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13. Divorce (Kitab Al-Talaq)

كتاب الطلاق

138 hadis

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2176

Narrated AbuHurayrah:

The Prophet (ﷺ) said: Anyone who incites a woman against her husband or a slave against his master is not one of us.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2177

Abu Hurairah reported the Apostle of Allaah(ﷺ) as saying “A woman should not ask for the divorce of her sister to make her bowl vacant for her and to marry him. She will have what is decreed for her.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2178

Narrated Muharib:

The Prophet (ﷺ) said: Allah did not make anything lawful more abominable to Him than divorce.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2179

Narrated Abdullah ibn Umar:

The Prophet (ﷺ) said: Of all the lawful acts the most detestable to Allah is divorce.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2180

‘Abd Allah bin Umar said that he divorced his wife while she was menstruating during the time of the Apostle of Allaah(ﷺ). So ‘Umar bin Al Khattab asked the Apostle of Allaah(ﷺ) about this matter. The Apostle of Allaah(ﷺ) said “Order him, he must take her back and keep her back till she is purified,…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2181

The aforesaid tradition has also been transmitted by Nafi’ through a different chain of narrators. This version says Ibn ‘Umar divorced a wife of his while she was menstruating pronouncing one divorce. He then narrated the rest of the tradition similar to the one narrated by Malik.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2182

Ibn ‘Umar said that he divorced his wife while she was menstruating. ‘Umar mentioned the matter to the Prophet(ﷺ). He (the Prophet) said “Order him, he must take her back and divorce her when she is purified (from menstrual discharge) or she is pregnant.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2183

‘Abd Allah (bin Umar) said that he divorced his wife while she was menstruating. ‘Umar mentioned the matter to the Messenger of Allah(ﷺ). The Messenger of Allah(ﷺ) became angry and said “Command him, he must take her back and keep her back till she is purified, then has another menstrual period and …

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2184

Yunus bin Jubair said that he asked Ibn ‘Umar “How many times did you pronounce divorce to your wife? He replied, once.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2185

Yunus bin Jubair said “I asked ‘Abd Allah bin ‘Umar “A man divorced his wife while she was menstruating? He said do you know ‘Abd Allah bin ‘Umar? He said, yes. ‘Abd Allah bin ‘Umar divorced his wife while she was menstruating. So, ‘Umar came to the Prophet (ﷺ) and asked him (about this matter). He …

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2186

Abdur Rahman ibn Ayman, the client of Urwah, asked Ibn Umar and Abu al-Zubayr 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 Messenger of Allah (ﷺ).So Umar asked the Messenger of Allah (ﷺ) saying: Abdullah ibn Umar divorced his wife while she was menstruatin…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2187

Narrated Mutarrif ibn Abdullah:

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.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2188

Narrated Umar ibn Mu'tab:

Abu Hasan, 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 Messenger of Allah (ﷺ).

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2189

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 Messenger of Allah (ﷺ) took the same decision. Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock. Abu Dawud said: Al-Zuh…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2190

Narrated Aisha, Ummul Mu'minin:

The Prophet (ﷺ) 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 (ﷺ), except that he said: And her waiting period ('iddah) is two courses. Abu Dawud said: This tradition is obscure.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2191

'Amr b. Shu'aib on his father's authority said that his grandfather (Abdullah ibn Amr ibn al-'As):

The Prophet (ﷺ) 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.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2192

The above tradition has also been transmitted by ‘Amr bin Shu’aib through a different chain of narrators to the same effect. This version adds “If anyone swears an oath to do an act of disobedience to GOD, his oath is not valid, and if anyone swears an oath to sever relationship, his oath is not valid(i.e., he must not fulfill it)

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2193

The above tradition has also been transmitted by ‘Amr bin Shu’aib through a different chain of narrators. This version adds The Prophet (ﷺ) said “There is no vow except in an act which seeks the pleasure of Allah, the Exalted.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2194

Muhammad ibn Ubayd ibn Abu Salih 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 Messenger of Allah (ﷺ) say: There is no divorce or emancipation in case of constraint or duress …

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2195

Narrated AbuHurayrah:

The Prophet (ﷺ) 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)

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2196

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 t…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2197

Narrated Abdullah ibn Abbas:

Abd 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 (ﷺ) 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 (ﷺ) b…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2198

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who f…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2199

Abu Dawud said “The opinion of Ibn ‘Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from ‘Abd Ar Razzaq from Ma’mar from Al Zuhri from Abu Salamah din Abd Al Rahman bin ‘Awf and Muhammad bin ‘Abd Al Rahma…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2200

Tawus said A man called Abu Al Sahba used to ask Ibn ‘Abbas questions frequently. He asked “Do you know that when a man divorced his wife by three pronouncement before sexual intercourse with her, they (the people) made it a single divorce during the time of the Apostle of Allaah(ﷺ), of Abu Bakr and…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2201

Tawus said:

Abu al-Sahba' said to Ibn Abbas: Do you know that a divorce by three pronouncements was made a single one during the time of the Prophet (ﷺ), and of AbuBakr and in the early days of the caliphate of Umar? He replied: Yes.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2202

‘Umar bin Al Khattab reported the Apostle of Allaah(ﷺ) as saying “Actions are to be judged only by intentions and a man will have only what he intended. When one’s emigration is to Allaah and His Apostle, his emigration is to Allaah and His Apostle but his emigration is to a worldly end at which he…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2203

‘Abd Allah bin Ka’b reported “I heard Ka’ab bin Malik. He then narrated his story about the battle of Tabuk.(Narrating the story) he added “When forty out of fifty days passed”, the messenger of the Apostle of Allaah(ﷺ) came and said “The Apostle of Allaah(ﷺ) has commanded you to keep away from your…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2204

A’ishah said The Apostle of Allaah(ﷺ) gave us our choice and we chose him so that was not reckoned anything (i.e., divorce)

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2205

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 AbuHura…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2206

Qatadah reported on the authority of Al Hasan the uttering of the words “Your matter is in your hand” amounts to three pronouncements of divorce.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2207

Nafi' bun Ujair bin Abd Yazid bin Ruknah reported Ruknah bin ‘Abd Yazid divorced his wife Suhaimah absolutely. The Prophet (ﷺ) was informed about this matter. He said to him (the Prophet) I swear by Allaah that I meant it to be only a single utterance of divorce. The Apostle of Allaah(ﷺ) said “I swe…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2208

The tradition mentioned above has also been transmitted by Rukanah bin Yazid from the Prophet (ﷺ) through a different chain of narrators.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2209

'Ali b. Yazid b. Rukanah reported on the authority of his father from his grandfather that he (Rukanah) divorced his wife absolutely; so he came to the Messenger of Allah (ﷺ). 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. Abu Dawud said: This tradition is sounder than that of Ibn Juraij that Rukanah divorced his wife by three pronouncements, for they are the …

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2210

Abu Hurairah reported the Prophet (ﷺ) as saying “Allah has ignored for my community what comes to their mind, so long as they do not act or pronounce words to that effect.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2211

Narrated Tamimah al-Hujayni:

A man said to his wife: O my younger sister! The Messenger of Allah (ﷺ)said: Is she your sister? He (the Prophet disliked it and prohibited saying so.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2212

Abu Tamimah reported from a man of his tribe “The Prophet (ﷺ) heard a man say his wife “O my younger sister! So he prohibited him (addressing his wife in this manner) Abu Dawud said “This tradition has also been transmitted by ‘Abd Al Aziz bin Al Mukhtar from Khalid from Abu ‘Uthman from Abu Thami…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2213

Abu Hurairah reported the Prophet(ﷺ) as saying Abraham(peace be upon him) never told a lie except on three occasions twice for the sake of Allaah. Allaah quoted his words (in the Qur’an) “I am indeed sick” and “Nay, this was done by - this is their biggest one”. Once he was passing through the land …

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2214

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 nigh…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2215

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 Messenger of Allah (ﷺ), complaining to him about my husband. The Messenger of Allah (ﷺ) disputed with me and said: Remain dutiful to Allah; he is your cousin. I continued (complaining) until th…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2216

A similar tradition has been transmitted by Ibn Ishaq with a different chain of narrators. But in this version he said ‘Araq is a date-basket holding thirty sa’s. Abu Dawud said “This version is sounder than that of Yahya bin Adam.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2217

Another version transmitted by Abu Salamah bin ‘Abd Al Rahman has ‘Araq is a date-basket holding fifteen sa’s.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2218

The tradition mentioned above has been transmitted by Sulaiman bin Yasar. This version has “Then some dates were brought to the Apostle of Allaah(ﷺ) and he gave it him. They measured about fifteen sa’s “. He said “Give them in alms”. He said “Is there anyone needier than I and my family. Apostle of Allaah(ﷺ)?” The Apostle of Allaah(ﷺ) said “Eat them, you and your family.”

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2219

Abu Dawud said “I recited to Muhammad bin Wazir Al Misri and said to him Bishr bin Bakr narrated it to you and Al Auza’i narrated it to us. And he said “At’a narrated it to us on the authority of Aus brother of ‘Ubadah bin Al Samit. The Prophet (ﷺ) gave him fifteen sa’s of wheat to feed sixty poor p…

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2220

Narrated Hisham b. '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.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2221

A similar tradition has been transmitted by A’ishah through a different chain of narrators.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2222

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 (ﷺ) 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.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2223

‘Ikrimah said “A man made his wife like the back of his mother. When he saw the illumination of her shin in the moonlight, he had intercourse with her. He came to the Prophet (ﷺ). He ordered him to atone for it.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2224

A similar tradition has been transmitted by Ibn ‘Abbas from the Prophet (ﷺ) through a different chain of narrators. This version does not mention the word “shin”.

Sünen-i Ebî DâvûdDivorce (Kitab Al-Talaq)
#2225

A tradition similar to that of Sufyan has been transmitted by ‘Ikrimah from the Prophet(ﷺ) through a different chain of narrators.

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