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| Book Sixty Three – The Book on Divorce (Talaq) | |
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Zaza Librarian
Location : The Wonderful Art Garden
| Subject: Book Sixty Three – The Book on Divorce (Talaq) Sat Jan 12, 2013 11:56 am | |
| Book Sixty Three – The Book on Divorce (Talaq)
Hadith Number 178. Narrated by 'Abdullah bin 'Umar (Radhi Allahu Anhuma): That he had divorced his wife while she was menstruating during the lifetime of Allah's Messenger (Sallallahu Alayhi wa Sallam). 'Umar bin Al-Khattab asked Allah's Messenger (Sallallahu Alayhi wa Sallam) about that. Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced." Hadith Number 179. Narrated by Anas bin Sirin: Ibn 'Umar (Radhi Allahu Anhuma) said: "I divorced my wife while she was menstruating. 'Umar mentioned that to the Prophet (Sallallahu Alayhi wa Sallam). The Prophet (Sallallahu Alayhi wa Sallam) said, (to my father), "Let your son take her back." I asked (Ibn 'Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn 'Umar (Radhi Allahu Anhuma) said, "Of course." Narrated Yunus bin Jubair: Ibn 'Umar said, "The Prophet (Sallallahu Alayhi wa Sallam) said to 'Umar, 'Order him (Ibn 'Umar) to take her back.' "I asked, "Is such a divorce counted (as one legal divorce)?" Ibn 'Umar said, "What do you think if someone becomes helpless and foolish?" (*)* If, out of foolishness somebody divorces his wife while she is menstruating, the divorce is valid. Hadith Number 180. Narrated by Ibn 'Umar (Radhi Allahu Anhuma): (Divorcing my wife during her menses) was counted as one legal divorce. (*)* i.e. One of the three divorces. Hadith Number 181. Narrated by Al-Awza'i: I asked Az-Zuhri, "Which of the wives of the Prophet (Sallallahu Alayhi wa Sallam) sought refuge with Allah from him?" He said "I was told by 'Urwa that 'Aishah (Radhi Allahu Anha) said, 'When the daughter of Al-Jaun was brought to Allah's Messenger (Sallallahu Alayhi wa Sallam) (as his bride) and he went near her, she said, "I seek refuge with Allah from you." He said, "You have sought refuge with The Great; return to your family." (*)* "Return to your family" is an indirect way of saying, "You are divorced". Hadith Number 182. Narrated by Abu Usaid (Radhi Allahu Anhu): We went out with the Prophet (Sallallahu Alayhi wa Sallam) to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet (Sallallahu Alayhi wa Sallam) said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An-Nu'man bin Sharahil, and her wet nurse was with her. When the Prophet (Sallallahu Alayhi wa Sallam) entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet (Sallallahu Alayhi wa Sallam) raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet (Sallallahu Alayhi wa Sallam) came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family." Narrated Sahl and Abu Usaid: The Prophet (Sallallahu Alayhi wa Sallam) married Umaima bint Sharahil, and when she was brought to him, he stretched his hand towards her. It seemed that she disliked that, whereupon the Prophet (Sallallahu Alayhi wa Sallam) ordered Abu Usaid to prepare her and to provide her with two white linen dresses. (See Hadith No. 541 Book 69). Hadith Number 183. Narrated by Sahl bin Sa'd (Radhi Allahu Anhu): Similarly as above (182). Hadith Number 184. Narrated by Abi Ghallab Yunus bin Jubair: I asked Ibn 'Umar (Radhi Allahu Anhuma),"(What is said regarding) a man divorces his wife during her period?" He said, "Do you know Ibn 'Umar? Ibn 'Umar divorced his wife while she was menstruating. 'Umar then went to the Prophet (Sallallahu Alayhi wa Sallam) and mentioned that to him. The Prophet (Sallallahu Alayhi wa Sallam) ordered him to take her back and when she became clean, he could divorce her if he wanted." I asked (Ibn 'Umar), "Was that divorce counted as one legal divorce?" (*) He said, "If one becomes helpless and foolish (will he be excused? Of course not)." * i.e. One of the three steps of divorce. Hadith Number 185. Narrated by Sahl bin Sa'd As-Sa'idi (Radhi Allahu Anhu): Uwaimir Al-'Ajlani came to 'Asim bin Adi Al-Ansari and asked, "O 'Asim! Tell me, if a man sees his wife with another man, should he kill him, whereupon you would kill him in Qisas, or what should he do? O 'Asim! Please ask Allah's Messenger (Sallallahu Alayhi wa Sallam) about that." 'Asim asked Allah's Messenger (Sallallahu Alayhi wa Sallam) about that. Allah's Messenger (Sallallahu Alayhi wa Sallam) disliked that question and considered it disgraceful. What 'Asim heard from Allah's Messenger (Sallallahu Alayhi wa Sallam) was hard on him. When he returned to his family, 'Uwaimir came to him and said "O 'Asim! What did Allah's Messenger (Sallallahu Alayhi wa Sallam) say to you?" 'Asim said, "You never bring me any good. Allah's Messenger (Sallallahu Alayhi wa Sallam) disliked tohear the problem which I asked him about." 'Uwaimir said, "By Allah, I will not leave the matter till I ask him about it." So 'Uwaimir proceeded till he came to Allah's Messenger (Sallallahu Alayhi wa Sallam) who was in the midst of the people and said, "O Allah's Messenger! If a man finds with his wife another man, should he kill him, whereupon you would kill him (in Qisas) (*) : or otherwise, what should he do?" Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Allah has revealed something concerning the question of you and your wife. Go and bring her here." So they both carried out the judgment of Lian, while I was present among the people (as a witness). When both of them had finished, 'Uwaimir said, "O Allah's Messenger! If I should now keep my wife with me, then I have told a lie". Then he pronounced his decision to divorce her thrice before Allah's Messenger (Sallallahu Alayhi wa Sallam) ordered him to do so. (Ibn Shihab said, "That was the tradition for all those who are involved in a case of Lian (**) ." * [Qisas ** [Lian Hadith Number 186. Narrated by 'Aishah (Radhi Allahu Anha) : The wife of Rifa'a Al-Qurazi came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! Rifa'a divorced me irrevocably. After him I married 'Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Messenger (Sallallahu Alayhi wa Sallam) said to her, "Perhaps you want to return to Rifa'a? Nay (you cannot return to Rifa'a) until you and 'Abdur-Rahman consummate your marriage." | |
| | | Zaza Librarian
Location : The Wonderful Art Garden
| Subject: Re: Book Sixty Three – The Book on Divorce (Talaq) Sat Jan 12, 2013 11:58 am | |
| Hadith Number 187. Narrated by 'Aishah (Radhi Allahu Anha): A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet (Sallallahu Alayhi wa Sallam) was asked if she could legally marry the first husband (or not). The Prophet (Sallallahu Alayhi wa Sallam) replied, "No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done." Hadith Number 188. Narrated by 'Aishah (Radhi Allahu Anha): Allah's Messenger (Sallallahu Alayhi wa Sallam) gave us the option (to remain with him or to be divorced) and we selected Allah and His Messenger (Sallallahu Alayhi wa Sallam). So, giving us that option was not regarded as divorce. Hadith Number 189. Narrated by Musruq: I asked 'Aishah (Radhi Allahu Anha) about the option: She said, "The Prophet (Sallallahu Alayhi wa Sallam) gave us the option. Do you think that option was considered as a divorce?" I said, "It matters little to me if I give my wife the option once or a hundred times after she has chosen me." Hadith Number 190. Narrated by 'Aishah (Radhi Allahu Anha): 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 (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! 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 Messenger (Sallallahu Alayhi wa Sallam) said, "It is unlawful to marry your first husband till the other husband consummates his marriage with you." Hadith Number 191. Narrated by Sa'id bin Jubair: That he heard Ibn 'Abbas (Radhi Allahu Anhuma) saying, "If a man makes his wife unlawful for him, (*) it does not mean that she is divorced." He added, "Indeed in the Messenger (Sallallahu Alayhi wa Sallam) of Allah, you have a good example to follow." (a good pattern of conduct.) * By saying to her, "You are unlawful for me". Hadith Number 192. Narrated by 'Ubaid bin 'Umair: I heard 'Aishah (Radhi Allahu Anha) saying, "The Prophet (Sallallahu Alayhi wa Sallam) used to stay for a long while with Zanab bint Jahsh and drink honey at her house. So Hafsa and I decided that if the Prophet (Sallallahu Alayhi wa Sallam) came to anyone of us, she should say him, "I detect the smell of Maghafir (a nasty smelling gum) in you. Have you eaten Maghafir?' "So the Prophet (Sallallahu Alayhi wa Sallam) visited one of them and she said to him similarly. The Prophet (Sallallahu Alayhi wa Sallam) said, "Never mind, I have taken some honey at the house of Zainab bint Jahsh, but I shall never drink of it anymore." So there was revealed: [color=green] 'O Prophet! Why do you ban (for you) that which Allah has made lawful for you... If you two (wives of Prophet (Sallallahu Alayhi wa Sallam)) turn in repentance to Allah,' (Surah At-Tahrim 66: 1-4) addressing 'Aishah) and Hafsa (Radhi Allahu Anhuma). 'When the Prophet (Sallallahu Alayhi wa Sallam) disclosed a matter in confidence to some of his wives.' (Surah At-Tahrim 66: 3) namely his saying: But I have taken some honey." Hadith Number 193. Narrated by 'Aishah (Radhi Allahu Anha): Allah's Messenger (Sallallahu Alayhi wa Sallam) was fond of honey and sweet edible things and (it was his habit) that after finishing the 'Asr prayer he would visit his wives and stay with one of them at that time. Once he went to Hafsa, the daughter of 'Umar and stayed with her more than usual. I got jealous and asked the reason for that. I was told that a lady of her folk had given her a skin filled with honey as a present, and that she made a syrup from it and gave it to the Prophet (Sallallahu Alayhi wa Sallam) to drink (and that was the reason for the delay). I said, "By Allah we will play a trick on him (to prevent him from doing so)." So I said to Sada bint Zam'a "The Prophet (Sallallahu Alayhi wa Sallam) will approach you, and when he comes near you, say: 'Have you taken Maghafir (a bad-smelling gum)?' He will say, 'No.' Then say to him: 'Then what is this bad smell which i smell from you?' He will say to you, 'Hafsa made me drink honey syrup.' Then say: Perhaps the bees of that honey had sucked the juice of the tree of Al-'Urfut.' (*) I shall also say the same. O you, Safiyya, say the same." Later Sada said, "By Allah, as soon as he (the Prophet (Sallallahu Alayhi wa Sallam)) stood at the door, I was about to say to him what you had ordered me to say because I was afraid of you." So when the Prophet (Sallallahu Alayhi wa Sallam) came near Sada, she said to him, "O Allah's Messenger! Have you taken Maghafir?" He said, "No." She said. "Then what is this bad smell which I detect on you?" He said, "Hafsa made me drink honey syrup." She said, "Perhaps its bees had sucked the juice of Al-'Urfut tree." When he came to me, I also said the same, and when he went to Safiyya, she also said the same. And when the Prophet (Sallallahu Alayhi wa Sallam) again went to Hafsa, she said, 'O Allah's Messenger! Shall I give you more of that drink?" He said, "I am not in need of it." Sada said, "By Allah, we deprived him (of it)." I said to her, "Keep quiet." * Al-'Urfut is the tree which produces Maghafir. Hadith Number 194. Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) 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. Hadith Number 195. Narrated by Jabir (Radhi Allahu Anhu): A man from the tribe of Bani Aslam came to the Prophet (Sallallahu Alayhi wa Sallam) while he was in the Masjid and said, "I have committed illegal sexual intercourse." The Prophet (Sallallahu Alayhi wa Sallam) turned his face to the other side. The man turned towards the side towards which the Prophet (Sallallahu Alayhi wa Sallam) had turned his face, and gave four witnesses against himself. On that the Prophet (Sallallahu Alayhi wa Sallam) called him and said, "Are you insane?" (He added), "Are you married?" The man said, 'Yes." On that the Prophet (Sallallahu Alayhi wa Sallam) ordered him to be stoned to the death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al-Harra and then killed. | |
| | | Zaza Librarian
Location : The Wonderful Art Garden
| Subject: Re: Book Sixty Three – The Book on Divorce (Talaq) Sat Jan 12, 2013 12:05 pm | |
| Hadith Number 196. Narrated by Abu Hurairah (Radhi Allahu Anhu): A man from Bani Aslam came to Allah's Messenger (Sallallahu Alayhi wa Sallam) while he was in the mosque and called (the Prophet (Sallallahu Alayhi wa Sallam)) saying, "O Allah's Messenger! I have committed illegal sexual intercourse." On that the Prophet (Sallallahu Alayhi wa Sallam) turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet (Sallallahu Alayhi wa Sallam) had turned his face, and said, "O Allah's Messenger! I have committed illegal sexual intercourse." The Prophet (Sallallahu Alayhi wa Sallam) turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet (Sallallahu Alayhi wa Sallam) had turned his face, and repeated his statement. The Prophet (Sallallahu Alayhi wa Sallam) turned his face (from him) to the other side again. The man moved again (and repeated his statement) for the fourth time. So when the man had given witness four times against himself, the Prophet (Sallallahu Alayhi wa Sallam) called him and said, "Are you insane?" He replied, "No." The Prophet (Sallallahu Alayhi wa Sallam) then said (to his companions), "Go and stone him to death." The man was a married one. Jabir bin 'Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla ('Id praying place) in Al-Madinah. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died. Hadith Number 197. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The wife of Thabit bin Qais came to the Prophet (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Messenger (Sallallahu Alayhi wa Sallam) said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet (Sallallahu Alayhi wa Sallam) said to Thabit, "O Thabit! Accept your garden, and divorce her once." Hadith Number 198. Narrated by 'Ikrima: The sister of 'Abdullah bin Ubai narrated (the above narration, 197) with the addition that the Prophet (Sallallahu Alayhi wa Sallam) said to Thabit's wife, "Will you return his garden?" She said, "Yes," and returned it, and (then) the Prophet (Sallallahu Alayhi wa Sallam) ordered Thabit to divorce her. Narrated Ibn 'Abbas (Radhi Allahu Anhuma): The wife of Thabit bin Qais came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! 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 Messenger (Sallallahu Alayhi wa Sallam) said, "Will you return his garden to him?" She said, "Yes." Hadith Number 199. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The wife of Thabit bin Qais bin Shammas came to the Prophet (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Messenger (Sallallahu Alayhi wa Sallam) said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet (Sallallahu Alayhi wa Sallam) told him to divorce her. Hadith Number 200. Narrated by 'Ikrima: That Jamila... Then he related the whole Hadith (i.e. 199). Hadith Number 201. Narrated by Al-Miswar bin Makhrama Az-Zuhri (Radhi Allahu Anhu): I heard the Prophet (Sallallahu Alayhi wa Sallam) saying, "Banu Al-Mughira have asked my leave to let 'Ali marry their daughter, but I give no leave to this effect." Hadith Number 202. Narrated by 'Aishah (Radhi Allahu Anha): (The wife of the Prophet (Sallallahu Alayhi wa Sallam)) Three traditions were established concerning situations in which Barira was involved: When she was manumitted, she was given the option to keep her husband or leave him; Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "The Wala (*) is for the one who manumits, Once Allah's Messenger (Sallallahu Alayhi wa Sallam) entered the house while some meat was being cooked in a pot, but only bread and some soup of the house were placed before, him. He said, "Don't I see the pot containing meat?" They said, "Yes, but that meat was given to Barira in charity (by someone), and you do not eat what it given in charity."The Prophet (Sallallahu Alayhi wa Sallam) said "That meat is alms for her, but for us it is a present." * WalaHadith Number 203. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): I saw him as a slave, (namely, Barira's husband). Hadith Number 204. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): That was Mughith, the slave of Bani so-and-so, i.e., Barira's husband as if I am now looking at him following her (Barira) along the streets of Al-Madinah. Hadith Number 205. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): Barira's husband was a black slave called Mughith, the slave of Bani so-and-so as if I am seeing him now, walking behind her along the streets of Al-Madinah. Hadith Number 206. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): Barira's husband was a slave called Mughith, as if I am seeing him now, going behind Barira and weeping with his tears flowing down his beard. The Prophet (Sallallahu Alayhi wa Sallam) said to 'Abbas, "O 'Abbas ! are you not astonished at the love of Mughith for Barira and the hatred of Barira for Mughith?" The Prophet (Sallallahu Alayhi wa Sallam) then said to Barira, "Why don't you return to him?" She said, "O Allah's Messenger! Do you order me to do so?" He said, "No, I only intercede for him." She said, "I am not in need of him." Hadith Number 207. Narrated by Al-Aswad: 'Aishah (Radhi Allahu Anha) intended to buy Barira, but her masters stipulated that her wala wound be for them. 'Aishah (Radhi Allahu Anha) mentioned that to the Prophet (Sallallahu Alayhi wa Sallam) who said (to 'Aishah (Radhi Allahu Anha)), "Buy and manumit her, for the wala is for the one who manumits." Once some meat was brought to the Prophet (Sallallahu Alayhi wa Sallam) and was said, "This meat was given in charity to Barira." The Prophet (Sallallahu Alayhi wa Sallam) said, "It an object of charity for Barira and gift for us." Hadith Number 208. Narrated by Adam: Shu'ba relate the same Hadith and added: Barira was given the option regarding her husband. Hadith Number 209. Narrated by Nafi': Whenever Ibn 'Umar (Radhi Allahu Anhuma) was asked about marrying a Christian lady or a Jewess, he would say: "Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jesus is her Lord although he is just one of Allah's slaves." Hadith Number 210. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): The pagans were of two kinds as regards their relationship to the Prophet (Sallallahu Alayhi wa Sallam) and the Believers. Some of them were those with whom the Prophet (Sallallahu Alayhi wa Sallam) was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet (Sallallahu Alayhi wa Sallam) made a treaty, and neither did the Prophet (Sallallahu Alayhi wa Sallam) fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans). Narrated Ibn 'Abbas (Radhi Allahu Anhuma): Qariba, the daughter of Abi Umaiyya, was the wife of 'Umar bin Al-Khattab. 'Umar divorced her and then Mu'awiyya bin Abi Sufyan married her. Similarly, Um Al-Hakam, the daughter of Abi Sufyan was the wife of 'Iyad bin Ghanm Al-Fihri. He divorced her and then 'Abdullah bin 'Uthman Al-Thaqafi married her. | |
| | | Zaza Librarian
Location : The Wonderful Art Garden
| Subject: Re: Book Sixty Three – The Book on Divorce (Talaq) Sat Jan 12, 2013 12:20 pm | |
| Hadith Number 211. Narrated by 'Aishah (Radhi Allahu Anha): (The wife of the Prophet (Sallallahu Alayhi wa Sallam)) When believing women came to the Prophet (Sallallahu Alayhi wa Sallam) as emigrants, he used to test them in accordance with the order of Allah. 'O you who believe! When believing women come to you as emigrants, examine them...' (Surah Al-Mumtahanah 60: 10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah's Messenger (Sallallahu Alayhi wa Sallam) would say to them, "Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah's Messenger (Sallallahu Alayhi wa Sallam) never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah's Messenger (Sallallahu Alayhi wa Sallam) did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, "I have accepted your oath of allegiance." Hadith Number 212. Narrated by Anas bin Malik (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) took an oath that he would abstain from his wives, and at that time his leg had been sprained (dislocated). So he stayed in the Mashruba (an attic room) of his for 29 days. Then he came down, and they (the people) said, "O Allah's Messenger! You took an oath to abstain from your wives for one month." He said, "The month is of twenty nine days." Hadith Number 213. Narrated by Nafi': Ibn 'Umar (Radhi Allahu Anhuma) 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 (Radhi Allahu Anhuma) 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, 'Aishah and twelve other companions (Radhi Allahu Anhum) of the Prophet (Sallallahu Alayhi wa Sallam)." * Ila means the oath taken by a husband that he would not approach his wife for a certain period. Hadith Number 214. Narrated by Yazid: (The Maula of Munba'ith) The Prophet (Sallallahu Alayhi wa Sallam) was asked regarding the case of a lost sheep. He said, "You should take it, because it is for you, or for your brother, or for the wolf." Then he was asked about a lost camel. He got angry and his face became red and he said (to the questioner), "You have nothing to do with it; it has its feet and its water container with it; it can go on drinking water and eating trees till its owner meets it." And then the Prophet (Sallallahu Alayhi wa Sallam) was asked about a Luqata (money found by somebody). He said, "Remember and recognize it’s tying material and its container, and make public announcement about it for one year. If somebody comes and identifies it (then give it to him), otherwise add it to your property." Hadith Number 215. Narrated by Ibn Abbas (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) performed the Tawaf (around the Ka'bah while riding his camel, and every time he reached the corner (of the Black Stone) he pointed at it with his hand and said, "Allahu Akbar." (Zainab said: The Prophet (Sallallahu Alayhi wa Sallam) said, "An opening has been made in the wall of Gog and Magog like this and this," forming the number 90 (with his thumb and index finger). Hadith Number 216 Narrated by Abu Hurairah (Radhi Allahu Anhu): Abul Qasim (the Prophet (Sallallahu Alayhi wa Sallam)) said, "There is an hour (or a moment) of particular significance on Friday. If it happens that a Muslim is offering a prayer and invoking Allah for some good at that very moment, Allah will grant him his request." (The sub-narrator placed the top of his finger on the palm of the other hand between the middle finger and the little one.) Narrated by Anas bin Malik (Radhi Allahu Anhu): During the lifetime of Allah's Messenger (Sallallahu Alayhi wa Sallam) a Jew attacked a girl and took some silver ornaments she was wearing and crushed her head. Her relative brought her to the Prophet (Sallallahu Alayhi wa Sallam) while she was in her last breaths, and she was unable to speak. Allah's Messenger (Sallallahu Alayhi wa Sallam) asked her, "Who has hit you? So-and so?” mentioning somebody other than her murderer. She moved her head, indicating denial. The Prophet (Sallallahu Alayhi wa Sallam) mentioned another person other than the murderer, and she again moved her head indicating denial. Then he asked, "Was it so-and-so,” mentioning the name of her killer. She nodded, agreeing. Then Allah's Messenger (Sallallahu Alayhi wa Sallam); ordered that the head of that Jew be crushed between two stones. Hadith Number 217. Narrated by Ibn 'Umar (Radhi Allahu Anhuma): I heard the Prophet (Sallallahu Alayhi wa Sallam) saying, "Afflictions will emerge from here," pointing towards the East. Hadith Number 218. Narrated by 'Abdullah bin Abi Aufa (Radhi Allahu Anhu): We were with Allah's Messenger (Sallallahu Alayhi wa Sallam) on a journey, and when the sun set, he said to a man, "Get down and prepare a drink of Sawiq for me." The man said, "O Allah's Messenger! Will you wait till it is evening?" Allah's Messenger (Sallallahu Alayhi wa Sallam) again said, "Get down and prepare a drink of Sawiq." The man said, "O Allah's Messenger! Will you wait till it is evening, for it is still daytime. "The Prophet (Sallallahu Alayhi wa Sallam) again said, "Get down and prepare a drink of Sawiq." So the third time the man got down and prepared a drink of Sawiq for him. Allah's Messenger (Sallallahu Alayhi wa Sallam) drank thereof and pointed with his hand towards the East, saying, "When you see the night falling from this side, then a fasting person should break his fast." Hadith Number 219A. Narrated by 'Abdullah bin Mas'ud (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) said, "The call (or the Adhan) of Bilal should not stop you from taking the Suhur-meals for Bilal calls (or pronounces the Adhan) so that the one who is offering the night prayer should take a rest, and he does not indicate the daybreak or dawn." The narrator, Yazid, described (how dawn breaks) by stretching out his hands and then separating them wide apart. Hadith Number 219B. Narrated by Abu Hurairah (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, The example of a miser and a generous person is like that of two persons wearing iron cloaks from the breast up to the neck. When the generous person spends, the iron cloak enlarges and spread over his skin so much so that it covers his fingertips and obliterates his tracks. As for the miser, as soon as he thinks of spending every ring of the iron cloak sticks to its place (against his body) and he tries to expand it, but it does not expand. The Prophet (Sallallahu Alayhi wa Sallam) pointed with his hand towards his throat. Hadith Number 220. Narrated by Anas bin Malik (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Shall I tell you of the best families among the Ansar?" They (the people) said, "Yes, O Allah's Messenger!" The Prophet (Sallallahu Alayhi wa Sallam) said, "The best are Banu- An-Najjar, and after them are Banu 'Abdil Ash-hal, and after them are Banu Al-Harith bin Al-Khazraj, and after them are Banu Sa'ida." The Prophet (Sallallahu Alayhi wa Sallam) then moved his hand by closing his fingers and then opening them like one throwing something, and then said, "Anyhow, there is good in all the families of the Ansar." Hadith Number 221. Narrated by Sahl bin Sa'd As-Sa'idi (Radhi Allahu Anhu): (A companion of Allah's Messenger (Sallallahu Alayhi wa Sallam)) Allah's Messenger (Sallallahu Alayhi wa Sallam), holding out his middle and index fingers, said, "My advent and the Hour's are like this (or like these)," namely, the period between his era and the Hour is like the distance between those two fingers, i.e., very short. Hadith Number 222. Narrated by Ibn 'Umar (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) (holding out his ten fingers thrice), said, "The month is thus and thus and thus," namely thirty days. Then (holding out his ten fingers twice and then nine fingers), he said, "It may be thus and thus and thus," namely twenty nine days. He meant once thirty days and once twenty nine days. | |
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| Subject: Re: Book Sixty Three – The Book on Divorce (Talaq) Sat Jan 12, 2013 12:49 pm | |
| Hadith Number 223. Narrated by Abu Mas'ud (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) pointed with his hand towards Yemen and said twice, "Faith is there," and then pointed towards the East, and said, "Verily, sternness and mercilessness are the qualities of those who are busy with their camels and pay no attention to their religion, where the two sides of the head of Shaitan will appear," namely, the tribes of Rabi'a and Mudar. Hadith Number 224. Narrated by Sahl (Radhi Allahu Anhu): Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "I and the one who looks after an orphan will be like this in Paradise," showing his middle and index fingers and separating them. Hadith Number 225. Narrated by Abu Hurairah (Radhi Allahu Anhu): A man came to the Prophet (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! A black child has been born for me." The Prophet (Sallallahu Alayhi wa Sallam) asked him, "Have you got camels?" The man said, "Yes." The Prophet (Sallallahu Alayhi wa Sallam) asked him, "What color are they?" The man replied, "Red." The Prophet (Sallallahu Alayhi wa Sallam) said, "Is there a grey one among them?' The man replied, "Yes." The Prophet (Sallallahu Alayhi wa Sallam) said, "Whence comes that?" He said, "May be it is because of heredity." The Prophet (Sallallahu Alayhi wa Sallam) said, "May be your latest son has this color because of heredity." Hadith Number 226. Narrated by 'Abdullah (Radhi Allahu Anhu): An Ansari man accused his wife (of committing illegal sexual intercourse). The Prophet (Sallallahu Alayhi wa Sallam) made both of them takes the oath of Li'an, and separated them from each other (by divorce). Hadith Number 227. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): Hilal bin Umaiyya accused his wife of illegal sexual intercourse and came to the Prophet (Sallallahu Alayhi wa Sallam) to bear witness (against her), (taking the oath of Lian). The Prophet (Sallallahu Alayhi wa Sallam) was saying, "Allah knows that either of you is a liar. Will anyone of you repent (to Allah)?" Then the lady got up and gave her witness. Hadith Number 228. Narrated by Sahl bin Sa'd As-Sa'idi (Radhi Allahu Anhu): 'Uwaimir Al-'Ajlani came to 'Asim bin Ad Al-Ansari and said to him, "O 'Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, O 'Asim, ask about this on my behalf." 'Asim asked Allah's Messenger (Sallallahu Alayhi wa Sallam) about it. Allah's Messenger (Sallallahu Alayhi wa Sallam), disliked that question and considered it disgraceful. What 'Asim heard from Allah's Messenger (Sallallahu Alayhi wa Sallam) was hard on him. When 'Asim returned to his family, 'Uwaimir came to him and said, "O 'Asim! What did Allah's Messenger (Sallallahu Alayhi wa Sallam). say to you?" 'Asim said to 'Uwaimir, "You never bring me any good. Allah's Messenger (Sallallahu Alayhi wa Sallam) disliked the problem which I asked him about." 'Uwaimir said, "By Allah, I will not give up this matter until I ask the Prophet (Sallallahu Alayhi wa Sallam) about it." So 'Uwaimir proceeded till he came to Allah's Messenger (Sallallahu Alayhi wa Sallam) in the midst of people, and said, "O Allah's Messenger! If a man sees another man with his wife, would he kill him, whereupon you would kill him, or what should he do?" Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "Allah has revealed some decree as regards you and your wives case. Go and bring her." So they carried out the process of Lian while I was present among the people with Allah's Messenger (Sallallahu Alayhi wa Sallam). When they had finished their Lian, 'Uwaimir said, "O Allah's Messenger! If I should now keep her with me as a wife, then I have told a lie." So he divorced her thrice before Allah's Messenger (Sallallahu Alayhi wa Sallam) ordered him. (Ibn Shihab said: So divorce was the tradition for all those who were involved in a case of Li'an.) Hadith Number 229. Narrated by Ibn Juraij: Ibn Shihab informed me of Li'an and the tradition related to it, referring to the narration of Sahl bin Sa'd (Radhi Allahu Anhu), the brother of Bani Sa'idi He said, "An Ansari man came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said, 'O Allah's Messenger! 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 Qur’an about the affair of those involved in a case of Lian. The Prophet (Sallallahu Alayhi wa Sallam) said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the Masjid while I was present there. When they had finished, the man said, "O Allah's Messenger! 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 Messenger (Sallallahu Alayhi wa Sallam) ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet (Sallallahu Alayhi wa Sallam)." 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 Sa'd As'Saidi said that the Prophet (Sallallahu Alayhi wa Sallam) 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). Hadith Number 230. Narrated by Al-Qasim bin Muhammad: Ibn 'Abbas (Radhi Allahu Anhuma); said, "Once Li'an was mentioned before the Prophet (Sallallahu Alayhi wa Sallam) whereupon 'Asim bin 'Adi said something and went away. Then a man from his tribe came to him, complaining that he had found a man width his wife. 'Asim said, 'I have not been put to task except for my statement (about Lian).' 'Asim took the man to the Prophet (Sallallahu Alayhi wa Sallam) and the man told him of the state in which he had found his wife. The man was pale, thin, and of lank hair, while the other man whom he claimed he had seen with his wife, was brown, fat and had much flesh on his calves. The Prophet (Sallallahu Alayhi wa Sallam) invoked, saying, 'O Allah! Reveal the truth.' So that lady delivered a child resembling the man whom her husband had mentioned he had found her with. The Prophet (Sallallahu Alayhi wa Sallam) then made them carry out Li'an." Then a man from that gathering asked Ibn 'Abbas, "Was she the same lady regarding which the Prophet (Sallallahu Alayhi wa Sallam) had said, 'If I were to stone to death someone without witness, I would have stoned this lady'?" Ibn 'Abbas (Radhi Allahu Anhu) said, "No, that was another lady who, though being a Muslim, used to arouse suspicion by her outright misbehavior." Hadith Number 231. Narrated by Sa'id bin Jubair: I asked Ibn 'Umar (Radhi Allahu Anhuma), "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn 'Umar said, "The Prophet (Sallallahu Alayhi wa Sallam) separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: 'Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her; and if you have told a lie, you are less rightful to have your money back.'") Hadith Number 232. Narrated by Sa'id bin Jubair: I asked Ibn 'Umar (Radhi Allahu Anhuma) about those who were involved in a case of Li’an. He said, "The Prophet (Sallallahu Alayhi wa Sallam) said to those who were involved in a case of Li’an, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." The man said, 'What about my property (Mahr)?' The Prophet (Sallallahu Alayhi wa Sallam) said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from 'Amr. Narrated Aiyub: I heard Sa'id bin Jubair saying, "I asked Ibn 'Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Li’an (what will happen)?' Ibn 'Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn 'Umar said, 'The Prophet (Sallallahu Alayhi wa Sallam) separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?'" | |
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| Subject: Re: Book Sixty Three – The Book on Divorce (Talaq) Sat Jan 12, 2013 1:06 pm | |
| Hadith Number 233. Narrated by Ibn 'Umar (Radhi Allahu Anhuma): Allah's Messenger (Sallallahu Alayhi wa Sallam) separated (divorced) the wife from her husband who accused her for an illegal sexual intercourse, and made them take the oath of Li'an. Hadith Number 234. Narrated by Ibn 'Umar (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) made an Ansari man and his wife carry out Li'an, and then separated them by divorce. Hadith Number 235. Narrated by Ibn 'Umar (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) made a man and his wife carry out Li'an, and the husband repudiated her child. So the Prophet (Sallallahu Alayhi wa Sallam) got them separated (by divorce) and decided that the child belonged to the mother only. Hadith Number 236. Narrated by Ibn 'Abbas (Radhi Allahu Anhuma): Those involved in a case of Li’an were mentioned before Allah's Messenger (Sallallahu Alayhi wa Sallam) Asim bin Adi said something about that and then left. Later on a man from his tribe came to him and told him that he had found another man with his wife. On that 'Asim said, "I have not been put to task except for what I have said (about Li’an)." 'Asim took the man to Allah's Messenger (Sallallahu Alayhi wa Sallam) and he told him of the state in which he found his wife. The man was pale, thin and lank-haired, while the other man whom he had found with his wife was brown, fat with thick calves and curly hair. Allah's Messenger (Sallallahu Alayhi wa Sallam) said, "O Allah! Reveal the truth." Then the lady delivered a child resembling the man whom her husband had mentioned he had found with her. So Allah's Messenger (Sallallahu Alayhi wa Sallam) ordered them to carry out Li’an. A man from that gathering said to Ibn 'Abbas, "Was she the same lady regarding whom Allah's Messenger (Sallallahu Alayhi wa Sallam) said, 'If I were to stone to death someone without witnesses, I would have stoned this lady'?" Ibn 'Abbas said, "No, that was another lady who, though being a Muslim, used to arouse suspicion because of her outright misbehavior." Hadith Number 237. Narrated by 'Aishah (Radhi Allahu Anha): The Prophet (Sallallahu Alayhi wa Sallam) said... (as in 240). Hadith Number 238. Narrated by 'Aishah (Radhi Allahu Anha): Rifa'a Al-Qurazi married a lady and then divorced her whereupon she married another man. She came to the Prophet (Sallallahu Alayhi wa Sallam) and said that her new husband did not approach her, and that he was completely impotent. The Prophet (Sallallahu Alayhi wa Sallam) said (to her), "No (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you)." Hadith Number 239. Narrated by Um Salama (Radhi Allahu Anha): (The wife of the Prophet (Sallallahu Alayhi wa Sallam)) A lady from Bani Aslam, called Subai'a, become a widow while she was pregnant. Abu As-Sanabil bin Ba'kak demanded her hand in marriage, but she refused to marry him and said, "By Allah, I cannot marry him unless I have completed one of the two prescribed periods." About ten days later (after having delivered her child), she went to the Prophet (Sallallahu Alayhi wa Sallam) and he said (to her), "You can marry now." Hadith Number 240. Narrated by 'Abdullah bin 'Abdullah: That his father had written to Ibn Al-Arqam a letter asking him to ask Subai'a Al-Aslamiya how the Prophet (Sallallahu Alayhi wa Sallam) had given her the verdict. She said, "The Prophet (Sallallahu Alayhi wa Sallam), gave me his verdict that after I gave birth, I could marry." Hadith Number 241. Narrated by Al-Miswer bin Makhrama (Radhi Allahu Anhu): Subai'a Al-Aslamiya gave birth to a child a few days after the death of her husband. She came to the Prophet (Sallallahu Alayhi wa Sallam) and asked permission to remarry, and the Prophet (Sallallahu Alayhi wa Sallam) gave her permission, and she got married. Hadith Number 242. Narrated by Qasim bin Muhammad and Sulaiman bin Yasar: That Yahya bin Sa'id bin Al-'As divorced the daughter of 'Abdur-Rahman bin Al-Hakam. Abdur-Rahman took her to his house. On that 'Aishah (Radhi Allahu Anha) sent a message to Marwan bin Al-Hakam who was the ruler of Al-Madinah, saying, "Fear Allah, and urge your brother) to return her to her house." Marwan (in Sulaiman's version) said, "Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument)." (In Al-Qasim's versions Marwan said, "Have you not heard of the case of Fatima bint Qais?" 'Aishah (Radhi Allahu Anha) said, "The case of Fatima bint Qais is not in your favor.' Marwan bin Al-Hakam said to 'Aishah (Radhi Allahu Anha), "The reason that made Fatima bint Qais go to her father's house is just applicable to the daughter of 'Abdur-Rahman." Hadith Number 243. Narrated by Al-Qasim: 'Aishah (Radhi Allahu Anha) said, "What is wrong with Fatima? Why doesn't she fear Allah?" by saying that a divorced lady is not entitled to be provided with residence and sustenance (by her husband). Hadith Number 244. Narrated by Qasim: Urwa said to 'Aishah (Radhi Allahu Anha), "Do you know so-and-so, the daughter of Al-Hakam? Her husband divorced her irrevocably and she left (her husband's house)." 'Aishah (Radhi Allahu Anha) said, "What a bad thing she has done!" 'Urwa said (to 'Aishah (Radhi Allahu Anha)), "Haven't you heard the statement of Fatima?" 'Aishah (Radhi Allahu Anha) replied, "It is not in her favor to mention." 'Urwa added, 'Aishah (Radhi Allahu Anha) reproached (Fatima) severely and said, "Fatima was in a lonely place, and she was proned to danger, so the Prophet (Sallallahu Alayhi wa Sallam) allowed her (to go out of her husband's house)." (*)* Fatima was divorced and came to the Prophet (Sallallahu Alayhi wa Sallam) and said, "my husband has divorced me twice, and I am afraid that somebody may attack me in my house". The Prophet (Sallallahu Alayhi wa Sallam) allowed her to move to her parent's house. | |
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| Hadith Number 245. Narrated by 'Urwa: 'Aishah (Radhi Allahu Anha) disapproved of what Fatima used to say. (*)* See Hadith 243. Hadith Number 246. Narrated by 'Aishah (Radhi Allahu Anha): When Allah's Messenger (Sallallahu Alayhi wa Sallam) decided to leave Makkah after the Hajj, he saw Safiyya, sad and standing at the entrance of her tent. He said to her, "Aqr (or) Halq! You will detain us. Did you perform Tawaf-al-Ifada on the day of Nahr? She said, "Yes." He said, "Then you can depart." Hadith Number 247. Narrated by Al-Hasan: Ma'qil gave his sister in marriage and later her husband divorced her once. Hadith Number 248. Narrated by 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.' (Surah Al-Baqarah 2: 232) So the Prophet (Sallallahu Alayhi wa Sallam) 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. Hadith Number 249. Narrated by Nafi': Ibn 'Umar bin Al-Khattab (Radhi Allahu Anhuma) divorced his wife during her menses. Allah's Messenger (Sallallahu Alayhi wa Sallam) ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever 'Abdullah (bin 'Umar) was asked about that, he would say to the questioner, "If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).' Ibn 'Umar further said, 'Would that you (people) only give one or two divorces, because the Prophet (Sallallahu Alayhi wa Sallam) has ordered me so." Hadith Number 250. Narrated by Yunus Ibn Jubair: Ibn 'Umar (Radhi Allahu Anhuma) divorced his wife while she was having her menses. 'Umar asked the Prophet (Sallallahu Alayhi wa Sallam) who said, "Order him (your son) to take her back, and then divorced her before her period of the 'Iddah has elapsed." I asked Ibn 'Umar, "Will that divorce (during the menses) be counted?" He replied, "If somebody behaves foolishly (will his foolishness be an excuse for his misbehavior)?" Hadith Number 251. Narrated by Humaid bin Nafi': Zainab bint Abu Salama told me these three narrations: Zainab said: I went to Um Habiba (Radhi Allahu Anha), the wife of the Prophet (Sallallahu Alayhi wa Sallam) when her father, Abu- Sufyan bin Harb had died. Um Habiba asked for a perfume which contained yellow scent (Khaluq) or some other scent, and she first perfumed one of the girls with it and then rubbed her cheeks with it and said, "By Allah, I am not in need of perfume, but I have heard Allah's Messenger (Sallallahu Alayhi wa Sallam) saying, 'It is not lawful for a lady who believes in Allah and the Last Day to mourn for a dead person for more than three days unless he is her husband for whom she should mourn for four months and ten days.' " Zainab further said: I want to Zainab bint Jahsh when her brother died. She asked for perfume and used some of it and said, "By Allah, I am not in need of perfume, but I have heard Allah's Messenger (Sallallahu Alayhi wa Sallam) saying on the pulpit, 'It is not lawful for a lady who believes in Allah and the last day to mourn for more than three days except for her husband for whom she should mourn for four months and ten days.' " Zainab further said, "I heard my mother, Um Salama saying that a woman came to Allah's Messenger (Sallallahu Alayhi wa Sallam) and said, "O Allah's Messenger! The husband of my daughter has died and she is suffering from an eye disease, can she apply kohl to her eye?" Allah's Messenger (Sallallahu Alayhi wa Sallam) replied, "No," twice or thrice. (Every time she repeated her question) he said, "No." Then Allah's Messenger (Sallallahu Alayhi wa Sallam) added, "It is just a matter of four months and ten days. In the Pre-Islamic Period of ignorance a widow among you should throw a globe of dung when one year has elapsed." I said to Zainab, "What does 'throwing a globe of dung when one year had elapsed' mean?" Zainab said, "When a lady was bereaved of her husband, she would live in a wretched small room and put on the worst clothes she had and would not touch any scent till one year had elapsed. Then she would bring an animal, e.g. a donkey, a sheep or a bird and rub her body against it. The animal against which she would rub her body would scarcely survive. Only then she would come out of her room, whereupon she would be given a globe of dung which she would throw away and then she would use the scent she liked or the like." Hadith Number 252. Narrated by Um Salama (Radhi Allahu Anha): A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah's Messenger (Sallallahu Alayhi wa Sallam), and asked him to allow them to treat her eyes with kohl, but he said, "She should not apply kohl to her eyes. (In the Pre-Islamic period of Ignorance) a widowed woman among you would stay in the worst of her clothes (or the worst part of her house) and when a year had elapsed, if a dog passed by her, she would throw a globe of dung, Nay, (she cannot use kohl) till four months and ten days have elapsed." Narrated Um Habiba (Radhi Allahu Anha): The Prophet (Sallallahu Alayhi wa Sallam) said, "It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband, for whom she should mourn for four months and ten days." Hadith Number 253. Narrated by Um 'Atiyya (Radhi Allahu Anha): We were forbidden to mourn for more than three days except for a husband. | |
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| Hadith Number 254. Narrated by Um 'Atiyya (Radhi Allahu Anha): We were forbidden to mourn for more than three days for a dead person, except for a husband, for whom a wife should mourn for four months and ten days (while in the mourning period) we were not allowed to put kohl in our eyes, nor perfume our-selves, nor wear dyed clothes, except a garment of 'Asb (special clothes made in Yemen). But it was permissible for us that when one of us became clean from her menses and took a bath, she could use a piece of a certain kind of incense. And it was forbidden for us to follow funeral processions. Hadith Number 255. Narrated by Um 'Atiyya (Radhi Allahu Anha): The Prophet (Sallallahu Alayhi wa Sallam) said, "It is not lawful for a lady who believes in Allah and the Last Day, to mourn for more than three days for a dead person, except for her husband, in which case she should neither put kohl in her eyes, nor perfume herself, nor wear dyed clothes, except a garment of 'Asb" Um 'Atiyya added: The Prophet (Sallallahu Alayhi wa Sallam) said, "She should not use perfume except when she becomes clean from her menses whereupon she can use Qust, and Azfar (two kinds of incense). Hadith Number 256. Narrated by Mujahid: (Regarding the Verse): 'If any of you dies and leaves wives behind,' (*) That was the period of the 'Iddah which the widow was obliged to spend in the house of the late husband. Then Allah revealed: And those of you who die and leave wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they leave, there is no blame on you for what they do of themselves, provided it is honorable (i.e. lawful marriage) (Surah Al-Baqarah 2: 240) Mujahid said: Allah has ordered that a widow has the right to stay for seven months and twenty days with her husband's relatives through her husband's will and testament so that she will complete the period of one year (of 'Iddah). But the widow has the right to stay that extra period or go out of her husband's house as is indicated by the statement of Allah: 'But if they leave there is no blame on you... ' (Surah Al-Baqarah 2: 240) Ibn 'Abbas said: The above Verse has cancelled the order of spending the period of the 'Iddah at her late husband's house, and so she could spend her period of the 'Iddah wherever she likes. And Allah says: 'Without turning them out.' 'Ata said: If she would, she could spend her period of the 'Iddah at her husband's house, and live there according to her (husband's) will and testament, and if she would, she could go out (of her husband's house) as Allah says: [color=green]'There is no blame on you for what they do of themselves.' (Surah Al-Baqarah 2: 240) 'Ata added: Then the Verses of inheritance were revealed and the order of residence (for the widow) was cancelled, and she could spend her period of the 'Iddah wherever she would like, and she was no longer entitled to be accommodated by her husband's family. * They shall wait concerning themselves, four months and ten days. Hadith Number 257. Narrated by Zainab bint Um Salama : When Um Habiba bint Abi Sufyan (Radhi Allahu Anha) was informed of her father's death, she asked for perfume and rubbed it over her arms and said, "I am not in need of perfume, but I have heard the Prophet (Sallallahu Alayhi wa Sallam) saying, "It is not lawful for a lady who believes in Allah and the Last Day to mourn for more than three days except for her husband for whom the (mourning) period is four months and ten days." Hadith Number 258. Narrated by Abu Mas'ud (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) prohibited taking the price of a dog, the earnings of a soothsayer and the money earned by prostitution. Hadith Number 259. Narrated by Abu Juhaifa (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) cursed the lady who practices tattooing and the one who gets herself tattooed, and one who eats (takes) Riba' (usury) and the one who gives it. And he prohibited taking the price of a dog, and the money earned by prostitution, and cursed the makers of pictures. Hadith Number 260. Narrated by Abu Hurairah (Radhi Allahu Anhu): The Prophet (Sallallahu Alayhi wa Sallam) forbade taking the earnings of a slave girl by prostitution. Hadith Number 261. Narrated by Sa'id bin Jubair: I said to Ibn 'Umar (Radhi Allahu Anhuma), "If a man accuses his wife of illegal sexual intercourse (what is the judgment)?" He said, "Allah's Prophet (Sallallahu Alayhi wa Sallam) separated the couple of Bani 'Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet (Sallallahu Alayhi wa Sallam) said, 'Allah knows that one of you two is a liar; so will one of you repent?' But they refused. He then again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But they refused, whereupon he separated them by divorce." Aiyub (a sub-narrator) said: 'Amr bin Dinar said to me, "In the narration there is something which I do not see you mentioning, i.e. the husband said, "What about my money (Mahr)?' The Prophet (Sallallahu Alayhi wa Sallam) said, "You are not entitled to take back money, for if you told the truth you have already entered upon her (and consummated your marriage with her) and if you are a liar then you are less entitled to take it back. Hadith Number 262. Narrated by Ibn 'Umar (Radhi Allahu Anhuma): The Prophet (Sallallahu Alayhi wa Sallam) said to those who were involved in a case of Li’an, "Your accounts are with Allah. One of you two is a liar. You (husband) have right on her (wife)." The husband said, "My money, O Allah's Messenger!" The Prophet (Sallallahu Alayhi wa Sallam) said, "You are not entitled to take back any money. If you have told the truth, the Mahr that you paid, was for having sexual relations with her lawfully; and if you are a liar, then you are less entitled to get it back." | |
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| Subject: Re: Book Sixty Three – The Book on Divorce (Talaq) | |
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