In The Name Of Allah Most
Gracious Most Merciful
Assalaamu alaykum wa
rahmatuallahi wa barakatuhu
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.
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."
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.' "
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."
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.
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)
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).
( سورة المجادلة , 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.
( سورة المجادلة , Al-Mujadila, Chapter #58, Verse #3)
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.
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
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."
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).
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?
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.
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).
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 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 (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)
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.:
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.