In The Name Of Allah Most Gracious Most Merciful
Assalaamu alaykum wa rahmatuallahi wa barakatuhu
Allah Detest Divorce Most
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 2173 Narrated Abdullah ibn Umar:
The Prophet (peace_be_upon_him) said: Of all the lawful acts the most detestable to Allah is divorce.
Four Months Abstention
226 For those who take an oath for abstention from their wives, a waiting for four months is ordained; if then they return, Allah is Oft-forgiving, Most Merciful.
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 213 Narrated Nafi:
Ibn 'Umar used to say about the Ila (which Allah defined (in the Holy Book), "If the period of Ila expires, then the husband has either to retain his wife in a handsome manner or to divorce her as Allah has ordered." Ibn 'Umar added, "When the period of four months has expired, the husband should be put in prison so that he should divorce his wife, but the divorce does not occur unless the husband himself declares it. This has been mentioned by 'Uthman, 'Ali, Abu Ad-Darda, 'Aisha and twelve other companions of the Prophet ."
2:227 But if their intention is firm for divorce, Allah heareth and knoweth all things.
Divorce Malik :: Book 29 : Hadith 29.5.19
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.
Malik added, "That was also the opinion of Ibn Shihab."
Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.
Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.
Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day. Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."
Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."
2:228 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, if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.
2:229 A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah. so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).
Divorce Malik :: Book 29 : Hadith 29.28.80
Yahya related to me from Malik from Hisham ibn Urwa that his father said, "It used to be that a man would divorce his wife and then return to her before her idda was over, and that was alright, even if he divorced her a thousand times. The man went to his wife and then divorced her and when the end of her idda was in sight, he took her back and then divorced her and said, 'No! By Allah, I will not go to you and you will never be able to marry again.' Allah, the Blessed, the Exalted, sent down, 'Divorce is twice, then honourable retention or setting free kindly.' People then turned towards divorce in a new light from that day whether or not they were divorced or not divorced."
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 198 Narrated 'Ikrima:
The sister of 'Abdullah bin Ubai narrated (the above narration, 197) with the addition that the Prophet said to Thabit's wife, "Will you return his garden?" She said, "Yes," and returned it, and (then) the Prophet ordered Thabit to divorce her. Narrated Ibn 'Abbas: The wife of Thabit bin Qais came to Allah's Apostle and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I cannot endure to live with him." On that Allah's Apostle said, "Will you return his garden to him?" She said, "Yes."
Divorce Malik :: Book 29 : Hadith 29.10.32
Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.
Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."
Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."
Divorce Malik :: Book 29 : Hadith 29.20.60
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Ibn Shihab and Sulayman ibn Yasar all said, "The idda of the woman with a khul divorce is three periods."
After A Husband Divorces Her He Cannot Remarry her Until She Marries Another Man And He Divorces Her
2:230 So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand.
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 190 Narrated 'Aisha:
A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet and said, "O Allah's Apostle! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?" Allah's Apostle said, "It is unlawful to marry your first husband till the other husband consummates his marriage with you."
2:231 When ye divorce women, and they fulfil the term of their ('Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if any one does that; He wrongs his own soul. Do not treat Allah.s Signs as a jest, but solemnly rehearse Allah.s favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah, and know that Allah is well acquainted with all things.
Divorce Malik :: Book 29 : Hadith 29.28.81
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Allah, the Blessed, the Exalted, sent down about a man who divorced his wife and then returned to her while he had no need of her and did not mean to keep her so as to make the idda period long for her by that in order to do her harm, "Do not retain them by force, to transgress. Whoever does that has wronged himself." (Sura 2 ayat 231). Allah warns them by that ayat.
2:232 When ye divorce women, and they fulfil the term of their ('Iddat), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms. This instruction is for all amongst you, who believe in Allah and the Last Day. That is (the course Making for) most virtue and purity amongst you and Allah knows, and ye know not.
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 248 Narrated Al-Hasan:
The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order.
*Note:All the three divorces were not pronounced,that is why he wished to re-marry her.
2:236 There is no blame on you if ye divorce women before consummation or the fixation of their dower; but bestow on them (A suitable gift), the wealthy according to his means, and the poor according to his means;- A gift of a reasonable amount is due from those who wish to do the right thing.
2:237 And if ye divorce them before consummation, but after the fixation of a dower for them, then the half of the dower (Is due to them), unless they remit it or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness. And do not forget Liberality between yourselves. For Allah sees well all that ye do.
Divorce Malik :: Book 29 : Hadith 29.14.37
Yahya related to me from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that you should marry her until she has married another husband.' He protested that his divorcing her had been only once. Ibn Abbas said, 'You threw away what you had of blessing.' "
Maintenance
2:241 For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous.
Divorce Malik :: Book 29 : Hadith 29.16.45
Yahya related to me from Malik that he had heard that Abd ar-Rahman ibn Awf divorced his wife, and gave her compensation in the form of a slave-girl.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "Every divorced woman has compensation except for the one who is divorced and is allocated a bride-price and has not been touched. She has half of what was allocated to her."
Divorce Malik :: Book 29 : Hadith 29.21.66
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Said ibn al-Musayyab said, "Her husband is obliged to pay it." Someone asked, "what if her husband does not have it?" He said, "Then she must pay it." Someone asked, "And if she does not have it?" He said, "Then the Amir must pay it."
Divorce
Malik :: Book 29 : Hadith 29.22.68
Yahya related to me from Malik that he heard Ibn Shihab say, "The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth."
Malik said, "This is what is done among us."
Divorce At Prescribed Periods
65:1 O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.
Divorce Malik :: Book 29 : Hadith 29.28.79
Yahya related to me from Malik that Abdullah ibn Dinar said, "I heard Abdullah ibn Umar recite from the Qur'an, 'Prophet! When you divorce women, divorce them at the beginning of their idda.'"
Malik said, "He meant by that, to make one pronouncement of divorce at the beginning of each period of purity."
65:2 Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out,
3 And He provides for him from (sources) he never could imagine. And if any one puts his trust in Allah, sufficient is ((Allah)) for him. For Allah will surely accomplish his purpose: verily, for all things has Allah appointed a due proportion.
4 Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.
5 That is the Command of Allah, which He has sent down to you: and if any one fears Allah, He will remove his ills, from him, and will enlarge his reward.
6 Let the women live (in 'iddat) in the same style as ye live, according to your means: Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend (your substance) on them until they deliver their burden: and if they suckle your (offspring), give them their recompense: and take mutual counsel together, according to what is just and reasonable. And if ye find yourselves in difficulties, let another woman suckle (the child) on the (father's) behalf.
7 Let the man of means spend according to his means: and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. After a difficulty, Allah will soon grant relief.
Settlement
4: 128. And if a woman fears cruelty or desertion on her husband's part, there is no sin on them both if they make terms of peace between themselves; and making peace is better. And human inner-selves are swayed by greed. But if you do good and keep away from evil, verily, Allâh is Ever WellAcquainted with what you do.
The Book of Commentary (Kitab Al-Tafsir) Muslim :: Book 43 : Hadith 7165
'A'isha said in connection with the verse:" And if a woman has reason to fear ill-treatment from her husband or that he might turn away from her" (iv. 128) that it was revealed in case of a woman who had long association with a person (as his wife) and now he intends to divorce her and she says: Do not divorce me, but retain me (as wife in your house) and you are permitted to live with another wife. It is in this context that this verse was revealed.
Wedlock, Marriage (Nikaah) Bukhari :: Book 7 :: Volume 62 :: Hadith 134 Narrated Aisha:
regarding the Verse: 'If a wife fears cruelty or desertion on her husband's part ...') (4.128) It concerns the woman whose husband does not want to keep her with him any longer, but wants to divorce her and marry some other lady, so she says to him: 'Keep me and do not divorce me, and then marry another woman, and you may neither spend on me, nor sleep with me.' This is indicated by the Statement of Allah: 'There is no blame on them if they arrange an amicable settlement between them both, and (such) settlement is better." (4.128)
Zihar
If any men among you divorce their wives by Zihar (calling them mothers), they cannot be their mothers: None can be their mothers except those who gave them birth. And in fact they use words (both) iniquitous and false: but truly Allah is one that blots out (sins), and forgives (again and again).
( سورة المجادلة , Al-Mujadila, Chapter #58, Verse #2)
But those who divorce their wives by Zihar, then wish to go back on the words they uttered,- (It is ordained that such a one) should free a slave before they touch each other: Thus are ye admonished to perform: and Allah is well-acquainted with (all) that ye do.
( سورة المجادلة , Al-Mujadila, Chapter #58, Verse #3)
Making Witnesses Is Sunnah
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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.
Instant Triple Divorce
Instant Divorce Is Disliked
Al-Tirmidhi HadithHadith 3292 Narrated byMahmud ibn Labid
When Allah's Messenger (peace be upon him) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he arose in anger and said, "Is sport being made of the Book of Allah Who is Great and Glorious, while I am among you?" As a result a man got up and said, "Messenger of Allah, shall I kill him?"
Nasa'i transmitted it.
*Note:Its disliked because the recommended method is one divorce each month
Instant Triple Divorce Is Valid
Muwatha ,Imam Malik Book 029, Hadith Number 001
Section : The 'Irrevocable' Divorce.Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?" Ibn Abbas said to him, "She was divorced from you by three pronouncements, and by the ninety-seven, you have mocked the ayat of Allah
Book 029, Hadith Number 002Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."
Book 029, Hadith Number 003Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm that Umar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al-Aziz said, "Even if divorce had to be declared a thousand times, the 'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit."
Book 029, Hadith Number 004Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.
Malik said, "That is what I like best of what I have heard on the subject."
Book 029, Hadith Number 006Section : The 'Irrevocable' Divorce.Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, "You are haram for me," it counted as three pronouncements of divorce.
Book 029, Hadith Number 007Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you", or "You are abandoned", were considered as three pronouncements of divorce.
Book 029, Hadith Number 009Section : The 'Irrevocable' Divorce.
Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, "it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.
Divorce Malik :: Book 29 : Hadith 29.1.9
Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.
Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.
Malik said, "That is the best of what I have heard."
Muwatta Imam MalikBook 029, Hadith Number 001
Section : The 'Irrevocable' Divorce.Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?" Ibn Abbas said to him, "She was divorced from you by three pronouncements, and by the ninety-seven, you have mocked the ayat of Allah."
Instant Divorce After Lian
24:6. And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allâh that he is one of those who speak the truth.
7. And the fifth (testimony) (should be) the invoking of the Curse of Allâh on him if he be of those who tell a lie (against her).
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 229 Narrated Ibn Juraij:
Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sad, the brother of Bani Sa'idi He said, "An Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah revealed concerning his affair what is mentioned in the Holy Quran about the affair of those involved in a case of Lian. The Prophet said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the mosque while I was present there. When they had finished, the man said, "O Allah's Apostle! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah's Apostle ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet ." Ibn Shihab added, "After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother's name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him." Ibn Shihab said that Sahl bin Sad As'Saidi said that the Prophet said (in the above narration), "If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then she delivered it in the shape one would dislike (as it proved her guilty).
One or two divorce
With One Or Two Divorce Women Can Be Taken Back And After Purifying She May Be Given Final Divorce
Muwatta Malik said, "That is the best of what I have heard on the subject."Book 009, Hadith Number 3474Chapter : It is forbidden to divorce the woman during her menses.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 009, Hadith Number 3477 Chapter : It is forbidden to divorce the woman during her menses.
Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife during the period of menses. 'Umar (Allah be pleased 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 009, Hadith Number 3478 Chapter : It is forbidden to divorce the woman during her menses.
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 009, Hadith Number 3481Chapter : It is forbidden to divorce the woman during her menses.
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?
Three As One In A Single Breath Had To Be Proven The Intention By Swearing
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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.
Three Talaq at once were considered three ex-Rasoolullah salala lahu alaihi wa sallam asked Rukhana whether he intended one or three. Rukhana had to prove his intention was one talaq with oath.From the above two ways are clear
1.Either intend three and utter three at once2.Intend one and utter one and emphasise the first one with other two talaaq.
EXPLAINING THE POINT 2.In the period Rasoolullah salala lahu alaihi wa sallam and in the period of Abu Bakr Siddiq (radi Allahu anhu), people used to divorce in the following way by uttering "I give you Talaaq, Talaaq, Talaaq". They used to emphasize the first Talaaq with the last two words of Talaaq.The last two Talaaq were uttered just to emphasise the first one.The below hadith is about point 2."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. (Muslim Book #009, Hadith #3491)"
During the period of Umar (radi Allahu anhu),people hurried in giving Talaaq.
They just uttered three talaaq.Umar r.a said these three will be considered three.Uttering three at one time is always considered final but those who intented one and uttered three to emphasise the first one with last two its about them.
Note:1 Whoever after this wants to give talaq with the intention of one talaq they should utter only one talaq.
2 If they want to give three talaq then they sould utter three talaq.
3.The concept of taking oath to prove intention also ended.
The below three hadith are about proving intention of one divorce which was uttered thrice in one sitting through an oath.
Sahih Muslims Book 009, Hadith Number 3493Chapter : Pronouncement of three divorces.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).
Sahih MuslimBook 009, Hadith Number 3492Chapter : Pronouncement of three divorces.Abu Sahba' said to Ibn '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.
Sahih Muslim Book 009, Hadith Number 3492 Chapter : Pronouncement of three divorces.
Abu Sahba' said to Ibn '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.
later As Final Law
*Note:Any case of Instant divorce in one breath ,its intention being not the absolute divorce[final divorce] was to be proven by swearing,since people started making haste in divorcing in single breath ,Umar.ra did ijtihad where by swearing was cancelled and triple divorce in single breath was taken as final divorce.
My Generation
The Book Pertaining to the Merits of the Companions (Allah Be Pleased With Them) of the Holy Prophet (May Peace Be Upon Him) (Kitab Al-Fada'il Al-Sahabah) Muslim :: Book 31 : Hadith 6159 'A'isha reported that a person asked Allah's Apostle (may peace be upon him) as to who amongst the people were the best. He said: Of the generation to which I belong, then of the second generation (generation adjacent to my generation), then of the third generation (generation adjacent to the second generation).
*Note:Umar r.a was of Prophet Muhammad salla lahu alaihi wa sallam ‘s generation ,he followed this law,along with the rest of his companions after this law was established.
Pious Men
Virtues and Merits of the Prophet (pbuh) and his Companions Bukhari :: Book 4 :: Volume 56 :: Hadith 675 Narrated Abu Huraira: The Prophet said, "Amongst the people preceding you there used to be 'Muhaddithun' (i.e. persons who can guess things that come true later on, as if those persons have been inspired by a divine power), and if there are any such persons amongst my followers, it is 'Umar bin Al-Khattab."
Model Behavior of the Prophet (Kitab Al-Sunnah) Dawud :: Book 40 : Hadith 4631 Narrated Sa'id ibn Zayd ibn Amr ibn Nufayl:Abdullah ibn Zalim al-Mazini said: I heard Sa'id ibn Zayd ibn Amr ibn Nufayl say: When so and so came to Kufah, and made so and so stand to address the people, Sa'id ibn Zayd caught hold of my hand and said: Are you seeing this tyrant? I bear witness to the nine people that they will go to Paradise. If I testify to the tenth too, I shall not be sinful.I asked: Who are the nine? He said: The Apostle of Allah (peace_be_upon_him) said when he was on Hira': Be still, Hira', for only a Prophet, or an ever-truthful, or a martyr is on you. I asked: Who are those nine? He said: The Apostle of Allah, AbuBakr, Umar, Uthman, Ali, Talhah, az-Zubayr, Sa'd ibn AbuWaqqas and AbdurRahman ibn Awf. I asked: Who is the tenth? He paused a moment and said: it is I.
*Note:The pious Sahaba/companions agreed to his ijtihad,and during the khilafah of Uthman r.a and Ali r.a they followed it.
Divorce Is Invalid Under Compulsion
Divorce Malik :: Book 29 : Hadith 29.28.78
Yahya related to me from Malik from Thabit ibn al-Ahnaf that he married an umm walad of Abd ar-Rahman ibn Zayd ibn al-Khattab. He said, "Abdullah ibn Abd ar-Rahman ibn Zayd ibn al-Khattab summoned me and I went to him. I came in upon him and there were whips and two iron fetters placed there, and two of his slaves whom he had made to sit there. He said, 'Divorce her, or by He by whom one swears, I will do such-and-such to you!' I said, 'It is divorce a thousand times.' Then I left him and I saw Abdullah ibn Umar on the road to Makka and I told him about my situation. Abdullah ibn Umar was furious, and said, 'That is not divorce, and she is not haram for you, so return to your home.' I was still not at ease so I went to Abdullah ibn az-Zubayr who was the Amir of Makka at that time. I told him about my situation and what Abdullah ibn Umar had said to me. Abdullah ibn az-Zubayr said to me, 'She is not haram for you, so return to your home,' and he wrote to Jabir ibn al-Aswad az-Zuhra who was the Amir of Madina and ordered him to punish Abdullah ibn Abdar-Rahman and to have him leave me and my family alone. I went to Madina, and Safiyya, the wife of Abdullah ibn Umar fitted out my wife so that she could bring her to my house with the knowledge of Abdullah ibn Umar. Then I invited Abdullah ibn Umar on the day of my wedding to the wedding feast and he came."
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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).
Intense Anger Which Makes A Person Insane
Prophet (peace_be_upon_him) said: "There is no divorce and no freeing of slaves when it is done by force or in a state of intense anger." -- Ibn Maajah, 2046
*Note:when anger is so intense that a person becomes no longer aware of what he is doing or saying. In this case the divorce does not count according to the majority of the scholars, because he is like one who is insane and mad, one who has lost all power of reason. The way punishment for murder becomes valid unless the murderer becomes insane the same way divorce is valid unless the person becomes insane during the process.
Divorce From A Drunk Man Is Valid
Divorce Malik :: Book 29 : Hadith 29.28.82
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked about a man who divorced when he was drunk. They said, "When a drunk man divorces, his divorce is allowed. If he kills, he is killed for it."
Malik said, "That is what is done among us." Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . " Malik said, "That is what I saw the people of knowledge in our city doing."
29.30 Idda of Widows when Pregnant
Divorce In Jest
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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)
Unuttered Divorce Is Invalid
Divorce Bukhari :: Book 7 :: Volume 63 :: Hadith 194 Narrated Abu Huraira:
The Prophet said, "Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered." And Qatada said, "If someone divorces his wife just in his mind, such an unuttered divorce has no effect.:
Custody Of Childern
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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.
Divorce (Kitab Al-Talaq) Dawud :: Book 12 : Hadith 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.
Allah knows best.
