Book: 9. Divorce

Chapter 1: It Is Forbidden to Divorce the Woman During Her Menses

Ibn ‘Umar (Allah be pleased with them) reported that he divorced his wife while she was menstruating during the lifetime of Allah’s Messenger (may peace be upon him). ‘Umar b. Khattib (Allah be pleased with him) asked Allah’s Messenger (may peace be upon him) about it, whereupon Allah’s Messenger (may peace be upon him) said: Command him (‘Abdullah b. ‘Umar) to take her back (and keep her) and pronounce divorce when she is purified and she again enters the period of menstruation and she is again purified (after passing the period of menses), and then if he so desires he may keep her and if he desires divorce her (finally) before touching her (without having an intercourse with her), for that is the period of waiting (‘idda) which God, the Exalted and Glorious, has commanded for the divorce of women.

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.)

Ibn Umar (Allah be pleased with them) reported: I divorced my wife during the lifetime of Allah’s Messenger (may peace be upon him) when she was in the state of menses. ‘Umar (Allah be pleased with him) made a mention of it to Allah’s Messenger (may peace be upon him), whereupon he said: Command him to take her back and leave her (in that state) until she is purified. Then (let her) enter the period of second menses, and when she is purified, then divorce her (finally) before having a sexual intercourse with her, or retain her (finally). That is the ‘Idda (the prescribed period) which Allah commanded (to be kept in view) while divorcing the women. ‘Ubaidullah reported: I said to Nafi’: What became of that divorce? (pronounced within ‘Idda) He said: It was as one which she counted.

A hadith like this has been narrated on the authority of ‘Ubaidullah, but he made no mention of the words of Ubaidullah that he said to Nafi.

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).

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.

Ibn ‘Umar (Allah be pleased with them) reported that he divorced his 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 said: Command him to take her back, then divorce her when she is pure or she is pregnant.

Ibn ‘Umar (Allah be pleased with them) reported that he divorced his wife while she was in her menses. ‘Umar (Allah be pleased with him) asked Allah’s Apostle (may peace be upon him) about that, and he said: Command him to take her back until she is pure and then she enters the second menses and then becomes pure. Then either divorce her (finally) or retain her.

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?

A hadith like this has been transmitted on the authority of Ayyub with a slight variation of words.

Ayyub reported a hadith like this with the same chain of narrators and he said: Umar (Allah be pleased with him) asked Allah’s Apostle (may peace be upon him) about it and he commanded him that he should take her back until she is divorced in the state of purity without having a sexual intercourse with her, and said: Divorce her in the beginning of her ‘Idda or her ‘Idda commences.

Yunus b. Jubair reported: I said to Ibn ‘Umar (Allah be pleased with them): A person divorced his wife while she was in the state of menses, whereupon he said: Do you know ‘Abdullah b. Umar (Allah be pleased with them), for he divorced his wife in the state of menses. ‘Umar (Allah be pleased with him) came to Allah’s Apostle (may peace be upon him) and asked him, and he (the Holy Prophet) commanded him that he should take her back, and she started her ‘Idda. I said to him: When a person divorces his wife, and she is in the state of menses, should that pronouncement of divorce be counted? He said: Why not, was he hopeless or foolish?

Ibn ‘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) came to Allah’s Apostle (may peace be upon him) and made mention of that to him, whereupon Allah’s Apostle (may peace be upon him) told that he should take her back, and when she is pure he may divorce her, if he would so wish. I (one of the narrators) said to Ibn ‘Umar (Allah be pleased with them): Did you count (this pronouncement of divorce) in her case? He said: What (after all) prevents him from doing so? Do you find him (Ibn Umar) either helpless or foolish?

Anas b. Sirin reported: I asked Ibn ‘Umar (Allah be pleased with them) about the woman whom he had divorced. He said: I divorced her while she was in the state of menses. It was mentioned to ‘Umar (Allah be pleased with him) and he then made a mention of that to Allah’s Apostle (may peace be upon him), whereupon he said: Command him to take her back and when the period of menses is over, then he may divorce her in the state of her purity. He (Ibn Umar) said: So took her back, then divorced her in her purity. I (the narrator) said: Did you count that divorce which you pronounced in the state of menses? He said: Why should I not have counted that? Was I helpless or foolish?

Anas b. Sirin reported that he had heard Ibn ‘Umar (Allah be pleased with them) as saying. I divorced my wife while she was in the state of menses. ‘Umar (Allah be pleased with him) came to Allah’s Apostle (may peace be upon him) and informed him about it, whereupon he (Allah’s Apostle) said: Command him to take her back and when she is pure, then divorce her. I said to Ibn ‘Umar (Allah be pleased with them): Did you count that pronouncement of divorce? He said: Why not? This hadith has been narrated on the authority of Shu’ba with the same chain of transmitters but with a slight variation in wording.

Ibn Tawus narrated on the authority of his father that Ibn ‘Umar (Allah be pleased with them) was asked about the person who divorced his wife in the state of menses, whereupon he said: Do you know ‘Abdullah b. Umar? He said: Yes. He said: It was he who divorced his wife in the state of menses and ‘Umar went to Allah’s Apostle (may peace be upon him) and gave him this information and he commanded him that he should take her back; and he (Abu Tawus) said: I did not hear any addition to this (hadith) from my father.

Abu Zubair reported that he heard ‘Abd al-Rahman b. Aiman (the freed slave of ‘Azza) say that he asked Ibn ‘Umar (Allah be pleased with them) and Abu Zubair heard: What is your opinion about the person who divorced his wife in the state of menses? Thereupon he said: Ibn Umar (Allah be pleased with them) divorced his wife during the lifetime of Allah’s Messenger (may peace be upon him) while she was in the state of menses. Upon this Allah’s Messenger (may peace be upon him) told him to take her back and so he took her back and he (further) said: When she is pure, then either divorce her or retain her. Ibn ‘Umar (Allah be pleased with them) said that Allah’s Apostle (may peace be upon him) then recited this verse: “O Apostle, when you divorce women, divorce them at the commencement of their prescribed period.” (ixv 1)

A hadith like this is reported on the same authority (but with this difference that the narrator) ‘Abd al-Rahman b. Aiman (was mentioned) as the freed slave of ‘Urwa (Imam Muslim said: He made a mistake who said that it was ‘Urwa; it was in fact the freed slave of ‘Azza.)

Chapter 2: Pronouncement of Three Divorces

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.

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. 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)

Chapter 3: Atonement Is Essentisl for One Who Made His Wife Unlawful for Himself Without the Intention of Divorce

Ibn Abbas (Allah be pleased with them) reported about (declaring of one’s woman) unlawful as an oath which must be atoned, and Ibn ‘Abbas said: Verily, there is in the Messenger of Allah (may peace be upon him) a model pattern for you.

Ibn Abbas (Allah be pleased with them) reported: When a man declares his wife unlawful for himself that is an oath which must be atoned, and he said: There is in the Messenger of Allah (may peace be upon him) a noble pattern for you.

‘Aisha (Allah be pleased with her) narrated that Allah’s Apostle (may peace be upon him) used to spend time with Zainab daughter of Jahsh and drank honey at her house. She (‘Aisha further) said: I and Hafsa agreed that one whom Allah’s Apostle (may peace be upon him) would visit first should say: I notice that you have an odour of the Maghafir. (gum of mimosa) He (the Holy Prophet) visited one of them and she said to him like this, whereupon he said: I have taken honey in the house of Zainab bint Jabsh and I will never do it again. It was at this (that the following verse was revealed): Why do you hold to be forbidden what Allah has made lawful for you… (up to). If you both (‘Aisha and Hafsa) turn to Allah” up to: “And when the Holy Prophet confided an information to one of his wives” (lxvi. 3). This refers to his saying: But I have taken honey.

‘Aisha (Allah be pleased with her) reported Allah’s Messenger (may peace be upon him) liked sweet (dish) and honey. After saying the afternoon prayer he used to visit his wives going close to them. So he went to Hafsa and stayed with her more than what was his usual stay. I (‘Aisha) asked about that. It was said to me: A woman of her family had sent her a small vessel of honey as a gift, and she gave to Allah’s Messenger (may peace be upon him) from that a drink. I said: By Allah, we would also contrive a device for him. I mentioned that to Sauda, and said: When he (Allah’s Apostle) would visit you and draw close to you, say to him: Allah’s Messenger, have you taken maghafir? And he would say to you: No. Then say to him: What is this odour? And Allah’s Messenger (may peace be upon him) felt it very much that unpleasant odour should emit from him. So he would say to you: Hafsa has given me a drink of honey. Then you should say to him: The honey-bees might have sucked ‘Urfut, and I would also say the same to him and Safiyya, you should also say this. So when he (the Holy Prophet) came to Sauda, she said: By Him besides whom there is no god, it was under compulsion that I had decided to state that which you told me when he would be at a little distance at the door. So when Allah’s Messenger (may peace be upon him) came near, she said: Messenger of Allah, did you eat Maghafir? He said: No. She (again) said: Then what is this odour? He said: Hafsa gave me honey to drink. She said: The honey-bee might have sucked ‘Urfut. When he came to me I told him like this. He then visited Safiyya and she also said to him like this. When he (again) visited Hafsa, she said: Messenger of Allah, should I not give you that (drink)? He said: I do not need that. Sauda said: Hallowed be Allah, by Him we have (contrived) to make that (honey) unlawful for him. I said to her: Keep quiet. This hadith has been narrated on the authority of ‘Urwa with the same chain of transmitters.

Chapter 4: Mere Giving of Option of Divorce to Women Does Not Make the Divorce Effective, but When It Is Really Intended

‘Aisha (Allah be pleased with her) reported: When the Messenger of Allah (may peace be upon him) was commanded to give option to his wives, he started it from me saying: I am going to mention to you a matter which you should not (decide) in haste until you have consulted your parents. She said that he already knew that my parents would never allow me to seek separation from him She said: Then he said: Allah, the Exalted and Glorious, said: Prophet, say to thy wives: If you desire this world’s life and its adornment, then come, I will give you a provision and allow you to depart a goodly departing; and if you desire Allah and His Messenger and the abode of the Hereafter, then Allah has prepared for the doers of good among you a great reward. She is reported to have said: About what should I consult my parents, for I desire Allah and His Messenger and the abode of the Hereafter? She (‘Aisha) said: Then all the wives of Allah’s Messenger (may peace be upon him) did as I had done.

‘Aisha (Allah be pleased with her) reported that Allah’s Messenger (may peace be upon him) sought our permission when he had a (turn to spend) a day with (one of his wives) amongst us (whereas he wanted to visit his other wives too). It was after this that this verse was revealed: “Thou mayest put off whom thou pleasest of them, and take for thee whom thou pleasest.” (xxxiii. 5) Mu’adha said to her: What did you say to Allah’s Messenger (may peace be upon him) when he sought your permission? She said: I used to say: If it had the option in this I would not have (allowed anyone) to have precedence over me.

‘Aisha reported: Allah’s Messenger (may peace be upon him) gave us the option (to get divorce) but we did not deem it as divorce.

Masruq reported: I do not mind if I give option to my wife (to get divorce) once, hundred times, or thousand times after (knowing it) that she has chosen me (and would never seek divorce). I asked ‘Aisha (Allah be pleased with her) (about it) and she said: Allah’s Messenger (may peace be upon him) gave us the option, but did it imply divorce? (It was in fact not a divorce; it is effective when women actually avail themselves of it.)

‘Aisha reported that Allah’s Messenger (may peace be upon him) gave option to his wives, but it was not a divorce.

‘Aisha (Allah be pleased with her) reported: Allah’s Messenger (may peace be upon him) gave us the option (to get divorce) and we chose him and he did not count it a divorce.

‘Aisha (Allah be pleased with her) reported: Allah’s Messenger (may peace be upon him) gave us the option (to get divorce), but me made a choice of him and he did not count anything (as divorce) in regard to us.

A hadith like this has been transmitted on the authority of ‘Aisha through another chain of narrators.

Jabir b. ‘Abdullah (Allah be pleased with them) reported: Abu Bakr (Allah be pleased with him) came and sought permission to see Allah’s Messenger (may peace be upon him). He found people sitting at his door and none amongst them had been granted permission, but it was granted to Abu Bakr and he went in. Then came ‘Umar and he sought permission and it was granted to him, and he found Allah’s Apostle (may peace be upon him) sitting sad and silent with his wives around him. He (Hadrat ‘Umar) said: I would say something which would make the Holy Prophet (may peace be upon him) laugh, so he said: Messenger of Allah, I wish you had seen (the treatment meted out to) the daughter of Khadija when you asked me some money, and I got up and slapped her on her neck. Allah’s Messenger (may peace be upon him) laughed and said: They are around me as you see, asking for extra money. Abu Bakr (Allah be pleased with him) then got up went to ‘Aisha (Allah be pleased with her) and slapped her on the neck, and ‘Umar stood up before Hafsa and slapped her saying: You ask Allah’s Messenger (may peace be upon him) which he does not possess. They said: By Allah, we do not ask Allah’s Messenger (may peace be upon him) for anything he does not possess. Then he withdrew from them for a month or for twenty-nine days. Then this verse was revealed to him: “Prophet: Say to thy wives… for a mighty reward.” (xxxiii. 28) He then went first to ‘Aisha (Allah be pleased with her) and said: I want to propound something to you, ‘Aisha, but wish no hasty reply before you consult your parents. She said: Messenger of Allah, what is that? He (the Holy Prophet) recited to her the verse, whereupon she said: Is it about you that I should consult my parents, Messenger of Allah? Nay, I choose Allah, His Messenger, and the Last Abode; but I ask you not to tell any of your wives what I have said. He replied: Not one of them will ask me without my informing her. God did not send me to be harsh, or cause harm, but He has sent me to teach and make things easy.

Chapter 5: Ila’and Keeping Away from the Wives

‘Umar b. al-Khattab (Allah be pleased with him) reported: When Allah’s Apostle (may peace be upon him) kept himself away from his wives, I entered the mosque, and found people striking the ground with pebblesand saying: Allah’s Messenger (may peace be upon him) has divorced his wives, and that was before they were commanded to observe seclusion ‘Umar said to himself: I must find this (actual position) today. So I went to ‘A’isha (Allah be pleased with her) and said (to her): Daughter of Abu Bakr, have you gone to the extent of giving trouble to Allah’s Messenger (may peace be upon him)? Thereupon she said: Son of Khattab, you have nothing to do with me, and I have nothing to do with you. You should look to your own receptacle. He (‘Umar) said: I visited Hafsa daughter of ‘Umar, and said to her: Hafsa, the (news) has reached me that you cause Allah’s Messenger (may peace be upon him) trouble. You know that Allah’s Messenger (may peace be upon him) does not love you, and had I not been (your father) he would have divorced you. (On hearing this) she wept bitterly. I said to her: Where is Allah’s Messenger (may peace be upon him)? She said: He is in the attic room. I went in and found Rabah, the servant of Allah’s Messenger (may peace be upon him), sitting on the thresholds of the window dangling his feet on the hollow wood of the date-palm with the help of which Allah’s Messenger (may peace be upon him) climbed (to the apartment) and came down. I cried: O Rabah, seek permission for me from Allah’s Messenger (may peace be upon him). Rabah cast a glance at the apartment and then looked toward me but said nothing. I again said: Rabah, seek permission for me from Allah’s Messenger (may peace be upon him). Rabah looked towards the apartment and then cast a glance at me, but said nothing. I then raised my voice and said: O Rabah, seek permission for me from Allah’s Messenger (may peace be upon him). I think that Allah’s Messenger (may peace be upon him) is under the impression that I have come for the sake of Hafsa. By Allah, if Allah’s Messenger (may peace be upon him) would command me to strike her neck, I would certainly strike her neck. I raised my voice and he pointed me to climb up (and get into his apartment). I visited Allah’s Messenger (may peace be upon him), and he was lying on a mat. I sat down and he drew up his lower garment over him and he had nothing (else) over him, and that the mat had left its marks on his sides. I looked with my eyes in the store room of Allah’s Messenger (may peace be upon him). I found only a handful of barley equal to one sa’ and an equal quantity of the leaves of Mimosa Flava placed in the (it nook of the cell, and a semi-tanned leather bag hanging (in one side), and I was moved to tears (on seeing this extremely austere living of the Holy Prophet), and he said: Ibn Khattab, what makes you weep? I said: Apostle of Allah, why should I not shed tears? This mat has left its marks on your sides and I do not see in your store room (except these few things) that I have seen; Ceasar and Closroes are leading their lives in plenty whereas you are Allah’s Messenger. His chosen one, and that is your store! He said: Ibn Khattab, aren’t you satisfied that for us (there should be the prosperity) of the Hereafter, and for them (there should be the prosperity of) this world? I said: Yes. And as I had entered I had seen the signs of anger on his face, and I therefore, said: Messenger of Allah, what trouble do you feel from your wives, and if you have divorced them, verily Allah is with you, His angels, Gabriel, Mika’il, I and Abu Bakr and the believers are with you. And seldom I talked and (which I uttered on that day) I hoped that Allah would testify to my words that I uttered. And so the verse of option (Ayat al-Takhyir) was revealed. Maybe his Lord, if he divorce you, will give him in your place wives better than you . . .” (Ixv. 5). And if you back up one another against him, then surely Allah is his Patron, and Gabriel and the righteous believers, and the angels after that are the aidera (lvi. 4). And it was ‘A’isha,daughter of Abu Bakr, and Hafsa who had prevailed upon all the wives of Allah’s Prophet (may peace be upon him) for (pressing them for mote money). I said: Messenger of Allah, have you divorced them? He said: No. I said: Messenger of Allah, I entered the mosque and found the Muslims playing with pebbles (absorbed in thought) and saying: Allah’s Messenger has divorced his wives. Should I get down and inform there that you have not divorced them? He said: Yes, if you so like. And I went on talking to him until I (found) the signs of anger disappeared on his face and (his seriousness was changed to a happy mood and as a result thereof) his face had the natural tranquillity upon it and he laughed and his teeth were the most charming (among the teeth) of all people. Then Allah’s Apostle (may peace be upon him) climbed down and I also climbed down and catching hold of the wood of the palm-tree and Allah’s Messenger (may peace be upon him) came down (with such ease) as if he was walking on the ground, not touching anything with his hand (to get support). I said: Messenger of Allah, you remained in your apartment for twenty-nine days. He said: (At times) the month consists of twenty-nine days. I stood at the door of the mosque and I called out at the top of my voice: The Messenger of Allah (may peace be upon him) has not divorced his wives (and it was on this occasion that this) verse was revealed: “And if any matter pertaining to peace or alarm comes within their ken, they broadcast it; whereas, if they would refer it to the Apostle and those who have been entrusted with authority amongst them, those of them who are engaged in obtaining intelligence would indeed know (what to do with) it” (iv 83). And it was I who understood this matter, and Allah revealed the verse pertaining to option (given to the Holy Prophet (may peace be upon him in regard to the retaining or divorcing of his wives).

What makes you weep? I said: Messenger of Allah, the Khusrau and the Ceasars (spend their lives in) the midst of (luxuries), whereas you being Allah’s Messenger (are leading your life in this poverty). Thereupon Allah’s Messenger (may peace be upon him) said: Don’t you like that they should have riches of their world, and you have the Hereafter.

Ibn Abbas (Allah be pleased with them) said: I came along with Umar until we reached Marr al-Zahran (the name of a place), and the rest of the hadith is the same as narrated by Sulaiman b. Bilal (except with) the variation (of words) that I said: (What) about these two women? He said: They were Hafsa and Umm Salama. And he made this addition: I came to the apartments and in every apartment there was (the noise) of weeping. And this addition was also made: And he (the Holy Prophet) had taken an oath of remaining away from them for a month, and when twenty-nine days had passed, he visited them.

Ibn Abbas (Allah be pleased with them) is reported to have said: I intended to ask Umar about those two ladies who had pressed for (worldly riches) during the lifetime of the Holy Prophet (may peace be upon him), and I kept waiting for one year, but found no suitable opportunity with him until I happened to accompany him to Mecca. And as he reached Marr al Zahran he went away to answer the call of nature, and he said (to me): Bring me a jug of water, and I took that to him. After having answered the call of nature, as he came back, I began to pour water (over his hands and feet), and I remembered (this event of separation of Allah’s Apostle from his wives). So I said to him: Commander of the Faithful, who are the two ladies (who had pressed the Holy Prophet [may peace be upon him] for providing comforts of life) and I had not yet finished my talk when he said: They were ‘Aisha and Hafsa.

Ibn ‘Abbas (Allah be pleased with them) reported. I had always been anxious to ask ‘Umar (Allah be pleased with him) about the two ladies amongst the wives of Allah’s Prophet (may peace be upon Him) about whom Allah, the Exalted, said: “If you both turn in repentance to Allah, then indeed your hearts are inclined (to this)” (ixvi. 4), until ‘Umar (Allah be pleased with him) set out for Hajj and I also went along with him. And as we were going along a path, ‘Umar (Allah be pleased with him) went aside and I also went aside with him with a jug (of water). He answered the call of nature, and then came to me and I poured water over his hands and he performed ablution I said: Commander of the Faithful, who are the two ladies amongst the wives of Allah’s Prophet (may peace be upon him) about whom Allah, the Exalted and Majestic, said: ‘If you both turn to Allah in repentance, then indeed your heart are inclined to it?” ‘Umar (Allah he pleased with him) said: How strange is it for you, Ibn ‘Abbas! (Zuhri said: By Allah, he disliked what he asked about, but did not keep it a secret.) He (‘Umar) said: They are Hafsa and ‘Aisha; and he then began to narrate the hadith and said: We were such people among the Quraish who dominated women, and as we reached Medina we found there people who were dominated by their women, and our women began to learn (the habits) of their women.

He further said: And my house was situated in the suburb of medina in the tribe of Banu Umayya b. Zaid. One day I became angry with my wife and she retorted upon me. I did not like that she should retort upon me. She said: You disapprove of my retorting upon you. By Allah, the wives of Allah’s Apostle (may peace be upon him) retort upon him, and one of them detaches herself from him for the day until the night. So I (‘Umar) went out and visited Hafsa and said: Do you retort upon Allah’s Messenger (may peace be upon him)? She said: Yes. I said: Does any one of you detach herself from him from the day to the night? She said: Yes. He said: She who did like it amongst you in fact failed and incurred loss. Does everyone amongst you not fear the wrath of Allah upon her due to the wrath of His Messenger (may peace be upon him), and (as a result thereof) she may perish? So do not retort upon Allah’s Messenger (may peace be upon him) and do not ask him for anything, but ask me that which you desire, (and the frank behaviour) of your companion may not mislead you, if she is more graceful and is dearer to Allah’s Messenger (may peace be upon him) than you (meaning ‘Aisha) (Allah be pleased with her). He (Hadrat ‘Umar further) said: I had a companion from the Ansar and, we used to remain in the company of the Messenger (may peace be upon him) turn by turn. He remained there for a day while I remained there on the other day, and he brought me the news about the revelation and other (matter), and I brought him (the news) like this. And we discussed that the Ghassanids were shoeing the horses in order to attack us. The companion once attended (the Apostle) and then came to me at night and knocked at my door and called me, and I came out to him, and he said: A matter of great importance has happened. I said: What is that? Have the Ghassanids come? He said: No, but even more serious and more significant than that: the Holy Prophet (may peace be upon him) has divorced his wives. I said: Hafsa has failed and has incurred loss and I feared that it would happen. When it was dawn I observed the dawn prayer and dressed myself, and then came there (in the house of the Holy Prophet) and visited Hafsa, and she was weeping. I said: Has Allah’s Messenger (may peace be upon him) divorced you (all)?She said: I do not know. He has, however, separated himself in his attic. I came to a black servant and said to him: Seek permission for ‘Umar. He went in and then came to me and said: I made mention of you to him, but he kept quiet. I then went to the pulpit and sat there, and there was a group of people sitting by it and some of them were weeping. I sat there for some time, until I was overpowered (by that very idea) which was in my mind. I then came back to the boy and said to him: Seek permission for Umar. He went in and came to me and said: I made mention of you to him but he kept quiet. I was about to turn back when the boy called me and said: Go in; permission has been granted to you. I went in and greeted Allah’s Messenger (may peace be upon him) and he was reclining against the couch of mat and it had left its marks upon his side. I said: Messenger of Allah, have you divorced your wives? He raised his head towards me and said: No. I said: Allah is the Greatest. Messenger of Allah, I wish if you had seen how we the people of Quraish had domination over women but when we came to Medina we found people whom their women dominated. So our women began to learn from their women. One day I became angry with my wife and she began to retort upon me. I did not approve that she should retort upon me. She said: You do not like that I should retort upon you, but, by Allah, the wives of Allah’s Apostle (may peace be upon him) retort upon him and any one of them separates herself from him for a day until night. I said: He who did that amongst them in fact failed and incurred loss. Does any of them feel sate from the wrath of Allah upon her due to the wrath of Allah’s Messenger (may peace be upon him), and she has certainly perished. Allah’s Messenger (may peace be upon him) smiled, I said: Messenger of Allah, I visited Hafsa and said: (The behaviour) of your companion (‘Aisha) may not mislead you, If she is more graceful than you and is dearer to Allah’s Messenger (may peace be upon him) than you. Allah’s Messenger (may peace be upon him) smiled for the second time. I said: Allah’s Messenger, way I talk to you about agreeable things? He said: Yes. I sat down and lifted my head (to see things) in the house and, by Allah, I did not see anything significant besides three hides. I said: Messenger of Allah, supplicate the Lord that He should make (life) prosperous for your Ummah as He has made plentiful for the people of Persia and Rome (in spite of the fact) that they do no, worship Allah, the Exalted and Majestic, whereupon he (Allah’s Messenger) sat up an I then said: Ibn Khattab, do you doubt that they are a nation whom their nice things have been given immediately in the life of this world. I said: Allah’s Messenger! seek pardon for me. And he (Allah’s Messenger) had taken an oath that he would not visit them for a month due to extreme annoyance with them until Allah showed His displeasure to him (Allah’s Messenger). Zuhri said: ‘Urwa informed me that ‘Aisha (Allah be pleased with her) said: When twenty-nine nights were over, Allah’s Messenger (may peace be upon him) visited me, and he began (his visit) with me. I said: Messenger of Allah, you had taken an oath that you would not visit us for a month, while you have visited after I have counted only twenty-nine (nights). Thereupon he said: The month may also be of twenty-nine (days).

He then said: ‘Aisha, I am going to talk to you about a matter, and you should not be hasty in it (and do not give your final decision) until you have consulted your parents. He then recited this verse to me: “O Prophet, say to your wives” till he reached “mighty reward.” (xxxiii. 28) ‘Aisha (Allah be pleased with her) said: By Allah, he knew that my parents would not allow me to separate from him. I said: Is there any need to consult my parents in this matter? I in fact choose Allah and His Messenger (may peace be upon him) and the abode in the Hereafter. Ma’mar said: Ayyub reported to me that ‘Aisha said: Don’t inform your wives that I have chosen you, whereupon Allah’s Apostle (may peace be upon him) said: Verily Allah has sent me as a conveyer of message, and He has not sent me as a source of hardship (to others). Qatada said: “Saghat qulubukum” means “Your hearts have inclined.”

Chapter 6: There Is No Maintenance Allowance for One Who has been Given Irrevocable Divorce

Fatima bint Qais reported that Abu ‘Amr b. Hafs divorced her absolutely when he was away from home, and he sent his agent to her with some barley. She was displeased with him and when he said: I swear by Allah that you have no claim on us, she went to Allah’s Messenger (may peace be upon him) and mentioned that to him. He said: There is no maintenance due to you from him, and he commanded her to spend the ‘Idda in the house of Umm Sharik, but then said: That is a woman whom my companions visit. So better spend this period in the house of Ibn Umm Maktum, for he is a blind man and you can put off your garments. And when the ‘Idda is over, inform me. She said: When my period of ‘Idda was over, I mentioned to him that Mu’awiya b. Abu Sufyan and Jahm had sent proposal of marriage to me, whereupon Allah’s Messenger (may peace be upon him) said: As for Abu Jahm, he does not put down his staff from his shoulder, and as for Mu’awiya, he is a poor man having no property; marry Usama b. Zaid. I objected to him, but he again said: Marry Usama; so I married him. Allah blessed there in and I was envied (by others).

Fatima bint Qais reported that her husband divorced her during the life time of Allah’s Prophet (may peace be upon him) and gave her a meagre maintenance allowance. When she saw that, she said: By Allah, I will inform Allah’s Messenger (may peace be upon him), and if maintenance allowance is due to me then I will accept that which will suffice me, and if it is not due to me, I will not accept anything from him. She said: I made a mention of that to Allah’s Messenger (may peace be upon him) and he said: There is neither maintenance allowance for you nor lodging.

Fatima bint Qais reported that her husband al-Makhzulmi divorced her and refused to pay her maintenance allowance. So she came to Allah’s Messenger (may peace be upon him) and informed him, whereupon he said: There is no maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live with him for he is a blind man and you can put off your clothes in his house (i.e. you shall not face much difficulty in observing purdah there).

Abu Salama reported that Fatima bint Qais, the sister of al-Dahhak b. Qais informed him that Abu Hafs b. Mughira al-Makhzumi divorced her three times and then he proceeded on to the Yemen. The members of his family said to her: There is no maintenance allowance due to you from us. Khalid b. Walid along with a group of persons visited Allah’s Messenger (may peace be upon him) in the house of Maimuna and they said: Abu Hafs has divorced his wife with three pronouncements; is there any maintenance allowance due to her? Thereupon Allah’s Messenger (may peace be upon him) said: No maintenance allowance is due to her, but she is required to spend the ‘Idda; and he sent her the message that she should not be hasty in making a decision about herself and commanded her to move to the house of Umm Sharik, and then sent her the message that as the first immigrants (frequently) visit the house of Umm Sharik, she should better go to the house of Ibn Umm Maktum, the blind, (and further said: In case you put off your head-dress, he (Ibn Umm Makhtum) will not see you. So she went to his house, and when the ‘Idda was over, Allah’s Messenger (may peace be upon him) married her to Usama b. Zaid b. Haritha.

Fatima bint Qais reported: I had been married to a person from Banu Makhzum and he divorced me with irrevocable divorce. I sent a message to his family asking for maintenance allowance, and the rest of the hadith has been transmitted with a slight change of words.

Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu ‘Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah’s Messenger (may peace be upon him) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the ‘Idda was over). ‘Urwa said that ‘Aisha objected to (the words of) Fatima bint Qais. This hadith has been transmitted through another chain of narrators.