Chapter 08-Divorce

1104. Ibn 'Umar narrated that the Messenger of Allah said, "There is no lawful matter which is more detested by Allah than divorce!' Related by AbuDawud and Ibn Majah al-Hakim graded it as Sahih.






1105. Ibn 'Umar narrated that he divorced his wife while she was menstruating during the lifetime of the Prophet 'Umar asked the Prophet about that and he said, "Let your son take her back and keep her in wedlock until her menstrual period ends and then wait until she has the next period and when it (the period) ends, if he wishes to keep her, he can do so and if he wishes to divorce her, he can do so before having sexual intercourse with her. This is the prescribed period that Allah has fixed for the woman to be divorced." Agreed upon.






1106. In a narration by Muslim, "Order him to take her back and then divorce her when she is (after the time of her period) either pure from menstruation or pregnant."






1107. In another version by Al-Bukhari, 'It was counted as one declaration of divorce (i.e. divorcing her while she is menstruating).'






1108. In a narration by Muslim, Ibn "Umar said (when he was asked him about the one who divorced his wife while she was having her menses), 'If you have made one or two declarations of divorce, Allah's Messenger commanded me to take her back and then wait until she has her next menses, and then wait until her period ends, and then divorce her before touching her (having sexual intercourse with her). But if you have pronounced the word
of divorce three times (at the same time), then you have disobeyed Allah and His Messenger in His command about divorcing your wife.'






1109. In another version, "Abdullah Ibn "Umar said, 'So he made her return to me and did not count this divorce (the one pronounced during her menses) and said, "When she is purified, he may divorce her or keep her."






1110. Ibn 'Abbas narrated, 'Threefold divorce (If one states three pronouncements of divorce at the same time) was counted
as only one divorce during the lifetime of the Prophet Abu Bakr and two years of the Caliphate of 'Umar . Then 'Urnar said,
'People have become hasty in a matter in which they used to take their time (i.e. divorce) before deciding on it. So, I wish if we implement it on them (count them as three divorces if they say at one time).' (320) So Umar implemented it. Related by Muslim.

320. He means it as a punishment to let them think it over first, before pronouncing divorce three times at the same time.








1111. Mahmud bin Labid narrated. 'The Messenger of Allah was told about a man who divorced his wife by making three pronouncements of divorce at the same time (threefold divorce). The Prophet got up very angrily and said, "Are you playing games with Allah's Book while I am among you?" A man got up and said, '0 Messenger of Allah, shall I kill him?' Narrated by An-Nasa'i with a sound chain of narrators.






1112. Ibn Abbas narrated, Abu Rukanah divorced his wife (irrevocably). The Messenger of Allah thereupon said to him, "Take your wife back." Abu Rukanah then said. 'I have divorced her three times.' The Messenger of Allah again said to him,"I know that. Take her back." Related by Abu Dawud.






1113. In a narration by Ahmad, 'Abu Rukanah divorced his wife irrevocably (by making three pronouncements of divorce) in one sitting. He then became very sad. The Messenger of Allah said to him, "It is considered as one(divorce)." There is a weak narrator in its chain.







1114. Abu Dawud narrated with a stronger chain of narrators, 'Rukanah divorced his wife Suhaymah irrevocably. (When he went to the Messenger of Allah he said, "By Allah, I only intended it to be one time (as one divorce)." The Messenger of Allah returned her to him.

1115. Abu Hurairah narrated that the Messenger of Allah said, "(There are) three things when they are taken seriously they are considered as serious and when taken in jest, they are still taken seriously. (They are) marriage, divorce and revocation (of divorce)." Related by the four Imams except for an-Nasa'i. Al-Hakim graded it as Sahih.






1116. In a narration by Ibn Adi with a weak chain of narrators, "(They are) divorce, manumitting and marriage."






1117. Al-Harith bin Abi Usamah narrated on the authority of 'Ubadah bin As-Samit that the Messenger of Allah said,
'It is not permissible to jest in three things: divorce, marriage and manumitting. Whoever mentioned them, they are binding." It is related with a weak chain of narrators.






1118. Abu Hurairah narrated that the Messenger of Allah said, "Allah the Almighty has forgiven for my Ummah (nation)
the thoughts that occur to their minds (what they speak within themselves), as long as they do not put them into action or express them verbally (utter them)." Agreed upon.






1119. Ibn 'Abbas narrated that the Messenger of Allah said, "Allah has forgiven my Ummah their (wrong actions) which are due to error or oblivion, and for what they do under coercion." Related by Ibn Majah and al-Hakim.





1120. Ibn Abbas narrated, 'If a man takes an oath that his wife is prohibited (unlawful) to him,(321) it is not to be considered as anything (i.e. not considered as a divorce). Verily you have a good example in the Messenger of Allah ' Related by Al-Bukhari.

321. Meaning he would not, touch her or have any sexual relationship with her.






1121. Ibn 'Abbas narrated, 'If a man takes an oath that his wife is prohibited (unlawful) to him, he should offer an expiation
for his oath.' Related by Muslim.






1122. A'ishah narrated, "When the daughter of Al-Jawn entered the presence of the Messenger of Allah and he went
near her, she said, 'I seek refuge in Allah from you.' He replied, 'You have sought refuge in the One Who is Great. Rejoin your kin. (322) Related by Al-Bukhari.

322- She was divorced in this case, as the Messenger of Allah meant to divorce her.







1123. Jabir narrated that the Messenger of Allah said, "No divorce is to be considered except after marriage (has taken place) (323) no emancipation is considered except after the actual owning (of the slave)." Related by Abu Ya'la, and al-Hakim graded it as Sahih but the Hadith is defective.

323.Such as a man saying that any woman I marry from that family or tribe will be divorced, even before he marries any of them. This is not eonsidered as a divorce as marriage has not yet taken place.






1124. Ibn Majah related the same narration on the authority of Al-Miswar bin Makhramah, with a reasonable chain of narrators, but it is also defective.







1125. 'Amro bin Shu'aib narrated on the authority of his father on the authority of his grandfather that the Messenger of Allah said,"No human being may make a vow about something which he does not possess, or emancipate someone who he does not possess, or divorce someone who is not his (wife)." Related by Abu Dawud and At-Tirmidhi who graded it Sahih. Al-Bukhari ommented that it is the most sound Hadith on
this subject.






1126. Aishah narrated that 'Allah's Messenger said, "There are three (people) who are not blamed for their actions.The sleeping person until he wakes up, the child until he becomes mature, and the insane person until he comes back to sanity or becomes conscious." Related by Ahmad and the four Imllms except for At-Tirmidhi. Al-Hakim graded it as Sahih.