Valid Talaq under Indian Law: Talaq-e-Ahesan | Legal Notice

How to give a valid Talaq under Indian law?

Valid Talaq under Indian Law: Talaq, also known as divorce, must be pronounced three times for it to be considered effective and valid. This legal process is categorized into three distinct types: the Ahsan, which is the most preferred method, requires that the talaq be pronounced over a period of three monthly cycles, allowing for a waiting period of 30 days before each instance, during which the couple can reflect and reconsider their decision in the presence of two witnesses. The second type is the Hasan, in which the talaq is pronounced on three separate days, providing the opportunity for the couple to reconcile; this can be done with or without witnesses, depending on the situation. Finally, there is the Bid’a, which refers to the practice of pronouncing all three talaqs at once or in a single instant, a method that is regarded as a criminal offence in India and has been banned by law due to its potentially harmful effects on the rights and well-being of women, emphasizing the legal system’s effort to protect individuals from arbitrary or hasty divorces. These distinctions highlight the complexities and nuances within the framework of Indian matrimonial law, aiming to ensure fairness and due process in the sensitive matter of divorce.

What is banned: uttering the words that gives divorce to her by saying ‘talaaq talaaq talaaq

On December 27, 2018 the Lok Sabha passed the historic instant triple talaq Bill, Muslim Women (Protection of Rights on Marriage) Act. (1) Under the law talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband is banned and criminalise u/s 3and 4 of the Act.

Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine (sec-4)

Under Section 3, a pronouncement of talaq (Biddat) by a Muslim husband upon his wife has been rendered void and illegal. Under Section 4, a Muslim husband who pronounces talaq upon his wife, as referred to in Section 3, is punishable with imprisonment for a term, which may extend to three years. The prohibition in Sections 3 and 4 is evidently one which operates in relation to a Muslim husband alone. This is supported by the Statement of Objects and Reasons accompanying the Muslim Women (Protection of Rights on Marriage) Bill 2019, when it was introduced in the Parliament. The reasons for the introduction of the bill specifically stated that the bill was to give effect to the ruling of this court in Shayara Bano v. Union of India [(2017) 9 SCC 1], and to “liberate‟ Muslim women from the customary practice of talaq-e-biddat (divorce by triple talaq) by Muslim men. (2)

How to get Bail when Talaq under Indian Law is Illegal and Void

Condition for granting Bail: no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage; is pronounced, is satisfied that there are reasonable grounds for granting bail to such person. ( Sec-7).

Two conditions follow. One of them is in the realm of procedure while the second is substantive. The former requires a hearing to be given to the married Muslim woman upon whom talaq has been pronounced. The latter requires the court to be “satisfied that there are reasonable grounds for granting bail to such person”. This substantive condition is only a recognition of something which is implicit in the judicial power to grant bail. No court will grant bail unless there are reasonable grounds to grant bail.

In Hema Mishra v. State of U.P. (2014) 4 SCC 453, this Court emphasized on the mandate of a constitutional court to protect the liberty of a person from being put in jeopardy on account of baseless charges. Apex Court held that a writ court is even empowered to grant anticipatory bail inspite of a statutory bar imposed against the grant of such relief.

The statutory text indicates that Section 7(c) does not impose an absolute bar to the grant of bail. On the contrary, the Magistrate may grant bail, if satisfied that “there are reasonable grounds for granting bail to such person” and upon complying with the requirement of hearing the married Muslim woman upon whom talaq is pronounced. Hence, though Section 7 begins with a non obstante clause which operates in relation to the CrPC (BNSS), a plain construction of Section 7(c) would indicate that it does not impose a fetter on the power of the Magistrate to grant bail, save and except, for the stipulation that before doing so, the married Muslim woman, upon whom talaq is pronounced, must be heard and there should be a satisfaction of the Magistrate of the existence of reasonable grounds for granting bail to the person. This implies that even while entertaining an application for grant of anticipatory bail for an offence under the Act, the competent court must hear the married Muslim woman who has made the complaint, as prescribed under Section 7(c) of the Act. Only after giving the married Muslim woman a hearing, can the competent court grant bail to the accused. (Rahna Jalal vs The State Of Kerala: SC 17 December, 2020).

The maximum punishment, provided for the offence under Section 4 of the Muslim Women (Protection of Right on Marriage) Act, 2019, is three years. If neither the police have requested for any custodial interrogation of the applicant, nor any other apprehension has been expressed in the status report, the bail application cannot be rejected as a matter of punishment, as accused is presumed to be innocent, till his guilty is proved, after the trial. No useful purpose would be served by sending the applicant in police/judicial custody.

Major Irrevocable Divorce

Major irrevocable divorce occurs when a man pronounces a third divorce (talaq) to his wife. Once this third talaq is issued, it is considered final, and the following conditions apply:

1. Separation: The couple is permanently separated and cannot return to each other unless specific conditions are met.
2. Remarriage Requirement: The wife must enter into a valid and genuine marriage with another man. This marriage must include consummation, meaning they must engage in sexual relations for it to be recognized as valid.
3. Subsequent Divorce: After consummating the second marriage, if the second husband decides to divorce her or if the marriage ends for any other reason, only then can she marry her first husband again.

This rule is intended to ensure that the process of remarriage is serious and not taken lightly, reflecting the gravity of the initial divorce.

O Prophet! If any of you divorce women, divorce them during their period of purity, and calculate their term. And be pious before God, your Lord. And do not evict them from their homes, nor shall they leave, unless they have committed a proven adultery. These are the limits of God—whoever oversteps God’s limits has wronged his own soul. You never know; God may afterwards bring about a new situation. (Valid Talaq under Indian Law Quranic Support, Sura 65.1)

Best way to give valid Talaq under Indian Law: To ensure that the process of Talaq is conducted in accordance with the provisions of Indian Law, it is essential to send three legal notices of Talaq, each spaced out over a period of 30 days, signed by two witnesses. This approach allows a cooling-off period and encourages reconciliation. In the event that the wife is not residing with her Muslim husband, these notices should also be copied to the local police and the Kazi to maintain transparency and record the process appropriately. Conversely, if the wife is living with her husband, a single pronouncement of “Talaq” should be made in the presence of two witnesses. It is important to ensure that this declaration occurs when the wife is not in her menstruation cycle, as such timing respects the religious and legal stipulations. Following this initial pronouncement, a one-month waiting period should ensue before the second Talaq is declared, further contributing to the procedural fairness of the process. Finally, after two months have elapsed, at the end of the third month, the husband is required to declare the third Talaq. This process, known as talaq-e-Ahesan, underscores a structured method that spans over 90 days, aiming to afford both parties ample time and space to reflect on their decision. Additionally, upon the final pronouncement of Talaq, the husband must promptly pay the agreed-upon dowry, known as “den mohar,” to his wife, thereby ensuring her financial security and upholding his responsibilities.

Valid Talaq under Indian Law: Talaq-e-ahesan in Saria

The Book of Divorce (Kitab Al-Talaq): Sahih Muslim, Book : 9

Chapter 1 : IT IS FORBIDDEN TO DIVORCE THE WOMAN DURING HER MENSES

Book 9, Number 3473:
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 (‘ldda) which God, the Exalted and Glorious, has commanded for the divorce of women. ( Support Valid Talaq under Indian Law)

Book 9, Number 3474:
Abdullah (b.’Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah’s Messenger (may peace be upon him) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses.And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the ‘Idda which Allah had commanded for the divorce of women.Ibn Rumh in his narration made this addition: When ‘Abdullah was asked about it, he said to one of them: If you have divorced your wife with one pronouncement or two (then you can take her back), for Allah’s Messenger (may peace be upon him) commanded me to do it; but if you have divorced her with three pronouncements, then she is forbidden for you until she married another husband, and you disobeyed Allah in regard to the divorce of your wife what He had commanded you. (Muslim said: The word “one divorce” used by Laith is good.)

Book 9, Number 3475:
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.

Book 9, Number 3476:
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’.

Book 9, Number 3477:
Ibn ‘Umar (Allah be pleased with them) reported that he divorced his wife during the period of menses. ‘Umar (Allah be, pleas’ed with him) asked Allah’s Apostle (may peace be upon him), and he commanded him (‘Abdullah b. ‘Umar) to have her back and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, then divorce her (finally) before touching her (having a sexual intercourse with her), for that is the prescribed period which Allah commanded (to be kept in view) for divorcing the women.When Ibn ‘Umar (Allah be pleased with them) was asked about the person who divorces his wife in the state of menses, he said: If you pronounced one divorce or two, Allah’s Messenger (may peace be upon him) had commanded him to take her back, and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, and then divorce her (finally) before touching her (having a sexual intercourse with her); and if you have pronounced (three divorces at one and the same time) you have in fact disobeyed your Lord with regard to what He commanded you about divorcing your wife.But she is however (finally separated from you).

Book 9, Number 3478:
Abdullah b. ‘Umar (Allah be pleased with them) reported: I divorced my wife while she was in the state of menses.’Umar (Allah be pleased with him) made mention of it to Allah’s Apostle (may peace be upon him) and he was enraged and he said: Command him to take her back until she enters the second ensuing menses other than the one in which he divorced her and in case he deems proper to divorce her, he should pronounce divorce (finally) before touching her (in the period) when she is purified of her menses, and that is the prescribed period in regard to divorce as Allah has commanded.’Abdullah made a pronouncement of one divorce and it was counted in case of divorce.’Abdullah took her back as Allah’s Messenger (may peace be upon him) had commanded him.A hadith like this was reported on the authority of Zuhri with the same chain of narrators.Ibn Umar (Allah be pleased with them), however, said: I took her back, and counted this pronouncement of divorce (as valid) with which I divorced her.

Book 9, Number 3479:
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.

Book 9, Number 3480:
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.

Book 9, Number 3481:
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 ?

Book 9, Number 3482:
A hadith like this has been transmitted on the authority of Ayyub with a slight variation of words.

Book 9, Number 3483:
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. (Valid Talaq under Indian Law)

Book 9, Number 3484:
Yunus b. Jubair reported: I said to Ibn’Umar (Allah be pleased with them): A person divorcedhis 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 hopless or foolish?

Book 9, Number 3485:
Ibn ‘Umar (Allah be pleased with them) reported: I divorced my wife while she was in the state of menses. ‘Umar (Allah he pleased wish him) came toAllah’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 be 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?

Book 9, Number 3486:
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 I 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?

Book 9, Number 3487:
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. (Valid Talaq under Indian Law)

Book 9, Number 3488:
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 jn 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.

Book 9, Number 3489:
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).

Chapter 2: PRONOUNCEMENT OF THREE DIVORCES

Book 9, Number 3491:
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.

Book 9, Number 3492:
Abu Sahba’ said toIbn ‘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. (Valid Talaq under Indian Law)

Book 9, Number 3493:
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 ESSENTIAL FOR ONE WHO MADE HIS WIFE UNLAWFUL FOR HIMSELF WITHOUT THE INTENTION OF DIVORCE

Book 9, Number 3494:
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.

Book 9, Number 3495:
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.

Book 9, Number 3496:
‘A’isha (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 (‘A’isha 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 (‘A’isha 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.

Book 9, Number 3497:
‘A’isha (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 (‘A’isha) 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

Book 9, Number 3498:
‘A’isha (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 (‘A’isha) said: Then all the wives of Allah’s Messenger (may peace be upon him) did as I had done.

Book 9, Number 3499:
‘A’isha (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.

Book 9, Number 3500:
‘A’isha reported: Allah’s Messenger (may peace be upon him) gave us the option (to get divorce) but we did not deem it as divorce.

Book 9, Number 3501:
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 ‘A’isha (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.)

Book 9, Number 3502:
‘A’isha reported that Allah’s Messenger (may peace be upon him) gave option to his wives, but it was not a divorce.

Book 9, Number 3503:
‘A’isha (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.

Book 9, Number 3504:
‘A’isha (Allah be pleased with her) reported: Allah’s Messeinger (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.

Book 9, Number 3506:
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 ofKhadija when you asked me some money, and I got up and slapped her on her neck.Allah’s Messenger (mav 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 ‘A’isha (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 ‘A’isha (Allah be pleased with her) and said: I want to propound something to you, ‘A’isha, 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

Book 9, Number 3507:
‘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)?Shesaid: 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: 0 Rabah, seek permission for me from Allah’s Messenger (way 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 nothig. I then raised my voice and said: 0 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 th(t 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 Piophet), and he said: Ibn Khattab, what wakes 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 youhave 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 (way 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).

Book 9, Number 3508:
Abdullah b. Abbas (Allah be pleased with tlicm) reported: I intended to ask ‘Umar b. al-Khattab (Allah be pleased with him) about a verse, but I waited for one year to ask him out of his fear, until he went out for Pilgrimage and I also accompanied him.As he came back and we were on the way he stepped aside towards an Arak tree to ease himself.I waited for him until he was free. I then walked along with him and said: Commander of the Faithful, who are the two among the wives of Allah’s Messenger (may peace be upon him) who backed up one another (in their demand for extra money)?He said: They were Hafsa and ‘A’isha (Allah be pleased with them).I said to him: It is for one year that I intended to ask you about this matter but I could not date so on account of the awe for you.He said: Don’t do that.If you think that I have any knowledge, do ask me about that.And if I were to know that, I would inform you. He (the narrator) stated that ‘Umar had said: By Allah, during the days of ignorance we had no regard for women until Allah the Exalt- ed revealed about them what He has revealed, and appointed (turn) for them what he appointed.He said: It so happened that I was thinking about some matter that my wife said: I wish you had done that and that.I said to her: It does not concern you and you should not feel disturbed in a matter which I intend to do.She said to me: How strange is it that you, O son of Khattab, do not like anyone to retort upon you, whereas your daughter retorts upon Allah’s Messenger (may peace be upou him) until he spends the day in vexation.’Umar said: I took hold of my cloak, then came out of my house until I visited Hafsa and said to her: O daughter, (I heard) that you retort upon Allah’s Messenger (may peace be upon him) until he spends the day in vexation, whereupon Hafsa said: By Allah, we do retort upon him.I said: You should bear in mind, my daughter, that I warn you against the punishment of Allah and the wrath of His Messenger (may peace be upon him).You may not be misled by one whose beauty has fascinated her, and the love of Allah’s Messenger (may peace be upon him) for her.I (‘Umar) then visited Umm Salama because of my relationship with her and I talked to her.Umm Salama said to me: Umar b. al-Khattab, how strange is it that you meddle with every matter so much so that you are anxious to interfere between Allah’s Messenger (may peace be upon him) and his wives, and this perturbed me so much that I refrained from saying what I had to say, so I came out of her apartment, and I had a friend from the Anar.When I had been absent (from the company of the Holy Prophet) he used to bring me the news and when he had been absent I used to bring him the news, and at that time we dreaded a king of Ghassan. It was mentioned to us that he intended to attack us, and our minds were haunted by him. My friend, the Ansari, came to me, and he knocked at the door and said: Open it, open it. I said: Has the Ghassani come?He said: (The matter is) more serious than that.The Messenger of Allah (may peace be upon him) has separated himself from his wives.I said: Let the nose of Hafsa and ‘A’isha be besmeared with dust.I then took hold of my cloth and went out until I came and found Allah’s Messenger (may peace be upon him) in his attic to which he climbed by means of a ladder made of date-palm, and the servant of Allah’s Messenger (may peace be upon him) who was black had been sitting at the end of the ladder.I said: This is Umar. So permission was granted to me.I narrated this news to Allah’s Messenger (may peace be upon him) and as I narrated the news concerning Umm Salama, Allah’s Messenger (may peace be upon him) smiled.He was lying on the mat and there was nothing between him and that (mat), and under his head there was a pillow made of leather and it was stuffed with plam fibres and at his feet were lying a heap of sant tree (acacia niloctica, meant for dyeing) and near his head there was hanging a hide.And I saw the marks of the maton the side of Allah’s Messenger (may peace be upon him), and so I wept.He said: What makes you weep? I said: Messenger of Allah, the Khusrau and the Ceasars (spendd 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.

Book 9, Number 3509:
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.

Book 9, Number 3510:
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 [may peace be upon him] 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 ‘A’isha and Hafsa.

Book 9, Number 3511:
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 Lim) 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 hiyn) 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 ‘A’isha; 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 Aledina 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 ‘A’isha) (Allah be pleased with her).He (Hadrat ‘Umar further) said: I had a compalaion 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.Id y 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 then 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 dily 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 Allahupon her due to the wrath of Allah’s Messenger (may peace be upon him), and she has certainly perished.Allah’s Messtnger (may peace be upon him) smiled, I said: Messenger of Allah, I visited Hafsa and said: (The behaviour) of your companion (‘A’isha) 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 ‘A’Isha (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: ‘A’isha, 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). ‘A’isha (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 ‘A’isha 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

Book 9, Number 3512:
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 yon 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).

Book 9, Number 3513:
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.

Book 9, Number 3514:
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 he 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).

Book 9, Number 3515:
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.

Book 9, Number 3516:
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.

Book 9, Number 3517:
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 ‘A’isha objected to (the words of) Fatima bint Qais.This hadith has been transmitted through another chain of narrators.

Book 9, Number 3518:
‘Ubaidullah b. ‘Abdullah b. ‘Utba reported that ‘Amr b. Hafs b. al-Mughira set out along with ‘Ali b. Abi Talib (Allah be pleased with him) to the Yemen and sent to his wife the one pronouncement of divorce which was still left from the (irrevocable) divorce; and he commanded al-Harith b. Hisham and ‘Ayyash b. Abu Rabi’a to give her maintenance allowance.They said to her: By Allah, there is no maintenance allowance for you, except in case you are pregnant.She came to Allah’s Apostle (may peace he upon him) and mentioned their opinion to him, whereupon he said: There is no maintenance allowance for you.Then she sought permission to move (to another place), and he (the Holy Prophet) permitted her.She said: Allah’s Messenger, where (should I go)?He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garmeqts in his presence and he would not see her.And when her ‘Idda was over. Allah’s Apostle (may peace be upon him) married her to Usama b. Zaid.Marwan (the governor of Medina) sent Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him, whereupon Marwan said: We have not heard this hadith but from a woman.We would adopt a safe (path) where we found the people.Fatima said that when these words of, Marwan were conveyed to her.There is between me and you the word of Allah,the Exalted and Majestic: Do “not turn them out”of their houses.She asserted: This is in regard to the revocable divorce what new (turn can the event take) after three pronouncements (separation between irrevocable).Why do you say there is no maintenance allowance for her if she is not pregnant ? Then on what ground do you restrain her ?

Book 9, Number 3519:
Sha’bi reported: I visited Fatima bint Qais and asked her about the verdict of Allah’s Messenger (may peace be upon him) about (board and lodging during the ‘Idda) and she said that her husband divorced her with an irrevocable divorce. She (further.said): I contended with him before Allah’s Messerger (may peace be upon him) about lodging and maintenance allowance, and she said: He did not provide me with any lodging or maintenance allowance, and he commanded me to spend the ‘Idda in the house of Ibn Umm Maktum.

Book 9, Number 3520:
A hadith like this has been trarismitted on the authority of Hushaim through another chain of narrators.

Book 9, Number 3521:
Sha’bi reported: We visited Fitima hint Qais and she served us fresh dates and a drink of barley flour, and I asked where should a woman who has been divorced by three pronouncements, spend the period of her ‘Idda.She said: My husband divorced me with three pronouncements, and Allah’s Apostle (may peace be upon him) permitted me to spend my ‘Idda period in my family (with my parents).

Book 9, Number 3522:
Fatima bint Qais (Allah be pleased with her) reported from Allah’s Messenger (may peace be upon him) that there is no lodging and maintenance allowance for a woman who has been given irrevocable divorce.

Book 9, Number 3523:
Fatima bint Qais (Allah be pleased with her) reported: My husband divorced me with three pronouncements.I decided to move (from his house to another place).So I came to Allah’s Messenger (may peace be upon him), and he said: Move to the house of your cousin ‘Amr b. Umm Maktum and spend your period of ‘Idda there.

Book 9, Number 3524:
Abu Ishaq reported: I was with al-Aswad b. Yazid sitting in the great mosque, and there was with us al-Sha’bi, and he narrated the narration of Fatima bint Qais (Allah be pleased with her) that Allah’s Messenger (may peace be upon him) did not make any provision for lodging and maintenance allowance for her.Al-Aswad caught hold of some pebbles in his fist and he threw them towards him saying: Woe be to thee, you narrate like it, whereas Umar said: We cannot abandon the Book of Allah and the Sunnah of our Apostle (may peace be upon him) for the words of a woman.We do not know whether she remembers that or she forgets.For her, there is a provision of lodging and maintenance allowance.Allah, the Exalted and Majestic, said: “Turn them not from their houses nor should they themselves go forth unless they commit an open indecency” (lxv. 1).

Book 9, Number 3525:
A hadith like this has been narrated on the authority of Ishaq with the same chain of transmitters.

Book 9, Number 3526:
Fatima bint Qais (Allah be pleased with her) reported that her husband divorced her with three, pronouncements and Allah’s Messenger (may peace be upon him) made no provision for her lodging and maintenance allowance.She (further said): Allah’s Messenger (may peace be upon him) said to me: When your period of ‘Idda is over, inform me.So I informed him. (By that time) Mu’awiya, Abu Jahm and Usama b. Zaid had given her the proposal of marriage.Allah’s Messenger (may peace be upon him) said: So far as Mu’awiya is concerned, he is a poor man without any property.So far as Abu Jahm is concerned, he is a great beater of women, but Usama b. Zaid … She pointed with her hand (that she did not approve of the idea of marrying) Usama.But Allah’s Messenger (may peace be upon himn) said: Obedience to Allah and obedience to His Messenger is better for thee.She said: So I married him, and I became an object of envy.

Book 9, Number 3527:
Fatima bint Qais (Allah be pleased with her) reported: My husband Abu ‘Amr b. Hafs b. al-Mughira sent ‘Ayyish b. Abu Rabi’a to me with a divorce, and he also sent through him five si’s of dates and five si’s of barley.I said: Is there no maintenance allowance for me but only this, and I cannot even spend my ‘Idda period in your house?He said: No. She said: I dressed myself and came to Allah’s Messenger (may peace be upon him).He said: How many pronouncements of divorce have been made for you?I said: Three.He said what he (‘Ayyish b. Abu Rabi’a) had stated was true.There is no maintenance allowance for you.Spend ‘Idda period in the house of your cousin, Ibn Umm Maktum.He is blind and you can put off your garment in his presence.And when you have spent your Idda period, you inform me. She said: Mu’awiya and Abu’l-Jahm (Allah be pleased with them) were among those who had given me the proposal of marriage.Thereupon Allah’s Apostle (may peace be upon him) said: Mu’awiya is destitute and in poor condition and Abu’l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).

Book 9, Number 3528:
Abu Bakr b. Abu’l-Jahm reported: I and Abu Salama b ‘Abd al-Rahman came to fatima bint Qais (Al!ah be pleased with her) and asked her (about divorce, etc.). She said: I was the wife of Abu ‘Amr b. Hafs b. al-Mughira, and he set out to join the battle of Najran. The rest of the hadith is the same, but he made this addition: “She said: I married him and Allah hornoured me on account of Ibn Zaid and Allah favoured me because of him.”

Book 9, Number 3529:
Abu Bakr reported: I and Abu Salama came to Fatima bint Qais (Allah be pleased with her) during the time of Ibn Zubair (Allah be pleased with him) and she narrated to us that her husband gave her an irrevocable divorce. (The rest of the hadith is the same.)

Book 9, Number 3530:
Fatima bint Qais (Allah be pleased with her) reported: My husband divorced me with three pronouncements and Allah’s Messenger (may peace be upon him) made no provision for lodging and maintenance allowance.

Book 9, Number 3531:
Hisham reported on the authority of his father that Yahya b. Sa’id b. al-‘As married the daughter of ‘Abd al-Rahman b. al-Hakam, and he divorced her and he turned her out from his house.’Urwa (Allah be -pleased with him) criticised this (action) of theirs (the members of the family of her in-laws).They said: Verily, Fatima too went out (of her in-laws’ house).’Urwa said: I came to ‘A’isha (Allah be pleased with her) and told her about it and she said: There is no good for Fatima bint Qais (Allah be pleased with her) in making mention of it.

Book 9, Number 3532:
Fatima bint Qais (Allah be pleased with her) reported that she said: Allah’s Messenger, my husband has divorcee me with three pronouncements and I am afraid that I may be put to hardship, and so he commanded her and so she moved (to another house).

Book 9, Number 3533:
‘A’isha (Allah be pleased with her) said: It is no good for Fatima to make mention of it, i.e. her statement: ” There is no lodging and maintenance allowance (for the divorced women).”

Book 9, Number 3534:
Ibn al-Qasim narrated on the authority of his father that ‘Urwa b. Zubair (Allah be pleased with him) said to ‘A’isha (Allah be pleased with her): Didn’t you see that such and such daughter of al-Hakam was divorced by her husband with an irrevocable divorce, and she left (the house of her husband) ? Thereupon ‘A’isha (Allah be pleased with her) said: It was bad that she did.He ( Urwa) said: Have you not heard the words of Fatima?Thereupon she said : There if no good for her in making mention of it.

Chapter 7 : ONE WHO IS DIVORCED BY THREE PRONOUNCEMENTS OR WHOSE HUSBAND HAS DIED CAN GET OUT OF HER HOUSE FOR A NEED DURING HER PERIOD OF ‘IDDA

Book 9, Number 3535:
Jabir b. ‘Abdullah (Allah be pleased with them) reported: My maternal aunt was divorced, and she intended to pluck her dates.A person scolded her for having come out (during the period of ‘Idda).She came to Allah’s Prophet (may peace be upon him.) and he said: Certainly you can pluck (dates) from your palm trees, for perhaps you may give charity or do an act of kindness.

Chapter 8 : THE PERIOD OF ‘IDDA COMES TO AN END WITH THE BIRTH OF THE CHILD
Book 9, Number 3536:
‘Ubaidullah b. ‘Abdullah b. ‘Utba (b. Mas’ud) reported that his father wrote to Umar b. ‘Abdullah b al Arqam al-Zuhri that he would go to Subai’ah bint al-Hirith al-Aslamiyya (Allah be pleased with her) and ask her about a verdict from him which Allah’s Messenger (may peace be upon him) gave her when she had asked that from him (in regard to the termination of ‘Idda at the birth of a child) ‘Umar b. Abdullah wrote to ‘Abdullah b.’Utba informing him that Subai’ah had told him that she had been married to Sa’d b. Khaula and he belonged to the tribe of Amir b. Lu’ayy, and was one of those who participated in the Battle of Badr, and he died in the Farewell Pilgrimage and she had been in the family way at that time.And much time had not elapsed that she gave birth to a child after his death and when she was free from the effects of childbirth she embellished herself for those who had to give proposals of marriage.Abd al-Sunabil b. Ba’kak (from Banu ‘Abd al-Dar) came to her and said: What is this that I see you embellished ; perhaps you are inclined to marry, By Allah, you cannot marry unless four months and ten days (of ‘Idda are passed). When he said that. I dressed myself, and as it was evening I came to Allah’s Messenger (may peace be upon him) and asked him about it, and he gave me a religious verdict that I was allowed to marry when I had given birth to a child and asked me to marry if I so liked.Ibn Shihab said: I do not find any harm fur her in marrying when she has given birth to a child even when she is bleeding (after the birth of the child) except that her husband should not go near her until she is purified.

Book 9, Number 3537:
Abu Salama b. ‘Abd al-Rahman and Ibn ‘Abbas.(Allah be pleased with them) got together in the house of Abu Huraira (Allah be pleased with him) and began to discuss about the woman who gave birth to a child a few nights after the death of her husband.Ibn ‘Abbas (Allah be pleased with then)) said: Her ‘Idda is that period which is longer of the two (between four months and ten days and the birth of the child, whichever is longer).AbuSalama,however said: Her period of ‘Idda is over (with the birth of the child), and they were contending with each other over this issue, whereupon Abu Huraira (Allah be pleased with him) said: I subscribe (to the view) held by my nephew (i.e. Abu Salama). They sent Kuraib (the freed slave of Ibn ‘Abbas) to Umm Salama to ask her about it.He came (back) to them and informed them that Umm Salama (Allah be pleased with her) said that Subai’ah al-Aslamiyya gave birth to a child after the death of her husband when the few flights (had hardly) passed and she made mention of that to Allah’s Messenger (may peace be upon him) and he commanded her to marry.

Book 9, Number 3538:
This hadith has been narated with the same chain of transrmitters except with a small change of words (and that is): They sent him to Umm Salama, but no mention was made of Kuraib.

Chapter 9 :IT IS OBLIGATORY TO ABSTAIN FROM ADORNMENT DURING THE ‘IDDA PERIOD, BUT MOURNING BEYOND THREE DAYS IS PROHIBITED

Book 9, Number 3539:
Zainab (bint Abu Salama) (Allah be pleased with her) reported: I went to Umm Habiba, the wife of Allah’s Apostle (may peace be upon him), when her father Abu Sufyan had died.Umm Habiba sent for a perfume having yellowness in it or something else like it, and she applied it to a girl and then rubbed it on her cheeks and then said: By Allah, I need no perfume but for the fact that I heard Allah’s Messenger (may peace be upon him) say on the pulpit: “It is not permissible for a woman believing in Allah and the Hereafter to mourn for the dead beyond three days, but (in case of the death) of the husband it is permissible for four months and ten days.” Zainab said: I then visited Zainab hint Jahsh (Allah be pleased with her) when her brother died and she sent for perfume and applied it and then said: By Allah, I don’t feel any need for the perfume but that I heard Allah’s Messenger (may peace be upon him) say on the pulpit: “It is not permissible for a woman believing in Allah and the Hereafbler to mourn the dead beyond three days except in case of her husband (for whom she can mourn) for four months and ten days.” Zainab (Allah be pleased with her) said: I heard my mother Umm Salama (Allah be pleased with her) as saying: A woman came to Allah’s Messenger (may peace be upon him) and said: Allah’s Messenger.I have a daughter whose husband has died and there has developed some trouble in her eye; should we apply collyrium to it?Thereupon Allah’s Messenger (may peace be upon him) said: No (repeating it twice or thrice, saying only ,NO” all the time).Then he said: It is only four mouths and ten days, whereas in the preIslamic period none of you threw away the dung until one year had passed.Humaid said: I said to Zainab: What is this throwing of dung until a year is passed? Zainab said: When the husband of a woman died, she went into a hut and put on her worst clothes, and did not apply perfume or something like it until a year was over.Then an animal like a donkey, or a goat, or a bird was brought to her and she rubbed her hand over it, and it so happened that one on which she rubbed her hand died.She then came out of her house and she was given dung and she threw it and then she made use of anything like perfume or something else as she liked.

Book 9, Number 3540:
Zainab bint Umm Salama (Allah be pleased with her) reported that a relative of Umm Habiba (Allah he pleased with her) died. She sent for a yellow (perfume) and applied that to her forearm and said: I, am doing it, for I have heard Allah’s Messenger (may peace be upon him) saying: It is not permissible for a woman believing in Allah and the Hereafter to mourn beyond three days except the husband (for whom she can mourn) for four months and ten days, This hadith was narrated by Zainab from her mother and from Zainab, the wife of Allah’s Apostle (may peace be upon him), or from some other lady from among the wives of the Prophet (may peace be upon him).

Book 9, Number 3541:
Zainab bint Umm Salama (Allah be pleased with her) reported on the authority of her mother that a woman lost her husband. (As her eyes were ailing) they (her kith and kin) entertained fear about her eyes, so they came to Allah’s Apostle (may peace be upon him) and sought permission for the use of collyrium, whereupon Allah’s Messenger (may peace be upon him) said: One among you used to spend one year in a dungeon dressed in worst clothes. (And at the end of this period) she threw dung at the dog which happened to pass that way and then she came out (of her ‘Idda). Can’t she (wait) even for four months and ten days?

Book 9, Number 3542:
Humaid b. Nafi’ narrated two traditions from Umm Salama dealing with collyrium and the other hadith from the wives of Allah’s Prophet (may peace be upon him) except with this that no mention was made of Zainab.

Book 9, Number 3543:
Zainab bint Abu Salama reported: Umm Salama and Umm Habiba (Allah be pleased with them) were talking with each other (and saying) that a woman came to Allah’s Messenger (may peace be upon him) and mentioned to him that her daughter had lost her husband, and her eyes were sore and she wnted to use collyrium, whereupon Allah’s Messenger (may peace be upon him) said: One among you used to throw dung at the end of a year, and now (this abstinence from adornment) is only for four months and ten days.

Book 9, Number 3544:
Zainab bint Abu Salama reported that when the news of the death of Abu Safyan came to Umm Habiba she sent for yellow (perfume) on the third day and rubbed it on her forearms and on her cheeks and said: I had in fact no need of it, but I heard Allah’s Messenger (may peace be upon him) as saying: It is not permissible for the women believing in Allah and the Hereafter to abstain from adornment beyond three days except (at the death of) husband (in which case she must abstain from adornment) for four months and ten days.

Book 9, Number 3545:
Safiyya bint Abu ‘Ubaid reported on the authority of Hafsa or ‘A’isha (Allah be pleased with thein) or from both of them that Allah’s Messenger (may peace he upon him) said: It is not permissible for a woman believing in Allah and the Hereafter (or believing in Allah and His Messenger) that she should observe mourning for the dead beyond three days except in case of her husband.

Book 9, Number 3546:
A hadith like this is transmitted on the authority of Nafi’

Book 9, Number 3547:
Safiyya bint Abu ‘Ubaid reported that she heard Hafsa daughter of Umar (Allah be pleased with them), (and) wife of Allah’s Prophet (may peace be upon him), narrating a hadith like this from Allah’s Apostle (may peace be upon him), and she made this addition: “She should abstain from adorning herself (in case of the death of her husband) for four months and ten days.”

Book 9, Number 3548:
Safiyya bint Abu ‘Ubaid narrated this tradition of Allah’s Prophet (may peace be upon him) on the authority of some wives of Allah’s Apostle (may peace be upon him)

Book 9, Number 3549:
‘A’isha (Allah be pleased with her) reported Allah’s Messenger (may peace be upon him) as saying: It is not permissible for a woman believing in Allah and the Hereafter to observe mourning on the dead for more than three (days), except in case of her husband.

Book 9, Number 3550:
Umm ‘Atiyya (Allah be pleased with her) reported that Allah’s Messenger (may peace be upon him) had said: A woman must not observe mouriaing for one who had died for more than three (days) except for four months and ten days in the case of her husband. and she must not wear a dyed garment except one of the types made of dyed yarn, or apply collyrium, or touch perfume except a little perfume or incense, when she has been purified after her courses.

Book 9, Number 3551:
A hadith like this has been narrated on the authority of Hisham with the same chain of narrators but with a slight variation of words.

Book 9, Number 3552:
Umm ‘Atiyya (‘Allah be pleased with her) said: We were forbidden to observe mourning for the dead beyond three days except in the case of husband (where it is permissible) for four months and ten days, and (that during this period) we should neither use collyrium nor touch perfume, nor wear dyed clothes, but concession was given to a woman when one of us was purified of our courses to make use of a little incense or scent.

Chapter 10 :LI’AN (INVOKING CURSE)

Book 9, Number 3553:
Sahl b. Sa’d al-Sa’idi reported that’Uwaimir al-‘Ajlani came to ‘Asim b. ‘Adi al-Ansari and said to him. Tell me about a person who finds a man with his wife; should he kill him, and be killed In retaliation; or how should he act? ‘Asim, ask for me (religious verdict about it) from Allah’s Messenger (may peace be upon him).So ‘Asim asked Allah’s Messenger (may peace be upon him) and he did not like this question and he disapproved of it so much that’Asim felt aggrieved at what he had heard from Allah’s Messenger (may peace be upon him).When ‘Asim came back to his family, ‘Uwaimir came to him and said: ‘Asim, what did Allah’s Messenger (may peace be upon him) say to you?’Asim said to ‘Uwaimir: You did not bring something good.Allah’s Messenger (may peace be upon him) did not like this religious verdict that I sought from him. ‘Uwaimir said: By Allah, I will not rest until I have asked him about it.’Uwaimir proceeded until he came to Allah’s Messenger (may peace be upon him) as he was sitting amidst people, and said: Messenger of Allah, tell me about a person who found a man with his wife.Should he kill him, and then you would kill him, or how should he act?Thereupon Allah’s Messenger (may peace be upon him) said: (Verses) have been revealed concerning you and your wife; so go and bring her.Sahl said that they both invoked curses (and further said): I was along with people in the company of Allah’s Messenger (may peace be upon him).And when they had finished, Uwaimir said: Allah’s Messenger, I shall have told a lie against her if I keep her (now).So he divorced her with three pronouncements before Allah’s Messenger (may peace be upon him) had commanded him.Ibn Shihab said: Subsequently that was the practice of invokers of curses (al Mutala’inain)

Book 9, Number 3554:
Sahl b. Sa’d reported.. ‘Uwaimir al-Ansari (Allah be pleased with him) from Banu’l-‘Ajlan came to ‘Asim b. ‘Adi (Allah be pleased with him) the remaining part of the hadith is the same and it was also reecorded in it: “And subsequebtly the separation became the practice of al-Mutala’inain.” And this addition was also made: “She was pregnant and her son was ascribed to her, and it became customary that such (a son) would inherit her and she would inherit him in the share prescribed by Allah for her.

Book 9, Number 3555:
Ibn Shihab narrated about the invokers of curses and the practice of (li’an) based on the authority of Sahl b. Sa’d, of the tribe of Sa’ida. that a person from the Ansar came to Allah’s Apostle (may peace be upon him) and said: Allah’s Messenger, tell me about the person who found a man with his wife.The remaining part of the hadith is the same (but) with this addition: They invoked curses in the mosque and I was present there.And he narrated in the hadith: He divorced her with three pronouncements before Allah’s Messenger (may peace be upon him) commanded him (to get separation).He separated from her in the presence of Allah’s Apostle (may peace be upon him), whereupon he said: There is a separation between the invokers of curses.

Book 9, Number 3556:
Sa’id b Jubair reported: I was asked about the invokers of curses during the reign of Mus’ab (b.Zubair) whether they could separate (themselves by this process). He said: I did not understand what to say.So I went to the house of Ibn ‘Umar (Allah be pleased with them) in Mecca.I said to his servant: Seek permission for Me. He said that he (Ibn ‘Umar) had been taking rest.He (Ibn ‘Umar) heard my voice. and said: Are you Ibn Jubair?I said: Yes.He’said: Come in.By Allah, it must be some (great) need which has brought you here at this Hour.So I got in and found him lying on a blanket reclining against a pillow stuffed with fibres of date-palm. I said: O Abu’Abd al-Rahman, should there be separation between the invokers of curses? He said: Hallowed be Allah, yes,The first one who asked about it was so and so. he said: Messenger of Allah, tell me If one of us finds his wife committing adultery: what should he do?If he talks, that is something great, and if he keeps quiet that is also (something great) (which he cannot afford to do).Allah’s Prophet (may peace be upon him) kept quiet (or some time). After some time he (that very person) came to him (Allah’s Messenger) and said: I have been involved in that very cage about which I had asked you Allah the Exalted and Majestic then revealed (these) verses of Surah Nur: “Those who accuse their wives” (verse 6), and he (the Holy Prophet) recited them to him and admonished him, and exhorted him and informed him that the torment of the world is less painful than the torment of the Hereafter.He said: No, by Him Who sent you with Truth, I did not tell a lie against her.He (the Holy Prophet) then called her (the wife of that person who had accused her) and admonished her, and exhorted her, and informed her that the torment of this world is less painful than the torment of the Hereafter.She said: No, by Him Who sent thee with Truth, he is a liar. (it was) the man who started the swearing of oath and he swore in the name of Allah four times that he was among the truthful. and at the fifth turn he said: Let there be curse of Allah upon him if he were among the liars.Then the woman was called and she swore four times in the name of Allah that he (her husband) was among the liars, and at the fifth time (she said): Let there be curse upon her if he were among the truthful.He (the Holy Prophet) then effected separation between the two.A hadith like this is narrated by Ibn Numair with a slight variation of words.

Book 9, Number 3557:
Ibn Umar (Allah be pleased with them) reported Allah’s Messenger (may peace be upon him) saying to the invokers of curse: Your account is with Allah. One of you must be a liar.You have now no right over this woman.He said: Messenger of Allah, what about my wealth (dower that I paid her at the time of marriage)? He said: You have no claim to wealth.If you tell the truth, it (dower) is the recompense for your having had the right to intercourse with her, and if you tell a lie against her, it is still more remote from you than she is. Zuhair said in his narration: Sufyan reported to us on the authority of ‘Amr that he had heard Sa’id b Jubair saying: I heard Ibn Umar (Allah be pleased with them) saying that Allah’s Messenger (may peace be upon him) had said it.

Book 9, Number 3558:
Ibn ‘Umar (Allah be pleased with them) said that Allah’s Messenger (may peace be upon him) effected separation between the two members of Banu al-‘Ajlan, and said: Allah knows that one of you is a liar.Is there one to repent among you?

Book 9, Number 3559:
Sa’id b. Jubair reported: I asked Ibn ‘Umar (Allah be pleased with them) about invoking curse (li’an), and he narrated Similarly from Allah’s Apostle (may peace be upon him).

Book 9, Number 3560:
Sa’id b. Jubair reported that Mus’ab b. Zubair did not effect separation between the Mutala’inain (invokers of curses).Sa’id said: It was mentioned to ‘Abdullah b. Umar (Allah be pleased with them) and he said: Allah’s Apostle (may peace be upon him) effected separation between the two members of Banu al-‘Ajlan.

Book 9, Number 3561:
Nafi’ reported on the authority of Ibn Umar (Allah be pleased with them) that a person invoked curse on the wife during the lifetime of Allah s Messenger (may peace be upon him), so he effected separation between them and traced the lineage of the son to his mother.

Book 9, Number 3562:
Ibn ‘Umar (Allah be pleased with them) reported: Allah’s Messenger (may peace be upon him) asked a person from the Anger and his wife to invoke curse (upon one another in order to testify to their truthfulness), and then effected separation between them.

Book 9, Number 3563:
A hadith like this has been narrated on the authority of ‘Ubaidulah with the same chain of transmitters.

Book 9, Number 3564:
‘Abdullah reported: We were on the night of Friday staying in the mosque when a person from the Ansar came there and said: If a person finds hiswoman along with a man, and he speaks about it, you would lash him, and if he kills, you will kill him, and if he keeps quiet he shall have to consume anger.By Allah, I will definitely ask about him from Allah’s Mescenger (may peace be upon him). On the following day he came to Allah’s Messenger (may peace be upon him) and asked him thus: If a man were to find with his wife a man and if he were to talk about it, you would lash him; and if he killed, you would kill him, and if he were to keep quiet. he would consume anger, whereupon he (the Holy Prophet) said: Allah, solve (this problem), and he began to supplicate (before Him), and then the verses pertaining to li’an were revealed: “Those who accuse their wives and have no witnesses except themselves” (xxiv. 6).The person was then put to test according to these verses in the presence of the people.There came he and his wife in the presence of Allah’s Messenger (may peace be upon him), and they invoked curses (in order to testify their claim).The man swore four times in the name of Allah that he was one of the truthful and then invoked curse for the fifth time saying: Let there be curse of Allah upon him if he were among the liars.Then she began to invoke curse.Allah’s Messenger (may peace be upon him) said to her: just wait (and curse after considering over it), but she refused and invoked curse and when she turned away, he (Allah’s Apostle) said: It seems that this woman shall give birth to a curly-haired black child, And so she did gave birth to a curly-haired black child.

Book 9, Number 3565:
A hadith like this is narrated on the authority of A’mash.

Book 9, Number 3566:
Muhammad (one of the narrators) reported: I asked Anas b. Malik (Allah be pleased with him) knowing that he had a knowledge of (the case of li’an).He said: Hilal b. Umayya (Allah be pleased with him) accused his wife with the charge of fornication with Sharik b. Sahma, the brother of al-Bara’b Malik from the side of his mother.And he was the first person who invoked curse (li’an) in Islam.He in fact invoked curse upon her.Allah’s Messenger (may peace be upon him) said: See to her if she gives birth to a white-complexioned child having dark hair and bright eyes; he must be the son of Hilal b. Umayya; and if she gives birth to a child with dark eyelids, curly hair and lean shanks, he must be the offspring of Sharik b. Sahma . He said: I was informed that she gave birth to a child having dark eyelids, curly hair and lean shanks.

Book 9, Number 3567:
Ibn Abbas (Allah be pleased with them) reported: Mention was made of li’an in the presence of Allah’s Messenger (may peace be upon him).And Asim b. ‘Adi passed a remark about it and then turned away, and a man of his tribe came to him complaining that he had found a man with his wife, whereupon ‘Asim said: I have been taken by my words.He took him to Allah’s Messenger (may peace be upon him) and told him about the man whom he had found with his wife and this man was a lean, yellow-coloured man with lank hair, and the person who was accused of committing adultery with her (his wife) had fleshy shanks, with wheat complexion and heavy bulk.Allah’s Messenger (may peace be upon him) said: O Allah, make (this case) manifest.And as she gave birth to a child, whose face resembled that person about whom her husband had made mention that he had found her with, and Allah’s Messenger (may peace be, upon him) had asked them to invoke curses. A person said to Ibn ‘Abbas (Allah be pleased with him): Is she (that woman) about whom Allah’s Messenger (may peace be upen him) (said): “If I were to stone anybody without evidence, I would have stoned her”? Ibn ‘Abbas (Allah be pleased with him) said: No, it is not she.That woman was one who openly spread evil in society. This hadith has been narrated on the authority of Ibn ‘Abbas (Allah be pleased with them) through another chain of transmitters with the addition of these words: ‘With flesh, and curly tangled hair.”

Book 9, Number 3568:
‘Abdullah b Shaddad reported that mention was made about the invokers of curses before Ibn ‘Abbas (Allah be pleased with them).Ibn Shaddad said: Are these the two about whom Allah’s Apostle (clay peace be upon him) said. “If I were to stone one without evidence, I would have definitely stoned her”? Ibn Abbas (Allah be pleased with them) said: She is not this woman; but she is the one who (committed adultery) openly.

Book 9, Number 3569:
Abu Huraira (Allah be pleased with him) reported that Sa’d b. ‘Ubada al-Ansari said: Messenger of Allah, tell the if a man finds his wife with another person, should he kill him?Allah’s Messenger (may peace be upon him) said: No. Sa’d said: Why not? I swear by Him Who has honoured you with Truth. There upon Allah’s Messenger (may peace be upon him) said: Listen to what your chief says.

Book 9, Number 3570:
Abu Huraira (Allah be pleased with him) reported that Sa’d b. Ubada (Allah be pleased with him) said: Messenger of Allah, if I were to find with my wife a man, should I wait until I bring four witnesses?He said: Yes.

Book 9, Number 3571:
Abu Huraira (Allah be pleased with him) reported that Sa’d b. Ubada (Allah be pleased with him) said: Messenger of Allah, if I were to find with my wife a man, should I not touch him before bringing four witnesses?Allah’s Messenger (may peace be upon him) said: Yes.He said: By no means.By Him Who has sent you with the Truth, I would hasten with my sword to him before that. Allah’s Messenger (may peace be upon him) said: Listen to what your chief says.He is jealous of his honour, I am more jealous than he (is) and God is more jealous than I.

Book 9, Number 3572:
AI-Mughira b. Shu’ba (Allah be pleased with him) reported that Sa’d b. ‘Ubada (Allah be pleased with him) said: If I were to see a man with my wife, I would have struck him with the sword, and not with the flat part (side) of it.When Allah’s Messenger (may peace be upon him) heard of that, he said: Are you surprised at Sa’d’s jealousy of his honour?By Allah, I am more jealous of my honour than he, and Allah is more jealous than I. Because of His jealousy Allah has prohibited abomination, both open and secret And no person is more jealous of his honour than Allah, and no persons, is more fond of accepting an excuse than Allah, on account of which He has sent messengers, announcers of glad tidings and warners; and no one is more fond of praise than Allah on account of which Allah has promised Paradise.

Book 9, Number 3573:
A hadith like this has been transmitted on the authority, of ‘Abd al-Malik b. Umair with the same chain of narraters but with a slight change of words.

Book 9, Number 3574:
Abu Huraira (Allah be pleased with him) reported: There came a person to the Holy Prophet (may peace he upon him)) from Banu Fazara and said: My wife has given birth to a child who is black, whereupon Allah’s Apostle (may peace be upon him) said: Have you any camels?He said: Yes. He again said: What is this colour? He said: They are red.He said: Is there a dusky one among them? He said: Yes, there are dusky ones among them He said: How has it come about? He said: It is perhaps the strain to which it has reverted, whereupon he (the Holy Prophet) said: It is perhaps the strain to which he (the child) has reverted.

Book 9, Number 3575:
This hadith has been narrated on the authority of Zuhri with the same chain of transmitters.In the hadith transmitted on the authority of Ma’mar, the (words are): “Messenger of Allah, my wife has given birth to a dark-complexioned boy, and he at that time was intending to disown him.” And this addition has been made at the end of the hadith: “He (the Holy Prophet) did not permit him to disown him.”

Book 9, Number 3576:
Abu Huraira (Allah be pleased with him) reported: A desert Arab came to Allah’s Messenger (may peace be upon him) and said: My wife has given birth to a dark-complexioned child and I have disowned him.Thereupon Allah’s Apostle (may peace be upon him) said: Have you any camels? He said: Yes. He said: What is their colour?He said?They are red.He said: Is there anyone dusky among them? He said: Yes.Allah’s Messenger (may peace be upon him) said: How has it come about? He said: Messenger of Allah, it is perhaps due to the strain to which it has reverted, whereupon the Holy Prophet (may peace be upon him) said: It (the birth) of the black child may be due to the strain to which he (the child) might have reverted.

Book 9, Number 3577:
A hadith like this has been narrated on the authority of Abu Huraira (Allah be pleased with him) through another chain of transmitters.

Chapter 11 : EMANCIPATING A SLAVE

Book 9, Number 3578:
Ibn Umar (Allah be pleased with them) reported Allah’s Messenger may peace be upon him) as saying: If anyone emancipates his share ina slave and has enough money to pay the full price for him, a fair price for the slave should be fixed, his partners given their shares, and the slave be thus emancipated, otherwise he is emancipated only to the extent of the first man’s share.

Book 9, Number 3579:
This hadith has been reported on the authority of Ibn ‘Umar through another chain of transmitters.

Book 9, Number 3580:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: The slave who is jointly owned by two persons, and is emancipated by one of them, (this one) has liability (upon him to secure complete freedom for that slave).

Book 9, Number 3581:
Abu Huraira (Allah be pleased witli him) reported Allah’s Prophet (may peace be upon him) as saying: If anyone emancipates a share in a slave, he is to be completely emancipated if he has money; but if he has none, the slave will be required to work to pay for his freedom, but must not be over-burhened.

Book 9, Number 3582:
This hadith has been narrated on the authority of Sa’id b. Abu ‘Aruba with the same chain of transmitters but with the addition: “If he (one of the joint owners emancipating the slave) has not (enough) money (to secure freedom for the other half) a fair price for the slave should be fixed, and he will be required to work to pay for his freedom, but must not be over-burdened.

Book 9, Number 3583:
A hadith like this is reported on the authority of the same chain of transmitters but with a slight change of words.

Chapter 12 :THE RIGHT OF INHERITANCE OF PROPERTY VESTS WITH ONE WHO EMANCIPATES THE SLAVE

Book 9, Number 3584:
Ibn Umar reported that ‘A’isha decided to buy a slave-girl and then set her free, but her masters said: We are prepared to sell her to you on the condition that her right of inheritance would vest with you. She (Hadrat A’isha) made a mention of that to Allah’s Messenger (may peace be upon him) whereupon he said: This should not stand in your way. The right of inheritance vests in one who emancipates.

Book 9, Number 3585:
‘A’isha (Allah be pjeased with her) reported that Barira came to her in order to seek her help in securing freedom,but she had (so far) paid nothing out of that sum stipulated in the contract.’A’isba said to her.Go to your family (who owns you), and if they like that I should pay the amount (of the contract) on your behalf (for purchasing your freedom), then I shall have the right in your inheritance. (If they accepted it) I am prepared (to make this payment).Barira made a mention of that to the (members of) her family, but they refused and said: If she (Hadrat ‘A’isha) wants to do good to You for the sake of Allah, she may do it, but the right of inheritance will be ours.She (Hadrat ‘A’isha) made a mention of that to Allah’s Messenger (may peace be upon him), and he said to her: Buy her, and emancipate her, for the right of inheritance vests with one who emancipates (the slave).Allah’s Messenger, may peace be upon him) then stood up and said: What has happened to the people that they lay down conditions which are not (found) in the Book of Allah?And he who laid down a condition not found in the Book of Allah, that is not valid. even if it is laid down hundred times.The condition laid down by Allah is the most weighty and the most valid.

Book 9, Number 3586:
‘A’isha, the wife of Allah’s Apostle (may peace be upon him), reported: Barira came to me and said: ‘A’isha, I have entered into contract for securing freedom with my family (who owns me) for nine ‘uqiyas (of silver), one ‘uqiya every year The rest of the hadith is the same (but with this addition): “This (the problem of the right of inheritance) should not stand in your way.Buy her, and set her free. He said in a hadith: Allah’s Messenger (may peace be upon him) stood up among men, extolled Allah, praised Him, and then said: “for……”

Book 9, Number 3587:
‘A’isha (Allah be pleased with her) reported: Barira came to me and said: My family (owners) have made contract with me (for granting freedom) for nine ‘uqiyas (of silver) payable in nine years, one ‘uqiya every year.Help me (in making this payment). I said to her: If your family so desires, I am prepared to make them the full payment in one instalment, and thus secure freedom for you, but the right of inheritance will vest in me,if I do so.She (Barira) made a mention of that to her family, but they refused (except) on the condition that the right of inheritance would vest in them.She came to me and made mention of if She (‘A’isha) said: I scolded her.She (Barira) said: By Allah, it is not possible (they will never agree to it).And as she was saying it, Allah’s messenger (may peace be upon him) heard, and he asked me, I informed him and he said: Buy her and emancipate her, and let the right of inherit- ance vest in them, for they cannot claim it (rightfully) since the right of inherritance vests with one who emancipates (the slave; therefore, these people have no right to lay such false claims).And I did so.She (‘A’isha) said: Then Allah’s Messenger (may peace be upon him) delivered a sermon in the evening.He extolled Allah and praised Him with what He deserves, and then said afterwards,: What has happened to the people that they lay down conditions which are not found in the Book of Allah? And the condition which is not found in the Book of Allah is invalid, even if its number is one hundred.The Book of Allah is more true (than any other deed) and the condition laid down by Allah is more binding (than any other condition). What has happened to the people among you that someone among you says: “Emancipate so and so, but the right of inheritance vests in me”?Verily, the right of inheritance vests in one who emancipates.

Book 9, Number 3588:
Hisham b. ‘Urwa narrated a hadith like this with the same chain of trans- mitters except (with this change) that in the hadith transmitted on the authority of jartr (the words are): Her (Barira’s) husband was a slave, so Allah’s Messenger (may peace be upon him) gave her the option (either to retain her matrimonial relation with her husband or sever it off). She opted to break off (and secure freedom for her even from the matrimonial alliance). And if he were free he would not have given her the option. In the hadith narrated on the authority (of this chain of transmitters) these words are not found: Amma ba’du.

Book 9, Number 3589:
‘Abd al-Rahman b. al.Qasim reported on the authority of his father: ‘A’isha (Allah be pleased with her) said: There were three issues which were clarified in case of Barira: her owners had decided to sell her on the condition that the right of her inheritance would vest with them.She (‘A’isha) said: I made a mention of that to Allah’s Apostle (may peace be upon him) and he said: Buy her and emancipate her, for verily the right of inheritance vests with one who emancipates. She said that she emancipated (her) and Allah’s Messenger (may peace be upon him) gave her the option (either to retain her matrimonial alliance or break it after emancipation).She (taking advantage of the option) opted for herself (the severing of matrimonial alliance). ‘A’isha said: The people used to give her charity and she gave us that as gift. I made a mention of it to Allah’s Apostle (may peace be upon him), whereupon he said: That is charity for her but gift for you, so take that.

Book 9, Number 3590:
‘A’isha (Allah’s be pleased with her) reported that she had bought Barira from the people of Ansar, but they laid down the condition that the right of inheritance (would vest in them), whereupon Allah’s Messenger (may peace be upon him) said: The right of inheritance vests with one who shows favour (who emancipates) and Allah’s Messenger (may peacebe upon him) gave her the choice (either to retain) her matrimonial alliance or break it).Her husband was a slave.She (Barira also) gave ‘A’isha some meat as gift.Allah’s Messenger (may peace be upon him) said:I wish you could prepare (cook) for us out of this meat. ‘A’isha said,It has been given as charity to Barira, whereupon he said: That is charity for her and gift for us.

Book 9, Number 3591:
‘A’isha (Allah be pleased with her) reported: She wanted to buy Barira with a view to emancipating her.They (the sellers) laid down the condition that the right of inheritance would vest (with them).She (Hadrat ‘A’isha) made a mention of that to Allah’s Messenger (may peace be upon him), whereupon he said: Buy her and emancipate her for the right of inheritance vests with one who emancipates.Allah’s Messenger (may peace be upon him) was given meat as gift.They (his Companions) said to Allah’s Apostle (may peace be upon him): This was given as charity to Barira, whereupon he said: That is charity for her but gift for us.And she was given option (to retain her matrimonial alliance or to break it).Abd al-Rahman said: Her husband was a free man.Shu’ba said: I then asked him (one of the narrators) about Barira’s husband (whether he had been a free mart or a slave), whereupon he said: I do not know.

Book 9, Number 3592:
This hadith has been narrated on the authority of Shu’ba with the same chain of transmitters.

Book 9, Number 3593:
‘A’isha reported that the husband of Barira was a slave.

Book 9, Number 3594:
‘A’isha (Allah be pleased with her). the wife of Allah’s Apostle (may Peace be upon him) said: Three are the Sunan (usages) (that we came to know in case of Bairara).She was given option in regard to her husband when she was emancipated. Sbe was given meat as charity.Allah’s Messenger (way peace be upon him) visited me when an earthen pot with meat in it was placed on the fire.He asked for food and be was given bread with ordinary meat (usually cooked in the) house. Thereupon he (Allah’s Messenger) said: Don’t I see the earthen pot on fire with meat in it? They said: Yes.Allah’s Messenger, there is meat in it which was given as charity to Barira. We did not deem it advisable that we should give you that to eat, whereupon he said: It is charity for her, but it is gift for us.Allah’s Apostle (may peace be upon him) also said: The right of inheritance vests with one who emancipates.

Book 9, Number 3595:
Abu Huraira (Allah be pleased with him) reported: ‘A’isha (Allah be pleated with her) thought of buying a slave-girl and emancipating her, but her owners refused to (sell her but on the condition) that the right of inheritance would vest in them.She made a mention of that to Allah’s Messenger (may peace be upon him). whereupon he said: Let this (condition) not stand in your way for the right of inheritance vests with one who emancipates.

Chapter 13 : IT IS FORBIDDEN TO SELL AL-WALA’ (THE RIGHT OF INHERITANCE OF A SLAVE) AND ITS CONFERRING ON OTHERS

Book 9, Number 3596:
Ibn Umar (Allah be pleased with them) reported that Allah’s Messenger (may peace he upon him) forbade the selling and making a gift of the right of inheritance of a slave.Imam Muslim said: All the persons depend upon Abdullah b. Dinar in regard to this hadith.

Book 9, Number 3597:
This hadith has been narrated on the authority of Ibn ‘Umar (Allah be pleased with them) through another chain of transmitters but with this change that in tba hadith narrated by al-Thaqafi from Ubaidullah there is only a mention of selling (or right of inheritance, al-Wala’ ) but not that of making a gift.

Chapter 14 : IT IS FORBIDDEN FOR A SLAVE TO TAKE ANYONE AS HIS ALLY EXCEPT ONE WHO EMANCIPATES HIM

Book 9, Number 3598:
Jabir b. Abdullah (Allah be pleased with them) reported that Allah’s Apostle (may peace be upon him) made it obligatory for every tribe (the payment) of blood-wit; he then also made it explicit that it is not permissible for a Muslim to make himself the ally (of the slave emancipated by another) Muslim without his permission. He (the narrator further added): I was informed that he (the Holy Prophet) cursed the one who did that (and it was recorded) in his Sahifa (in a document).

Book 9, Number 3599:
Abu Huraira (Allah be pleased with him) reported that Allah’s Messenger (may peace be upon him) said: He who takes anyone as his ally without the consent of his previous master, there will be the curse of Allah and that of His angels upon him, and neither, any obligatory act of his nor the supererogatory one will be accepted (by Allah).

Book 9, Number 3600:
Abu Huraira (Allah be pleased with him) reported Allah’s Apostle (may peace be upon him) as saying: He who took the freed slave as his ally without the consent of his previous master, there is upon him the curse of Allah and that of His angels and that of the whole mankind, and there will not be accepted from him his obligatory acts or supercrogatory acts on the Day of Resurrection.This hadith is narrated through the same chain of transmitters, but with a slight change of words.

Book 9, Number 3601:
Ibrahim al-Taimi reported on the authority of his father: ‘Ali b. Abu Talib (Allah be pleased with him) addressed us and said: He who thinks that we (the members of the Prophet’s family) read anything else besides the Book of Allah and this Sahifa (and he said that Sahifa was tied to the scabbard of the sword) tells a lie. (This Sahifa) contains (problems) pertaining to the ages of the camels and (the recompense) of the injuries, and it also records the words of the Prophet (may peace be upon him): Medina is a sacred territory from ‘Ayr to Thaur (it is most probably Uhud).He who innovates (an act or practice) or gives protection to an innovator, there is a curse of Allah and that of His angels and that of the whole humanity upon him.Allah will not accdpt from him (as a recompense) any obligatory act or supererogatory act, and the responsibility of the Muslims is a joint responsibility; even the lowest in rank can undertake the responsibility (on behalf of others), and he who claims anyone else as his father besides his own father or makes one his ally other than the one (who freed him), there is a curse of Allah. that of His angels and that of the wholemankind upon him.Allah will not accept the obligatory act of the supererogatery act (as a recompense) from him.

Chapter 15 : EXCELENCE OF EMANCIPATING A SLAVE

Book 9, Number 3602:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: If anyone emancipates a Muslim slave, Allah will set free from Hell an organ of his body for every organ of his (slave’s) body.

Book 9, Number 3603:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace benpon him) as saying: He who emancipates a slave, Allah will set free from Hell every limb (of his body) for every limb of his (slave’s) body, even his private parts.

Book 9, Number 3604:
Abu Huraira (Allah be pleased with him) reported: I heard Allah’s Messenger (may peace be upon him) as saying: He who emancipates a believing slave. Allah will set free from Fire his every limb for every limb of his (slave’s), even his private parts for his.

Book 9, Number 3605:
Abu Huraira (Allah be pleased with him) reported Allah’s Messenger (may peace be upon him) as saying: A Muslim who emancipates a Muslim (slave). Allah will save from Fire every limb of his for every limb (of the slave).Sa’id b. Marjana said: When I heard this hadith from Abu Huraira (Allah be pleased with him), I went away and made a mention of it to ‘Ali b. Husain and he at once emancipated the slave for which Ibn ja’far was prepared to pay ten thousand dirhams or one thousand dinars.

Notes

(1) The Congress, the Trinamool Congress, the All India Anna Dravida Munnetra Kazhagam and the Rashtriya Janata Dal staged walkout soon after Law Minister Ravi Shankar Prasad concluded his reply

(2) A woman married under Muslim law shall be entitle to obtain a decree for the dissolution of her marriage (The Dissolution of Muslim Marriages Act, 1939)