21. Divorce



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1 Ibn 'Umar reported, The Prophet, peace and blessings of Allāh be on him, said

"With Allāh, the most detestable of all things permitted is divorce."

(AD. 13:1)

2 Thaubān said, The Messenger of Allāh, peace and blessings of Allāh be on him, said:

"Whatever woman asks for divorce from her husband without any harm, the sweet odour of paradise shall be forbidden to her."

(Ah. 5, 277.)

3 Ibn 'Abbās reported, The wife of Thābit Ibn Qais came to the Prophet, peace and blessings of Allāh be on him, and said, O Messenger of Allāh! I do not find fault in Thābit ibn Qais regarding his morals or faith, but I hate disbelief in Islām. The Messenger of Allāh, peace and blessings of Allāh be on him, said: "Wilt thou return to him his orchard?" She said, Yes. So the Messenger of Allāh, peace and blessings of Allāh be on him, said (to Thābit): "Accept the orchard and divorce her."3

(B. 68:12.)


4 Ibn 'Umar reported, He divorced his wife while she was menstruating. 'Umar mentioned this to the Messenger of Allāh, peace and blessings of Allāh be on him, so the Messenger of Allāh, peace and blessings of Allāh be on him, became displeased on account of this and said:

"He should take her back, then keep her until she is clean, then menstruates and (again) becomes clean, if it then appears to him that he should divorce her, he should divorce her while she is in a clean condition before he approaches her. This is the 'iddah as Allāh has commanded it."4

(B. 65:65.)

5 Ibn 'Abbās said, The (procedure of) divorce in the time of the Messenger of Allāh, peace and blessings of Allāh be on him, in that of Abū Bakr and for two years in the caliphate of 'Umar ibn al-Khattāb, was that divorce uttered thrice (on one occasion) was considered as one divorce. Then 'Umar said, People have made haste in a matter in which there was moderation for them; so we may make it take effect with regard to them. So he made it take effect with regard to them.

(Ah. I, 314.)

6 Mahmūd ibn Labīd said, The Messenger of Allāh, peace and blessings of Allāh be on him, was informed about a man who divorced his wife, divorcing (her) three times together, so he stood up in displeasure and said:

"Is the Book of Allāh being sported with while I am in your midst?"

(Ns. 27:6.)

7 Rukānah ibn 'Abd Yazīd reported, He divorced his wife Suhaimah thrice and informed the Prophet, peace and blessings of Allāh be on him, about it and said, I call Allāh to witness that I intended only a single (divorce). The Messenger of Allāh, peace and blessings of Allāh be on him, said

"Dost thou call Allāh to witness that thou didst not intend but a single (divorce)?" He said, Yes, I call Allāh to witness that I did not intend but a single (divorce). So the Messenger of Allāh, peace and blessings of Allāh be on him, returned her back to him, and he divorced her a second time in the time of 'Umar, and a third time in the time of 'Uthmān.6

(AD. 13: 13.)

8 'Ali said, The 'Messenger of Allāh, peace and blessings of Allāh be on him, cursed the man who committed halālah and the one for whom halālah was committed.'

(Tr. 9:25)

9 Mutarrif reported, 'Imrān was asked about a man who divorced his wife, then he had intercourse with her, and he did not call in witnesses on the occasion of the divorce, nor on taking her back. 'Imrān said, Thou divorcest against the Sunnah and takest back against the Sunnah; have witnesses on the occasion of her divorce and on taking her back.8

(IM. 10:5.)

10 'Ā'ishah said, The Messenger of Allāh, peace and blessings of Allāh be on him, gave us option; so we chose Allāh and His Messenger; this was not reckoned for us as anything.9

(B. 68:5.)

11 Ibn al-Musayyab said, When a person is found missing while fighting, his wife shall wait for one year.

(B. 68:22.)

12 'Abd Allāh reported, A man from among the Ansār accused his wife of adultery; so the Prophet, peace and blessings of Allāh be on him, asked them both to take an oath, then he ordered them to be separated from each other.11

(B. 68:27.)

13 Ibn 'Umar used to say, with respect to ilā' about which Allāh has spoken,

It is not lawful for any one after the prescribed time (of four months) has passed away, except that he should either keep (the wife) in good fellowship or resolve upon divorce.

(B. 68:21.)

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