Partial
Translation of Sunan Abu-Dawud, Book 12:
Divorce (Kitab Al-Talaq)
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Book 12, Number 2170:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: Anyone who
incites a woman against her husband or a slave against his master is not one of
us.
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Book 12, Number 2172:
Narrated Muharib:
The Prophet (peace_be_upon_him) said: Allah did not
make anything lawful more abominable to Him than divorce.
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Book 12, Number 2173:
Narrated Abdullah ibn Umar:
The Prophet (peace_be_upon_him) said: Of all the lawful
acts the most detestable to Allah is divorce.
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Book 12, Number 2180:
Narrated Abdullah ibn Umar:
AbdurRahman ibn Ayman, the client of Urwah, asked Ibn
Umar and AbuzZubayr was was listening: What do you think if a man divorces his
wife while she is menstruating? He said: Abdullah ibn Umar divorced his wife
while she was menstruating during the time of the Apostle of Allah (peace_be_upon_him).So
Umar asked the Apostle of Allah (peace_be_upon_him) saying: Abdullah ibn Umar
divorced his wife while she was menstruating. Abdullah said: He returned her to
me and did not count it (the pronouncement) anything. He said: When she is
purified, he may divorce her or keep her with him. Ibn Umar said: The Prophet (peace_be_upon_him)
recited the Qur'anic verse: O Prophet, when you divorce women, divorce them in
the beginning of their waiting period."
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Book 12, Number 2181:
Narrated Imran ibn Husayn:
Mutarrif ibn Abdullah reported:Imran ibn Husayn was
asked about a person who divorces his wife, and then has intercourse with her,
but he does not call any witness to her divorce nor to her restoration. He said:
You divorced against the sunnah and took her back against the sunnah. Call
someone to bear witness to her divorce, and to her return in marriage, and do
not repeat it.
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Book 12, Number 2182:
Narrated Abdullah ibn Abbas:
Umar ibn Mu'tab reported: AbuHasan, a client of Banu
Nawfal asked Ibn Abbas: A slave had a wife who was a slave-girl. He divorced her
by two pronouncements. Afterwards both of them were freed. Is it permissible for
him to ask her in marriage again? He said: Yes. This is a decision given by the
Apostle of Allah (peace_be_upon_him).
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Book 12, Number 2183:
Narrated Abdullah ibn Abbas:
The aforesaid tradition (No. 2182) has also been
transmitted by Ali (ibn al-Mubarak) through a different chain of narrators to
the same effect.
This version adds: Ibn Abbas said: There remained one
more pronouncement of divorce for you. The Apostle of Allah (peace_be_upon_him)
took the same decision.
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Book 12, Number 2184:
Narrated Aisha, Ummul Mu'minin:
The Prophet (peace_be_upon_him) said: The divorce of a
slave-woman consists in saying it twice and her waiting period is two menstrual
courses (qur') AbuAsim said: A similar tradition has been narrated to me by
Muzahir and al-Qasim on the authority of Aisha from the Prophet (peace_be_upon_him),
except that he said: And her waiting period ('iddah) is two courses.
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Book 12, Number 2185:
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (peace_be_upon_him) said: There is no
divorce except in what you possess; there is no possession, there is no sale
transaction till you possess. The narrator Ibn as-Sabbah added: There is no
fulfilling a vow till you possess.
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Book 12, Number 2188:
Narrated Aisha, Ummul Mu'minin:
Muhammad ibn Ubayd ibn AbuSalih who lived in Ayliya
said: I went out with Adi ibn Adi al-Kindi till we came to Mecca. He sent me to
Safiyyah daughter of Shaybah who remembered a tradition (that she had heard)
from Aisha. She said: I heard Aisha say: I heard the Apostle of Allah (peace_be_upon_him)
say: There is no divorce or emancipation in case of constraint or duress (ghalaq).
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Book 12, Number 2189:
Narrated AbuHurayrah:
The Prophet (peace_be_upon_him) said: There are three
things which, whether undertaken seriously or in jest, are treated as serious:
Marriage, divorce and taking back a wife (after a divorce which is not final)
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Book 12, Number 2190:
Narrated Abdullah ibn Abbas:
Divorced women shall wait concerning themselves for
three monthly periods. Nor is it lawful for them to hide what Allah hath created
in their wombs. This means that if a man divorced his wife he had the right to
take her back in marriage though he had divorced her by three pronouncements.
This was then repealed (by a Qur'anic verse). Divorce is only permissible twice.
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Book 12, Number 2191:
Narrated Abdullah ibn Abbas:
Abdu Yazid, the father of Rukanah and his brothers,
divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to
the Prophet (peace_be_upon_him) and said: He is of no use to me except that he
is as useful to me as a hair; and she took a hair from her head. So separate me
from him. The Prophet (peace_be_upon_him) became furious. He called on Rukanah
and his brothers. He then said to those who were sitting beside him. Do you see
so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who
resembles him in respect of so-and-so? They replied: Yes. The Prophet (peace_be_upon_him)
said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the
mother of Rukanah and his brothers, back in marriage. He said: I have divorced
her by three pronouncements, Apostle of Allah. He said: I know: take her back.
He then recited the verse: "O Prophet, when you divorce women, divorce them
at their appointed periods."
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Book 12, Number 2194:
Narrated Abdullah ibn Abbas:
Tawus said: AbusSahba' said to Ibn Abbas: Do you know
that a divorce by three pronouncements was made a single one during the time of
the Prophet (peace_be_upon_him), and of AbuBakr and in the early days of the
caliphate of Umar? He replied: Yes.
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Book 12, Number 2198:
Narrated AbuHurayrah:
Hammad ibn Zayd said: I asked Ayyub: Do you know anyone
who narrates the tradition narrated by Al-Hasan about uttering the words
(addressing wife). "Your matter is in your hand"? He replied: No,
except something similar transmitted by Qatadah from Kathir, the client of
Samurah, from AbuSalamah on the authority of AbuHurayrah from the Prophet (peace_be_upon_him).
Ayyub said: Kathir then came to us; so I asked him (about this matter). He
replied: I never narrated it. I mentioned it to Qatadah who said: Yes (he
narrated it) but he forgot.
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Book 12, Number 2202:
Narrated Rukanah ibn Abdu Yazid:
(Rukanah) divorced his wife absolutely; so he came to
the Apostle of Allah (peace_be_upon_him). He asked (him): What did you intend?
He said: A single utterance of divorce. He said: Do you swear by Allah? He
replied: I swear by Allah. He said: It stands as you intended.
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Book 12, Number 2204:
Narrated Tamimah al-Hujayni:
A man said to his wife: O my younger sister! The
Apostle of Allah (peace_be_upon_him)said: Is she your sister? He (the Prophet
disliked it and prohibited saying so.
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Book 12, Number 2207:
Narrated Salamah ibn Sakhr al-Bayadi:
I was a man who was more given than others to sexual
intercourse with women. When the month of Ramadan came, I feared lest I should
have intercourse with my wife, and this evil should remain with me till the
morning. So I made my wife like my mother's back to me till the end of Ramadan.
But one night when she was waiting upon me, something of her was revealed.
Suddenly I jumped upon her. When the morning came I went to my people and
informed them about this matter.
I said: Go along with me to the Apostle of Allah
(peace_be_upon_him).
They said: No, by Allah. So I went to the Prophet
(peace be upon him and informed him of the matter.
He said: Have you really committed it, Salamah? I said:
I committed it twice, Apostle of Allah. I am content with the Commandment of
Allah, the Exalted; so take a decision about me according to what Allah has
shown you.
He said: Free a slave. I said: By Him Who sent you with
truth, I do not possess a neck other than this: and I struck the surface of my
neck.
He said: Then fast two consecutive months. I said:
Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq of dates.
I said: By Him Who sent you with truth, we passed the
night hungry; there was no food in our house.
He said: Then go to the collector of sadaqah of Banu
Zurayq; he must give it to you. Then feed sixty poor people with a wasq of
dates; and you and your family eat the remaining dates. Then I came back to my
people, and said (to them): I found with you poverty and bad opinion; and I
found with the Prophet (peace_be_upon_him) prosperity and good opinion. He has
commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is a
sub-clan of Banu Zurayq.
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Book 12, Number 2208:
Narrated Khuwaylah, daughter of Malik ibn Tha'labah:
My husband, Aws ibn as-Samit, pronounced the words: You
are like my mother. So I came to the Apostle of Allah (peace_be_upon_him),
complaining to him about my husband.
The Apostle of Allah (peace_be_upon_him) disputed with
me and said: Remain dutiful to Allah; he is your cousin.
I continued (complaining) until the Qur'anic verse came
down: "Allah hath heard the words of her who disputeth with thee concerning
her husband...." till the prescription of expiation.
He then said: He should set free a slave. She said: He
cannot afford it. He said: He should fast for two consecutive months. She said:
Apostle of Allah, he is an old man; he cannot keep fasts. He said: He should
feed sixty poor people. She said: He has nothing which he may give in alms. At
that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was
brought to him.
I said: I shall help him with another date-basked ('araq).
He said: You have done well. Go and feed sixty poor people on his behalf, and
return to your cousin. The narrator said: An araq holds sixty sa's of dates.
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Book 12, Number 2212:
Narrated Urwah:
Khawlah was the wife of Aws ibn as-Samit; he was a man
immensely given to sexual intercourse. When his desire for intercourse was
intensified, he made his wife like his mother's back. So Allah, the Exalted,
sent down Qur'anic verses relating to expiation for zihar.
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Book 12, Number 2214:
Narrated Ikrimah:
A man made his wife like the back of his mother. He
then had intercourse with her before he atoned for it. He came to the Prophet (peace_be_upon_him)
and informed him of this matter. He asked (him): What moved you to the action
you have committed? He replied: I saw the whiteness of her shins in moon light.
He said: Keep away from her until you expiate for your deed.
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Book 12, Number 2218:
Narrated Thawban:
The Prophet (peace_be_upon_him) said: If any woman asks
her husband for divorce without some strong reason, the odour of Paradise will
be forbidden to her.
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Book 12, Number 2219:
Narrated Habibah, daughter of Sahl al-Ansariyyah:
Amrah, daughter of AbdurRahman ibn Sa'd ibn Zurarah,
reported on the authority of Habibah, daughter of Sahl al-Ansariyyah: She (Habibah)
was the wife of Thabit ibn Qays ibn Shimmas. The Apostle of Allah (peace_be_upon_him)
came out one morning and found Habibah by his door.
The Apostle of Allah (peace_be_upon_him) said: Who is
this? She replied: I am Habibah, daughter of Sahl. He asked: What is your case?
She replied: I and Thabit ibn Qays, referring to her husband, cannot live
together.
When Thabit ibn Qays came, the Apostle of Allah (peace_be_upon_him)
said to him: This is Habibah, daughter of Sahl, and she has mentioned (about
you) what Allah wished to mention.
Habibah said: Apostle of Allah, all that he gave me is
with me.
The Apostle of Allah (peace_be_upon_him) said to Thabit
ibn Qays: Take it from her. So he took it from her, and she lived among her
people (relatives).
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Book 12, Number 2220:
Narrated Aisha, Ummul Mu'minin:
Habibah daughter of Sahl was the wife of Thabit ibn
Qays Shimmas He beat her and broke some of her part. So she came to the Prophet
(peace_be_upon_him) after morning, and complained to him against her husband.
The Prophet (peace_be_upon_him) called on Thabit ibn Qays and said (to him):
Take a part of her property and separate yourself from her. He asked: Is that
right, Apostle of Allah? He said: Yes. He said: I have given her two gardens of
mine as a dower, and they are already in her possession. The Prophet (peace_be_upon_him)
said: Take them and separate yourself from her.
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Book 12, Number 2221:
Narrated Abdullah ibn Abbas:
The wife of Thabit ibn Qays separated herself from him
for a compensation. The Prophet (peace_be_upon_him) made her waiting period a
menstrual course.
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Book 12, Number 2228:
Narrated Aisha, Ummul Mu'minin:
Barirah was emancipated, and she was the wife of
Mughith, a slave of Aal AbuAhmad. The Apostle of Allah (peace_be_upon_him) gave
her choice, and said to her: If he has intercourse with you, then there is no
choice for you.
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Book 12, Number 2229:
Narrated Aisha, Ummul Mu'minin:
Al-Qasim said: Aisha intended to set free two slaves of
her who were spouses. She, therefore, asked the Prophet (peace_be_upon_him)
about this matter. He commanded to begin with the man before the woman. The
narrator Nasr said: AbuAli al-Hanafi reported it to me on the authority of
Ubaydullah.
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Book 12, Number 2230:
Narrated Abdullah ibn Abbas:
A man came after embracing Islam during the time of the
Apostle of Allah (peace_be_upon_him). Afterwards his wife came after embracing
Islam. He said: Apostle of Allah, she embraced Islam along with me; so restore
her to me.
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Book 12, Number 2231:
Narrated Abdullah ibn Abbas:
A woman embraced Islam during the time of the Apostle
of Allah (peace_be_upon_him); she then married. Her (former) husband then came
to the Prophet (peace_be_upon_him) and said: Apostle of Allah, I have already
embraced Islam, and she had the knowledge about my Islam. The Apostle of Allah (peace_be_upon_him)
took her away from her latter husband and restored her to her former husband.
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Book 12, Number 2232:
Narrated Abdullah ibn Abbas:
The Apostle of Allah (peace_be_upon_him) restored his
daughter Zaynab to Abul'As on the basis of the previous marriage, and he did not
do anything afresh.
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Book 12, Number 2233:
Narrated Al-Harith ibn Qays al-Asadi:
I embraced Islam while I had eight wives. So I
mentioned it to the Prophet (peace_be_upon_him). The Prophet (peace_be_upon_him)
said: Select four of them.
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Book 12, Number 2235:
Narrated Fayruz ad-Daylami al-Yamani:
I said: Apostle of Allah, I have embraced Islam and two
sisters are my wives. He said: Divorce any one of them you wish.
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Book 12, Number 2236:
Narrated Rafi' ibn Sinan:
AbdulHamid ibn Ja'far reported from his father on the
authority of his grandfather Rafi' ibn Sinan that he (Rafi' ibn Sinan) embraced
Islam and his wife refused to embrace Islam. She came to the Prophet (peace_be_upon_him)
and said: My daughter; she is weaned or about to wean. Rafi' said: My daughter.
The Prophet (peace_be_upon_him) said to him: Be seated on a side. And he said to
her: Be seated on a side. He then seated the girl between them, and said to
them: Call her. The girl inclined to her mother. The Prophet (peace_be_upon_him)
said: O Allah! guide her. The daughter then inclined to her father, and he took
her.
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Book 12, Number 2247:
Narrated Abdullah ibn Abbas:
When the Prophet (peace_be_upon_him) ordered a man and
his wife to invoke curses on each other, he ordered a man to put his hand on his
mouth when he came to the fifth utterance, saying that it would be the deciding
one.
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Book 12, Number 2247a:
Narrated Abdullah Ibn Abbas:
Hilal ibn Umayyah was one of three people whose
repentance was accepted by Allah. One night he returned from his land and found
a man with his wife. He witnessed with his eyes and heard with his ears. He did
not threaten him till the morning.
Next day he went to the Apostle of Allah (peace_be_upon_him)
in the morning, and said: Apostle of Allah! I came to my wife at night and found
a man with her. I saw with my own eyes and heard with my own ears. The Apostle
of Allah (peace_be_upon_him) disliked what he described and he took it
seriously.
Thereupon the following Qur'anic verse came down:
"And those who make charges against their spouses but have no witnesses
except themselves, let the testimony of one of them...."
When the Apostle of Allah (peace_be_upon_him) came to
himself (after the revelation ended), he said: Glad tidings for you, Hilal.
Allah, the Exalted, has made it easy and, a way out for you.
Hilal said: I expected that from my Lord. The Apostle
of Allah (peace_be_upon_him) said: Send for her. She then came. The Apostle of
Allah (peace_be_upon_him) recited (the verses) to them that the punishment in
the next world was more severe than that in this world.
Hilal said: I swear by Allah, I spoke the truth against
her. She said: He told a lie.
The Apostle of Allah (peace_be_upon_him) said: Apply
the method of invoking curses on each other. Hilal was told: Bear witness. So he
bore witness before Allah four times that he spoke the truth.
When he was about to utter a fifth time, he was told:
Hilal, fear Allah, for the punishment in this world is easier than that in the
next world; and this is the deciding one that will surely cause punishment to
you.
He said: I swear by Allah. Allah will not punish me for
this (act), as He did not cause me to be flogged for this (act). So he bore
witness a fifth time invoking the curse of Allah on him if he was one of those
who told lies.
Then the people said to her: Testify. So she gave
testimony before Allah that he was a liar.
When she was going to testify a fifth time, she was
told: Fear Allah, for the punishment in this world is easier than that in the
next world. This is the deciding one that will surely cause punishment to you.
She hesitated for a moment, and then said: By Allah, I
shall not disgrace my people. So she testified a fifth time invoking the curse
of Allah on her if he spoke the truth.
The Apostle of Allah (peace_be_upon_him) separated them
from each other, and decided that the child would not be attributed to its
father. Neither she nor her child would be accused of adultery. He who accused
her or her child would be liable to punishment. He also decided that there would
be no dwelling and maintenance for her (from the husband), as they were
separated without divorce.
He then said: If she gives birth to a child with
reddish hair, light buttocks, wide belly and light shins, he will be the child
of Hilal. If she bears a dusky child with curly hair, fat limbs, fat shins and
fat buttock he will be the child of the one who was accused of adultery. She
gave birth to a dusky child with curly hair, fat limbs, fat shins and fat
buttocks.
The Apostle of Allah (peace_be_upon_him) said: Had
there been no oaths I should have dealt with her severely.
Ikrimah said: Later on he became the chief of the tribe
of Mudar. He was not attributed to his father.
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Book 12, Number 2255:
Narrated AbuHurayrah:
A bedouin came to the Prophet (peace_be_upon_him), and
said: My wife has given birth to a black son, and I disown him. He then narrated
the rest of the tradition to the same effect.
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Book 12, Number 2256:
Narrated AbuHurayrah:
AbuHurayrah heard the Apostle of Allah (peace_be_upon_him)
say when the verse about invoking curses came down: Any woman who brings to her
family one who does not belong to it has nothing to do with Allah (i.e. expects
no mercy from Allah), and Allah will not bring her into His Paradise.
Allah, the Exalted, will veil Himself from any man who
disowns his child when he looks at him, and disgrace him in the presence of all
creatures, first and last.
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Book 12, Number 2257:
Narrated Abdullah ibn Abbas:
The Prophet (peace_be_upon_him) said: There is no
prostitution in Islam. If anyone practised prostitution in pre-Islamic times,
the child will be attributed to the master (of the slave-woman). He who claims
his child without a valid marriage or ownership will neither inherit nor be
inherited.
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Book 12, Number 2258:
Narrated Abdullah ibn Amr ibn al-'As:
The Prophet (peace_be_upon_him) decided regarding one
who was treated as a member of a family after the death of his father, to whom
he was attributed when the heirs said he was one of them, that if he was the
child of a slave-woman whom the father owned when he had intercourse with her,
he was included among those who sought his inclusion, but received none of the
inheritance which was previously divided; he, however, received his portion of
the inheritance which had not already been divided; but if the father to whom he
was attributed had disowned him, he was not joined to the heirs.
If he was a child of a slave-woman whom the father did
not possess or of a free woman with whom he had illicit intercourse, he was not
joined to the heirs and did not inherit even if the one to whom he was
attributed is the one who claimed paternity, since he was a child of fornication
whether his mother was free or a slave.
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Book 12, Number 2260:
Narrated Aisha, Ummul Mu'minin:
The Apostle of Allah (peace_be_upon_him) entered upon
me. The version of Musaddad and Ibn as-Sarh has: one day looking pleased".
The version of Uthman has: "The lines of his forehead were realised."
He said: O Aisha, are you not surprised to hear that Mujazziz al-Mudlaji saw
that Zayd and Usamah had a rug over them concerning their heads and letting
their feet appear. He said: These feet are related.
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Book 12, Number 2262:
Narrated Zayd ibn Arqam:
I was sitting with the Prophet (peace_be_upon_him). A
man came from the Yemen, and said: Three men from the people of the Yemen came
to Ali, quarrelling about a child, asking him to give a decision. They had had
sexual intercourse with a woman during a single state of purity.
He said to two of them: Give this child to this man
(the third person) with pleasure. But they (refused and) cried loudly. Again he
said to two of them: Give the child to the man (the third person) willingly. But
they (refused and) cried loudly. He then said: You are quarrelsome partners. I
shall cast lots among you; he who receives the lot, will acquire the child, and
he shall pay two-thirds of the blood-money to both his companions. He then cast
lots among them, and gave the child to the one who received the lot. The Apostle
of Allah (peace_be_upon_him) laughed so much that his canine or molar teeth
appeared.
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Book 12, Number 2263:
Narrated Zayd ibn Arqam:
Three persons were brought to Ali (Allah be pleased
with him) when he was in the Yemen. They and sexual intercourse with a woman
during a single state of purity. He asked two of them: Do you acknowledge this
child for this (man)? They replied: No. He then put this (question) to all of
them. Whenever he asked two of them, they replied in the negative. He,
therefore, cast a lot among them, and attributed the child to the one who
received the lot. He imposed two-third of the blood-money (i.e. the price of the
mother) on him. This was then mentioned to the Prophet (peace_be_upon_him) and
he laughed so much that his molar teeth appeared.
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Book 12, Number 2267:
Narrated Abdullah ibn Amr ibn al-'As:
A man got up and said: Apostle of Allah, so-and-so is
my son; I had illicit intercourse with his mother in the pre-Islamic period. The
Apostle of Allah (peace_be_upon_him) said: There is no unlawful claiming of
paternity in Islam. What was done in pre-Islamic times has been annulled. The
child is attributed to the one on whose bed it is born, and the fornicator is
deprived of any right.
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Book 12, Number 2268:
Narrated Uthman ibn Affan:
Rabah said: My people married me to a Roman slave-girl
of theirs. I had intercourse with her, and she gave birth to a black (male)
child like me. I named it Abdullah. I again had intercourse with her, and she
gave birth to a black (male) child like me. I named it Ubaydullah. Then a Roman
slave of my people, called Yuhannah, incited her, and spoke to her in his own
unintelligible language. She gave birth to a son like a chameleon (red).
I asked her: What is this? She replied: This belongs to
Yuhannah. We then brought the case to Uthman (for a decision). I think Mahdi
said these words. He inquired from both of them, and they acknowledged (the
facts).
He then said to them: Do you agree that I take the
decision about you, which the Apostle of Allah (peace_be_upon_him) had taken?
The Apostle of Allah (peace_be_upon_him) decided that the child was to
attributed to the one on whose bed it was born. And I think he said: He flogged
her and flogged him, for they were slaves.
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Book 12, Number 2269:
Narrated Abdullah ibn Amr ibn al-'As:
A woman said: Apostle of Allah, my womb is a vessel to
this son of mine, my breasts, a water-skin for him, and my lap a guard for him,
yet his father has divorced me, and wants to take him away from me. The Apostle
of Allah (peace_be_upon_him) said: You have more right to him as long as you do
not marry.
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Book 12, Number 2270:
Narrated AbuHurayrah:
Hilal ibn Usamah quoted AbuMaymunah Salma, client of
the people of Medina, as saying: While I was sitting with AbuHurayrah, a Persian
woman came to him along with a son of hers. She had been divorced by her husband
and they both claimed him.
She said: AbuHurayrah, speaking to him in Persian, my
husband wishes to take my son away.
AbuHurayrah said: Cast lots for him, saying it to her
in a foreign language.
Then her husband came and asked: Who is disputing with
me about my son?
AbuHurayrah said: O Allah, I do not say this, except
that I heard a woman who came to the Apostle of Allah (peace_be_upon_him) while
I was sitting with him, and she said: My husband wishes to take away my son,
Apostle of Allah, and he draws water for me from the well of AbuInabah, and he
has been good to me.
The Apostle of Allah (peace_be_upon_him) said: Cast
lots for him. Her husband said: Who is disputing with me about my son? The
Prophet (peace_be_upon_him) said: This is your father and this your mother, so
take whichever of them you wish by the hand. So he took his mother's hand and
she went away with him.
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Book 12, Number 2271:
Narrated Ali ibn AbuTalib:
Zayd ibn Harithah went out to Mecca and brought the
daughter of Hamzah with him. Then Ja'far said: I shall take her; I have more
right to her; she is my uncle's daughter and her maternal aunt is my wife; the
maternal aunt is like mother. Ali said: I am more entitled to take her. She is
my uncle's daughter. The daughter of the Apostle of Allah (peace_be_upon_him) is
my wife, and she has more right to her. Zayd said: I have more right to her. I
went out and journeyed to her, and brought her with me. The Prophet (peace_be_upon_him)
came out.
The narrator mentioned the rest of the tradition. He
(i.e. the Prophet) said: As for the girl, I decided in favour of Ja'far. She
will live with her maternal aunt. The maternal aunt is like mother.
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Book 12, Number 2273:
Narrated Ali ibn AbuTalib:
When we came out from Mecca, Hamzah's daughter pursued
us crying: My uncle. Ali lifted her and took her by the hand. (Addressing
Fatimah he said:) Take your uncle's daughter. She then lifted her. The narrator
then transmitted the rest of the tradition. Ja'far said: She is my uncle's
daughter. Her maternal aunt is my wife. The Prophet (peace_be_upon_him) decided
in favour of her maternal aunt, and said: The maternal aunt is like mother.
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Book 12, Number 2274:
Narrated Asma bint Yazid al-Ansariyyah:
Amr ibn Muhajir reported on the authority of his
father: Asma', daughter of Yazid ibn as-Sakan al-Ansariyyah, was divorced in the
time of the Apostle of Allah (peace_be_upon_him). No waiting period was
prescribed for a divorced woman (at that time). When Asma' was divorced, Allah,
the Exalted, sent down the injunction of waiting period for divorce. She is the
first of the divorced women about whom the verse relating to waiting period was
sent down.
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Book 12, Number 2275:
Narrated Abdullah ibn Abbas:
Women who are divorced shall wait, keeping themselves
apart, three monthly courses; and then said: And for such of your women as
despair of menstruation, if ye doubt, their period (of waiting) shall be three
months. This was abrogated from the former verse. Again he said: (O ye who
believe, if ye wed believing women) and divorce them before ye have touched
them, then there is no period that ye should reckon."
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Book 12, Number 2276:
Narrated Umar ibn al-Khattab:
The Prophet (peace_be_upon_him) divorced Hafsah, but he
took her back in marriage.
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Book 12, Number 2282:
Narrated Fatimah daughter of Qays:
AbuSalamah reported on the authority of Fatimah
daughter of Qays who said to him that she was the wife of AbuHafs ibn al-Mughirah
who divorced her by three pronouncements. She said that she came to the Apostle
of Allah (peace_be_upon_him) and sought his opinion about her going out from her
house. He commanded her to shift to (the house of )Ibn Umm Maktum who was blind.
Marwan denied to confirm the tradition of Fatimah about the going out of a
divorced woman from her house. Urwah said: Aisha objected to Fatimah daughter of
Qays.
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Book 12, Number 2285:
Narrated Aisha, Ummul Mu'minin:
Urwah said: Aisha (Allah be pleased with her) severely
objected to the tradition of Fatimah daughter of Qays. She said: Fatimah lived
in a desolate house and she feared for her loneliness there. Hence the Apostle
of Allah (peace_be_upon_him) accorded permission to her (to leave the place).
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Book 12, Number 2286:
Narrated Aisha, Ummul Mu'minin:
Urwah ibn az-Zubayr said: Aisha was asked: Did you not
see (i.e. known) the statement of Fatimah? She replied: It is not good for her
to mention it (to others).
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Book 12, Number 2288:
Narrated Aisha, Ummul Mu'minin:
Al-Qasim ibn Muhammad and Sulayman ibn Yasar reported:
Yahya ibn Sa'id ibn al-'As divorced the daughter of AbdurRahman ibn al-Hakam
absolutely. AbdurRahman shifted her (from there). Aisha sent a message to Marwan
ibn al-Hakam who was the governor of Medina, and said to him: Fear Allah, and
return the woman to her home. Marwan said (according to Sulayman's version):
AbdurRahman forced me. Marwan said (according to the version of al-Qasim): Did
not the case of Fatimah daughter of Qays reach you? Aisha replied: There would
be no harm to you if you did not make mention of the tradition of Fatimah.
Marwan said: If you think that it was due to some evil (i.e. reason), then it is
sufficient for you to see that there is also an evil between the two.
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Book 12, Number 2292:
Narrated Umm Salamah ; Umm Habibah ; Zaynab bint Jahsh:
Humayd ibn Nafi' reported the following three
traditions on the authority of Zaynab, daughter of AbuSalamah:
Zaynab said: I visited Umm Habibah when her father
AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq)
or something else. Then she applied it to a girl and touched her cheeks.
She said: I have no need of perfume, but I heard the
Apostle of Allah (peace_be_upon_him) say: It is not lawful for a woman who
believes in Allah and the Last Day to observe mourning for one who has died,
more than three nights, except for four months and ten days in the case of a
husband.
Zaynab said: I also visited Zaynab, daughter of Jahsh,
when her brother died. She asked for some perfume and used it upon herself.
She then said: I have no need of perfume, but I heard
the Apostle of Allah (peace_be_upon_him) say when he was on the pulpit: It is
not lawful for a woman who believes in Allah and the Last Day to observe
mourning for one who has died, more than three nights, except for four months
and ten days in the case of a husband.
Zaynab said: I heard my mother, Umm Salamah, say: A
woman came to the Apostle of Allah (peace_be_upon_him) and said: Apostle of
Allah, the husband of my daughter has died, and she is suffering from sore eyes;
may we put antimony in her eyes?
The Apostle of Allah (peace_be_upon_him) said: No. He
said this twice or thrice. Each time he said: No. The Apostle of Allah (peace_be_upon_him)
said: The waiting period is now four months and ten days. In pre-Islamic days
one of you used to throw away a piece of dung at the end of a year.
Humayd said: I asked Zaynab: What do you mean by
throwing away a piece of dung at the end of a year.
Zaynab replied: When the husband of a woman died, she
entered a small cell and put on shabby clothes, not touching perfume or any
other thing until a year passed. Then an animal such as donkey or sheep or bird
was provided for her. She rubbed herself with it. The animal with which she
rubbed herself rarely survived. She then came out and was given a piece of dung
which she threw away. She then used perfume or something else which she desired.
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Book 12, Number 2293:
Narrated Furay'ah, daughter of Malik ibn Sinan:
Zaynab, daughter of Ka'b ibn Ujrah narrated that
Furay'ah daughter of Malik ibn Sinan, told her that she came to the Apostle of
Allah (peace_be_upon_him) and asked him whether she could return to her people,
Banu Khidrah, for her husband went out seeking his slaves who ran away. When
they met him at al-Qudum, they murdered him.
So I asked the Apostle of Allah (peace_be_upon_him):
"Should I return to my people, for he did not leave any dwelling house of
his own and maintenance for me?
She said: The Apostle of Allah (peace_be_upon_him)
replied: Yes. She said: I came out, and when I was in the apartment or in the
mosque, he called for me, or he commanded (someone to call me) and, therefore, I
was called.
He said: what did you say? So I repeated my story which
I had already mentioned about my husband. Thereupon he said: Stay in your house
till the term lapses. She said:
So I passed my waiting period in it (her house) for
four months and ten days. When Uthman ibn Affan became caliph, he sent for me
and asked me about that; so I informed him, and he followed it and decided cases
accordingly.
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Book 12, Number 2297:
Narrated Umm Salamah, Ummul Mu'minin:
The Prophet (peace_be_upon_him) said: A woman whose
husband has died must not wear clothes dyed with safflower (usfur) or with red
ochre (mishq) and ornaments. She must not apply henna and collyrium.
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Book 12, Number 2298:
Narrated Umm Salamah, Ummul Mu'minin:
Umm Hakim, daughter of Usayd, reported on the authority
of her mother that her husband died and she was suffering from sore eyes. She
therefore applied collyrium (jala'). Ahmad said: The correct version is
"glittering collyrium (kuhl al-jala'). She sent her slave-girl to Umm
Salamah, and she asked her about the use of glittering collyrium (kuhl al-jala').
She said: Do not apply it except in the case of dire
need which is troubling you. In that case you can use it at night, but you
should remove it in the daytime. Then Umm Salamah said: The Apostle of Allah (peace_be_upon_him)
came to visit me when AbuSalamah died, and I had put the juice of aloes in my
eye.
He asked : What is this, Umm Salamah? I replied: It is
only the juice of aloes and contains no perfume. He said: It gives the face a
glow, so apply it only at night and remove it in daytime, and do not comb
yourself with scent or henna, for it is a dye. I asked: What should I use when I
comb myself, Apostle of Allah? He said: Use lote-tree leaves and smear your head
copiously with them.
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Book 12, Number 2300:
Narrated Abdullah ibn Mas'ud:
I can invoke the curse of Allah on anyone who wishes:
The smaller surat an-Nisa (i.e. Surat at-Talaq) was revealed after the verse
regarding the waiting period of four months and ten days had been revealed.
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Book 12, Number 2301:
Narrated Amr ibn al-'As:
Do not confuse us about his Sunnah. Ibn al-Muthanna
said: The Sunnah of our Prophet (peace_be_upon_him) is that the waiting period
of a slave-mother whose husband has died is four months and ten days.
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Book 12, Number 2302:
Narrated Aisha, Ummul Mu'minin:
The Apostle of Allah (peace_be_upon_him) was asked
about a man who divorced his wife three times, and she married another who
entered upon her, but divorced her before having intercourse with her, whether
she was lawful for the former husband. She said: The Prophet (peace_be_upon_him)
replied: She is not lawful for the first (husband) until she tastes the honey of
the other husband and he tastes her honey.
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Book 12, Number 2304:
Narrated Jabir ibn Abdullah:
Musaykah, a slave-girl of some Ansari, came and said:
My master forces me to commit fornication. Thereupon the following verse was
revealed: "But force not your maids to prostitution (when they desire
chastity)."
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