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WorldOfIslam.info - Sunan Abu-Dawud
Sunan Abu-Dawud
Book 12 -
Divorce (Kitab Al-Talaq)
Book 12, Number 2170:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: Anyone
who incites a woman against her husband or a slave against his master is not
one of us.
Book 12, Number 2172:
Narrated Muharib:
The Prophet (peace_be_upon_him) said: Allah
did not make anything lawful more abominable to Him than divorce.
Book 12, Number 2173:
Narrated Abdullah ibn Umar:
The Prophet (peace_be_upon_him) said: Of all
the lawful acts the most detestable to Allah is divorce.
Book 12, Number 2180:
Narrated Abdullah ibn Umar:
AbdurRahman ibn Ayman, the client of Urwah,
asked Ibn Umar and AbuzZubayr was was listening: What do you think if a man
divorces his wife while she is menstruating? He said: Abdullah ibn Umar
divorced his wife while she was menstruating during the time of the Apostle of
Allah (peace_be_upon_him).So Umar asked the Apostle of Allah
(peace_be_upon_him) saying: Abdullah ibn Umar divorced his wife while she was
menstruating. Abdullah said: He returned her to me and did not count it (the
pronouncement) anything. He said: When she is purified, he may divorce her or
keep her with him. Ibn Umar said: The Prophet (peace_be_upon_him) recited the
Qur'anic verse: O Prophet, when you divorce women, divorce them in the
beginning of their waiting period."
Book 12, Number 2181:
Narrated Imran ibn Husayn:
Mutarrif ibn Abdullah reported:Imran ibn
Husayn was asked about a person who divorces his wife, and then has
intercourse with her, but he does not call any witness to her divorce nor to
her restoration. He said: You divorced against the sunnah and took her back
against the sunnah. Call someone to bear witness to her divorce, and to her
return in marriage, and do not repeat it.
Book 12, Number 2182:
Narrated Abdullah ibn Abbas:
Umar ibn Mu'tab reported: AbuHasan, a client
of Banu Nawfal asked Ibn Abbas: A slave had a wife who was a slave-girl. He
divorced her by two pronouncements. Afterwards both of them were freed. Is it
permissible for him to ask her in marriage again? He said: Yes. This is a
decision given by the Apostle of Allah (peace_be_upon_him).
Book 12, Number 2183:
Narrated Abdullah ibn Abbas:
The aforesaid tradition (No. 2182) has also
been transmitted by Ali (ibn al-Mubarak) through a different chain of
narrators to the same effect.
This version adds: Ibn Abbas said: There
remained one more pronouncement of divorce for you. The Apostle of Allah
(peace_be_upon_him) took the same decision.
Book 12, Number 2184:
Narrated Aisha, Ummul Mu'minin:
The Prophet (peace_be_upon_him) said: The
divorce of a slave-woman consists in saying it twice and her waiting period is
two menstrual courses (qur') AbuAsim said: A similar tradition has been
narrated to me by Muzahir and al-Qasim on the authority of Aisha from the
Prophet (peace_be_upon_him), except that he said: And her waiting period
('iddah) is two courses.
Book 12, Number 2185:
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (peace_be_upon_him) said: There
is no divorce except in what you possess; there is no possession, there is no
sale transaction till you possess. The narrator Ibn as-Sabbah added: There is
no fulfilling a vow till you possess.
Book 12, Number 2188:
Narrated Aisha, Ummul Mu'minin:
Muhammad ibn Ubayd ibn AbuSalih who lived in
Ayliya said: I went out with Adi ibn Adi al-Kindi till we came to Mecca. He
sent me to Safiyyah daughter of Shaybah who remembered a tradition (that she
had heard) from Aisha. She said: I heard Aisha say: I heard the Apostle of
Allah (peace_be_upon_him) say: There is no divorce or emancipation in case of
constraint or duress (ghalaq).
Book 12, Number 2189:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: There
are three things which, whether undertaken seriously or in jest, are treated
as serious: Marriage, divorce and taking back a wife (after a divorce which is
not final)
Book 12, Number 2190:
Narrated Abdullah ibn Abbas:
Divorced women shall wait concerning
themselves for three monthly periods. Nor is it lawful for them to hide what
Allah hath created in their wombs. This means that if a man divorced his wife
he had the right to take her back in marriage though he had divorced her by
three pronouncements. This was then repealed (by a Qur'anic verse). Divorce is
only permissible twice.
Book 12, Number 2191:
Narrated Abdullah ibn Abbas:
Abdu Yazid, the father of Rukanah and his
brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah.
She went to the Prophet (peace_be_upon_him) and said: He is of no use to me
except that he is as useful to me as a hair; and she took a hair from her
head. So separate me from him. The Prophet (peace_be_upon_him) became furious.
He called on Rukanah and his brothers. He then said to those who were sitting
beside him. Do you see so-and-so who resembles Abdu Yazid in respect of
so-and-so; and so-and-so who resembles him in respect of so-and-so? They
replied: Yes. The Prophet (peace_be_upon_him) said to Abdu Yazid: Divorce her.
Then he did so. He said: Take your wife, the mother of Rukanah and his
brothers, back in marriage. He said: I have divorced her by three
pronouncements, Apostle of Allah. He said: I know: take her back. He then
recited the verse: "O Prophet, when you divorce women, divorce them at their
appointed periods."
Book 12, Number 2194:
Narrated Abdullah ibn Abbas:
Tawus said: AbusSahba' said to Ibn Abbas: Do
you know that a divorce by three pronouncements was made a single one during
the time of the Prophet (peace_be_upon_him), and of AbuBakr and in the early
days of the caliphate of Umar? He replied: Yes.
Book 12, Number 2198:
Narrated AbuHurayrah:
Hammad ibn Zayd said: I asked Ayyub: Do you
know anyone who narrates the tradition narrated by Al-Hasan about uttering the
words (addressing wife). "Your matter is in your hand"? He replied: No, except
something similar transmitted by Qatadah from Kathir, the client of Samurah,
from AbuSalamah on the authority of AbuHurayrah from the Prophet
(peace_be_upon_him). Ayyub said: Kathir then came to us; so I asked him (about
this matter). He replied: I never narrated it. I mentioned it to Qatadah who
said: Yes (he narrated it) but he forgot.
Book 12, Number 2202:
Narrated Rukanah ibn Abdu Yazid:
(Rukanah) divorced his wife absolutely; so he
came to the Apostle of Allah (peace_be_upon_him). He asked (him): What did you
intend? He said: A single utterance of divorce. He said: Do you swear by
Allah? He replied: I swear by Allah. He said: It stands as you intended.
Book 12, Number 2204:
Narrated Tamimah al-Hujayni:
A man said to his wife: O my younger sister!
The Apostle of Allah (peace_be_upon_him)said: Is she your sister? He (the
Prophet disliked it and prohibited saying so.
Book 12, Number 2207:
Narrated Salamah ibn Sakhr al-Bayadi:
I was a man who was more given than others to
sexual intercourse with women. When the month of Ramadan came, I feared lest I
should have intercourse with my wife, and this evil should remain with me till
the morning. So I made my wife like my mother's back to me till the end of
Ramadan. But one night when she was waiting upon me, something of her was
revealed. Suddenly I jumped upon her. When the morning came I went to my
people and informed them about this matter.
I said: Go along with me to the Apostle of
Allah (peace_be_upon_him).
They said: No, by Allah. So I went to the
Prophet (peace be upon him and informed him of the matter.
He said: Have you really committed it,
Salamah? I said: I committed it twice, Apostle of Allah. I am content with the
Commandment of Allah, the Exalted; so take a decision about me according to
what Allah has shown you.
He said: Free a slave. I said: By Him Who
sent you with truth, I do not possess a neck other than this: and I struck the
surface of my neck.
He said: Then fast two consecutive months. I
said: Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq
of dates.
I said: By Him Who sent you with truth, we
passed the night hungry; there was no food in our house.
He said: Then go to the collector of sadaqah
of Banu Zurayq; he must give it to you. Then feed sixty poor people with a
wasq of dates; and you and your family eat the remaining dates. Then I came
back to my people, and said (to them): I found with you poverty and bad
opinion; and I found with the Prophet (peace_be_upon_him) prosperity and good
opinion. He has commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is
a sub-clan of Banu Zurayq.
Book 12, Number 2208:
Narrated Khuwaylah, daughter of Malik ibn
Tha'labah:
My husband, Aws ibn as-Samit, pronounced the
words: You are like my mother. So I came to the Apostle of Allah
(peace_be_upon_him), complaining to him about my husband.
The Apostle of Allah (peace_be_upon_him)
disputed with me and said: Remain dutiful to Allah; he is your cousin.
I continued (complaining) until the Qur'anic
verse came down: "Allah hath heard the words of her who disputeth with thee
concerning her husband...." till the prescription of expiation.
He then said: He should set free a slave. She
said: He cannot afford it. He said: He should fast for two consecutive months.
She said: Apostle of Allah, he is an old man; he cannot keep fasts. He said:
He should feed sixty poor people. She said: He has nothing which he may give
in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen
sa's) was brought to him.
I said: I shall help him with another
date-basked ('araq). He said: You have done well. Go and feed sixty poor
people on his behalf, and return to your cousin. The narrator said: An araq
holds sixty sa's of dates.
Book 12, Number 2212:
Narrated Urwah:
Khawlah was the wife of Aws ibn as-Samit; he
was a man immensely given to sexual intercourse. When his desire for
intercourse was intensified, he made his wife like his mother's back. So
Allah, the Exalted, sent down Qur'anic verses relating to expiation for zihar.
Book 12, Number 2214:
Narrated Ikrimah:
A man made his wife like the back of his
mother. He then had intercourse with her before he atoned for it. He came to
the Prophet (peace_be_upon_him) and informed him of this matter. He asked
(him): What moved you to the action you have committed? He replied: I saw the
whiteness of her shins in moon light. He said: Keep away from her until you
expiate for your deed.
Book 12, Number 2218:
Narrated Thawban:
The Prophet (peace_be_upon_him) said: If any
woman asks her husband for divorce without some strong reason, the odour of
Paradise will be forbidden to her.
Book 12, Number 2219:
Narrated Habibah, daughter of Sahl
al-Ansariyyah:
Amrah, daughter of AbdurRahman ibn Sa'd ibn
Zurarah, reported on the authority of Habibah, daughter of Sahl al-Ansariyyah:
She (Habibah) was the wife of Thabit ibn Qays ibn Shimmas. The Apostle of
Allah (peace_be_upon_him) came out one morning and found Habibah by his door.
The Apostle of Allah (peace_be_upon_him)
said: Who is this? She replied: I am Habibah, daughter of Sahl. He asked: What
is your case? She replied: I and Thabit ibn Qays, referring to her husband,
cannot live together.
When Thabit ibn Qays came, the Apostle of
Allah (peace_be_upon_him) said to him: This is Habibah, daughter of Sahl, and
she has mentioned (about you) what Allah wished to mention.
Habibah said: Apostle of Allah, all that he
gave me is with me.
The Apostle of Allah (peace_be_upon_him) said
to Thabit ibn Qays: Take it from her. So he took it from her, and she lived
among her people (relatives).
Book 12, Number 2220:
Narrated Aisha, Ummul Mu'minin:
Habibah daughter of Sahl was the wife of
Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to
the Prophet (peace_be_upon_him) after morning, and complained to him against
her husband. The Prophet (peace_be_upon_him) called on Thabit ibn Qays and
said (to him): Take a part of her property and separate yourself from her. He
asked: Is that right, Apostle of Allah? He said: Yes. He said: I have given
her two gardens of mine as a dower, and they are already in her possession.
The Prophet (peace_be_upon_him) said: Take them and separate yourself from
her.
Book 12, Number 2221:
Narrated Abdullah ibn Abbas:
The wife of Thabit ibn Qays separated herself
from him for a compensation. The Prophet (peace_be_upon_him) made her waiting
period a menstrual course.
Book 12, Number 2228:
Narrated Aisha, Ummul Mu'minin:
Barirah was emancipated, and she was the wife
of Mughith, a slave of Aal AbuAhmad. The Apostle of Allah (peace_be_upon_him)
gave her choice, and said to her: If he has intercourse with you, then there
is no choice for you.
Book 12, Number 2229:
Narrated Aisha, Ummul Mu'minin:
Al-Qasim said: Aisha intended to set free two
slaves of her who were spouses. She, therefore, asked the Prophet
(peace_be_upon_him) about this matter. He commanded to begin with the man
before the woman. The narrator Nasr said: AbuAli al-Hanafi reported it to me
on the authority of Ubaydullah.
Book 12, Number 2230:
Narrated Abdullah ibn Abbas:
A man came after embracing Islam during the
time of the Apostle of Allah (peace_be_upon_him). Afterwards his wife came
after embracing Islam. He said: Apostle of Allah, she embraced Islam along
with me; so restore her to me.
Book 12, Number 2231:
Narrated Abdullah ibn Abbas:
A woman embraced Islam during the time of the
Apostle of Allah (peace_be_upon_him); she then married. Her (former) husband
then came to the Prophet (peace_be_upon_him) and said: Apostle of Allah, I
have already embraced Islam, and she had the knowledge about my Islam. The
Apostle of Allah (peace_be_upon_him) took her away from her latter husband and
restored her to her former husband.
Book 12, Number 2232:
Narrated Abdullah ibn Abbas:
The Apostle of Allah (peace_be_upon_him)
restored his daughter Zaynab to Abul'As on the basis of the previous marriage,
and he did not do anything afresh.
Book 12, Number 2233:
Narrated Al-Harith ibn Qays al-Asadi:
I embraced Islam while I had eight wives. So
I mentioned it to the Prophet (peace_be_upon_him). The Prophet
(peace_be_upon_him) said: Select four of them.
Book 12, Number 2235:
Narrated Fayruz ad-Daylami al-Yamani:
I said: Apostle of Allah, I have embraced
Islam and two sisters are my wives. He said: Divorce any one of them you wish.
Book 12, Number 2236:
Narrated Rafi' ibn Sinan:
AbdulHamid ibn Ja'far reported from his
father on the authority of his grandfather Rafi' ibn Sinan that he (Rafi' ibn
Sinan) embraced Islam and his wife refused to embrace Islam. She came to the
Prophet (peace_be_upon_him) and said: My daughter; she is weaned or about to
wean. Rafi' said: My daughter. The Prophet (peace_be_upon_him) said to him: Be
seated on a side. And he said to her: Be seated on a side. He then seated the
girl between them, and said to them: Call her. The girl inclined to her
mother. The Prophet (peace_be_upon_him) said: O Allah! guide her. The daughter
then inclined to her father, and he took her.
Book 12, Number 2247:
Narrated Abdullah ibn Abbas:
When the Prophet (peace_be_upon_him) ordered
a man and his wife to invoke curses on each other, he ordered a man to put his
hand on his mouth when he came to the fifth utterance, saying that it would be
the deciding one.
Book 12, Number 2247a:
Narrated Abdullah Ibn Abbas:
Hilal ibn Umayyah was one of three people
whose repentance was accepted by Allah. One night he returned from his land
and found a man with his wife. He witnessed with his eyes and heard with his
ears. He did not threaten him till the morning.
Next day he went to the Apostle of Allah
(peace_be_upon_him) in the morning, and said: Apostle of Allah! I came to my
wife at night and found a man with her. I saw with my own eyes and heard with
my own ears. The Apostle of Allah (peace_be_upon_him) disliked what he
described and he took it seriously.
Thereupon the following Qur'anic verse came
down: "And those who make charges against their spouses but have no witnesses
except themselves, let the testimony of one of them...."
When the Apostle of Allah (peace_be_upon_him)
came to himself (after the revelation ended), he said: Glad tidings for you,
Hilal. Allah, the Exalted, has made it easy and, a way out for you.
Hilal said: I expected that from my Lord. The
Apostle of Allah (peace_be_upon_him) said: Send for her. She then came. The
Apostle of Allah (peace_be_upon_him) recited (the verses) to them that the
punishment in the next world was more severe than that in this world.
Hilal said: I swear by Allah, I spoke the
truth against her. She said: He told a lie.
The Apostle of Allah (peace_be_upon_him)
said: Apply the method of invoking curses on each other. Hilal was told: Bear
witness. So he bore witness before Allah four times that he spoke the truth.
When he was about to utter a fifth time, he
was told: Hilal, fear Allah, for the punishment in this world is easier than
that in the next world; and this is the deciding one that will surely cause
punishment to you.
He said: I swear by Allah. Allah will not
punish me for this (act), as He did not cause me to be flogged for this (act).
So he bore witness a fifth time invoking the curse of Allah on him if he was
one of those who told lies.
Then the people said to her: Testify. So she
gave testimony before Allah that he was a liar.
When she was going to testify a fifth time,
she was told: Fear Allah, for the punishment in this world is easier than that
in the next world. This is the deciding one that will surely cause punishment
to you.
She hesitated for a moment, and then said: By
Allah, I shall not disgrace my people. So she testified a fifth time invoking
the curse of Allah on her if he spoke the truth.
The Apostle of Allah (peace_be_upon_him)
separated them from each other, and decided that the child would not be
attributed to its father. Neither she nor her child would be accused of
adultery. He who accused her or her child would be liable to punishment. He
also decided that there would be no dwelling and maintenance for her (from the
husband), as they were separated without divorce.
He then said: If she gives birth to a child
with reddish hair, light buttocks, wide belly and light shins, he will be the
child of Hilal. If she bears a dusky child with curly hair, fat limbs, fat
shins and fat buttock he will be the child of the one who was accused of
adultery. She gave birth to a dusky child with curly hair, fat limbs, fat
shins and fat buttocks.
The Apostle of Allah (peace_be_upon_him)
said: Had there been no oaths I should have dealt with her severely.
Ikrimah said: Later on he became the chief of
the tribe of Mudar. He was not attributed to his father.
Book 12, Number 2255:
Narrated AbuHurayrah:
A bedouin came to the Prophet
(peace_be_upon_him), and said: My wife has given birth to a black son, and I
disown him. He then narrated the rest of the tradition to the same effect.
Book 12, Number 2256:
Narrated AbuHurayrah:
AbuHurayrah heard the Apostle of Allah
(peace_be_upon_him) say when the verse about invoking curses came down: Any
woman who brings to her family one who does not belong to it has nothing to do
with Allah (i.e. expects no mercy from Allah), and Allah will not bring her
into His Paradise.
Allah, the Exalted, will veil Himself from
any man who disowns his child when he looks at him, and disgrace him in the
presence of all creatures, first and last.
Book 12, Number 2257:
Narrated Abdullah ibn Abbas:
The Prophet (peace_be_upon_him) said: There
is no prostitution in Islam. If anyone practised prostitution in pre-Islamic
times, the child will be attributed to the master (of the slave-woman). He who
claims his child without a valid marriage or ownership will neither inherit
nor be inherited.
Book 12, Number 2258:
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (peace_be_upon_him) decided
regarding one who was treated as a member of a family after the death of his
father, to whom he was attributed when the heirs said he was one of them, that
if he was the child of a slave-woman whom the father owned when he had
intercourse with her, he was included among those who sought his inclusion,
but received none of the inheritance which was previously divided; he,
however, received his portion of the inheritance which had not already been
divided; but if the father to whom he was attributed had disowned him, he was
not joined to the heirs.
If he was a child of a slave-woman whom the
father did not possess or of a free woman with whom he had illicit
intercourse, he was not joined to the heirs and did not inherit even if the
one to whom he was attributed is the one who claimed paternity, since he was a
child of fornication whether his mother was free or a slave.
Book 12, Number 2260:
Narrated Aisha, Ummul Mu'minin:
The Apostle of Allah (peace_be_upon_him)
entered upon me. The version of Musaddad and Ibn as-Sarh has: one day looking
pleased". The version of Uthman has: "The lines of his forehead were
realised." He said: O Aisha, are you not surprised to hear that Mujazziz
al-Mudlaji saw that Zayd and Usamah had a rug over them concerning their heads
and letting their feet appear. He said: These feet are related.
Book 12, Number 2262:
Narrated Zayd ibn Arqam:
I was sitting with the Prophet
(peace_be_upon_him). A man came from the Yemen, and said: Three men from the
people of the Yemen came to Ali, quarrelling about a child, asking him to give
a decision. They had had sexual intercourse with a woman during a single state
of purity.
He said to two of them: Give this child to
this man (the third person) with pleasure. But they (refused and) cried
loudly. Again he said to two of them: Give the child to the man (the third
person) willingly. But they (refused and) cried loudly. He then said: You are
quarrelsome partners. I shall cast lots among you; he who receives the lot,
will acquire the child, and he shall pay two-thirds of the blood-money to both
his companions. He then cast lots among them, and gave the child to the one
who received the lot. The Apostle of Allah (peace_be_upon_him) laughed so much
that his canine or molar teeth appeared.
Book 12, Number 2263:
Narrated Zayd ibn Arqam:
Three persons were brought to Ali (Allah be
pleased with him) when he was in the Yemen. They and sexual intercourse with a
woman during a single state of purity. He asked two of them: Do you
acknowledge this child for this (man)? They replied: No. He then put this
(question) to all of them. Whenever he asked two of them, they replied in the
negative. He, therefore, cast a lot among them, and attributed the child to
the one who received the lot. He imposed two-third of the blood-money (i.e.
the price of the mother) on him. This was then mentioned to the Prophet
(peace_be_upon_him) and he laughed so much that his molar teeth appeared.
Book 12, Number 2267:
Narrated Abdullah ibn Amr ibn al-'As:
A man got up and said: Apostle of Allah,
so-and-so is my son; I had illicit intercourse with his mother in the
pre-Islamic period. The Apostle of Allah (peace_be_upon_him) said: There is no
unlawful claiming of paternity in Islam. What was done in pre-Islamic times
has been annulled. The child is attributed to the one on whose bed it is born,
and the fornicator is deprived of any right.
Book 12, Number 2268:
Narrated Uthman ibn Affan:
Rabah said: My people married me to a Roman
slave-girl of theirs. I had intercourse with her, and she gave birth to a
black (male) child like me. I named it Abdullah. I again had intercourse with
her, and she gave birth to a black (male) child like me. I named it
Ubaydullah. Then a Roman slave of my people, called Yuhannah, incited her, and
spoke to her in his own unintelligible language. She gave birth to a son like
a chameleon (red).
I asked her: What is this? She replied: This
belongs to Yuhannah. We then brought the case to Uthman (for a decision). I
think Mahdi said these words. He inquired from both of them, and they
acknowledged (the facts).
He then said to them: Do you agree that I
take the decision about you, which the Apostle of Allah (peace_be_upon_him)
had taken? The Apostle of Allah (peace_be_upon_him) decided that the child was
to attributed to the one on whose bed it was born. And I think he said: He
flogged her and flogged him, for they were slaves.
Book 12, Number 2269:
Narrated Abdullah ibn Amr ibn al-'As:
A woman said: Apostle of Allah, my womb is a
vessel to this son of mine, my breasts, a water-skin for him, and my lap a
guard for him, yet his father has divorced me, and wants to take him away from
me. The Apostle of Allah (peace_be_upon_him) said: You have more right to him
as long as you do not marry.
Book 12, Number 2270:
Narrated AbuHurayrah:
Hilal ibn Usamah quoted AbuMaymunah Salma,
client of the people of Medina, as saying: While I was sitting with
AbuHurayrah, a Persian woman came to him along with a son of hers. She had
been divorced by her husband and they both claimed him.
She said: AbuHurayrah, speaking to him in
Persian, my husband wishes to take my son away.
AbuHurayrah said: Cast lots for him, saying
it to her in a foreign language.
Then her husband came and asked: Who is
disputing with me about my son?
AbuHurayrah said: O Allah, I do not say this,
except that I heard a woman who came to the Apostle of Allah
(peace_be_upon_him) while I was sitting with him, and she said: My husband
wishes to take away my son, Apostle of Allah, and he draws water for me from
the well of AbuInabah, and he has been good to me.
The Apostle of Allah (peace_be_upon_him)
said: Cast lots for him. Her husband said: Who is disputing with me about my
son? The Prophet (peace_be_upon_him) said: This is your father and this your
mother, so take whichever of them you wish by the hand. So he took his
mother's hand and she went away with him.
Book 12, Number 2271:
Narrated Ali ibn AbuTalib:
Zayd ibn Harithah went out to Mecca and
brought the daughter of Hamzah with him. Then Ja'far said: I shall take her; I
have more right to her; she is my uncle's daughter and her maternal aunt is my
wife; the maternal aunt is like mother. Ali said: I am more entitled to take
her. She is my uncle's daughter. The daughter of the Apostle of Allah
(peace_be_upon_him) is my wife, and she has more right to her. Zayd said: I
have more right to her. I went out and journeyed to her, and brought her with
me. The Prophet (peace_be_upon_him) came out.
The narrator mentioned the rest of the
tradition. He (i.e. the Prophet) said: As for the girl, I decided in favour of
Ja'far. She will live with her maternal aunt. The maternal aunt is like
mother.
Book 12, Number 2273:
Narrated Ali ibn AbuTalib:
When we came out from Mecca, Hamzah's
daughter pursued us crying: My uncle. Ali lifted her and took her by the hand.
(Addressing Fatimah he said:) Take your uncle's daughter. She then lifted her.
The narrator then transmitted the rest of the tradition. Ja'far said: She is
my uncle's daughter. Her maternal aunt is my wife. The Prophet
(peace_be_upon_him) decided in favour of her maternal aunt, and said: The
maternal aunt is like mother.
Book 12, Number 2274:
Narrated Asma bint Yazid al-Ansariyyah:
Amr ibn Muhajir reported on the authority of
his father: Asma', daughter of Yazid ibn as-Sakan al-Ansariyyah, was divorced
in the time of the Apostle of Allah (peace_be_upon_him). No waiting period was
prescribed for a divorced woman (at that time). When Asma' was divorced,
Allah, the Exalted, sent down the injunction of waiting period for divorce.
She is the first of the divorced women about whom the verse relating to
waiting period was sent down.
Book 12, Number 2275:
Narrated Abdullah ibn Abbas:
Women who are divorced shall wait, keeping
themselves apart, three monthly courses; and then said: And for such of your
women as despair of menstruation, if ye doubt, their period (of waiting) shall
be three months. This was abrogated from the former verse. Again he said: (O
ye who believe, if ye wed believing women) and divorce them before ye have
touched them, then there is no period that ye should reckon."
Book 12, Number 2276:
Narrated Umar ibn al-Khattab:
The Prophet (peace_be_upon_him) divorced
Hafsah, but he took her back in marriage.
Book 12, Number 2282:
Narrated Fatimah daughter of Qays:
AbuSalamah reported on the authority of
Fatimah daughter of Qays who said to him that she was the wife of AbuHafs ibn
al-Mughirah who divorced her by three pronouncements. She said that she came
to the Apostle of Allah (peace_be_upon_him) and sought his opinion about her
going out from her house. He commanded her to shift to (the house of )Ibn Umm
Maktum who was blind. Marwan denied to confirm the tradition of Fatimah about
the going out of a divorced woman from her house. Urwah said: Aisha objected
to Fatimah daughter of Qays.
Book 12, Number 2285:
Narrated Aisha, Ummul Mu'minin:
Urwah said: Aisha (Allah be pleased with her)
severely objected to the tradition of Fatimah daughter of Qays. She said:
Fatimah lived in a desolate house and she feared for her loneliness there.
Hence the Apostle of Allah (peace_be_upon_him) accorded permission to her (to
leave the place).
Book 12, Number 2286:
Narrated Aisha, Ummul Mu'minin:
Urwah ibn az-Zubayr said: Aisha was asked:
Did you not see (i.e. known) the statement of Fatimah? She replied: It is not
good for her to mention it (to others).
Book 12, Number 2288:
Narrated Aisha, Ummul Mu'minin:
Al-Qasim ibn Muhammad and Sulayman ibn Yasar
reported: Yahya ibn Sa'id ibn al-'As divorced the daughter of AbdurRahman ibn
al-Hakam absolutely. AbdurRahman shifted her (from there). Aisha sent a
message to Marwan ibn al-Hakam who was the governor of Medina, and said to
him: Fear Allah, and return the woman to her home. Marwan said (according to
Sulayman's version): AbdurRahman forced me. Marwan said (according to the
version of al-Qasim): Did not the case of Fatimah daughter of Qays reach you?
Aisha replied: There would be no harm to you if you did not make mention of
the tradition of Fatimah. Marwan said: If you think that it was due to some
evil (i.e. reason), then it is sufficient for you to see that there is also an
evil between the two.
Book 12, Number 2292:
Narrated Umm Salamah ; Umm Habibah ; Zaynab
bint Jahsh:
Humayd ibn Nafi' reported the following three
traditions on the authority of Zaynab, daughter of AbuSalamah:
Zaynab said: I visited Umm Habibah when her
father AbuSufyan, died. She asked for some yellow perfume containing saffron
(khaluq) or something else. Then she applied it to a girl and touched her
cheeks.
She said: I have no need of perfume, but I
heard the Apostle of Allah (peace_be_upon_him) say: It is not lawful for a
woman who believes in Allah and the Last Day to observe mourning for one who
has died, more than three nights, except for four months and ten days in the
case of a husband.
Zaynab said: I also visited Zaynab, daughter
of Jahsh, when her brother died. She asked for some perfume and used it upon
herself.
She then said: I have no need of perfume, but
I heard the Apostle of Allah (peace_be_upon_him) say when he was on the
pulpit: It is not lawful for a woman who believes in Allah and the Last Day to
observe mourning for one who has died, more than three nights, except for four
months and ten days in the case of a husband.
Zaynab said: I heard my mother, Umm Salamah,
say: A woman came to the Apostle of Allah (peace_be_upon_him) and said:
Apostle of Allah, the husband of my daughter has died, and she is suffering
from sore eyes; may we put antimony in her eyes?
The Apostle of Allah (peace_be_upon_him)
said: No. He said this twice or thrice. Each time he said: No. The Apostle of
Allah (peace_be_upon_him) said: The waiting period is now four months and ten
days. In pre-Islamic days one of you used to throw away a piece of dung at the
end of a year.
Humayd said: I asked Zaynab: What do you mean
by throwing away a piece of dung at the end of a year.
Zaynab replied: When the husband of a woman
died, she entered a small cell and put on shabby clothes, not touching perfume
or any other thing until a year passed. Then an animal such as donkey or sheep
or bird was provided for her. She rubbed herself with it. The animal with
which she rubbed herself rarely survived. She then came out and was given a
piece of dung which she threw away. She then used perfume or something else
which she desired.
Book 12, Number 2293:
Narrated Furay'ah, daughter of Malik ibn
Sinan:
Zaynab, daughter of Ka'b ibn Ujrah narrated
that Furay'ah daughter of Malik ibn Sinan, told her that she came to the
Apostle of Allah (peace_be_upon_him) and asked him whether she could return to
her people, Banu Khidrah, for her husband went out seeking his slaves who ran
away. When they met him at al-Qudum, they murdered him.
So I asked the Apostle of Allah
(peace_be_upon_him): "Should I return to my people, for he did not leave any
dwelling house of his own and maintenance for me?
She said: The Apostle of Allah
(peace_be_upon_him) replied: Yes. She said: I came out, and when I was in the
apartment or in the mosque, he called for me, or he commanded (someone to call
me) and, therefore, I was called.
He said: what did you say? So I repeated my
story which I had already mentioned about my husband. Thereupon he said: Stay
in your house till the term lapses. She said:
So I passed my waiting period in it (her
house) for four months and ten days. When Uthman ibn Affan became caliph, he
sent for me and asked me about that; so I informed him, and he followed it and
decided cases accordingly.
Book 12, Number 2297:
Narrated Umm Salamah, Ummul Mu'minin:
The Prophet (peace_be_upon_him) said: A woman
whose husband has died must not wear clothes dyed with safflower (usfur) or
with red ochre (mishq) and ornaments. She must not apply henna and collyrium.
Book 12, Number 2298:
Narrated Umm Salamah, Ummul Mu'minin:
Umm Hakim, daughter of Usayd, reported on the
authority of her mother that her husband died and she was suffering from sore
eyes. She therefore applied collyrium (jala'). Ahmad said: The correct version
is "glittering collyrium (kuhl al-jala'). She sent her slave-girl to Umm
Salamah, and she asked her about the use of glittering collyrium (kuhl
al-jala').
She said: Do not apply it except in the case
of dire need which is troubling you. In that case you can use it at night, but
you should remove it in the daytime. Then Umm Salamah said: The Apostle of
Allah (peace_be_upon_him) came to visit me when AbuSalamah died, and I had put
the juice of aloes in my eye.
He asked : What is this, Umm Salamah? I
replied: It is only the juice of aloes and contains no perfume. He said: It
gives the face a glow, so apply it only at night and remove it in daytime, and
do not comb yourself with scent or henna, for it is a dye. I asked: What
should I use when I comb myself, Apostle of Allah? He said: Use lote-tree
leaves and smear your head copiously with them.
Book 12, Number 2300:
Narrated Abdullah ibn Mas'ud:
I can invoke the curse of Allah on anyone who
wishes: The smaller surat an-Nisa (i.e. Surat at-Talaq) was revealed after the
verse regarding the waiting period of four months and ten days had been
revealed.
Book 12, Number 2301:
Narrated Amr ibn al-'As:
Do not confuse us about his Sunnah. Ibn
al-Muthanna said: The Sunnah of our Prophet (peace_be_upon_him) is that the
waiting period of a slave-mother whose husband has died is four months and ten
days.
Book 12, Number 2302:
Narrated Aisha, Ummul Mu'minin:
The Apostle of Allah (peace_be_upon_him) was
asked about a man who divorced his wife three times, and she married another
who entered upon her, but divorced her before having intercourse with her,
whether she was lawful for the former husband. She said: The Prophet
(peace_be_upon_him) replied: She is not lawful for the first (husband) until
she tastes the honey of the other husband and he tastes her honey.
Book 12, Number 2304:
Narrated Jabir ibn Abdullah:
Musaykah, a slave-girl of some Ansari, came
and said: My master forces me to commit fornication. Thereupon the following
verse was revealed: "But force not your maids to prostitution (when they
desire chastity)."
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