Marriage

‘A’isha told of hearing God’s Messenger say, “There is no divorce or emancipation in case of <i>ighlaq</i>." It is said that the meaning of <i>ighlaq</i> is “constraint”. Abu Dawud and Ibn Majah transmitted it.

Abu Huraira reported God’s Messenger as saying, “Every divorce is allowable except that by an idiot or one whose mind is deranged.” Tirmidhi transmitted it, saying this is a <i>gharib</i> tradition, and ‘Ata’ b. ‘Ajlan, the transmitter, is a weak authority whose traditions are rejected.

Ali reported God’s Messenger as saying, “There are three whose actions are not recorded:

a sleeper till he awakes, a boy till he reaches puberty, and an idiot till he is restored to reason.” Tirmidhi and Abu Dawud transmitted it. Darimi transmitted it on the authority of 'A’isha, and Ibn Majah on the authority of both (i.e. ‘Ali and ‘A’isha’)

‘A’isha reported God’s Messenger as saying, “The divorce of a slave-woman consists in saying it twice, and her <i>'idda</i> period is two courses.” Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

Abu Huraira reported the Prophet (ﷺ) as saying, “Women who withdraw themselves from their husbands and women who persuade their husbands to divorce them for a compensation are hypocrites.”* *This type of separation should be by mutual consent. Nasa’i transmitted it.

Nafi’ quoted a client to Safiya daughter of Abu ‘Ubaid to the effect that she got a divorce from her husband in return for everything she possessed and that ‘Abdallah b. ‘Umar made no objection to that. Malik transmitted it.

Mahmud b. Labid told that when God’s Messenger 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 God who is great and glorious while I am among you?" As a result a man got up and said, “Messenger of God, shall I kill him?" Nasa’i transmitted it.

Malik told of hearing that a man said to ‘Abdallah b. ‘Abbas, “I have divorced my wife, uttering the divorce a hundred times, so what do you think I have made myself liable for?” Ibn ‘Abbas replied, “She was divorced from you by three utterances, and by ninety-seven you have made a mockery of God’s verses.” He transmitted it in <i>al- Muwatta’</i>.

Mu'adh b. Jabal told that God’s Messenger said to him, “Mu'adh, God has created nothing on the face of the earth dearer to Him than emancipation, and God has created nothing on the face of the earth more hateful to Him than divorce.” Daraqutni transmitted it.

‘A’isha told that the wife of Rifa'a al-Qurazi came to God's Messenger and said, “I was married to Rifa’a but he divorced me, making my divorce irrevocable. Afterwards I married ‘Abd ar-Rahman b. az- Zubair, but all he possesses is like the fringe of a garment.” He asked her whether she wanted to return to Rifa'a, but when she replied that she did, he said, “You may not until ‘Abd ar-Rahman and you have experienced the sweetness of intercourse with one another.” (Bukhari and Muslim.)

‘Abdallah b. Mas'ud said that God’s Messenger cursed the man who made a woman lawful for her first husband and the one for whom she was made lawful.* * This refers to an arrangement to marry a divorced woman and to divorce her after having intercourse so that the one who had divorced her might remarry her. Darimi transmitted it, and Ibn Majah transmitted it on the authority of 'Ali Ibn ‘Abbas and ‘Uqba b. ‘Amir.

Sulaiman b. Yasar said he met over ten of the companions of God’s Messenger all of whom said that the one who swears to stay away from his wife must be made to return to her or divorce her at the end of the period. It is transmitted in <i>Sharh as-sunna</i>.

Abu Salama told that Sulaiman b. Sakhr, also called Salama b. Sakhr al-Bayadi, made his wife like his mother’s back* to him till the end of Ramadan, but when only half the month had gone he had inter-course with her during the night and went to God’s Messenger and mentioned that to him. He told him to set free a slave, but he replied that he could not get one; so he told him to fast two consecutive months, but he replied that he was unable to do that; he then told him to feed sixty poor people, but he replied that he did not possess the means, God’s Messenger then said to Farwa b. ‘Amr, “Give him that <i>‘araq</i> (i.e., a date-basket holding fifteen or sixteen <i>sa’s</i>) (Cf. page 426) in order that he may feed sixty poor people.” Tirmidhi transmitted it. *I have retained the Arabic idiom in the translation. The phrase is said to have been used as a kind of divorce in pre-Islamic times, meaning that intercourse with the woman is being considered as intercourse with one’s mother.

Abu Dawud, Ibn Majah and Darimi transmitted something similar on the authority of Sulaiman b. Yasar quoting Salama b. Sakhr who said, “I was a man who was more given than others to sexual intercourse.” Abu Dawud, Ibn Majah and Darimi transmitted. The version of Abu Dawud and Darimi has, “Feed sixty poor people with a camel-load of dates.

Sulaiman b. Yasar on the authority of Salama b. Sakhr, reported the Prophet (ﷺ) as saying about one who vows to make his wife like his mother’s back and has intercourse with her before making atonement, “There is one atonement.”* * Atonement for breaking the vow should be made before doing so, but if the vow is broken then the same atonement is enough. Tirmidhi and Ibn Majah transmitted it.

‘Ikrima told on the authority of Ibn ‘Abbas that a man who had vowed to make his wife like his mother’s back had intercourse with her before making atonement, so he went to the Prophet (ﷺ) and mentioned that to him. He asked him what had induced him to do that and he replied, “Messenger of God, I saw the whiteness of her silver anklets in the moonlight and could not restrain myself from having intercourse with her.” God's Messenger laughed and ordered him not to go near her till he had made atonement. Ibn Majah transmitted it, and Tirmidhi transmitted something similar, saying this is a <i>hasan sahih gharib</i> tradition. Abu Dawud and Nasa’i transmitted something similar both with a full <i>isnad</i> and in <i>mursal</i> form, Nasa’i saying that the <i>mursal</i> version is nearer the truth than the one with a full <i>isnad</i>.

Mu'awiya b. al-Hakam told that he went to God’s Messenger and said, “Messenger of God, I have a slave girl who was herding sheep of mine. I went to her, having missed a sheep from the flock, and asked her about it, and she told me it had been eaten by a wolf. I was annoyed with her, and being human, I struck her on the face. As it is my duty to set free a slave, should I set her free?” God’s Messenger asked her where God was and she replied that he was in heaven. He asked her who he was and she replied that he was God's Messenger. He then told him to set her free. Malik transmitted it. In Muslim’s version he said, “I had a slave girl who was herding sheep of mine in the direction of Uhud and al-Jawwaniya. One day I looked and saw that a wolf had gone off with one of our sheep. Now I am a man who becomes annoyed just as others do, but I gave her a blow and then went to God’s Messenger. He treated my offence as serious, and so I asked him whether I should set her free. He told me to bring her and when I did so he asked her where God was and she replied that He was in heaven. He asked her who he was and she replied that he was God’s Messenger. He then told me to set her free, for she was a believer.”* *This chapter has only one section.

Sahl b. Sa'd as-Sa‘idi told that ‘Uwaimir al-'Ajlani asked God’s Messenger:

“Tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you[1], or how should he act?’’ He replied, “A revelation has been sent down about you and your wife[2], so go away and bring her.” Sahl said that they cursed one another in the mosque and that he was along with the people who were with God’s Messenger. Then when they finished ‘Uwaimir said, “I shall have lied against her, Messenger of God, if I keep her,” and pronounced her divorce three times. God’s Messenger then said to the people, “Look, and if she bears a child which is black, and has very black eyes, large buttocks and fat legs, I cannot but imagine that ‘Uwaimir has spoken the truth about her; but if she bears a reddish child like the lizard with red spots (<i>wahara</i>), I cannot but imagine that ‘Uwaimir has lied against her.” She gave birth to a child like that described by God’s Messenger in declaring that ‘Uwaimir had spoken the truth, and afterwards its lineage was traced to its mother. (Bukhari and Muslim.) 1. Some texts read as translated above; others use the third person, with reference to the family of the man and their revenge for killing him. 2. Al-Qur'an 24:6.

Ibn ‘Umar said that the Prophet (ﷺ) made a man and his wife invoke curses when the man disowned her child, and separated them and attributed the child to the woman. In his tradition transmitted by both of them it says that God's Messenger exhorted and admonished the man and informed him that punishment in this world is easier than that in the next. He then summoned the woman and exhorted and admonished her and told her that punishment in this world is easier than that in the next. (Bukhari and Muslim.)

He reported the Prophet (ﷺ) as saying to two who were invoking curses regarding one another, “Your reckoning is in God’s hands, for one of you is lying.” He then told the man that he could not remarry her, whereupon he said, “Messenger of God, what about my property?”* He replied, “There is no property for you. If you have spoken the truth, it is the price of your having had the right to intercourse with her; and if you have lied against her, it is more remote still from you than she is.” * Referring to the dower be had paid. (Bukhari and Muslim.).