Bismillah Hir Rahmaan Nir Raheem
Assalaamu alaykum wa rahmatuallahi wa barakatuhu
*About Divorce*
Allah Detest Divorce Most
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 2173 Narrated Abdullah
ibn Umar:
The Prophet (peace_be_upon_him) said: Of all the lawful acts the most
detestable to Allah is divorce.
Four Months Abstention
226 For those who take an oath for abstention from their wives, a waiting
for four months is ordained; if then they return, Allah is Oft-forgiving,
Most Merciful.
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 213 Narrated Nafi:
Ibn 'Umar used to say about the Ila (which Allah defined (in the Holy Book),
"If the period of Ila expires, then the husband has either to retain his
wife in a handsome manner or to divorce her as Allah has ordered." Ibn 'Umar
added, "When the period of four months has expired, the husband should be
put in prison so that he should divorce his wife, but the divorce does not
occur unless the husband himself declares it. This has been mentioned by
'Uthman, 'Ali, Abu Ad-Darda, 'Aisha and twelve other companions of the
Prophet ."
2:227 But if their intention is firm for divorce, Allah heareth and knoweth
all things.
Divorce Malik :: Book 29 : Hadith 29.5.19
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam
decided about a man who had made a vow to abstain from intercourse with his
wife, that when four months had passed, it was a divorce and he could return
to her as long as she was in her idda.
Malik added, "That was also the opinion of Ibn Shihab."
Malik said that if a man made a vow to abstain from intercourse with his
wife and at the end of four months he declared his intent to continue to
abstain, he was divorced. He could go back to his wife, but if he did not
have intercourse with her before the end of her idda, he had no access to
her and he could not go back to her unless he had an excuse - illness,
imprisonment, or a similar excuse. His return to her maintained her as his
wife. If her idda passed and then he married her after that and did not have
intercourse with her until four months had passed and he declared his intent
to continue to abstain, divorce was applied to him by the first vow. If four
months passed, and he had not returned to her, he had no idda against her
nor access because he had married her and then divorced her before touching
her.
Malik said that a man who made a vow to abstain from intercourse with his
wife and continued to abstain after four months and so divorced her, but
then returned and did not touch her and four months were completed before
her idda was completed, did not have to declare his intent and divorce did
not befall him. If he had intercourse with her before the end of her idda,
he was entitled to her. If her idda passed before he had intercourse with
her, he had no access to her. This is what Malik preferred of what he had
heard on the subject.
Malik said that if a man made a vow to abstain from intercourse with his
wife and then divorced her, and the four months of the vow were completed
before completion of the idda of the divorce, it counted as two
pronouncements of divorce. If he declared his intention to continue to
abstain and the idda of the divorce finished before the four months the vow
of abstention was not a divorce. That was because the four months had passed
and she was not his on that day. Malik said, "If someone makes a vow not to
have intercourse with his wife for a day or a month and then waits until
more than four months have passed, it is not ila. Ila only applies to
someone who vows more than four months. As for the one who vows not to have
intercourse with his wife for four months or less than that, I do not think
that it is ila because when the term enters into it at which it stops, he
comes out of his oath and he does not have to declare his intention."
Malik said, "If someone vows to his wife not to have intercourse with her
until her child has been weaned, that is not ila. I have heard that Ali ibn
Abi Talib was asked about that and he did not think that it was ila."
2:228 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, if they have faith in Allah and the Last Day. And their husbands have
the better right to take them back in that period, if they wish for
reconciliation. And women shall have rights similar to the rights against
them, according to what is equitable; but men have a degree (of advantage)
over them. And Allah is Exalted in Power, Wise.
2:229 *A divorce is only permissible twice: after that, the parties should
either hold Together on equitable terms, or separate with kindness*. It is
not lawful for you, (Men), to take back any of your gifts (from your wives),
except when both parties fear that they would be unable to keep the limits
ordained by Allah. If ye (judges) do indeed fear that they would be unable
to keep the limits ordained by Allah, there is no blame on either of them if
she give something for her freedom. These are the limits ordained by Allah.
so do not transgress them if any do transgress the limits ordained by Allah,
such persons wrong (Themselves as well as others).
Divorce Malik :: Book 29 : Hadith 29.28.80
Yahya related to me from Malik from Hisham ibn Urwa that his father said,
"It used to be that a man would divorce his wife and then return to her
before her idda was over, and that was alright, even if he divorced her a
thousand times. The man went to his wife and then divorced her and when the
end of her idda was in sight, he took her back and then divorced her and
said, 'No! By Allah, I will not go to you and you will never be able to
marry again.' Allah, the Blessed, the Exalted, sent down, 'Divorce is twice,
then honourable retention or setting free kindly.' People then turned
towards divorce in a new light from that day whether or not they were
divorced or not divorced."
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 198 Narrated 'Ikrima:
The sister of 'Abdullah bin Ubai narrated (the above narration, 197) with
the addition that the Prophet said to Thabit's wife, "Will you return his
garden?" She said, "Yes," and returned it, and (then) the Prophet ordered
Thabit to divorce her. Narrated Ibn 'Abbas: The wife of Thabit bin Qais came
to Allah's Apostle and said, "O Allah's Apostle! I do not blame Thabit for
any defects in his character or his religion, but I cannot endure to live
with him." On that Allah's Apostle said, "Will you return his garden to
him?" She said, "Yes."
Divorce Malik :: Book 29 : Hadith 29.10.32
Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi
Ubayd that she gave all that she possessed to her husband as compensation
for her divorce from him, and Abdullah ibn Umar did not disapprove of that.
Malik said that divorce was ratified for a woman who ransomed herself from
her husband, when it was known that her husband was detrimental to her and
was oppressive for her, and it was known that he wronged her, and he had to
return her property to her. Malik added, "This is what I have heard, and it
is what is done among us."
Malik said, "There is no harm if a woman ransoms herself from her husband
for more than he gave her."
Divorce Malik :: Book 29 : Hadith 29.20.60
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab
and Ibn Shihab and Sulayman ibn Yasar all said, "The idda of the woman with
a khul divorce is three periods."
After A Husband Divorces Her He Cannot Remarry her Until She Marries Another
Man And He Divorces Her
2:230 So if a husband divorces his wife (irrevocably), He cannot, after
that, re-marry her until after she has married another husband and He has
divorced her. In that case there is no blame on either of them if they
re-unite, provided they feel that they can keep the limits ordained by
Allah. Such are the limits ordained by Allah, which He makes plain to those
who understand.
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 190 Narrated 'Aisha:
A man divorced his wife and she married another man who proved to be
impotent and divorced her. She could not get her satisfaction from him, and
after a while he divorced her. Then she came to the Prophet and said, "O
Allah's Apostle! My first husband divorced me and then I married another man
who entered upon me to consummate his marriage but he proved to be impotent
and did not approach me except once during which he benefited nothing from
me. Can I remarry my first husband in this case?" Allah's Apostle said, "It
is unlawful to marry your first husband till the other husband consummates
his marriage with you."
2:231 When ye divorce women, and they fulfil the term of their ('Iddat),
either take them back on equitable terms or set them free on equitable
terms; but do not take them back to injure them, (or) to take undue
advantage; if any one does that; He wrongs his own soul. Do not treat
Allah.s Signs as a jest, but solemnly rehearse Allah.s favours on you, and
the fact that He sent down to you the Book and Wisdom, for your instruction.
And fear Allah, and know that Allah is well acquainted with all things.
Divorce Malik :: Book 29 : Hadith 29.28.81
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Allah, the
Blessed, the Exalted, sent down about a man who divorced his wife and then
returned to her while he had no need of her and did not mean to keep her so
as to make the idda period long for her by that in order to do her harm, "Do
not retain them by force, to transgress. Whoever does that has wronged
himself." (Sura 2 ayat 231). Allah warns them by that ayat.
2:232 When ye divorce women, and they fulfil the term of their ('Iddat), do
not prevent them from marrying their (former) husbands, if they mutually
agree on equitable terms. This instruction is for all amongst you, who
believe in Allah and the Last Day. That is (the course Making for) most
virtue and purity amongst you and Allah knows, and ye know not.
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 248 Narrated Al-Hasan:
The sister of Ma'qil bin Yasar was married to a man and then that man
divorced her and remained away from her till her period of the 'Iddah
expired. Then he demanded for her hand in marriage, but Ma'qil got angry out
of pride and haughtiness and said, "He kept away from her when he could
still retain her, and now he demands her hand again?" So Ma'qil disagreed to
remarry her to him. Then Allah revealed: 'When you have divorced women and
they have fulfilled the term of their prescribed period, do not prevent them
from marrying their (former) husbands.' (2.232) So the Prophet sent for
Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up
his pride and haughtiness and yielded to Allah's order.
**Note:All the three divorces were not pronounced,that is why he wished to
re-marry her.*
2:236 There is no blame on you if ye divorce women before consummation or
the fixation of their dower; but bestow on them (A suitable gift), the
wealthy according to his means, and the poor according to his means;- A gift
of a reasonable amount is due from those who wish to do the right thing.
2:237 And if ye divorce them before consummation, but after the fixation of
a dower for them, then the half of the dower (Is due to them), unless they
remit it or (the man's half) is remitted by him in whose hands is the
marriage tie; and the remission (of the man's half) is the nearest to
righteousness. And do not forget Liberality between yourselves. For Allah
sees well all that ye do.
Divorce Malik :: Book 29 : Hadith 29.14.37
Yahya related to me from Malik from Ibn Shihab from Muhammad ibn Abd
ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man
divorced his wife three times before he had consummated the marriage, and
then it seemed good to him to marry her. Therefore, he wanted an opinion,
and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf
about it, and they said, 'We do not think that you should marry her until
she has married another husband.' He protested that his divorcing her had
been only once. Ibn Abbas said, 'You threw away what you had of blessing.' "
Maintenance
2:241 For divorced women Maintenance (should be provided) on a reasonable
(scale). This is a duty on the righteous.
Divorce Malik :: Book 29 : Hadith 29.16.45
Yahya related to me from Malik that he had heard that Abd ar-Rahman ibn Awf
divorced his wife, and gave her compensation in the form of a slave-girl.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Every
divorced woman has compensation except for the one who is divorced and is
allocated a bride-price and has not been touched. She has half of what was
allocated to her."
Divorce Malik :: Book 29 : Hadith 29.21.66
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab
was asked who was obliged to pay the rent for a woman whose husband divorced
her while she was in a leased house. Said ibn al-Musayyab said, "Her husband
is obliged to pay it." Someone asked, "what if her husband does not have
it?" He said, "Then she must pay it." Someone asked, "And if she does not
have it?" He said, "Then the Amir must pay it."
Divorce
Malik :: Book 29 : Hadith 29.22.68
Yahya related to me from Malik that he heard Ibn Shihab say, "The woman who
is absolutely divorced does not leave her house until she is free to
remarry. She has no maintenance unless she is pregnant. In that circumstance
the husband spends on her until she gives birth."
Malik said, "This is what is done among us."
Divorce At Prescribed Periods
65:1 O Prophet! When ye do divorce women, divorce them at their prescribed
periods, and count (accurately), their prescribed periods: And fear Allah
your Lord: and turn them not out of their houses, nor shall they
(themselves) leave, except in case they are guilty of some open lewdness,
those are limits set by Allah. and any who transgresses the limits of Allah,
does verily wrong his (own) soul: thou knowest not if perchance Allah will
bring about thereafter some new situation.
Divorce Malik :: Book 29 : Hadith 29.28.79
Yahya related to me from Malik that Abdullah ibn Dinar said, "I heard
Abdullah ibn Umar recite from the Qur'an, 'Prophet! When you divorce women,
divorce them at the beginning of their idda.'"
Malik said, "He meant by that, to make one pronouncement of divorce at the
beginning of each period of purity."
65:2 Thus when they fulfil their term appointed, either take them back on
equitable terms or part with them on equitable terms; and take for witness
two persons from among you, endued with justice, and establish the evidence
(as) before Allah. Such is the admonition given to him who believes in Allah
and the Last Day. And for those who fear Allah, He (ever) prepares a way
out,
3 And He provides for him from (sources) he never could imagine. And if any
one puts his trust in Allah, sufficient is ((Allah)) for him. For Allah will
surely accomplish his purpose: verily, for all things has Allah appointed a
due proportion.
4 Such of your women as have passed the age of monthly courses, for them the
prescribed period, if ye have any doubts, is three months, and for those who
have no courses (it is the same): for those who carry (life within their
wombs), their period is until they deliver their burdens: and for those who
fear Allah, He will make their path easy.
5 That is the Command of Allah, which He has sent down to you: and if any
one fears Allah, He will remove his ills, from him, and will enlarge his
reward.
6 Let the women live (in 'iddat) in the same style as ye live, according to
your means: Annoy them not, so as to restrict them. And if they carry (life
in their wombs), then spend (your substance) on them until they deliver
their burden: and if they suckle your (offspring), give them their
recompense: and take mutual counsel together, according to what is just and
reasonable. And if ye find yourselves in difficulties, let another woman
suckle (the child) on the (father's) behalf.
7 Let the man of means spend according to his means: and the man whose
resources are restricted, let him spend according to what Allah has given
him. Allah puts no burden on any person beyond what He has given him. After
a difficulty, Allah will soon grant relief.
Settlement
4: 128. And if a woman fears cruelty or desertion on her husband's part,
there is no sin on them both if they make terms of peace between themselves;
and making peace is better. And human inner-selves are swayed by greed. But
if you do good and keep away from evil, verily, Allâh is Ever
WellAcquainted with what you do.
The Book of Commentary (Kitab Al-Tafsir) Muslim :: Book 43 : Hadith 7165
'A'isha said in connection with the verse:" And if a woman has reason to
fear ill-treatment from her husband or that he might turn away from her"
(iv. 128) that it was revealed in case of a woman who had long association
with a person (as his wife) and now he intends to divorce her and she says:
Do not divorce me, but retain me (as wife in your house) and you are
permitted to live with another wife. It is in this context that this verse
was revealed.
Wedlock, Marriage (Nikaah) Bukhari :: Book 7 :: Volume 62 :: Hadith 134
Narrated Aisha:
regarding the Verse: 'If a wife fears cruelty or desertion on her husband's
part ...') (4.128) It concerns the woman whose husband does not want to keep
her with him any longer, but wants to divorce her and marry some other lady,
so she says to him: 'Keep me and do not divorce me, and then marry another
woman, and you may neither spend on me, nor sleep with me.' This is
indicated by the Statement of Allah: 'There is no blame on them if they
arrange an amicable settlement between them both, and (such) settlement is
better." (4.128)
Zihar
If any men among you divorce their wives by Zihar (calling them mothers),
they cannot be their mothers: None can be their mothers except those who
gave them birth. And in fact they use words (both) iniquitous and false: but
truly Allah is one that blots out (sins), and forgives (again and again).
( ÓæÑÉ ÇáãÌÇÏáÉ , Al-Mujadila, Chapter #58, Verse #2)
But those who divorce their wives by Zihar, then wish to go back on the
words they uttered,- (It is ordained that such a one) should free a slave
before they touch each other: Thus are ye admonished to perform: and Allah
is well-acquainted with (all) that ye do.
( ÓæÑÉ ÇáãÌÇÏáÉ , Al-Mujadila, Chapter #58, Verse #3)
Making Witnesses Is Sunnah
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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.
Instant Triple Divorce Instant Divorce Is Disliked
Al-Tirmidhi HadithHadith 3292 Narrated byMahmud ibn Labid
When Allah's Messenger (peace be upon him) was informed about a man who had
divorced his wife, declaring it three times without any interval between
them, he arose in anger and said, "Is sport being made of the Book of Allah
Who is Great and Glorious, while I am among you?" As a result a man got up
and said, "Messenger of Allah, shall I kill him?"
Nasa'i transmitted it.
*Note:Its disliked because the recommended method is one divorce each month
Instant Triple Divorce Is Valid
Mauta Imam MalikBook 029, Hadith Number 001
Section : The 'Irrevocable' Divorce.Yahya related to me from Malik that he
had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by
saying I divorce you a hundred times. What do you think my situation is?"
Ibn Abbas said to him, "She was divorced from you by three pronouncements,
and by the ninety-seven, you have mocked the ayat of Allah
Book 029, Hadith Number 002Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik that he had heard that a man came to Abdullah
ibn Masud and said, "I have divorced my wife by saying I divorce you eight
times." Ibn Masud said to him, "What have people told you?" He replied, "I
have been told that I have to part absolutely from her." Ibn Masud said,
"They have spoken the truth. A person who divorces as Allah has commanded,
Allah makes it clear for him, and a person who obscures himself in error, we
make stay by his error. So do not confuse yourselves and pull us into your
confusion. It is as they have said."
Book 029, Hadith Number 003Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm
that Umar ibn Abd al-Aziz had asked him what people said about the
'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had
clarified that it was declared only once. Umar ibn Abd al-Aziz said, "Even
if divorce had to be declared a thousand times, the 'irrevocable' would use
them all up. A person who says, 'irrevocably' has cast the furthest limit."
Book 029, Hadith Number 004Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam
decided that if someone made three pronouncements of divorce, he had
divorced his wife irrevocably.
Malik said, "That is what I like best of what I have heard on the subject."
Book 029, Hadith Number 006Section : The 'Irrevocable' Divorce.Yahya related
to me from Malik that he had heard that Ali ibn Abi Talib used to say that
if a man said to his wife, "You are haram for me," it counted as three
pronouncements of divorce.
Book 029, Hadith Number 007Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that
statements like "I cut myself off from you", or "You are abandoned", were
considered as three pronouncements of divorce.
Book 029, Hadith Number 009Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik that he heard Ibn Shihab say that if a man
said to his wife, "You are free of me, and I am free of you, "it counted as
three pronouncements of divorce as if it were an 'irrevocable' divorce.
Divorce Malik :: Book 29 : Hadith 29.1.9
Yahya related to me from Malik that he heard Ibn Shihab say that if a man
said to his wife, "You are free of me, and I am free of you, " it counted as
three pronouncements of divorce as if it were an 'irrevocable' divorce.
Malik said that if a man made any strong statement such as these to his
wife, it counted as three pronouncements of divorce for a woman whose
marriage had been consummated, or it was written as one of three for a woman
whose marriage had not been consummated, whichever the man wished. If he
said he intended only one divorce he swore to it and he became one of the
suitors because, whereas a woman whose marriage had been consummated was
made inaccessible by three pronouncements of divorce, the woman whose
marriage had not been consummated was made inaccessible by only one
pronouncement.
Malik said, "That is the best of what I have heard."
Mauta Imam MalikBook 029, Hadith Number 001
Section : The 'Irrevocable' Divorce.Yahya related to me from Malik that he
had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by
saying I divorce you a hundred times. What do you think my situation is?"
Ibn Abbas said to him, "She was divorced from you by three pronouncements,
and by the ninety-seven, you have mocked the ayat of Allah."
Instant Divorce After Lian 24:6. And for those who accuse their wives, but
have no witnesses except themselves, let the testimony of one of them be
four testimonies (i.e. testifies four times) by Allâh that he is one of
those who speak the truth. 7. And the fifth (testimony) (should be) the
invoking of the Curse of Allâh on him if he be of those who tell a lie
(against her).
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 229 Narrated Ibn Juraij:
Ibn Shihab informed me of Lian and the tradition related to it, referring to
the narration of Sahl bin Sad, the brother of Bani Sa'idi He said, "An
Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man
saw another man with his wife, should he kill him, or what should he do?' So
Allah revealed concerning his affair what is mentioned in the Holy Quran
about the affair of those involved in a case of Lian. The Prophet said,
'Allah has given His verdict regarding you and your wife.' So they carried
out Lian in the mosque while I was present there. When they had finished,
the man said, "O Allah's Apostle! If I should now keep her with me as a wife
then I have told a lie about her. Then he divorced her thrice before Allah's
Apostle ordered him, when they had finished the Lian process. So he divorced
her in front of the Prophet ." Ibn Shihab added, "After their case, it
became a tradition that a couple involved in a case of Lian should be
separated by divorce. That lady was pregnant then, and later on her son was
called by his mother's name. The tradition concerning their inheritance was
that she would be his heir and he would inherit of her property the share
Allah had prescribed for him." Ibn Shihab said that Sahl bin Sad As'Saidi
said that the Prophet said (in the above narration), "If that lady delivers
a small red child like a lizard, then the lady has spoken the truth and the
man was a liar, but if she delivers a child with black eyes and huge lips,
then her husband has spoken the truth." Then she delivered it in the shape
one would dislike (as it proved her guilty).
*One or two divorce* *With One Or Two Divorce Women Can Be Taken Back And
After Purifying She May Be Given Final Divorce* * *
Malik said, "That is the best of what I have heard on the subject."Book 009,
Hadith Number 3474Chapter : It is forbidden to divorce the woman during her
menses.Abdullah (b. 'Umar) reported that he divorced a wife of his with the
pronouncement of one divorce during the period of menstruation. Allah's
Messenger (may peace be upon him) commanded him to take her back and keep
her until she was purified, and then she entered the period of menses in his
(house) for the second time. And he should wait until she was purified of
her menses. And then if he would decide to divorce her, he should do so when
she was purified before having a sexual intercourse with her; for that was
the 'Idda which Allah had commanded for the divorce of women. Ibn Rumh in
his narration made this addition: When 'Abdullah was asked about it, he said
to one of them: If you have divorced your wife with one pronouncement or two
(then you can take her back), for Allah's Messenger (may peace be upon him)
commanded me to do it; but if you have divorced her with three
pronouncements, then she is forbidden for you until she married another
husband, and you disobeyed Allah in regard to the divorce of your wife what
He had commanded you. (Muslim said: The word "one divorce" used by laith is
good.)
Book 009, Hadith Number 3477 Chapter : It is forbidden to divorce the woman
during her menses.
Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife
during the period of menses. 'Umar (Allah be pleased with him) asked Allah's
Apostle (may peace be upon him), and he commanded him ('Abdullah b. 'Umar)
to have her back and then allow her respite until she enters the period of
the second menses, and then allow her respite until she is purified, then
divorce her (finally) before touching her (having a sexual intercourse with
her), for that is the prescribed period which Allah commanded (to be kept in
view) for divorcing the women. When Ibn 'Umar (Allah be pleased with them)
was asked about the person who divorces his wife in the state of menses, he
said: If you pronounced one divorce or two, Allah's Messenger (may peace be
upon him) had commanded him to take her back, and then allow her respite
until she enters the period of the second menses, and then allow her respite
until she is purified, and then divorce her (finally) before touching her
(having a sexual intercourse with her); and if you have pronounced (three
divorces at one and the same time) you have in fact disobeyed your Lord with
regard to what He commanded you about divorcing your wife. But she is
however (finally separated from you).
Book 009, Hadith Number 3478 Chapter : It is forbidden to divorce the woman
during her menses.
Abdullah b. 'Umar (Allah be pleased with them) reported: I divorced my wife
while she was in the state of menses. 'Umar (Allah be pleased with him) made
mention of it to Allah's Apostle (may peace be upon him) and he was enraged
and he said: Command him to take her back until she enters the second
ensuing menses other than the one in which he divorced her and in case he
deems proper to divorce her, he should pronounce divorce (finally) before
touching her (in the period) when she is purified of her menses, and that is
the prescribed period in regard to divorce as Allah has commanded. 'Abdullah
made a pronouncement of one divorce and it was counted in case of divorce.
'Abdullah took her back as Allah's Messenger (may peace be upon him) had
commanded him. A hadith like this was reported on the authority of Zuhri
with the same chain of narrators. Ibn Umar (Allah be pleased with them),
however, said: I took her back, and counted this pronouncement of divorce
(as valid) with which I divorced her.
Book 009, Hadith Number 3481Chapter : It is forbidden to divorce the woman
during her menses.
Ibn Sirin reported: One who was blameless (as a narrator) narrated to me for
twenty years that Ibn 'Umar (Allah be pleased with him) pronounced three
divorces to his wife while she was in the state of menses. He was commanded
to take her back. I neither blamed them (the narrators) nor recognised the
hadith (to be perfectly genuine) until I met Abu Ghallab Yunus b. Jubair
al-Bahili and he was very authentic, and he narrated to me that he had asked
Ibn 'Umar (Allah be pleased with there) and he narrated it to him that he
made one pronouncement of divorce to his wife as she was in the state of
menses, but he was commanded to take her back. I said: Was it counted (as
one pronouncement)?He said: Why not, was I helpless or foolish?
Three As One In A Single Breath Had To Be Proven The Intention By Swearing
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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.
Three Talaq at once were considered three ex-Rasoolullah salala lahu alaihi
wa sallam asked Rukhana whether he intended one or three. Rukhana had to
prove his intention was one talaq with oath.
>From the above two ways are clear
1.either intend three and utter three at once
2.Intend one and utter one and emphasise the first one with other two
talaaq.
EXPLAINING THE POINT 2.
In the period Rasoolullah salala lahu alaihi wa sallam and in the period of
Abu Bakr Siddiq (radi Allahu anhu), people used to divorce in the following
way by uttering "I give you Talaaq, Talaaq, Talaaq". They used to emphasize
the first Talaaq with the last two words of Talaaq.The last two Talaaq were
uttered just to emphasise the first one.
the below hadith is about point 2.
"Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement)
of three divorces during the lifetime of Allah's Messenger (may peace be
upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah
be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be
pleased with him) said: Verily the people have begun to hasten in the matter
in which they are required to observe respite. So if we had imposed this
upon them, and he imposed it upon them. (Muslim Book #009, Hadith #3491)"
During the period of Umar (radi Allahu anhu),people hurried in giving
Talaaq.
They just uttered three talaaq.Umar r.a said these three will be considered
three.
Note:
1 Whoever after this wants to give talaq with the intention of one talaq
they should utter only one talaq.
2 If they want to give three talaq then they sould utter three talaq.
3.The concept of taking oath to prove intention also ended.
*later As Final Law*
* *
Book 009, Hadith Number 3493Chapter : Pronouncement of three divorces.Abu
al-Sahba' said to Ibn 'Abbas: Enlighten us with your information whether the
three divorces (pronounced at one and the same time) were not treated as one
during the lifetime of Allah's Messenger (may peace be upon him) and Abu
Bakr. He said: It was in fact so, but when during the caliphate of 'Umar
(Allah be pleased with him) people began to pronounce divorce frequently, he
allowed them to do so (to treat pronouncements of three divorces in a single
breath as one).
Sahih MuslimBook 009, Hadith Number 3492Chapter : Pronouncement of three
divorces.Abu Sahba' said to Ibn 'Abbas (Allah be pleased with them): Do you
know that three (divorces) were treated as one during the lifetime of
Allah's Apostle (may peace be upon him), and that of Abu Bakr, and during
three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn
Abbas (Allah be pleased with them) said: Yes.
Sahih Muslim Book 009, Hadith Number 3492 Chapter : Pronouncement of three
divorces.
Abu Sahba' said to Ibn 'Abbas (Allah be pleased with them): Do you know that
three (divorces) were treated as one during the lifetime of Allah's Apostle
(may peace be upon him), and that of Abu Bakr, and during three (years) of
the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be
pleased with them) said: Yes.
* *
*Note:Any case of Instant divorce in one breath ,its intention being not the
absolute divorce[final divorce] was to be proven by swearing,since people
started making haste in divorcing in single breath ,Umar.ra did ijtihad
where by swearing was cancelled and triple divorce in single breath was
taken as final divorce. My Generation The Book Pertaining to the Merits
of the Companions (Allah Be Pleased With Them) of the Holy Prophet (May
Peace Be Upon Him) (Kitab Al-Fada'il Al-Sahabah) Muslim :: Book 31 : Hadith
6159 'A'isha reported that a person asked Allah's Apostle (may peace be upon
him) as to who amongst the people were the best. He said: Of the generation
to which I belong, then of the second generation (generation adjacent to my
generation), then of the third generation (generation adjacent to the second
generation). *Note:Umar r.a was of Prophet Muhammad salla lahu alaihi wa
sallam 's generation ,he followed this law,along with the rest of his
companions after this law was established. Pious Men Model Behavior of the
Prophet (Kitab Al-Sunnah) Dawud :: Book 40 : Hadith 4632 Narrated Sa'id ibn
Zayd: AbdurRahman ibn al-Akhnas said that when he was in the mosque, a man
mentioned Ali (may Allah be pleased with him). So Sa'id ibn Zayd got up and
said: I bear witness to the Apostle of Allah (peace_be_upon_him) that I
heard him say: Ten persons will go to Paradise: The Prophet
(peace_be_upon_him) will go to Paradise, AbuBakr will go to Paradise, Umar
will go to Paradise, Uthman will go to Paradise, Ali will go to Paradise,
Talhah will go to Paradise: az-Zubayr ibn al-Awwam will go to paradise, Sa'd
ibn Malik will go to Paradise, and AbdurRahman ibn Awf will go to Paradise.
If I wish, I can mention the tenth. The People asked: Who is he: So he kept
silence. The again asked: Who is he: He replied: He is Sa'id ibn Zayd.
*Note:The
pious Sahaba/companions agreed to his ijtihad,and during the khilafah of
Uthman r.a and Ali r.a they followed it.
Divorce If Invalid Under Compulsion
Divorce Malik :: Book 29 : Hadith 29.28.78
Yahya related to me from Malik from Thabit ibn al-Ahnaf that he married an
umm walad of Abd ar-Rahman ibn Zayd ibn al-Khattab. He said, "Abdullah ibn
Abd ar-Rahman ibn Zayd ibn al-Khattab summoned me and I went to him. I came
in upon him and there were whips and two iron fetters placed there, and two
of his slaves whom he had made to sit there. He said, 'Divorce her, or by He
by whom one swears, I will do such-and-such to you!' I said, 'It is divorce
a thousand times.' Then I left him and I saw Abdullah ibn Umar on the road
to Makka and I told him about my situation. Abdullah ibn Umar was furious,
and said, 'That is not divorce, and she is not haram for you, so return to
your home.' I was still not at ease so I went to Abdullah ibn az-Zubayr who
was the Amir of Makka at that time. I told him about my situation and what
Abdullah ibn Umar had said to me. Abdullah ibn az-Zubayr said to me, 'She is
not haram for you, so return to your home,' and he wrote to Jabir ibn
al-Aswad az-Zuhra who was the Amir of Madina and ordered him to punish
Abdullah ibn Abdar-Rahman and to have him leave me and my family alone. I
went to Madina, and Safiyya, the wife of Abdullah ibn Umar fitted out my
wife so that she could bring her to my house with the knowledge of Abdullah
ibn Umar. Then I invited Abdullah ibn Umar on the day of my wedding to the
wedding feast and he came."
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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).
Intense Anger Which Makes A Person Insane
Prophet (peace_be_upon_him) said: "There is no divorce and no freeing of
slaves when it is done by force or in a state of intense anger." -- Ibn
Maajah, 2046
*Note:The way punishment for murder becomes valid unless the murderer
becomes insane the same way divorce is vaid unless the person becomes insane
during the process
Divorce From A Drunk Man Is Valid
Divorce Malik :: Book 29 : Hadith 29.28.82
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab
and Sulayman ibn Yasar were asked about a man who divorced when he was
drunk. They said, "When a drunk man divorces, his divorce is allowed. If he
kills, he is killed for it."
Malik said, "That is what is done among us." Yahya related to me from Malik
that he had heard that Said ibn al-Musayyab said, "If a man does not find
the means to spend on his wife, they are to be separated . " Malik said,
"That is what I saw the people of knowledge in our city doing."
29.30 Idda of Widows when Pregnant
Divorce In Jest
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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)
Unuttered Divorce Is Invalid
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 194 Narrated Abu Huraira:
The Prophet said, "Allah has forgiven my followers the evil thoughts that
occur to their minds, as long as such thoughts are not put into action or
uttered." And Qatada said, "If someone divorces his wife just in his mind,
such an unuttered divorce has no effect.:
Custody Of Childern
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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.
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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.
Allah knows best.
--
Surah Isra 17 verse 80 Say: "O my Lord! let my entry be by the Gate of Truth
and Honor and likewise my exit by the Gate of Truth and Honor; and grant me
from Thy Presence an authority to aid (me)."
Ameen
Transliteration :Wa qur rabbi adkhilni mudkhala sidqiw wa akhrijni mukhraja
sidqiw wa-j'al li mil ladunka sulta_nan nasira_(n).
Al-Tirmidhi HadithHadith 2482 Narrated by AbuHurayrah (May Allah be pleased
with him)
Allah's Messenger (peace be upon him) used to say, " O Allah, grant me
benefit in what Thou hast taught me, teach me what will benefit me, and
increase my knowledge. Praise be to Allah in all circumstances. I seek
refuge in Allah from the state of those who go to Hell."
Tirmidhi and Ibn Majah transmitted it, Tirmidhi saying this is a tradition
whose isnad is gharib.
Ameen
[Non-text portions of this message have been removed]
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