al-'Ajlani came to 'Asim ibn 'Adi al-Ansari and said to him, "'Asim, what do you say about a man who finds another man with his wife? Should he kill him and then you kill him in turn? What else should he do? 'Asim, ask the Messenger of Allah, may Allah bless him and grant him peace, about that.' 'Asim asked the Messenger of Allah, may Allah bless him and grant him peace, about that, and the Messenger of Allah, may Allah bless him and grant him peace, disliked such questions and considered them to be blameworthy. What 'Asim heard the Messenger of Allah, may Allah bless him and grant him peace, say was hard on him. When 'Asim returned to his family, 'Umaymir came and said, ''Asim, what did the Messenger of Allah, may Allah bless him and grant him peace, say to you?' 'Asim said, 'You have not brought me any good! The Messenger of Allah, may Allah bless him and grant him peace, disliked the question which I asked him about.' 'Uwaymir said, 'By Allah, I will not stop until I ask the Messenger of Allah, may Allah bless him and grant him peace, about that!'

"So 'Uwaymir went to the Messenger of Allah, may Allah bless him and grant him peace, who was in the middle of the people and said, 'Messenger of Allah, if a man finds another man with his wife, should he kill him and then you kill him in turn? What else should he do?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah has sent down revelation about you and your wife. Go and bring her.'"

Sahl said, "They cursed one another while I was with the people in the presence of the Prophet, may Allah bless him and grant him peace. When they finished, 'Umaymir said, 'I would be lying about her if I were to keep her, Messenger of Allah.' So he divorced her three times before the Messenger of Allah, may Allah bless him and grant him peace, commanded him to do so."

Ibn Shihab said, "That was the sunna for those who curse one another in the li'an."

4960. 'Urwa ibn az-Zubayr reported that 'A'isha informed him that the wife of Rifa'a al-Qurazi came to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah. Rifa'a has divorced me and it was a final divorce. After him I married 'Abdu'r-Rahman ibn az-Zubayr al-Qurazi who is flaccid (i.e. impotent).' The Messenger of Allah, may Allah bless him and grant him peace,  said, 'Perhaps you want to return to Rifa'a? No, not until he experiences your sweetness and you experience his (i.e. the marriage is consummated).'"

4961. It is related from 'A'isha that a man divorced his wife three times and she married and then was divorced and the Prophet, may Allah bless him and grant him peace, was asked if she was lawful to the first husband. He said, "No, not until he experiences her sweetness as the first did."

IV. The one who gave his wives an option

The words of Allah Almighty, "O Prophet, tell your wives, 'If you desire the life of this world and its finery, come and I will give you all you need and release you with kindliness.'" (33:28)

4962. It is related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, gave us a choice and we chose Allah and His Messenger. That was not considered by us to be a divorce."

4963. It is related that Masruq said, "I asked 'A'isha about the choice and she said, "The Prophet, may Allah bless him and grant him peace, gave us a choice. Was that a divorce?"

Masruq said, "I do not care whether I give her the choice once or a hundred times after she has chosen me."

V. If a man says, "I have parted from you," "I have let you go," or other expressions which indicate leaving or freeing, or that by which divorce was meant, it is according to what he intended

The words of Allah Almighty, "And let them go with kindliness" (33:49) and "And release you with kindliness." (33:28)

He said, "Then wives should be retained with correctness and courtesy or released with good will" (2:229) and "Or part from them with correctness and courtesy." (65:2)

'A'isha said, "The Prophet , may Allah bless him and grant him peace, knew that my parents would not tell me to separate from him."

VI. The man who says to his wife, "You are unlawful for me."

Al-Hasan [al-Basri] said, "It is according to his intention."

The people of knowledge say that when he divorces her three times, then she is unlawful for him. So they called that unlawful (haram) by virtue of divorce and separation. This is not like someone who makes food unlawful because lawful food cannot be called unlawful, while a divorced woman can be called unlawful.

They said about a woman trebly divorced: She is not lawful for her husband until she has married someone else.

Al-Layth reported that Nafi' said, "When Ibn 'Umar was asked about someone who had pronounced three divorces, he said, 'Would that you had pronounced one or two divorces. The Prophet, may Allah bless him and grant him peace, commanded me to do that. If you divorce her three times, then she is unlawful for you until she has married a husband other than you."

4964. It is related that 'A'isha said, "A man divorced his wife and she married another husband and he divorced her. He was flaccid (i.e. impotent) and she could not get anything she wanted from her and it was not long before he divorced her. She went to the Prophet, may Allah bless him and grant him peace, and said, "Messenger of Allah, my husband divorced me and I married another husband and he came in to me but he was only flaccid and only came near me once but did not get anything from me. Am I lawful for my first husband?" The Messenger of Allah, may Allah bless him and grant him peace, said. "You are not lawful to your first husband until another experiences your sweetness and you experience his.'"

VII. "Why do you make forbidden what Allah has made lawful for you?" (66:1)

4965. It is reported that Sa'id ibn Jubayr heard Ibn 'Abbas say, "If a man declares his wife unlawful for him, that means nothing." He added, "You indeed have a good model in the Messenger of Allah."

4966. It is related that 'Ubayd ibn 'Umayr said, "I heard 'A'isha say that the Prophet, may Allah bless him and grant him peace, used to stay with Zaynab bint Jahsh and drink honey with her. Hafsa and I decided that if he came to either of us, she would say to him, 'I smell maghafir on you. You have eaten maghafir (a sweet gum with a foul smell).' He said, 'No, rather I have drunk honey with Zaynab bint Jahsh. I will do not so again.'" It was revealed "O Prophet! Why do you make forbidden what Allah has made lawful for you, seeking the good pleasure of your wives? ... to .. "If the two of you would turn to Allah." (66:1-4) addressed to 'A'isha and Hafsa. "The Prophet confided a certain matter to one of his wives" (66:3), which was his words, "I have drunk honey."

4967. It is related that 'A'isha $ said, "The Messenger of Allah, may Allah bless him and grant him peace, used to love honey and sweets. After finishing 'Asr, he would go to his wives and stay with one of them. He went to Hafsa bint 'Umar and stayed longer than he used to. I was jealous and asked about that. I was told that a woman of her family had given her a skin filled with honey and she gave the Prophet, may Allah bless him and grant him peace, a drink from it. I said, 'By Allah, we will play a trick on him. I said to Sawda bint Zam'a, 'He will come close to you. When he comes close to you, say, "Have you eaten maghafir?" He will say, "No." Tell him, "Then what is this smell which I smell from you?" He will say, "Hafsa gave me a drink of honey." Tell him, "Perhaps the bees visited 'Urfut trees*." I will say this as well. Safiyya, you say the same.' Sawda said, 'By Allah, as soon as he stood at the door, I wanted to say what you told me to say out of fear of you.' So when he came near her, Sawda said to him, 'Messenger of Allah, have you eaten maghafir?' 'No,' he answered. She said, 'Then what is this smell which I smell from you?' He answered, 'Hafsa gave me a drink of honey.' She said, 'Perhaps the bees visited 'Urfut.' When he came to me, I said the same and when he went to Safiyya, she said the same. When he then went to Hafsa, she said, 'Messenger of Allah, shall I give you a drink of it?' He said, 'I have no need of it.' Sawda said, 'By Allah, we have deprived him!' I told her, 'Be quiet.'"

[*This is the mimosa which produces a gum called mughfur or maghafir which has a foul smell.]

VIII. There is no divorce before marriage

The words of Allah Almighty, "O you who believe! When you marry believing women and then divorce them before you have touched them, there is no waiting-period for you to calcuate for them, so give them a gift and let them go with kindliness." (33:49)

Ibn 'Abbas said, "Allah made divorce only after marriage."

That is related from 'Ali, Sa'id ibn al-Musayyib, 'Urwa ibn az-Zubayr, Abu Bakr ibn 'Abdu'r-Rahman, 'Ubaydullah ibn 'Abdullah ibn 'Utba, Aban ibn 'Uthman, 'Ali ibn Husayn, Shurayh, Sa'id ibn Jubayr, al-Qasim, Salim, Tawus, al-Hasan, 'Ikrima, 'Ata', 'Amir ibn Sa'd, Jabir ibn Zayd, Nafi' ibn Jubayr, Muhammad ibn Ka'b, Sulayman ibn Yasar, Mujahid, al-Qasim ibn 'Abdu'r-Rahman, 'Amr ibn Harim, and ash-Sha'bi that she is not divorced [before marriage].

IX. When someone is forced to say about his wife, "She is my sister," it is of no consequence

The Prophet , may Allah bless him and grant him peace, said, "Ibrahim said about Sara, 'This is my sister.' That meant his sister in respect of Allah Almighty."

X. Divorce while compelled or forced and while drunk or insane, and its status. Error and forgetfulness in divorce, shirk and other things

This is based on the statement of the Prophet, may Allah bless him and grant him peace, "Actions are by intention. Every man has what he obtained."

Ash-Sha'bi recited, "Our Lord, do not take us to task if we forget or make a mistake!" (2:286)

What is not accepted of the admission of someone suffering from whisperings

The Prophet, may Allah bless him and grant him peace, said to the person who confessed against himself. "Are you mad?"

'Ali said, "Hamza slit the sides of my two she-camels and the Prophet, may Allah bless him and grant him peace, began to rebuke Hamza. Hamza was drunk and his eyes became red. Then Hamza said, 'Are you not my father's slaves?' The Messenger of Allah, may Allah bless him and grant him peace, saw that he was drunk, and so the Messenger of Allah* withdrew and we went out with him.'"

'Uthman said, "There is no divorce by someone insane or intoxicated."

Ibn 'Abbas said, "A divorce by someone intoxicated or compelled is not a divorce.

'Uqba ibn 'Amir said, "A divorce by someone suffering whisperings is not allowed."

'Ata' said, "If someone begins with divorce (connected to a precondition), then it is according to the precondition."

Nafi' asked, "[What if] a man said that his wife was divorced irrevocably if she goes out [of the house]?" Ibn 'Umar said, "If she goes out, then she is irrevocably divorced from him. If she does not go out, there is nothing."

Az-Zuhri said about someone who says, "If I do such-and-such and such-and-such, my wife is trebly divorced," that he is questioned about what he said and what his heart intended when he made that oath. If he names a fixed time which he meant and that was in his heart when he made the oath, then that is in his deen and his trustworthiness.

Ibrahim said, "If he says, 'I have no need of you,' it is according his intention. Divorce is valid when pronounced in the language of any people."

Qatada said, "If he says, 'If you become pregnant, then you are trebly divorced,' he has sex with her once in every period of purity. If it becomes clear that she is pregnant, then she is irrevocably divorced."

Al-Hasan said, "If he says, 'Join your family,' then it is according to his intention."

Ibn 'Abbas said, "Divorce should only occur when needed. Freeing slaves is that which is meant for the sake of Allah."

Az-Zuhri said, "If he says, 'You are not my wife,' it is according to his intention. If he intends divorce, it is as he said."

'Ali said. "Do you not know that the pen is lifted from three: a mad person until he recovers, a child until he comes of age, and someone asleep until he wakes up?"

'Ali said, "Every divorce is allowed except the divorce of the one who has lost his senses."

4968. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "Allah has overlooked for my community that which their selves say to them as long as that is not acted on or articulated."

Qatada said, "When someone pronounces a divorce in his mind, it is nothing."

4969. It is reported from Jabir that a man of the Banu Aslam came to the Prophet, may Allah bless him and grant him peace, while he was in the mosque and said that he had committed fornication. The Prophet, may Allah bless him and grant him peace, turned from him but the man moved to the side to which he had turned and testified four times against himself. So he called him and asked, "Are you mad? Are you muhsan*?" The man said, "Yes," and the Prophet commanded that he be stoned in the place of prayer. When the edges of the stones hurt him, he fled, but was overtaken at al-Harra and killed.

[* Meaning that he had been previously married.]

4970. It is related that Abu Hurayra said, "A man from the Banu Aslam came to the Prophet, may Allah bless him and grant him peace, while he was in the mosque and called him, saying, 'Messenger of Allah, the other (meaning himself) has committed fornication.' He turned from him but the man moved to the side to which he had turned and said, 'Messenger of Allah, the other has committed fornication.' He turned from him and the man again moved to the side to which he had turned and said that to him. He turned from him and the man moved to him a fourth time. When he had testified against himself four times, he called the man and asked, 'Are you mad?' 'No,' he answered. The Prophet, may Allah bless him and grant him peace, said, 'Go and stone him.' He was muhsan."

Az-Zuhri reported that he heard Jabir ibn 'Abdullah al-Ansari say, "I was one of those who stoned him. We stoned him in the place of prayer at Madina. When the edges of the stones hurt him, he fled and we caught him at al-Harra and stoned him to death."

XI. The Khul' divorce and how one is divorced as means of it.

The words of Allah Almighty, "It is not lawful for you to keep anything you have given them unless a couple fear that they will not keep within Allah's limits. If you fear that they will not keep within Allah's limits, there is nothing wrong in a wife ransoming herself with some of it. These are Allah's limits so do not overstep them. Those who overstep Allah's limits, they are the wrongdoers." (2:229)

'Umar allowed a khul' without the presence of an authority.

'Uthman allowed a khul'  in return for everything except a hair binding.

Tawus said, "If they fear that they will not keep within Allah's limits" refers to what each of them owes the other in intimacy and companionship." He did not take the position of fools that it is not lawful unless she says, "I will not wash from you on account of janaba."

4971. It is related from Ibn 'Abbas that the wife of Thabit ibn Qays came to the Prophet, may Allah bless him and grant him peace, and said, 'I not do criticise Thabit ibn Qays for his character or his deen, but I dislike ingratitude in Islam." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you return his garden to him?" "Yes," she answered. The Messenger of Allah, may Allah bless him and grant him peace, said, "Accept your garden and divorce her once." Abu 'Abdullah [al-Bukhari] said, "It is uninterrupted from Ibn 'Abbas."

4972. It is related from 'Ikrima that the sister of 'Abdullah ibn Ubayy related this. He said, "Will you return his garden to him?" "Yes," she said and she returned it and he commanded that he divorce her."

It is reported from 'Ikrima that the Prophet, may Allah bless him and grant him peace, said, "Divorce her."

It is related from 'Ikrima that Ibn 'Abbas said, "The wife of Thabit ibn Qays came to the Prophey, may Allah bless him and grant him peace, and said, "Messenger of Allah, I do not criticise Thabit ibn Qays in his deen or his character, But I cannot endure him." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you return his garden to him?" "Yes," she said.

4973. It is related from 'Ikrima that Ibn 'Abbas said, "The wife of Thabit ibn Qays ibn Shammas came to the Messenger of Allah, may Allah bless him and grant him peace, said, 'Messenger of Allah, I do not criticise Thabit in his deen or his character, but I fear ingratitude.' The Prophet, may Allah bless him and grant him peace, said, 'Will you return his garden to him?' 'Yes,' she said. She returned it to him and he ordered him to part from her."

'Ikrima related that Jamila (and he related the hadith.)

XII. Discord and whether khul' is suggested when it is necessary.

The words of Allah, "If you fear a breach between a couple, send an arbiter from his people and an arbiter from her people." (4:35)

4974. It is related that al-Miswar ibn Makrama said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The Banu'l-Mughira have asked for permission to marry their daughter to 'Ali. I do not give permission.'"

XIII. Selling a slavegirl does not entail divorce

4975. It is related that 'A'isha, the wife of the Prophet , may Allah bless him and grant him peace, said, "There were three sunnas established in connection with Barira. The first was that when she was set free, she was given a choice (of remaining married) with her husband. The Messenger of Allah, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets a person free. The Messenger of Allah, may Allah bless him and grant him peace, came in when there was a pot with meat on the boil. Bread and condiments were brought to him from the stock of the house. He said, 'Did I not see a pot with meat in it?' They said, 'Yes, but that is meat which was given as sadaqa to Barira, and you do not eat sadaqa.' He said, 'It is sadaqa for her and it is a gift for us.'"

XIV. Giving a slavegirl married to a slave the option (of remaining married or not)

4976. It is related that Ibn 'Abbas said, "I saw that he was a slave," meaning the husband of Barira.

4977. It is related that Ibn 'Abbas said, "That was Mughith, the slave of the Banu so-and-so," meaning the husband of Barira. "I can visualise him following her through the streets of Madina weeping for her."

4978. It is related that Ibn 'Abbas said, "Barira's husband was a slave called Mughith, the slave of the Banu so-and-so. I can visualise him now, going around behind her through the streets of Madina."

XV. The intercession of the Prophet, may Allah bless him and grant him peace, for Barira's husband

4979. It is related that Ibn 'Abbas said that Barira's husband was a slave called Mughith. I can visualise him going around behind her, weeping, with his tears flowing down his beard. The Prophet, may Allah bless him and grant him peace, said, "'Abbas! Are you not amazed at Mughith's love for Barira and Barira's hatred for Mughith?" The Prophet, may Allah bless him and grant him peace, asked, "Will you take him back?" She said, "Do you command me to, Messenger of Allah?" He answered, "I am interceding." She said, "I have no need of him."

4980. It is related from al-Aswad that 'A'isha wanted to buy Barira and her masters wanted to stipulate keeping her wala' as a precondition. 'A'isha mentioned it to the Prophet, may Allah bless him and grant him peace, and the Prophet, may Allah bless him and grant him peace, said to her, "Buy her and free her. The wala' belongs to the one who sets a person free." She said, "Some meat was brought to the Prophet, may Allah bless him and grant him peace, and I said, 'This was given as sadaqa to Barira.' He said, 'It is sadaqa for her and a gift for us.'"

Shu'ba added, "She was given a choice about her husband."

XVI. The words of Allah Almighty, "Do not marry idolatrous women until they believe. A believing slavegirl is better for you than an idolatress, even though she attract you." (2:221)

4981. It is related from Nafi' that when Ibn 'Umar was asked about marrying a Christian or Jewish woman, he said, "Allah has made idolatresses unlawful for the believers. I do not know of a more terrible shirk than that a woman say, 'My Lord is 'Isa,' when he is one of the slaves of Allah."

XVII. Marrying idolatresses who have become Muslim and their 'idda

4982. It is related by 'Ata' from Ibn 'Abbas that the idolaters were in two positions in relation to the Prophet , may Allah bless him and grant him peace, and the believers. Some were idolaters from the people of war whom the Prophet, may Allah bless him and grant him peace, fought and who fought him, and other idolaters were people with a treaty. He did not fight them and they did not fight him, If a woman from the people of war emigrated, she did not receive a marriage proposal until she had menstruated and then become pure. When she was pure, it was lawful for her to marry. If her husband emigrated before she married, she was returned to him. If a slave or slavegirl emigrated to them, they were free and they had the same rights that the emigrants had. Then he ('Ata') mentioned the people of treaty as in the hadith of Mujahid. [as in the next section] If a slave or slavegirl of the idolaters who had a treaty emigrated, they were not returned, but their prices were paid to them.

It is reported from Ibn 'Abbas that Qariba bint Abi Umayya was married to 'Umar ibn al-Khattab. He divorced her and then Mu'awiya ibn Abi Sufyan married her. Umm al-Hakam bint Abi Sufyan was married to 'Iyad ibn Ghanm al-Fihri. He divorced her and 'Abdullah ibn 'Uthman ath-Thaqafi married her.

XVIII. When an idolatress or Christian woman who is married to a dhimmi or harbi becomes Muslim

It is reported that Ibn 'Abbas said, "When a Christian woman becomes Muslim an hour before him, she is forbidden to him."

It is reported that 'Ata' was asked about a woman from those with whom there is a treaty who became Muslim and then her husband became Muslim while she was still in her 'idda: was she still his wife? 'Ata' said, "No, not unless she wishes to marry him with a new marriage and dower.

Mujahid said that if he becomes Muslim during her 'idda, he can re-marry her.

Allah Almighty says, "They are not lawful for the rejectors nor are the rejectors lawful for them." (60:10)

Al-Hasan and Qatada said about a Magian couple who become Muslim: they are still married, but if one becomes a Muslim before the other, and the other refuses, there is a final divorce and the husband has no way to her.

Ibn Jurayj said, "I asked 'Ata', 'If a woman of the idolaters comes to the Muslims, is her husband compensated for her by the words of Allah, "Give the rejectors whatever dowry they paid" (60:10)?' 'Ata answered, 'No, That was between the Prophet, may Allah bless him and grant him peace, and the people of that treaty."

Mujahid said, "All of this was in the treaty between the Prophet, may Allah bless him and grant him peace, and Quraysh."

4983. It is related from 'Urwa ibn az-Zubayr that 'A'isha, the wife of the Prophet said, "When believing women emigrated to the Prophet, may Allah bless him and grant him peace, he could examine them by the words of Allah Almighty, 'O you who believe! When believing women come to you as emigrants, submit them to a test...' (60:10)" 'A'isha said, "When any of the believing women affirmed this condition, she passed the test. When they verbally affirmed that, the Messenger of Allah, may Allah bless him and grant him peace, would say to them, 'Go, I have taken your allegiance.' By Allah, the hand of the Messenger of Allah, may Allah bless him and grant him peace, never touched the hand of a woman. He took their allegiance verbally. By Allah, the Messenger of Alla, may Allah bless him and grant him peace, only took from women what Allah commanded. When he took their allegiance, he told them, 'I have taken your allegiance' verbally."

XIX. The words of Allah Almighty, "Those who swear to abstain from sexual relations with their wives can wait for a period of up to four months. If they then retract their oath, Allah is Ever-Forgiving, Most Merciful. If they are determined to divorce, Allah is All-Hearing, All-Knowing." (2:226-227)

"Fa-in fa'u" means "retract".

4984. It is related that Anas ibn Malik was heard to say, "The Messenger of Allah, may Allah bless him and grant him peace, took an oath to stay away from his wives at a time when he had dislocated his foot. He remained in his upper room for 29 days and then came down. They said, 'Messenger of Allah, did you take an oath for a month?' He replied, 'The month is 29 days.'"

4985. It is related from Nafi' that Ibn 'Umar used to say about the ila' which Allah identified, "After the end of the period, it is not lawful for a person to do other than retain her with kindness or to resolve on divorce as Allah Almighty has commanded."

He reported that Ibn 'Umar said, "When four months have passed, then the husband is detained until he divorces, but there is no divorce until he divorces her."

That was reported from 'Uthman, 'Ali, Abu'd-Darda' and twelve of the Companions of the Prophet, may Allah bless him and grant him peace.

XX. The ruling concerning the wife and property of a missing person

Ibn al-Musayyab said, "When someone goes missing in the battle lines, his wife waits for a year [before she is free to marry]."

Ibn Mas'ud purchased a slavegirl and searched for her owner for a year without finding him as he was missing. He began to give one or two dirhams away and said, "O Allah, this is for so-and-so. If he comes, it is for him and for me." He said, "This is what you should do in the case of something that you find."

Az-Zuhri said about a captive whose location is known, "His wife does not remarry and his property is not divided. When there is no further news of him, then his case becomes that of someone who is missing."

4986. It is related that Yazid, the client of al-Munba'ith, said that the Prophet, may Allah bless him and grant him peace, was asked about a lost sheep. He said, "Take it. It is for you, your brother or the wolf." He was asked about a lost camel and he became angry and face became red. He said, "It has nothing to do with you. It has its feet and its water and it will find water and graze from the trees until its owner finds it." The Prophet, may Allah bless him and grant him peace, was asked about finding a lost article. He said, "Note its string and container, and then publicise it for a year. If its owner comes, give it to him, Otherwise, add it to your property."

Sufyan said, "I met Rabi'a ibn Abi 'Abdu'r-Rahman." Sufyan said, "This is all that I memorised from him." I said, "Do you think that the hadith of Yazid, the client of al-Munba'ith, about the lost animal is from Zayd ibn Khalid?" "Yes," he answered. Rabi'a said it is from Yazid, the client of al-Munba'ith, from Zayd ibn Khalid. Sufyan said that he met Rabi'a and spoke to him.

XXI. Zihar Divorce

The words of Allah Almighty, "Allah has heard the words of the woman who disputes with you about her husband and lays her complaint before Allah ...to ... And anyone who is unable to do that must feed sixty poor people." (58:1-4)

It is related that Malik asked Ibn Shihab about the zihar done by a slave. He said, "It is like that zihar of a free person." Malik said that a slave fasts for two months.

Al-Hasan ibn al-Hurr said that a zihar by a free person and a slave from a free woman or a slavegirl is the same.

'Ikrima said, "If someone pronounces a zihar in regard to his slavegirl, it means nothing. A zihar is only done with wives."

In Arabic "lima qalu" (58:3) means "on what they said" and is to nullify what they said. This is more appropriate because Allah does not direct to the objectionable or falsehood.

XXII. Using gestures in divorce and other matters

Ibn 'Umar said that the Prophet, may Allah bless him and grant him peace, said, "Allah will not punish on account of the tears of the eyes, but He will punish on account of this," and he pointed to his tongue.

Ka'b ibn Malik said, "The Prophet, may Allah bless him and grant him peace, gestured to me to take half."

Asma' said, "The Prophet, may Allah bless him and grant him peace, prayed in an eclipse and I said to 'A'isha, 'What are the people doing?' She was praying and she indicated the sun with her head. I asked, 'Is it a sign?' and she nodded with her head in affirmation."

Anas said, "The Prophet, may Allah bless him and grant him peace, gestured with his hand that Abu Bakr should go forward [to lead the prayer]."

Ibn 'Abbas said, "The Prophet, may Allah bless him and grant him peace, indicated with a gesture of his hand that there was no harm."

Abu Qatada said, "The Prophet, may Allah bless him and grant him peace, said about game for someone in ihram, 'Did any of you command him to attack it or point at it?' They replied, 'No.' He said, 'Then eat.'"

4987. It is related that Ibn 'Abbas said, "The Messenger of Allah, may Allah bless him and grant him peace, performed tawaf on his camel. Whenever he reached the Corner, he pointed with his hand and said the takbir." Zaynab said, "The Prophet, may Allah bless him and grant him peace, said, 'An opening has been made in the wall of Ya'juj and Ma'juj like this,' and he formed the shape of the number 90 [with his thumb and forefinger]."

4988. It is related that Abu Hurayra said, "Abu'l-Qasim, may Allah bless him and grant him peace, said, 'There is an hour in Friday such that if any Muslim is standing in prayer at that moment and he asks Allah for good, He will give it to him.'" He put his finger tips on the inside of the middle finger and little finger." We said, "He is computing it."

4989. It is related from Anas ibn Malik that in the time of the Messenger of Allah, may Allah bless him and grant him peace, a Jew attacked a girl and took some silver jewellery that she was wearing and crushed her head. Her family brought her to the Prophet, may Allah bless him and grant him peace, while she was close to death and was rendered speechless. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Who killed you? So-and-so?" mentioning someone other than the person who had killed her. She indicated it was not. He said, "So-and-so?" naming her killer and she indicated that it was. So the Messenger of Allah* ordered that his head be crushed between two stones."

4990. It is related that Ibn 'Umar said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Trial (fitna) will come from here,' pointing to the east."

4991. It is related that 'Abdullah ibn Abi Awfa said, "We were with the Messenger of Allah, may Allah bless him and grant him peace, on a journey. When the sun set, he said to a man, 'Get down and mix some sawiq for me.' He said, 'Messenger of Allah, will you wait until evening?' Then he said, 'Get down and mix some sawiq for me.' He said, 'Messenger of Allah, will you wait until evening? It is still day.' Then he said again, 'Get down and mix some sawiq for me.' The third time he dismounted and mixed some sawiq for him and the Messenger of Allah, may Allah bless him and grant him peace, drank and then gestured with his hand towards the east and said, 'When you see the night advancing from here, then the faster can break his fast.'"

4992. It is related from 'Abdullah ibn Mas'ud that the Prophet , may Allah bless him and grant him peace, said, "One of you (or none among you) should let the call – or adhan – of Bilal stop you from eating your suhur. He calls – or gives the adhan – so that one praying can stop. He is not saying that it is Subh or time for Fajr." Yazid (the narrator) showed his hands and then stretched each of them from the other.

4993. It is related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "The likeness of the miser and the one who gives is like two men wearing shirts of chain-mail from their breasts to their collar bones. When the giver of sadaqa spends, his shirt expands over his body until it covers his fingertips and obliterates his footsteps. When the miser wants to spend anything, every link remains in its place. He tries to make it looser but it will not get looser." He pointed with his finger at his throat.

XXIII. The Li'an

The words of Allah Almighty, "Those who make an accusation against their wives and have no witnesses except themselves, the legal proceeding of such a one is to testify four times by Allah that he is telling the truth and a fifth time that Allah's curse will be upon him if he is lying. And the punishment is removed from her if she testifies four times by Allah that he is lying and a fifth time that Allah's anger will be upon her if he speaks the truth." (24:6-9)

If a mute man slanders* his wife by writing, indicating or pointing in a known manner, he is like someone who articulates that in words because the Prophet, may Allah bless him and grant him peace, allowed gestures in obligatory acts. That is the view of some of people of the Hijaz** and the people of knowledge. Allah Almighty says, "But she (Mary) pointed to him (Jesus). They said, "She pointed towards him. They said, 'How can a child in the cradle speak?'" (19:29) Ad-Dahhak said that "illa ramza" (3:41) means only with gestures.

Someone [Abu Hanifa] said that there is no hadd or li'an (based on gesture), and then he said that it is permitted for divorce to occur by writing, pointing or gesture. There is no difference between divorce and slander. If he says that slander only occurs through words, he is told, 'Then the same is true of divorce. It is not permitted by words. Otherwise both divorce and slander are invalid." The same is true of emancipation. The person who is deaf can carry out a li'an.

Ash-Sha'bi and Qatada said, "If someone says, 'You are divorced,' and points with his fingers, then it is clear by his gesture."

Ibrahim said, "If a mute person writes out the divorce with his hand, it is binding."

Hammad ***said, "If a mute or deaf person uses his head, or indicates with his head, it is allowed."

[* Slander here is qadhf, which is to accuse of illicit sex.

** Meaning Malik and those who followed him. The people of knowledge means Abu Thawr.

*** Hammad ibn Abi Sulayman, the shaykh of Abu Hanifa.]

4994. It is related from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shall I tell you which are the best houses of the Ansar?" "Yes, indeed, Messenger of Allah." they answered. He said, "The Banu'n-Najjar, then after them the Banu al-Ashhal, then the Banu'-Harith ibn al-Khazraj, then the Banu Sa'ida." Then he clenched his fingers and opened them like someone throwing something with his hand and said, "There is good in all the houses of the Ansar."

4995. It is related that Sahl ibn Sa'd as-Sa'idi, the Companion of the Messenger of Allah, may Allah bless him and grant him peace, was heard to say that the Messenger of Allah, may Allah bless him and grant him peace, said, "My being sent and the Final Hour are like these two," and he put together his middle and index fingers.

4996. It is related from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "The month is like this, this and this," i.e. thirty. Then he said, "And like this, this and this," meaning 29. He indicated thirty once and 29 once.

4997. It is related that Abu Mas'ud said, "Belief is there," and he pointed towards Yemen. "But cruelty and hard-heartedness are in those with loud voices who are following the tails of camels where the horns of Shaytan appear - Rabi' and Mudar."

4998. It is related from Sahl that the Messenger of Allah, may Allah bless him and grant him peace, said, "I and the one who cares for an orphans will be like this in the Garden," and he indicated his middle and index fingers and slightly parted them.

XXIV. When someone alludes to denial of paternity

4999. It is related from Abu Hurayra that a man came to the Prophet, may Allah bless him and grant him peace, said, "Messenger of Allah, a black child has been born to me." He asked him, "Do you have camels?" "Yes," the man replied. He asked, "What colour are they?" "Red," he answered. He asked, "Is there a grey one among them?" "Yes," he replied. He said, "Where does that come from?" He said, "Perhaps it is a throwback in the bloodline." He said, "Perhaps this son of yours is a throwback.'"

XXV. Making those involved in the li'an are made to swear oaths

5000. It is related from 'Abdullah [ibn 'Umar] that a man of the Ansar slandered his wife and the Prophet, may Allah bless him and grant him peace, made them both swear oaths and then separated them."

XXVI. The man goes first in the li'an

5001. It was related from Ibn 'Abbas that Hilal ibn Umayya slandered his wife and came and testified. The Prophet, may Allah bless him and grant him peace, said, "Allah knows that one of you is lying. Will one of you repent?" Then the woman got up and testified.

XXVII. The li'an and the one who divorced after the li'an

5002. It is related that Sahl ibn Sa'd as-Sa'idi reported that 'Umaymir al-'Ajlani came to 'Asim ibn 'Adi al-Ansari and said to him, "'Asim, what do you say about a man who finds another man with his wife? Should he kill him and then you kill him in turn? What else should he do? 'Asim, ask the Messenger of Allah, may Allah bless him and grant him peace, about that.' 'Asim asked the Messenger of Allah, may Allah bless him and grant him peace, about that, and the Messenger of Allah, may Allah bless him and grant him peace, disliked such questions and considered them to be blameworthy. What 'Asim heard the Messenger of Allah, may Allah bless him and grant him peace, say was hard on him. When 'Asim returned to his family, 'Umaymir came and said, ''Asim, what did the Messenger of Allah, may Allah bless him and grant him peace, say to you?' 'Asim said, 'You have not brought me any good! The Messenger of Allah, may Allah bless him and grant him peace, disliked the question which I asked him about.' 'Uwaymir said, 'By Allah, I will not stop until I ask the Messenger of Allah, may Allah bless him and grant him peace, about that!'

"So 'Uwaymir went to the Messenger of Allah, may Allah bless him and grant him peace, who was in the middle of the people and said, 'Messenger of Allah, if a man finds another man with his wife, should he kill him and then you kill him in turn? What else should he do?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Allah has sent down revelation about you and your wife. Go and bring her.'"

Sahl said, "They cursed one another while I was with the people in the presence of the Prophet, may Allah bless him and grant him peace. When they finished, 'Umaymir said, 'I would be lying about her if I were to keep her, Messenger of Allah.' So he divorced her three times before the Messenger of Allah , may Allah bless him and grant him peace, commanded him to do so."

Ibn Shihab said, "That was the sunna for those who curse one another in the li'an." [Same as 8185]

XXVIII. Carrying out the li'an in the mosque

5003. Ibn Jurayj said, "Ibn Shihab told me about the li'an and the sunna from the hadith of Sahl ibn Sa'd, the brother of the Banu Sa'ida. A man of the Ansar went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, what do you say about a man who finds another man with his wife? Should he kill him or what should he do?' So Allah revealed about her what is mentioned in the Qur'an about the couple who carry out the li'an. The Prophet, may Allah bless him and grant him peace, said, 'Allah has given a decision about you and your wife.' He said, 'They cursed each other in the mosque while I was present. When they finished, he said, 'I would be lying about her if I were to keep her, Messenger of Allah.' So he divorced her three times before the Messenger of Allah, may Allah bless him and grant him peace, commanded him to do so when they finished the li'an. So he parted from her with the Prophet, may Allah bless him and grant him peace. That is how every couple who carries out the li'an are divorced.'"

Ibn Shihab said, "The sunna after them was that a couple who pronounced the li'an were divorced. She was pregnant and her son was called by his mother's name." He said, "The sunna in her inheritance was that she inherited from him and she from him according to the share which Allah allotted him.

Ibn Shihab reported from Sahl ibn Sa'd as-Sa'idi in this hadith that the Prophet, may Allah bless him and grant him peace, said, "If she has a small reddish child like the wahra lizard (white with reddish spots), then I think that she has spoken the truth and he lied about her. If she has a child with black eyes and large buttocks, then I think that he spoke the truth about her." She had a child with the disliked description.

XXIX. The words of the Prophet, may Allah bless him and grant him peace, "If I were to stone someone without evidence..."

5004. It is related from Ibn 'Abbas: "The li'an was mentioned in the presence of the Prophet, may Allah bless him and grant him peace. 'Asim ibn 'Adi said something about that and then left. A man from his people had come to him to complain that he had found a man with his wife. 'Asim said, 'I have not suffered in this except for what I said.' 'Asim brought the man to the Prophet, may Allah bless him and grant him peace, and he told him about how he had found his wife. That man was pale, thin with straight hair. The man he claimed that he had found with his wife had fat calves and forearms, dark brown skin, and was corpulent. The Prophet, may Allah bless him and grant him peace, said, 'O Allah! Make things clear!' She bore a child who looked like the same as the man whom her husband mentioned that he had found her with. The Prophet, may Allah bless him and grant him peace, had them carry out the li'an."

A man asked Ibn 'Abbas in the gathering, "Was she the woman about whom the Prophet, may Allah bless him and grant him peace, said, 'If I were to stone someone without evidence, I would have stoned this one'?" He said, 'No, that was a woman who made a show a lewdness although she was Muslim."

Abu Salih and 'Abdullah ibn Yusuf said khadlan (with fat calves and forearms).

XXX. The dower of a woman divorced by li'an

5005. It is related that Sa'id ibn Jubayr said, 'I said to Ibn 'Umar, 'What happens if a man slanders his wife?' He replied, 'The Prophet, may Allah bless him and grant him peace, separated the couple of the Banu'l-'Ajlan and said, 'Allah knows that one of you is lying. Will one of you repent?' They both refused. He said again, 'Allah knows that one of you is lying. Will one of you repent?' They both refused. He said again, 'Allah knows that one of you is lying. Will one of you repent?' They both refused. So he separated them.

Ayyub said, "'Amr ibn Dinar said to me, 'There is something else in the hadith which I do not see you recount. The man said, 'And my money?' It was said, 'You have no money. If you spoke the truth, you consummated the marriage by paying it. If you lie, it is even further from you.'"

XXXI. The ruler saying to the couple doing a li'an, "One of you is lying. Will one of you repent?"

5006. It is related that Sa'id ibn Jubayr was heard to say, "I asked Ibn 'Umar about a couple involved in the li'an. He said, 'The Prophet, may Allah bless him and grant him peace, said to the couple in the li'an, "Your reckoning is up to Allah. One of you is lying, and you have no way against the woman." He asked, "And my money?" He said, "You have no money. If you spoke the truth about her, it was to render her private parts lawful for you. If you lied about her, then that is even further from you."

Sufyan said, "I memorised it from 'Amr."

Ayyub said, "I heard Sa'id ibn Jubayr say, 'I asked Ibn 'Umar, "What if a man is separated from his wife by a li'an?" He answered by putting two of his fingers apart – and Sufyan put his index and middle fingers apart. "The Prophet, may Allah bless him and grant him peace, separated the couple of the Banu'l-'Ajlan and said, 'Allah knows that one of you is lying. Will one of you repent?' three times.'"

Sufyan said, "I memorised it from 'Amr and Ayyub as I have told you."

XXXII. Separating a couple who pronounce the li'an

5007. It is related from Nafi' that Ibn 'Umar told him that the Messenger of Allah, may Allah bless him and grant him peace, separated a man and his wife. He had slandered her and he made them both swear an oath.

5008. It is related from Nafi' that Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, carried out the li'an between a man and woman of the Ansar, and he separated them.

XXXIII. Paternity of the child of a woman divorced by li'an

5009. It is related from Nafi' that Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, carried out the li'an on a man and his wife and the husband denied the paternity of her child. They were separated and the child was attached to the woman [i.e. and not to the man.]."

XXXIV. The words of the imam, "O Allah, make it clear!"

5010. It is related that Ibn al-'Abbas said, "The couple involved in a li'an were mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace. 'Asim ibn 'Adi said something about that and then left. A man from his people had come to him and mentioned that he had found a man with his wife. 'Asim said, 'I have not suffered in this except for what I said.' He took him to the Messenger of Allah, may Allah bless him and grant him peace, and he told him about how he had found his wife. That man was pale, thin, with straight hair. The man he claimed that he had found with his wife was brown skinned, with fat forearms and calves, corpulent and with very curly hair. The Prophet, may Allah bless him and grant him peace, said, 'O Allah! Make things clear!' She bore a child who looked like the man whom her husband mentioned that he had found her with. The Prophet, may Allah bless him and grant him peace, had them carry out the li'an."

A man asked Ibn 'Abbas in the gathering, "Was she the woman about whom the Prophet, may Allah bless him and grant him peace, said, 'If I were to stone someone without evidence, I would have stoned this one?'" He said, 'No, that was a woman who made a show a lewdness although she was Muslim."

XXXV. When someone divorces a woman three times and then she marries a different husband after the 'idda is over but he (the new husband) has not touched her

5011. It is related from 'A'isha from the Prophet, may Allah bless him and grant him peace ....

It is related from 'A'isha that Rifa'a al-Qurazi married a woman and then divorced her and she then married another man. She came to the Prophet, may Allah bless him and grant him peace, and mentioned to him that he did not come to her and that he was flaccid. He said, 'No, [you cannot remarry the first husband], not until you experience his sweetness and he experiences your sweetness."

XXXVI. "In the case of those of your wives who are past the age of menstruation, if you have any doubt, their waiting-period should be three months." (65:4)

Mujahid said, "If you do not know whether they menstruate or not, in the case of those who have ceased menstruating and those who have not yet menstruated, "their waiting-period should be three months." (65:4)

XXXVII. "The time for women who are pregnant is when they give birth." (65:4)

5012. It is related from Zaynab bint Abi Salama from her mother, Umm Salama, the wife of the Prophet,  may Allah bless him and grant him peace, that a woman of Aslam called Subay'a was married to a man who died while she was pregnant. Abu's-Sanabil ibn Ba'kak proposed to her but she refused to marry him. She* said, "By Allah, it is not proper for you to marry him until you have observed the last of the two periods of 'idda. About ten days later she went to the Prophet, may Allah bless him and grant him peace, and he said, "Marry."

[*One variant has "He said", referring to Abu's-Sanabil.]

5013. 'Ubaydullah ibn 'Abdullah reported that his father wrote to Ibn al-Arqam asking him to ask Subay'a al-Aslamiyya what decision the Prophet, may Allah bless him and grant him peace, had given her. She said, "He gave me the decision that when I had given birth, I could then marry."

5014. It is related from al-Miswar ibn Makhrama that Subay'a al-Aslamiyya gave birth some days after the death of her husband, and she went to the Prophet, may Allah bless him and grant him peace, and asked his permission to marry and he gave her permission and so she got married.

XXXVIII. The words of Allah Almighty, "Divorced women should wait by themselves for three menstrual cycles." (2:228)

Ibrahim [an-Nakha'i] said about a woman who married during the 'idda and had three periods while with him, that she is divorced from the first and there is no reckoning for the one after him [because the second marriage is invalid]. Az-Zuhri said that there is reckoning. This is what Sufyan preferred, i.e the verdict of az-Zuhri.

Ma'mar said, "It was asked, 'Is it a qar' (monthly period) when her menstruation comes or when her purity comes?' It is said that there is no qar' by the membrane [of the foetus) alone and when is no child in her womb." [This means that qar' are only calculated by menstrual periods and periods of purity.]

XXXIX. The story of Fatima bint Qays

The words of Allah, "And show fear of Allah, your Lord. Do not evict them from their homes, nor should they leave, unless they commit an outright indecency. Those are Allah's limits, and anyone who oversteps Allah's limits has wronged himself. You never know, it may be that after that, Allah will cause a new situation to develop." (65:1)

"Let them live where you live, according to your means. Do not put pressure on them, so as to harass them. If they are pregnant, maintain them until they give birth. If they are suckling for you, give them their wages and consult together with correctness and courtesy. But if you make things difficult for one another, another woman should do the suckling for you. He who has plenty should spend out from his plenty. But he whose provision is restricted should spend from what Allah has given him. Allah does not charge any self with more than He has given it. Allah will appoint after difficulty, ease." (65:6-7)

5015. It is related that al-Qasim ibn Muhammad and Sulayman ibn Yasar were heard to mention that Yahya ibn Sa'id ibn al-'As divorced the daughter of 'Abdu'r-Rahman ibn al-Hakam. 'Abdu'r-Rahman then moved his daughter from her house. 'A'isha, the Mother of the Believers, sent to Marwan ibn al-Hakam, the amir of Madina, "Fear Allah and return her to her house." In Sulayman's hadith, Marwan said, "'Abdu'r-Rahman ibn al-Hakam overcame me." Al-Qasim ibn Muhammad has that Marwan said, "Have you not heard of the case of Fatima bint Qays?" She said, "You have no argument in mentioning the hadith of Fatima." Marwan ibn al-Hakam said, "If you say it [that ruling about her] was because of evil, then there is enough evil between these two."

5016. It is related from al-Qasim that 'A'isha said, "What is wrong with Fatima? Does she not fear Allah?" i.e. in saying that there is no residence or maintenance (for a divorced woman).

5017. It is related from al-Qasim, "'Urwa ibn az-Zubayr said to 'A'isha, 'Have you not seen so-and-so, the daughter of al-Hakam? Her husband divorced her irrevocably and she left (the house).' She said, 'How bad is what she has done!' He said, 'Have you not heard what Fatima said?' She said, 'It is of no good to her to mention this hadith.'"

'Urwa said, "'A'isha criticised this severely and said, 'Fatima was in an isolated place and was exposed to danger. That is while the Prophet, may Allah bless him and grant him peace, gave her an allowance [to move from there]."

XL. If a divorced woman fears in her husband's house that she might be attacked or speak badly to his family

5018. It is related from 'Urwa that 'A'isha objected to Fatima doing that [i.e. moving from her husband's house].

XLI. The words of Allah Almighty, "It is not lawful for them to conceal what Allah has created in their wombs" (2:228) meaning menstruation or pregnancy

5019. It is related that 'A'isha said, "When the Messenger of Allah, may Allah bless him and grant him peace, wanted to leave Makka, he saw Safiyya at the door of her tent  looking sad. He said to her, 'What a nusiance! You will hold us up. Did you perform tawaf al-ifada on the Day of Sacrifice?' 'Yes,' she replied. He said, 'Depart then.'"

XLIII. "Their husbands have the right to take them back within that time" (2:228) during the 'idda. How one takes back a wife when he has divorced her once or twice.

5020. It is related that al-Hasan said, "Ma'qil gave his sister is marriage and (her husband) divorced her once."

5021. It is related from al-Hasan that the sister of Ma'qil ibn Yasar was married to a man who divorced her and remained away from her until her 'idda ended. Then he proposed to her and Ma'qil was angry out of pride and said, "He kept away from her when he could keep her and now he proposes to her again?" He came between him and her and so Allah revealed, "When you divorce women and they reach the end of their waiting-period, do not prevent them from marrying their first husbands ..." (2:232) The Messenger of Allah, may Allah bless him and grant him peace, summoned him and recited it to him and so he set aside his anger and obeyed the command of Allah.

5022. It is related from Nafi' that Ibn 'Umar ibn al-Khattab divorced his wife with a single divorce while she was menstruating. The Messenger of Allah, may Allah bless him and grant him peace, ordered him to take her back and keep her until she was pure and then menstruated again while with him. Then he was to wait until she was pure after that period. Then he if he wanted to divorce her, he could divorce her while she was pure before having intercourse with her. "That is the 'idda which Allah has commanded when women are divorced."

When 'Abdullah was asked about that, he said to one of them, "If you divorce her three times, then she is unlawful for you until she has married a husband other than you."

Another reported from Nafi' that Ibn 'Umar said, "Would that you had pronounced one or two divorces. The Prophet, may Allah bless him and grant him peace, commanded me to do that."

XLIII. Taking back a menstruating woman

5023. It is related that Yunus ibn Jubayr said, "I asked Ibn 'Umar and he said that Ibn 'Umar divorced his wife while she was menstruating. 'Umar asked the Prophet, may Allah bless him and grant him peace, who commanded him to take her back and then divorce her before the end of the 'idda. I asked, 'Is that considered to be a divorce?' He said, 'What would you think if he were incapacitated and foolish?'"

XLIV. A widow should mourn for four months and ten days

Az-Zuhri said, "I do not think that a widowed girl (i.e. one who has not yet reached puberty) should use perfume because she still has to observe the 'idda."

5024. It is related from Humayd ibn Nafi' that Zaynab bint Abi Salama told him these three hadiths. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father, Abu Sufyan ibn Harb, had died. Umm Habiba called for yellow scent – khaluq or something else. She put some of it on the slavegirl and then wiped it on her cheeks and said, 'By Allah, I have no need of perfume, but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not lawful for a woman who believes in Allah and the Last Day to mourn for a dead person more than three days unless it is her husband. She should mourn him for four months and ten days.'"

Zaynab said, "I visited Zaynab bint Jahsh when her brother had died. She asked for scent and put it on and then said, 'I only put on perfume because I heard the Messenger of Allah, may Allah bless him and grant him peace, say on the minbar, "It is not lawful for a woman who believes in Allah and the Last Day to mourn for a dead person more than three days unless it is her husband for whom she should mourn for four months and ten days."'"

Zaynab said, "I heard Umm Salama say, 'A woman* came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah, my daughter's husband has died and she has an eye complaint. Can she use kohl?" The Messenger of Allah, may Allah bless him and grant him peace, said "No" two or three times. Every time he said "No." Then the Messenger of Allah, may Allah bless him and grant him peace, said, "It [mourning] is only four months and ten days. In the Jahiliyya, one of you would throw a piece of dung after a year."'"

[*This was 'Atika bint Nu'aym]

Humayd said, "I asked Zaynab, 'What is meant by throwing a piece of dung after a year?' Zaynab replied, 'When a woman was widowed, she would enter a very small room [or small tent], put on her worse clothes and would not touch any perfume until a year had passed. Then an animal would be brought to her: a donkey, a sheep or a bird, and rub herself against it. Rarely did she rub herself against any animal which did not subsequently die. Then she would come out and be given a piece of dung which she would throw. Then she could resume using perfume and other things. Malik was asked what she rubbed against it and he said that she rubbed it against her skin.

XLV. Use of kohl by a woman in mourning

5025. It is related from Zaynab, the daughter of Umm Salama from her mother that a woman was widowed and they feared for her eyes and went to the Messenger of Allah, may Allah bless him and grant him peace, and asked him for permission for to use kohl. He said, "She should not use kohl. One of you would remain in the worst of her clothes or the worst room and after a year, if a dog passed by her, she would throw a piece of dung. Now (mourning) is only for four months and ten days."

Humayd said, "I heard Zaynab, the daughter of Umm Salama, reporting from Umm Habiba that the Prophet, may Allah bless him and grant him peace, said, "It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for a dead person more than three unless it is her husband. She should mourn him for four months and ten days."

5026. It is related that Umm 'Atiyya said, "We were forbidden to mourn for more than three days except for a husband."

XLVI. Use of qust* by a mourning woman when she purifies herself

5027. It is related that Umm 'Atiyya said, "We were forbidden to mourn someone for more than three days except for a husband, who is mourned for four months and ten days. We should not use kohl or perfume nor wear dyed clothes, except for 'asb garments**. We were allowed in purification when one of us had performed a ghusl after menstruation to use a bit of kust azfar. We were forbidden to follow funeral processions."

[*Qust or kust is costus, an aromatic food used for fumigation. It is also medicinal. Kust azfar is the same.

** A type of cloth from Yemen in which the yarn is tied together and dyed before being woven so that part of  the final fabric remains white and undyed.]

XLVII. A woman in mourning wearing 'asb garments

5028. It is related that Umm 'Atiyya said, "It is not lawful for a woman who believes in Allah and the Last Day to mourn for a dead person more than three days unless it is her husband. She should not use kohl or dyed clothes except for an 'asb garment."

It is related from Hafsa from Umm 'Atiyya, "The Prophet, may Allah bless him and grant him peace, forbade her to use perfume except when she first becomes pure when she can use a piece of qust and azfar."

Abu 'Abdullah [al-Bukhari] said, "Qust and kust are like kafur and qafur." Nubdha means a piece.

XLVIII. "Those of you who die leaving wives behind: they should wait by themselves for four months and ten nights. When their waiting-period comes to an end, you are not to blame for anything they do with themselves with correctness and courtesy. Allah is aware of everything you do." (2:234)

5029. It is related about "Those of you who die leaving wives behind" that Mujahid said, "This was the 'idda which she was obliged to spend in the house of her husband. Allah had revealed, 'Those of you who die leaving wives behind should make a bequest to their wives of maintenance for a year without having to leave their homes. But if they do leave you are not to blame for anything they do with themselves with correctness and courtesy.' (2:240) Allah allowed her to complete the year with seven months and twenty days as a bequest. If she wished, she could stay according to her bequest, and if she wished, she could leave as stated by Allah, 'without having to leave their homes. But if they do leave you are not to blame.' The 'idda is as has been obliged on her." He claimed that Mujahid said that.

It is reported that Ibn 'Abbas said, "This ayat abrogated her 'idda with her husband's household and she does the 'idda wherever she wishes. Allah says, "without having to leave their homes'." 'Ata' said, "If she wished, she could do the 'idda with her husband's house and live according to his bequest. If she wished, she could leave by the words of Allah, 'you are not to blame for anything they do with themselvess.'" 'Ata' said, "Then inheritance came [in the Qur'an] and residence was abrogated, and so she does the 'idda wherever she wishes and is not entitled to residence."

5030. It is related by Zaynab, the daughter of Umm Salama, that when Umm Habiba bint Abi Sufyan was informed about her father's death, she called for perfume and rubbed it on her arms, saying, "I have no need of perfume where it not that I heard the Prophet, may Allah bless him and grant him peace, say, 'It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for a dead person more than three unless it is her husband. She should mourn him for four months and ten days.'"

XLIX. The prices of prostitutes and invalid marriage

Al-Hasan said, "When someone marries a woman forbidden by lineage while he is not unaware of that, they are separated and she has what she took (as a dower) and nothing else. Then he said after that, "She takes her dower."

5031. It is related that Abu Mas'ud said, "The Prophet, may Allah bless him and grant him peace, forbade the price of a dog, the fee of a soothsayer and the price of prostitutes."

5032. It is related that Abu Juhayfa said, "The Prophet, may Allah bless him and grant him peace, cursed women who tattoo and women who are tattooed, those who take usury and those who pay it, and he forbade the price for dogs and the earnings of prostitutes and cursed those who make images."

5033. It is related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, forbade the earnings of slavegirls [from prostitution].

L. The dower of a woman whose marriage is consummated, and how one goes in to her,  and what happens if he divorces her before consummation and touching

5034. It is related that Sa'id ibn Jubayr said, "I asked Ibn 'Umar, 'What if a man slanders his wife?' He answered, 'The Prophet, may Allah bless him and grant him peace, separated the couple of the Banu'l-'Ajlan and said, 'Allah knows that one of you is lying. Will one of you repent?' They both refused. He said again, 'Allah knows that one of you is lying. Will one of you repent?' They both refused. So he separated them."

Ayyub said, "'Amr ibn Dinar said to me, 'There is something else in the hadith which I do not see you recount. The man said, 'And my money?' It was said, 'You have no money. If you spoke the truth, you consummated the marriage with her. If you lie, it is even further from you.'"

LI. There is a gift for a woman for whom a dower has not been determined

By the words of the Almighty, "There is nothing wrong in your divorcing women before you have touched them or allotted them a dowry. But give them a gift – he who is wealthy according to his means and he who is less well off according to his means – a gift to be given with correctness and courtesy: a duty for all good-doers. If you divorce them before you have touched them but have already allotted them a dowry, they should have half the amount you allotted, unless they forgo it or the one in charge of the marriage contract forgoes it. To forgo it is closer to being godfearing. Do not forget to show generosity to one another. Allah sees everything you do." (2:236-237)

And His words, "Divorced women should receive maintenance given with correctness and courtesy: a duty for all godfearing people. Thus does Allah make His Signs clear to you, so that perhaps you will use your intellect." (2:241-242)

The Prophet, may Allah bless him and grant him peace, did not mention a gift for the woman divorced by a li'an when her husband divorced her.

5030. It is related from Sa'id ibn Jubayr from Ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said to the couple involved in the li'an, "Your reckoning is up to Allah. One of you is lying, and you have no way against the woman." He asked, "And my money?" He said, "You have no money. If you spoke the truth about her, it was for her private parts becoming lawful for you. If you lied about her, then that is even further from you."