النص المفهرس

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your bed mates. And keep part those you went to be apart.
(ii)
Retain those of your wives whom you wish and divorce those you want to
separate.
(iii)
Marry those women of your ummah whom you like but decline those that you
do not like to marry
Imam Nawawi said that this verse is actually the abrogator of the verse:
لَا يَجِلُّ لَكَ النِّسَاءِ مِنْ بَعْدُ
{(Besides these,) it is not lawful for you take (more) wives after this) (33: 52)
رضى الله عنه death other woman besides his wives صلى الله عليه وسلم This is because till the Prophet's
were permitted to him.
صلى الله عليه وسلم said that this verse in his hadith is about the Prophet's رحمه الله Imam Baghawi
visits to his wives, by turns. "This," He says, "is the most correct opinion." It was wajib
(obligatory) on the Prophet صلى الله عليه وسلم too, to determine his visits to his wives but when this
verse was revealed the wajib (obligatory) nature was withdrawn. He was no more bound to
observe a set form of visits. He could call any of them he liked and could have intercourse
with whichever wife he liked. There was no sin in that, on him. In other words, Allah
slowed his excellence over other men of the ummah. He was also permitted to pass over the
turn of any of his wives.
The words of Sayyidah Ayshah رضى الله عنها when the verse (33: 51) (ترجى من تشاء) was revealed
were that his Lord Satisfies his desire quickly. She meant, as Nawawi ed +, says, "Allah
makes some commands soft for you ... "
WHICH WOMAN: The question arises who the woman was who had offered herself to the
رضى الله is marriage. Some scholars say that she was Sayyidah Maymunah صلى الله عليه وسلم prophet
Yet others say that she was .رضى الله عنها some other name her Sayyidah as Umm Sharik .عنها
Sayyidah Zaynab bint Khuzaymah Que an (+). There are those who suggest that she was
Khawlah رضى الله عنه bint Hakim.
However, this hadith implies that there was not just one woman but there were many
such women.
وَحَدِيْثُ جَابِرٍ إِتَّقُوا اللَّهُ فِي النِّسَاءِ ذُكِرَ فِي قِشَّةِ حَجَّةِ الْوَدَاعِ
The hadith of Jabir as a >, saying "Fear Allah concerning women" has been
narrated in the account of the Farewell pilgrimage. (hadith # 2555)
SECTION II
الفَصلُ الثَّالِثُ
KIND TREATMENT TO HIS WIVES
(٣٢٥١) عَنْ عَائِشَةَ أَنَّمَا كَانَتْ مَعَ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي سَفَّرٍ قَالَتْ فَسَابَقْتُهُ فَسَبَقْتُهُ عَلَى رِجُلَّ
فَلَنَّا حَمَلْتُ اللَّحْمَ فَسَابَقْتُهُ فَسَبَقَنِىْ قَالَ هذِهٍ بِتِلُكَ الشَّبْقَهِ-(رواهابوداؤد)
3251. Sayyiah Ayshah quan>, spoke of a journey of hers with Allah's Messenger
she raced him on foot and overtook him. Later, she had become fat صلى الله عليه وسلم
and again raced him but he overtook her. He remarked, "This answers for that
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earlier) outstripping."1
COMMENTARY: She raced on foot. It is to emphasise that they did not race on horse back,
etc. It is like saying, 'I wrote with my own hands,' 'I saw with my eyes.
This hadith teaches the men of the ummah to be pleasant and friendly with their wives.
Qadi Khan said that competition is allowed in four things: camels mules, horses, on foot
archery. These competitions should be free of betting. But, if only one.side puts conditions
then it is allowed. For instance, one of them stipulates that if he wins then he would take so
much but if the other wins nothing will be paid to him.
If both sides put conditions or bet then it is forbidden.
The two can put such conditions whereby the winner will get something if they include a
third with them who will get nothing if he wins.
However, while the pool will be lawful yet the competitors must not yearn for that, for,
Shari'ah (divine law) does not condone it. Prizes to winners are nevertheless legal. The
jurists all on it.
HE IS BEST WHO IS KIND TO HIS WIFE
(٣٢٥٣٠٣٢٥٢) وَعَنْهَا قَالَتْ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَيْرُ كُمْ خَيْرُكُمْ لِأَهْلِهِ وَأَنَا خَيْرُكُمْ لِاَ هُلِى
وَإِذَا مَاتَ صَاحِبُكُمْ فَدَعُوْهُ - رَوَاءُ التِّزْ مِذِىُّ وَالدَّارِمُِ وَرَاهُ ابْنُ مَاجَةً عَنِ ابْنِ عَبَّاسِ إِلى قَوْلِهِ لِلاَهْلی۔
3252. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم said,
"The best of you is the best of you to his family, and I am the best of you to my
family (for I treat my family better than any of you treats his family which includes
wife, children, relatives and servants). And, when your companion dies leave him
alone (and do not speak ill of him)."2
3253. Sayyiduna Ibn Abbas ws a+, narrated the same hadith up to the words to
my family.3
COMMENTARY: The best of you people if he who is kind and well-meaning to his wife
and children and kith and kin, and servants and subordinates. That conduct points out to
his good temperament.
When any of you dies, be he a relative or a friend, stop speaking ill of him. Do not backbite
him. According to a hadith:
"Remember your, dead with good words."
Speak only of their good qualities and do not mention their shortcomings.
Some scholars interpret these words to mean: 'when anyone dies among you, do not cry and
mourn over him and his love. Realise that you no more have a physical relationship with him.
Some scholars interpret the word sahib (companion) in the hadith to mean his own self.
The ummah is urged, 'when I depart from this world, do not exhibit grief and restlessness
because Allah is your Helper. He who had made my life a means of guidance and
auspiciousness for you. Will also retain you on the same guidance and auspicious after me.'
Yet other scholars interpret it to mean: 'when I die, leave me alone by not hurting my ahl
ul bayt (people of my house) , my sahabah and followers of my Shari'ah (described code of
1 Abu Dawud # 2578, Ibn Majah # 1979, Musnad Ahmad 6-39.
2 Tirmidhi # 3921, Darimi # 2260.
3 Ibn Majah # 1977.

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life), the scholars and the awliya(pious people). For if you hurt them, it is tantamount to
hurting me.
TIDING OF PARADISE TO OBEDIENT WIFE
(٣٢٥٤) وَعَنْ آَنَسٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمَرْأَّةُ إِذَا صَلَّكُ خَمْسَهَا وَصَامَتُ شَهْرَهَا
وَأَحْصَنَتْ فَرْجَهَا وَأَطَاعَتُ بَعْلَهَا فَلْتَدُخُلُ مِنْ آَيِّ ابٌوَابِ الْجَنَّةِ شَاءَتُ - رَوَاهُ أَبُوْ نُعَيُمِ فِى الْحِلِيَّةِ-
3254. Sayyiduuna Anas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said.
"The woman who offers the five times salah (prayer), fasts during the month (of
Ramadan) , preserves her chastity and obey her husband, may enter paradise from
whichever gate she chooses."1
.
PROSTRATION IF ALLOWED TO OTHERS
(٣٢٥٥) وَعَنْ أَبِيْ هُرَيْرَةَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَوْكُنْتُ أُمُرُ أَحَدًّا أَنْ يَسْجُدَ لِأَحَدٍ
لَأَمَرْتُ الْمَرْأَةَ آَنْ تَسْجُدَلِزَوْچھَا۔(رواه الترمذى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3255
said, 'Were I to command anyone to prostrate himself be fore a person. I would
have definitely commanded woman to prostrate herself before her husband.2
COMMENTARY: It is not allowed to prostrate oneself before anyone, but the Lord, Creator.
This hadith emphasizes that obedience to husband is wajib (obligatory) on a woman.
HUSBAND PLEASURE IS IMPORTANT
(٣٢٥٦) وَعَنْ أُمِّ سَلَمَةً قَالَتُ قَالَ رَسُولُ اللَّهِ عَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ أَيُّمَا اهْرَأَةٍ مَاتَتُ وَزَوُجُهَا عَنْهَا رَاضٍ
دَخَلَتِ الجُنَّكـ(رواه الترمذى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنها Sayyidah Umm Salamah .3256
said, "Any woman who dies while her husband was pleased with her (always till
her death) will enter paradise."3
COMMENTARY: This reward accrues to the woman whose husband whom she pleases is
a scholar and a righteous man. But, if she pleases him and he is a sinner an ignorant then
nothing may be said of this deed.
OBEY HUSBAND
(٣٢٥٧) وَعَنْ طَلْقِ بْنِ عَلِيٍّ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِذَا الرَّجُلُ دَمَا زَوُجَتَه ◌ِحَاجَتِهِ فَلْتَاتِهِ
وَإِنْ كَانَتْ عَلَى التَّقُّوْرِ - (رواه الترمذى)
3257. Sayyiduna Talq ib Ali رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"when a man invites his wife to fulfill his need, she must came to him even though
she be at the oven (and must satisfy his sexual urge)."4
1 Abu Nu'aym in Hilyah
2 Tirmidhi # 1159.
3 Tirmidhi # 1161, Ibn Majah # 1854.
4 Tirmidhi # 1160, Musnad Ahmad 4. 24, Bayhaqi in Sunan 7-292.

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COMMENTARY: This implies that even if there are possibilities of loss or damage if a
woman leaves what she is doing to respond to her husband's call to have sexual
intercourse, she must go to him promptly.
DO NOT ANNOY YOUR HUSBAND
(٣٢٥٨) وَعَنُ مُعَاذٍ عَنِ الَِّيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا تُؤْذِى اْرَأَهْ زَوْجَهَا فِي الدُّنْيَا إِلَّا قَالَتْ زَوْجَتُهُ مِنَ
الْخُوْرِ الْمِيْنِ لَا تُؤَذِيْهٍ قَاتَلَكِ اللّهُ فَإِنَّمَا هُوَ عِنْدَكِ دَخِيُلْ يُؤْشِكُ أَنْ يُفَارِقَكِ إِلَيْنَا- رَوَاهُ النِّزْمِذِىُّ
وَابْنُ مَاجَةَ وَقَالَ القِرْمِذُِّ هُذَا حَدِيْثْ غَرِئْبُ۔
3258. Sayyiduna Mu'adh رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "No
woman annoys her husband in this world without his wife among the large eyed
maidens protesting, 'Do not annoy him. May Allah curse you (and deprive you of
paradise and His mercy) He is nothing but a guest with you and will soon separate
from you and come to us."1
COMMENTARY: According to another version:
(لَعَنَ الْمَلَائِكةُ لِعَاصِيَةِ الّوج)
"The angels curse the woman who is disobedient to her husband."
These kind of ahadith disclose that the dwellers of the heaven learn of what human being
do in this world.
WOMEN'S RIGHT ON HUSBAND
(٣٢٥٩) وَعَنُّ حَكِيُمٍ بُنِ مُعَاوِيَةَ الْقُشَيْرِيِّ عَنْ اِيْهِ قَالَ قُلْتُ يَا رَسُوْلَ اللَّهِ مَا حَقُّ زَوْجَةٍ أَحَدِنَا عَلَيْهِ قَالَ
أَنْ تُطْعِمَهَا إِذَا طَعِمْتَ وَتَكْسُوُهَا إِذَا اكْتَسَيْتَ وَلَا تَضْرِبٍ الْوَجْهَ وَلَا تُقَبِّحُ وَلَا تَّمْجُرُ إِلَّ فِي الْبَيْتِ.
(رواه احمد وابوداود وابن ماجة)
3259. Sayyiduna Hakim ibn Mu'awiyah alus, Al-Qushayri alus, reported from his
father that he asked, "O Messenger of Allah, what right does a wife of one of us
have over him?" He said, "You should feed her when you eat, clothe her when you
clothe yourself and you must not strike (her) on the face, nor revile her. You should
not keep apart from her save within the house."2
COMMENTARY: The face is the most superior of all limbs. So, it is mentioned specifically
that one should not strike on the face. It means that a man is allowed to strike a wife on any
other limb when it is necessary for some serious lapse like committing indecency, omitting
the obligatory duties, etc. But, he should never strike on the face.
MAY A HUSBAND BEAT HIS WIFE DISCIPLINE. HER: Without doubt, man and
woman are of the same status as human beings. Again, in the sight of Islam, too, they are
on an equal plain. However, when man and woman marry and become life partners, there
is a small difference in their positions from the point of view of Shari'ah (divine law). The
husband enjoys a peculiar excellence and it is not concerned with human nobility and
honour. Rather, it has to do with their mutual relationship and rights. The husband,
therefore, can keep his wife bound to obey his commands that Shari'ah (divine law) has
1 Tirmidhi # 1174, Ibn Majah # 2014, Musnad Ahmad 5-252.
2 Abu Dawud # 2142, Nasa'i # 124, 447, Ibn Majah # 1850, Musnad Ahmad 4. 447.

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authorized him to enforce. They relate to the fard (compulsory) and wajib (obligatory) duties.
Thus if a wife does not obey her husband in these things and his entreaties and warnings
have no effect and he is certain that there is no likelihood of her reforming without taking
harsh measures then he may beat her provided her disobedience is within what Shari'ah
(divine law) has classified so. According to Fatawa Qadi Khan, a husband may beat his
wife over four things:
(i)
She does not adorn herself in spite of his command.
(ii)
He wishes to have a sexual intercourse but she refuses to have it though she
has no excuse (like menstruation etc.)
(iii)
She neglects the obligatory duties, like salah (prayer) etc. and does not have a
purifying bath after her menses and sexual intercourse.
(iv)
She goes out of the house without his permission.
TEMPORARILY APART: The concluding portion of the hadith means that if it become
necessary to keep apart from one's wife for some reason, then instead of separating from
her for ever, it is better to keep apart from her within the house. In this way, she might
mend and take heed, so that the extreme step of divorce is avoided.
The Quran says about it:
وَالَّلاتِيْ تَخَافُوْنَ نُشُوْزَ هُنَّ فَعِظُوْ هُنَّ وَاهْجُرُوْ هُنَّ فِي الْتَضَاجِعِ وَاضْرِبُوْ هُنَّ طـ (النساء ): ٣٣)
{And those from whom you fear defiance, admonish then first, (then if necessary)
banish them to their beds apart and (as a last resort). You may beat them} (4: 34)
DIVORCE THE FOUL MOUTHED WIFE
(٣٢٦٠) وَعَنْ لَقِيْطِ بُنِ صَبِرَةً قَالَ قُلْتُ يَا رَسُولَ اللَّهِإِثَّ لِيَ امْرَأَةً فِيْ لِسَائِهَا شَىْءٍ يَعْنِى الْبَذَاء قَالَ طَلِّقُهَا
قُلْتُ إِثّ لِىّ مِنْهَا وَلَدًا وَلَّهَا صُحْبَةٌ قَالَ فَمُرُهَا يَقُوْلُ عِظْهَا فَإِنْ يَكُ فِيْهَا خَيْرٌ فَسَتَقْبَلُ وَلَا تَضْرِبَنَّ
ظَمِيْنتَكَ ضَرُبَكَ أُمَنَّنَكَ۔(رواه ابوداؤد)
3260. Sayyiduna Laqit ibn Saburah لقيط ابن صبرة) رضى الله عنه) narrated that he asked, "0
Messenger of Allah, I do have a wife who has something (like a bite) in her
tongue," say an abusive speech. He said, "Divorce her." He submitted, "I have
children from her and a (long) companionship." He said, "Command her!" He said,
"Admonish her. If she has some good in her, he will (relent and) accept. Do not beat
your wife, as the beating of your female slave."1
COMMENTARY: The word 'Admonish her" are a narrator's to explain the Prophet's 4,le in
.meant to say that he should exhort her صلى اللهعليه وسلم word s' Command her!" The Prophet وسلم
The hadith concludes with a latent massage to first advice, urge and coax the woman to cease
from abusive language and irritative conduct. If that fails, then give her a light beating.
DO NOT BEAT WOMEN
(٣٢٦١) وَعَنْ إِيَاسِ بُنِ عَبْدِ اللَّهِ قَالَ قَالَ تَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا تَصْرِبُوْا إِمَاءَ اللَّهِ فَجَاءِ عُمَرُ إِلى
رَسُوْلِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ ذَيْرُنَ النِّسَاءَ عَلَى أَزْوَاجِهِنَّ فَرَخَّصَ فِ ضَرُبِهِنَّ فَأَظَافَ بِالِ رَسُولِ اللّهِ
1 Abu Dawud # 142, Musnad Ahmad 4-33.

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صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نِسَاءَ كَثِيرٌ يَشْكُوْنَ آَزْوَاجَهُنَّ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَقَدُ طَافَ بِآلِ مُحَتَّدٍ
نِسَاء كَثِيْ يَشْكُوْنَ اَزْوَاجَهُنَّ لَيْسَ أُولئِكَ خِيَارِ كُمُ-(رواه ابوداود وابن ماجة والدارمى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Iyas ibn Abdullah .3261
said, "Do not beat Allah's female servants (meaning, your wives). "Then, Sayyiduna
Umar رضى الله عنه came to Allah's Messenger صلى الله عليه وسلم (after this command of Allah's
Messenger) صلى الله عليه وسلم and submitted, "The woman have become bold (against their
husbands)." So, he gave permission to beat them. Then the women, plenty of them,
went round the wives of Allah's Messenger صلى الله عليه وسلم and complained about their
husband (who beat them). Allah's Messenger صلى الله عليه وسلم said, "A great number of
women have gone round Muhammad's wives and complained of their husbands.
They (who beat their wives) are not the best of you."1
COMMENTARY: They are the best of people who do not beat their wives. They endure the
hardship caused by their wives.
Imam Shafi'I رحمه الله said that the Prophet صلى الله عليه وسلم had forbidden men to beat women before
the revelation of verse (4: 34). Then he allowed it when women become daring against their
husbands. This verse was revealed to uphold his command that they may be beaten.
When the women made their complaints, he advised that though it is permitted to beat
women yet it is better to show patience at their daring and boldness.
INCITING WOMAN AGAINST HUSBAND IS VERY BAD
(٣٢٦٢) وَعَنْ أَبِي هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَيْسَ مِنَّا مَنْ خَبَّبَ إِنْرَأَةٌ عَلَى زَوُچِهَا آَوْ
عَبْدًا عَلىسَيِّدِه- (رواه ابوداؤد)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3262
said, "One who entices a woman against her husband, or a slave against his master,
dues not belong to us."2
COMMENTARY: It is a very wrong thing to prompt evil to woman against her husband or
a slave against his master. The same command applies to inciting a man against his wife or
his slave or his female slave, or a female slave against her master.
SIGN OF PERFECT FAITH
(٣٢٦٣) وَعَنْ عَائِشَةً قَالَتْ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِّ مِنْ أَكْمَلِ الْمُؤْمِنِيْنَ إِيْمَانًّا أَحْسَنَهُمُ
خُلُقًا وَاَلْطَفُهُمْ بٍأَهْلِهِ-(رواه الترمذى)
3263. Sayyiduna Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم said,
"The believer who has the most perfect faith is he who is the best of them in
manners and who is most mild to his family."3
COMMENTARY: Anyone who possesses perfect faith and is find to his family is a
perfect believer.
1 Abu Dawud # 2146, Ibn Majah # 1985.
2 Abu Dawud # 5170, Musnad Ahmad 2. 397.
3 Tirmidhi # 2621, Musnad Ahmad 6. 47.

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(٣٢٦٤) وَعَنْ أَبِي هُرَيْرَةً قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَكْمَلُ الْمُؤْمِنِينَ إِنْمَانًا أَحْسَنَهُمْ خُلُقًا
وَخِيَّارُكُمْ خِيَارُكُمْ لِنِسَائِهِمْ رَوَاهُ التِّزْ مِذِىُّ وَقَالَ هُذَا حَدِيْثُ حَسَنٌ صَحِيْعٌ، رَوَاهُ أَبُوْدَاؤدَ إِلَى قَوْلِهِ خُلُقًا.
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3264
said, "The best believers having the most perfct faith are they who possess the best
m anners. And, the best of you are they who are the best to their wives."1
رضى الله عنها A HAPPY MOMENT WITH AYSHAH
(٣٢٦٥) وَعَنْ عَائِشَةً قَالَتْ قَدِمَ رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ مِنْ غَزْوَةِ تَبُوْكَ آَوْحُنَيْنٍ وَفِي سَهُوَتِهَا سِنُوْ
فَهَبَّتُ رِئْمُ فَكَّشَفَتْ نَاحِيَّةَ السِّتْرِ عَنْ بَنَاتٍ لِعَائِشَةَ لُعَبٍ فَقَالَ مَا هَذَا يَا عَائِشَةُ قَالَتْ بَنَاتِ وَرَأْى بَيْتَهُنَّ
فَرَسَّالَهُ جَنَاحَانٍ مِنْ رِقَاءٍ فَقَالَ مَا هَذَا الَّذِىُ أَزِى وَسُطَهُنَّ؟ قَالَتْ فَرَسْ قَالَ وَمَا الَّذِى عَلَيْهِ قَالَّتُ
جَنَا حَانٍ قَالَ فَرَسْ لَهُ جَنَاحَانٍ؟ قَالَتْ أَمَا سَمِعْتَ آَثّ لِسُلَيْمَانَ خَيْلًا لَهَا أَجْنِحَةٌ قَالَتْ فَضَحِكَ
حَتَى رَأَیْتُ تَوَاجٍذَه-(رواهابوداؤد)
3265. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم returned
from the Battle of Tabuk or Hunayn. A curtain hung before her storeroom which
the wind raised high bringing into view some of her dolls. He asked, "What is this,
O Ayshah?" She said, "My dolls!" He also saw among them a horse that had two
wing contrived out of rags or paper. He asked, "What is it that I see among them?"
She said, "A horse!" He asked, "And what is that over it?" She said, "Wings!". He
asked (in astonishment). "A horse that has wings?" She quipped, "Have you not
heard that (prophet) Sulayman (>Jule had horses with wings?" She added that he
laughed so much (on hearing her words) that she could see his back teeth.2
COMMENTARY: The sub-narrator was unsure whether the Prophet صلى الله عليه وسلم had
returned from the battle of Tabuk or Hunayn. So he expresses his doubt in the hadith.
صلى اللهعليه وسلم Tabuk is about 465 miles from Madinah on the road to Damascus. The Prophet
had led his army there in 9 AH, but the enemy retreated without contending.
Hunayn is a valley to the north east of Makkah towards Ta'if. It is also called Awtas. The
Battle of Hunayn was fought here in 8 AH after the conquest of Makkah.
The ruling about playing with dolls has been mentioned previously in the chapter on wali
(hadith # 3129).
SECTION III
اَلْفَضِلُ الثَّالِثُ
NOT ALLOWED TO PROSTRATES ONESELF BEFORE ANOTHER
(٣٢٦٦ -٣٢٦٧) وَعَنْ قَيْسِ بْنِ سَعْدٍ قَالَ أَتَيْتُ الْحِيْرَةَ فَّرَأَيْتُهُمْ يَسْجُدُونَ لِمَرْزُبَانٍ لَّهُمْ فَقُلْتُ لِرَسُولِ
اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَحَقُّ أْ يُسْجَدَ لَّهُ فَأَتَيْثُ رَسُولَ اللُّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقُلْتُ إِنِّى أَتَيْتُ
1 Tirmidhi # 1165, Abu Dawud # 4682 but only up (Arabic) manner.
2 Abu Dawud # 4932.

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الْحِيْرَةَ فَرَأَيْتُهُمْ يَسْجُدُونَ لِمَرْزُ بَانٍ لَهُمْ فَأَنْتُ أَحَقُّ بِأَنْ يُسْجَّدَ لَكَ فَقَالَ لِى أَرَأَيْتَ لَوْ مَرَرْتَ
بِقَبْرِىٌ أَكُنْتَ تَسْجُدُ لَه فَقُلْكُ لَا فَقَالَ لَّا تَفْعَلُوا لَوْ كُنْتُ أَمْرُ أَجَدًّا أَنْ يَسْجُدَ لِأَحَدٍ لَّأَمَرُتُ النِّسَاءِ
أَنْ يَسْجُدُنَ لِأَزْوَاجِهِنَّ لِمَا جَعَلَ اللَّهُ لَهُمْ عَلَيْهِنَّ مِنْ حَتٍ - رَوَاءُ أَبُوْدَاودَ وَرَوَاهُ أَحْمَدُ عَنُ مُعَاذٍ بُنِ جَبَلٍ-
3266. Sayyiduna Qays ibn Sa'd wal +, reported: I came to Hirah (a city near Kufah)
and observed them prostrating themselves before their local governor. I thought (to
myself). "Allah's Messenger صلى الله عليه وسلم is more deserving of the prostration to be
made. before him." Thus, when I came to Allah's Messenger صلى الله عليه وسلم , I said to
him, "I had gone to Hirah. And I observed them prostrate themselves before their
local governor but you have more right that people should prostrate themselves
before you." He said, "What do you say? Were you to pass by my grave, would you
prostrate yourself to it?" I said, "No." He said, "Do not do it any of you (even while
I am alive). Were I to command anyone to prostrate himself before another, I would
surely have commanded the women to prostrate themselves before their husbands
because of the right over them conferred on the husbands by Allah."1
3267. Sayyiduna Mu'adh ibn Jabal usd +, narrated that same hadith.2
COMMENTARY: Sayyiduna Qays s à », thought who could be more deserving of
prostration being made before him then the chief of the two worlds, the prophet le and
. He had seen the people of Hirah prostrating themselves before their ruler. But, the
Prophet صلى الله عليه وسلم made it clear to him in a very simple manner that the human forehead
is so much sacred that it may prostrate itself only before its creator and none else, not any
creature at all. Allah says:
لَا تَسْجُدُوْا لِلشَّمْسِ وَلَا لِلْقَمَرِ وَاسْجُدُ وْ اللَّهِ الَّذِى خَلَقَهُنَّ إِنْ كُنْتُمُ إِيَّاهُ تَعْبُدُونَ - (فصلت ٣٤:٣١)
{Prostrate not yourselves unto the sun nor to the moon, but prostate yourselves to
Allah who created them, if it is, in truth, Him whom you warship.} (41: 37)
BEATING ONE'S WIFE
(٣٢٦٨) وَعَنُ عُمَرَ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يُسْتَلُ الرَّجُلُ فِيْمَا ضَرَبَ إِمْرَأَتَّهُ عَلَيْهِ.
(رواه أبوداود وابن ماجة)
3268. Sayyiduna Umar رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "(If a man
beats his wife for a valid reason) , he will not be asked why he beat her."3
COMMENTARY: The words 'he will not be asked' mean that it will not be sinful for him if
he beats his wife provided he observed the relative conditions and did not transgress.
The word 'disobedience' is understood in words (واللاتى تخافون نشوز من الخ) (why).
OPTIONAL FASTING ONLY ON HUSBAND'S PERMISSION
(٣٢٦٩) وَعَنْ أَبٍ سَعِيٍُّ قَالَ جَاءَتْ إِمُرَأَةٌ إِلَى تَسُوْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَنَّكُنُ عِنْدَهُ فَقَالَّتُ زَوْجِىُ
1 Abu Dawud # 2140, Darimi # 1463.
2 Musnad Ahmad 5-227.
3 Abu Dawud # 2147, Ibn Majah # 1986.

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صَفْوَاكُ بْنُّ الْمُعَطَّلِ يَضْرِ بُنِى إِذَا صَلَّيَّتُ وَيُفَظِّرُنِي إِذَا صُمْتُ وَلَا يُصَلّى الْفَجْرَ حَتَّى تَطْلُعَ الشَّمْسُ قَالَ
وَصَفْوَانُ عِنْدَهُ قَالَ فَسَأَلَهُ عَمَّا قَالَتْ فَقَالَ يَا رَسُولَ اللّهِ آَمَّا قَوْلُهَا يَضْرِبُنِى إِذَا صَلَّيْتُ فَإِنََّا تَقْرَأُ بِسُؤْرَتَيْنِ
وَقَدْ نَهَيْتُهَا قَالَ فَقَالَ لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَوْ كَانَتْ سُوْرَ ةٌ وَاحِدَةٌ لَكَفَّتِ النَّاسَ قَالَ وَآَمَّا قَوْلُهَا
يُفَطِّرُ نِيِ إِذَا صُمْتُ فَإِنَّهَا تَنْطَلِقُ تَصُوْمُ وَأَنَا رَجُلْ شَابٌ فَلَا أَصْبِرُ فِقَالَ تَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لًا
تَصُوْمُ امْرَأَةٌ إِلَّا بِإِذْنٍ زَوْجِهَا وَآَمَا قَوْلُهَا إِّ لَا أُصَلِى حَتَّى تَظْلُّةَ الشَّمْسُ فَإِنَّا أَهْلُ بَيْتٍ قَدْ عُرِفَ لَنَا ذَاكَ
لَا تَكَادُ نَسْتَيْقِظُ حَتَّى تَطْلُعَ الشَّمْسُ قَالَ فَإِذَا اسْتَيْقَظْتَ يَا صَفْوَانُ فَصَلِّ-(رواه ابوداود وابن ماجة)
3269. Sayyiduna Abu Sa'eed رضى الله عنه narrated that a woman came to Allah's
Messenger صلى الله عليه وسلم while they were sitting with him. She complained, "My
husband safwan ibn al-Mu'attal رضى الله عنه beats me when I offer the salah (prayer),
compels me to break my fast when I fast and he himself offers the salah (prayer) of
fajr only when the sun rises (or is about to rise)." (At that time,) Safwan usd +, was
there. So, he asked him about what she had said, He said, "O Messenger of Allah,
as for her saying that I beat her when she offers the salah (prayer), she recites two
surahs though I have forbidden her (to recite lengthy two surahs in each raka'ah)."
So, Allah's Messenger صلى الله عليه وسلم said, "If only one surah is recited (after surah al-
fatihah) that suffices the people." Then, he (Safwan) said, "As for her saying that I
make her break her fast when she fasts, she goes on fasting (day after day, the
supererogatory fasts). I am a young man (who does not get an opportunity in the
night so I crave for her during the day) and I cannot check myself." On that, Allah's
Messenger صلى الله عليه وسلم said, "No woman may fast (a supererogatory fast) without her
husband's permission." Then, he (Safwan) added, "As for her saying that I offer the
salah (prayer) only when the sun rises, I am from a family that (works by night and)
is known to awaken at sun rise. (We work on the field irrigating it all night)." He
(the prophet) صلى اللهعليه وسلم said, "Safwan offer the salah (prayer) when you awake."
COMMENTARY: Safwan was a former. He had to attend to his field till late in the night
and went to sleep at his farm. So, the Prophet صلى الله عليه وسلم accepted his excuse and said to
him, "Offer salah (prayer) when you awake but before attending to any other work."
OBEY HUSBAND EVEN A STRICT COMMAND
(٣٢٧٠) وَعَنْ عَائِشَةَ آَّ رَسُولَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كَاتَ فِيْ نَفَرٍ مِنَ الْمُهَاجِرِيْنَ وَالْآَنْصَارِ فَجَاءَ
بَعِيُّرْ فَسَجَدَلَه فَقَالَ أَصْحَابُهُ يَا رَسُولَ اللَّهِ تَسْجُدُ لَكَ الْتَهَائِمُ وَالشَّجَرُ فَتَحْنُ أَحَقّ اجْ تَسْجُدَلَكَ فَقَالَ
اعْبُدُوا رَبَّكُمْ وَأَكْرِمُوْا أَخَاكُمْ وَلَوْ كُنْتُ أُمُرُ أَحَدًا أَنْ يَسْجُدَ لِأَحَدٍ لَّاَ مَرْتُ الْمَرْأَةَ أَكْ تَسْجُدَ
لِزَوُجِهَا وَلَوْ أَمَرّهَا أٌَ تَنْقُلَ مِنْ جَبَلٍ أَصْفَرَ إِلى جَبَلٍ اسْوَدَ وَمِنْ جَبَلٍ اسْوَدَ إِلَى جَبَلٍ اَنْيَضَ كَانَ يَنْبَغِى
لَهَا أَنْ تَفْعَلَة۔ (رواه احمد)
صلى الله عليه وسلم narrated that (once) Allah's Messenger رضى الله عنها Sayyidah Ayshah .3270

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was among a company of muhajirs (emigrants) and Ansars. A camel came and
prostrated itself before him. His companions us àn +, said, "O Messenger of Allah,
the animals and the trees prostrate themselves before you, so we are more eligible
to prostrate ourselves before you." He said. "Worship your Lord and honour your
brother" (meaning himself). "If I would command one to prostrate himself before
any (other than Allah) , I would instruct a woman to prostrate herself before her
husband. And, were he to command her to move stones from a yellow mountain to
a black mountain and from a black mountain to a white mountain, it would be
binding on her to do it."1
COMMENTARY: Prostration is truly a form of worship and only Allah has the right to be
worshipped. No one other than Allah - not even a prophet - can be worshipped. Do not
make me Allah's partner by worshipping me, for. He has sent me as His Prophet and
Messenger to you not to get you to worship me, but to bring you out of polytheism to the
path of monotheism. In other words, he called their attention to the verse:
وَمَا كَانَ لِبَشَرٍ أَنْ يُؤْتِبَهُ اللّهُ الْكِتَابَ وَالْحُكُمَ وَالنُُّؤَّة ◌ُؤَّ يَقُوْلَ لِلنَّاسِ كُوْنُوْا عِبَادٌّلِِّ مِنْ دُونِ اللهِ
وَلِكِنْ كُوْنُوْا رَبَّانِيْنَ- (ال عمران ٤٩:٣)
{It does not become a human being that Allah should grant him the Book, the
wisdom and the prophethood, then he should say to mankind, 'Be you worshippers
of me, instead of Allah." but (he would say) , "Be you men of God .. "} (3: 79)
As for the prostration of the camel before the prophet صلى الله عليه وسلم , it should not cause any
doubt because it was by way of something contrary to custom (and to the natural laws and
traditions as something out of the ordinary). Allah has made the camel subservient. The
Prophet jule à had no say in Allah's Command. Besides, the camel was completely
under command. Just as Allah had commanded the angels to prostrate themselves before
(Sayyiduna) Aadam (>Jule and their prostrating themselves before him caused no wonder
and raised no questions because they were bound to obey Allah's command, so. Too the
camel was under Allah's command to prostrate itself before the Prophet y,lean Lo. It had
to obey Allah's command in any case.
The Prophet's Lys à . words that they should honour their brother, meaning himself,
imply that his position and rank demanded from them only their love and obedience to
him both outwardly and inwardly.
The mountains have been described with colours to suggest a long distance between them.
Such mountains are not found near to one another. The sentence, therefore, means that
even if two mountains are very for apart and the husband orders his wife to transfer stones
from one to another mountain, then she must obey him and do that.
In short, if a husband issues such a strong and difficult command to his wife, she is bound
to obey him.
SALAH (PRAYER) IS NOT APPROVED FULLY IF HUSBAND IS NOT PLEASED
(٣٢٧١) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ثَلَاثَةٌ لَا تُقْبَلُ لَهُمْ صَلَاةٌ وَلَّا يُضْعَدُ لَهُمْ حَسَنَةٌ
1 Musnad Ahmad 6-76

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الْعَبْدُ الْأَبِقُّ حَتَّى يَرْجِعَ إِلى مَوَالِيْهِ فَيَضَعَ يَدَهُ فِيْ آَيْدِيْهِمْ وَالْمَرْأُ السَّاخِطُ عَلَيْهَا زَوُجُهَا وَالسَّكُرَابُ حَتُى
يَصْحُوَ رَوَاهُ الْبَيْهَقِيُّ فِى شُعَبِ الْإِيْمَانٍ.
3271. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Three there are whose salah (prayer) is not accepted (in a perfect manner) , and
their pious deeds do not ascend (to Allah):
1. A runaway slave until he comes back to his masters and puts his hand in
theirs. (It means that he hands himself over to them and obeys them.)
2. And, a woman whose husband is displeased with her.
3.
And, a drunkard until he gets sober."1
COMMENTARY: The slave must come back to his masters. The plural form is used
because it includes the master and his sons. The slave has to be faithful not only to his
master but also to his master's sons.
According to another version, there are after the words
(si) her husband, the words(wet>)) gets pleased with her.
In this hadith under discussion, these words are implicit, so they are not mentioned. The
meaning in either case is that either her husband becomes pleased with her or divorces her.
1
THE BEST WIFE
(٣٢٧٢) وَعَنْ أَبِيْ هُرَيْرَةً قَالَ قِيْلَ لِرَسُوْلِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أَىُّ النِّسَاءِ خَيْرْ قَالَ الَّتِى تَسُرُّهِ إِذَا نَظَرَ
وَتُطِيعُهُ إِذَا أَمَرَ وَلَّا تُخَالِفُهُ فِي نَفْسِهَا وَلَا فِيْ مَالِهَا بِمَا يَكُرَهُ رَوَاهُ النِّسَائِىُّ وَالْبَيْهَقِيُّ فِيْ شُعَبِ الْإِيمَانِ.
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3272
was asked, "which woman is the best?" He said, "She who pleases (her husband)
when he looks at her, obeys him when he asks her to do something (provided it
does not contravene Shari'ah (divine law)) , and apposes not his wishes in regard to
herself and her property by doing what he does not like."2
COMMENTARY: The distinction of the best women is that she pleases her husband when
he looks at her. She has a very good disposition and good manners. This makes him happy.
And, if she has good looks and conduct too, then his pleasure known no bunds.
Another distinction is that she does not act in a way that hurts her husband in any way.
This concern both her self and property.
The property could be, her own as also her husband's. She may not use any of these in such
a way as displeases her husband. It could also refer to her husband's property in her hands.
She does not misuse it but spends only as her husband wished her to spend.
MERIT OF A TRUSTWORTHY WIFE
(٣٢٧٣) وَعَنِ ابْنِ عَبَّاسٍ أَكَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ أَرْبَهْ مَنْ أُعْطِيَهُنَّ فَقَدْ أُعِىَ خَيْرَ الدُّنْيَا
وَالْآخِرَةِ قَلْبُ شَاكِرٌ قَلِسَانٌ ذَاكِرْ وَبَدَرْب عَلَى الْبَلَاءِ صَابِرٌ وَزَوْجَةٌ لَا تَبْغِيْهِ خَوْنًا فِيْ نَفْسِهَا وَلَّا مَالِهِ۔
رَوَاهُ الْبَيْمَقِيُّ فِى شُعَبِ الْإِئْمَانِ.
1 Bayhaqi # 8600 in Shu'ab ul Eeman.
2 Nasa'i # 3231, Bayhaqi in Shu'ab ul Eeman.

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3273. Sayyiduna Ibn Abbas رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"Four things there are such as if bestowed on anyone then he is given the best in
this world and the next. (They are: )
(i) A grateful heart (that thanks Allah for His bounties).
(ii) A tongue that is engaged in the remembrance of Allah in difficulty and ease).
(iii) A body that endures trials patiently.
(iv) A wife who does act treacherously (with him) in her person and his property.
CHAPTER - XII
AL-KHULA' WA AT-TALAQ KHULA' (OR
SEPARATION INITIATED BY WIFE) & DIVORCE
بَابُ الْخُلُعِ وَالطّلَاقِ
WHAT IS KHULA' (4): It is with a dummah ( .) of Kha (¿), khula' and a fathah of the kha,
Khala', a noun. The former in a literal sense is to remove or take out something and
generally it is applied to removing or taking off a garment or socks, etc. in the terminology
of Shariah, it is the removal of matrimonial bond. It is 'to get rid of the ownership by
marriage against wealth with the word khula'.' Or, it is 'to acquire wealth from one's wife
with the word khula' to reyoke the ownership by marriage.'
This terminology of Shari'ah (divine law) is explained thus: if husband and wife are at
loggerheads and there is no way they may reconcile and the husband does not
pronounce divorce, then it is allowed to the woman to pay some money and pay her
dower and get deliverance.
She may tell the man 'take so much money and make khula' It means 'get rid of me.' Or
she tells him to get rid of her against the dower that is payable by him.
.
In response, the man may say, 'I get rid of you.' This causes one pronouncement of talaq
ba'in on the woman (ba'in is irrevocable). Both will separate.
Mazhar altas, said that the ulama (Scholars) differ on whether it is divorce or annulment
when a man says to his wife, 'I have made khula' with you against so much money' and
she says, 'I have accepted it, and thereafter they separate. Imam Abu Hanifah als, and
Imam Maalik al>, say that it is talaq ba'in (an irrevocable divorce). An opinion of Imam
Shafi'I antes, which is more rightly attributed to him agrees with them. However, Imam
Ahmad al-, holds that it is faskh (an annulment) and an opinion of Imam Shafi'I al das,
tends to agree with him.
If husband and wife are disunited because of the husband's injustice and the wife demands
the khula' because of his injustices and excesses, then it is makruh (disapproved) for the
husband to take anything against making khula', like money etc.
If the reason behind seeking khula is the wife's obstinacy and disobedience, then it is
makruh (disapproved) for the husband to take against the khula' so much money as is in
excess of what he has paid to his wife as a dower.
WHAT IS TALAQ: In the literal sense, talaq is 'to open or undo' and 'to leave or separate'
In the terminology of Shari'ah (divine law) it is:
'a man's releasing the woman from the restrictions imposed on her because of the
marriage."
Insha Allah the kind of talaq (divorce) and their commands will be mentioned in the

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following lines.1
SECTION I
الفَضْلُ الْأَوَّلْ
DIVORCE FROM DISLIKED HUSBAND
(٣٢٧٤) عَنِ ابْنِ عَبَّاسِ آَكَّ امْرَأَةً ثَابِتِ ابْنٍ قَيْسٍ أَتَتِ النَّيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَتْ يَا رَسُولَ اللهِ
ثَابِتُ بُنُّ قَيِّسٍ مَا أَعْتِبُ عَلَيْهِ فِيْ خُلُقٍ وَلَّا دِيْنٍ وَلَكِتِّ أَكْرَهُ الْكُفْرَ فِي الْإِسْلَامِ فَقَالَ رَسُوْلُ اللَّهِ صَلَّى اللَّهُ
عَلَيْهِ وَسَلَّمَ آَتَرُ دِيْنَ عَلَيْهِ حَدِيْقَتَهُ قَالَتْ نَعَمْ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ إِقْبَلِ الْحَدِيْقَةَ وَطَلِّقُهَا
تَطْلِيقَةً۔(رواه البخارى)
رضى الله عنه narrated that the wife of Thabit ibn Qays رضى الله عنه Sayyiduna Ibn Abbas .3274
came to the Prophet صلى الله عليه وسلم and submitted, "O Messenger of Allah, I do not
blame Thabit ibn Qays, nor do I pick faults in his character and religion, but I do
صلى الله عليه وسلم not like ingratitude (or sin) in regard to) Islam." So, Allah's Messenger
asked her, "Will you return to him his garden (that he had given you as your
dower)?" She said, "Yes!" Allah's Messenger صلى الله عليه وسلم said (To Thabit) , 'Accept
the garden and pronounce divorce to her once."2
COMMENTARY: The wife of Sayyiduna Thabit ibn Qays رضى الله عنه had no complaint against
him, but she did not like him. She feared that this might cause her to be ungrateful or
disobedient to him. She would not like that to happen so why should they not separate.
It is said that Sayyiduna Thabit ibn Qays As an>, was very ugly and short statured. His
wife's name was (Sayyidah) Habibah or Jamilah. She was very beautiful and charming.
Hence, they were unmatched - strange bedfellows! She was not disposed to him. The
prophet صلى الله عليه وسلم , therefore, instructed Sayyiduna Thabit رضى الله عنه to divorce his wife but
with only one pronouncement.
We know from this that it is better for a man who divorces his wife to declare it only once
so that if they intend to revoke the divorce, they may do it. This was the reason why the
Prophet صلى الله عليه وسلم told him to declare divorce only once.
We also know from this that khula' is divorce, not an annulment. The compiler of the
: صلى اللهعليه وسلم Hidayah has cited a hadith of the Prophet
الْخُلُُّ تَظْلِيفَةُ بَائِنَةٌ
"Khul'a effects an irreversible divorce."3
DO NOT DIVORCE A MENSTRUATING WOMEN
(٣٢٧٥) وَعَنْ عَبْدِ اللَّهِ بْنِ عُمَرَ أَنَّهُ طَلَّقَ امْرَ أَّ لَهُ وَهِىَ حَائِضْ فَذَكَّرَ عُمَرُ لِرَسُوْلِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
فَتَغَيََّ فِيْهِ رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ثُمَّ قَالَ لِيُرَاجِمْهَا ثُّ يُمْسِكُهَا حَتَّى تَظْهُرَ نُؤَّ ◌َحِيُضَ فَتَظْهُرَ
فَإِ بَدَالَه آَنْ يُطَلِّقَهَا فَلْيُطَلِّقُهَا طَاهِرًا قَبْلَ أَنْ يَمَنَّهَا فَتِلْكَ الْعِدَّةُ الَّتِىِ أَمَرَ اللَّهُ أَنْ تُطَلَّقَ لَّهَا
1 See also the hidayah v1 pp 194-200, Marghinani. Darul Isha'at Karachi.
2 Bukhari # 5273, Nasa'i # 3463, Ibn Majah # 2056, Musnad Ahmad 3-4.
3 Hidayah v1 p 194.

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النِّسَاء وَفِي رِوَايَةٍ مُرُهُ فَلْيُرَاجِمْهَا ثُؤَّ لْيُطْلِقُهَا طَاهِرًا أَوْ حَامِلًا - (متفق عليه)
3275. Sayyiduna Abdullah ibn Umar wa +, is reported to have divorced one of his
wives while she was menstruating. Sayyiduna Umar as a +, mentioned this to
Allah's Messenger صلى الله عليه وسلم who became angry at it, saying, "He must (atone for it
and) take her back (by saying to her, 'I have taken you again as my wife). Then, he
must keep her with him till she is purified and then has another menstruation and
is purified again. Then, if it appears necessary to him to divorce her, he may divorce
her when she is pure (of menses) before he has sexual intercourse with her. This,
doing which Allah has commanded that woman be divorced (if that is to be done)."
According to another version, he said, "Instruct him to take her back. Then, he may
divorce her when she has purified from menstruation, or is pregnant."1
COMMENTARY: The Prophet Lycan Lo anger is indication that it is forbidden to divorce
a woman when she is menstruating. It is forbidden because the man may have divorced
her out of aversion for menstruation. He may not really have divorce in mind.
'However, if anyone divorces his wife while she is menstruating, then divorce takes effect.
This is why the Prophet صلى الله عليه وسلم instructed Abdullah to reverse the divorce (or take her
back). Clearly taking her back can only be after divorce.
The question arises why was he asked to defer divorce till she has had her second menses
and purifies from it. The ulama (Scholars) say that there are several reasons for it.
(i)
The ruju or reversing of divorce should not be with intention to divorce again.
This is why the waiting period is postponed so that not only it becomes
permitted to divorce but also the man has an opportunity to reconsider his
decision. Perhaps, they might find something whereby it does not become
necessary to divorce the woman. These two things can be possible only by
deferring divorce till the second time purity is attained.
(ii)
The postponement for such a long time is a punish the man for having
divorced his wife while she was menstruation.
(iii)
The menstruation during which the woman was divorced and the purity
attained for it (and the period of purification are both, as it were,
interconnected and counted as one). Thus, it divorce were given after the first
menses during the first purification, it is deemed to have been given during the
first menstruation.
However, it must be understood that it is not wajib (obligatory) to wait for the second purity
to divorce the woman. It is better, of course.
THREE KINDS OF DIVORCE: There are three kinds of divorce depending on time and
situation. They are:
(i)
Ahsan.
(ii)
Hasan, also called sunni
(iii).
Bida'i
(i)
The Ahsan form of divorce is that a talaq raji (revocable divorce) is pronounced
during a purity within which sexual intercourse is not had and the woman is
divorced in that very condition (meaning, he does not pronounce any more
1. Bukhari # 4908, Muslim # 1-1471, Tirmdhi # 1178, Abu Dawud # 2179, Nasa'i # # 2289, Ibn Majah #
3019, Darimi # 2362, Muwatta Maalik # 53 (Talaq) , Musnad Ahmad 2-26.

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divorce and does not have sexual intercourse with her) till her iddah is over.
This kind of divorce is the best.
(ii)
The Hasan form of divorce is that a revocable divorce is pronounced during a
state of such purity within which no sexual intercourse was had, provided the
woman is madkhul biha (one with whom he has had sexual intercourse some
time). If she is ghayr madkhul biha (meaning, less then nine years old or an
adult with whom her husband has not had sexual intercourse) then one talaq
hasan is pronounced for her. Also, she may be divorced even when she is
menstruating. The talaq hasan for a minor girl and pregnant women and old
women (past menopause) is that one pronouncement is made each month (for
three months) and it is also allowed to divorce these woman after having
sexual intercourse with them. This kind of divorce is also good.
(iii)
The bida'I (or bida'i) form of divorce is the madkhul biha is divorced
(completely) in just one period of her purity or on a single moment with three
pronouncements of divorce, or with such two pronouncements that do not
allow for a reversal (or revoking) , or pronounce divorce during a purity
within which sexual intercourse has been had with her. Thus if a man divorce
his wife when she is menstruating then this too is talaq bida'i. If the woman
who is divorced is madkhul biha then, according to the most authentic
tradition, it is wajib (obligatory) to revoke the divorce to her. But some ulama
(Scholars) say that it is mustahab (desirable) to do so. When she gains purity and
again gets her menses and again purifies from it, and till this time the man has
not changed his mind and insists on divorcing her then divorce may be
pronounced during her second purification. This third kind of divorce, is
disliked by Shari'ah (divine law). Though divorce is valid yet the man giving
the divorce has sinned.
TWO KINDS OF DIVORCE: In terms of their effectiveness, divorce is of two kinds:
(ii)
(i)
Raj'i.
Ba'in.
(i)
The divorce raj'I or revocable or reversible. The man says once or twice in clear
words (albeit) or (calb) meaning 'you are divorced' or 'I have, divorced you.' In
this case, the man may reverse his pronouncement during the days of iddah
(waiting period) or waiting period without remarriage with her. He may say, 'I
have returned to you.' Or, he may touch her, or stroke her, or have a sexual
intercourse with her, In these cases, the divorce is revoked and it is not
necessary to marry the woman all over again.
(ii)
The divorce ba'in or the irreversible or irrevocable divorce: The clear, obvious
words of divorce are not used but such words are uttered as are not spoken for
divorce yet they do indicate the intention. They do give the idea of divorce
through a figurative speech. There are three such words recognized by jurists
that are mentioned in books of fiqh (Islamic jurisprudence) and besides them.
the command of talaq (divorce) ba'in is that the woman comes out of the
marriage and it is forbidden to keep her as a wife without marrying her again.
DIVORCE OF TWO KINDS: In terms of outcome too, divorce is of two kinds:
(i)
Mughallazah.

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(ii)
Mukhaffafah.
(i)
The mughallazah or rude divorce is that three pronouncements of divorce are
made in one breath, in one sitting. The man may say, 'I divorce you three
times, Or he may repeat, 'I have divorced you, 'I have divorced you,' 'I have
divorced you After that, the man cannot take her back as his wife without
halalah. It is that the woman will go through her waiting period and marry
another man who consummates the marriage with her and then divorces her.
Then she goes through a waiting period (after this divorce) after which her
previous husband may marry her.
(ii)
Mukhaffafah (or light) divorce is to pronounce two divorces at once, or
separately. Or, it is to pronounce just once. If clear, obvious words are used,
then the husband can revoke it within the waiting period and it is not
necessary for them to remarry. But, if figurative speech is used then he can
keep her as his wife after re-marrying her.
WHOSE DIVORCE IS EFFECTIVE:
The divorce pronounced by every sensible adult
man takes effect. He may be a free man or a slave. The divorce may be given of his own
free will or under compulsion, or he may give it while he is intoxicated.
If a sensible, adult man is dumb and gives divorce through pre-determined signs then his
divorce is also effective.
WHOSE DIVORCE DOES NOT TAKE EFFECT: The divorce pronounced by a boy or an
insane man does not take effect. Also, if a man who is asleep gives a divorce and says on
awakening, 'I have divorced you during sleep' then his divorce does not take effect. If a m
aster divorce his slave's wife then his divorce also does not take effect.
DEPENDS ON WOMAN: The subject of divorce is the woman. For a free woman, divorce
is pronounced three times even if she is married to a slave. A slave girl is divorced by two
pronouncements of divorce even if she is married to a free man.1
THE QUESTION OF IKHTIYAR (CHOICE)
(٣٢٧٦) وَعَنْ عَائِشَةَ قَالَتْ خَيَّرْنَا رَسُولُ اللَّهِ صَلَى اللَّهُ عَلَيْهِ وَسَلَّمَ فَاخْتَوْنَا اللّهَ وَرَسُوْلَهُ فَلَمْ يَهُدَّ ذَلِكَ
عَلَيْنَا شَيْئًا-(متفق عليه)
3276. Sayyidah Ayshah رضى الله عنها said that Allah's Messenger صلى اللهعليه وسلم offered them
a choice ("If you wish the life of this world and its ornaments then come, let me
give you some of its enjoyments and part with you a noble parting. But if you wish
for Allah and His Messenger and the abode of the hereafter, then surely Allah has
prepared for those amongst you who do good, a great reward.")2
Hence, (against the luxuries of this world) they chose Allah and His Messenger a.
pluyle. That did not count (as any kind of divorce) against them in any way.3
COMMENTARY: This hadith makes it definite that if a husband asks his wife to choose
1 See also Tirmidhi v1 pp 493, 499. Also see p 499 for a clarification about divorce ahsan. Darul
Isha'at Karachi.
2 33: 28, 29, (Surah al-Ahzab).
3 Bukhari # 5262, Muslim # 24-1477, Tirmidhi # 1182, Abu Dawud # 2203, Nasa'i # 3441, Ibn Majah #
2052, Darimi # 2269, Musnad Ahmad 6-45.

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between her self and himself and she opts for her husband then divorce of any kind whatsoever
does not take effect Imam Abu Hanifah ale, and Imam Shafi'I anes, to by this hadith.
However, if the wife chooses herself then Imam Shafi'I ale, and Imam Ahmad atdes, say
that divorce of the form raj'I applies. Imam Abu Hanifah a , said that divorce ba'in
applies and Imam Maalik als, said that three divorces apply.
It is reported that Sayyiduna Ali s &>, said, "Simply by giving the choice to one's wife,
the divorce raj'I takes effect even if she choose her husband.
Sayyiduna Zayd ibn Thabit can +, ruled that divorce ba'in takes effect.
Hence Sayyidah Ayshah a>, narrated the hadith rejecting both opinions. She made it
clear that a husband's offering such a choice does not make any kind of divorce effective.
FORBIDDING SOMETHING TO ONESELF CALLS FOR EXPIATION
(٣٢٧٧) وَعَنِ ابْنِ عَبَّاسٍ قَالَ فِي الْخُرَامِ يُكَفِرُ لَقَدْ كَانَ لَكُمْ فِ رَسُولِ اللَّهِ أُسْوَةٌ حَسَنَةٌ- (متفق عليه)
3277. Sayyiduna Ibn Abbas ws à », said, "On forbidding something to oneself an
expiation becomes necessary. Indeed. (in this regard) for you there is in Allah's
Messenger صلى الله عليه وسلم an excellent precedent.
COMMENTARY: If anyone declares something to be unlawful to him, it does not become
unlawful but he has to make an atonement for it. The atonement will be for the oath and it
has to be even for something like wine that is forbidden. And even if it belongs to another
person. One may say, for example wine is forbidden to me.' 'another's property is
forbidden 'to me' This will be regarded as an oath. He will have to make an atonement
when he breaks the oath unless he gives that thing in charity or as a gift to someone. The
Hanafi also say the same thing as Ibn Abbas usan +, says.
Sayyiduna Ibn Abbas «àn+, also recited a verse of the Qur'an to lend support to his words:
لَقَدُ كَانَ لَكُمُ - الأية
{Certainly you have in the Messenger of Allah an excellent pattern (of conduct)} (33: 21)
He referred to the time when the Prophet ,le ao had forbidden honey to himself, so.
the verse was revealed.
يَآَيُّهَا التَّىُّ لِمَ تُخْرِّمُ مَا أَحَلَّ اللَّهُ لَكَ
{O Prophet, why forbid you what Allah has made lawful to you ... ] (66: 1)
He was commended to make an atonement. This is mentioned in the next hadith Insha
Allah. So, you are based to follow the Prophet صلى اللهعليهوسلم example.
If anyone says, "All the lawful things, I forbid Myself," or, "I forbed myself everything that
Allah has made lawful." The jurist say that such words mean that his wife is also divorced
even though he had not made an intention to do that. If he says to his wife, "You are
forbidden to me," then it would be an eela (an oath to keep away from one's wife for four
months or more) , provided he had really formed an intention to do so, or any other
intention. If while saying so he may have formed an intention to make zihar, then zihar will
be effective. (zihar is to liken one's wife to one's mother or sister) If while saying. "you are
forbidden to me," he may have intended to lie, then it is (w) foolish talk and nothing will
take effect. This command is from the religious point of view, but the ruler (will go by
zihar) and declare eela to take effect. If while speaking these words he had formed an

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intention to divorce then divorce of the ba'in kind becomes effective. If he had formed an
intention to make three pronouncements of divorce then that will take effect. The ruling is
that even if he had not formed an intention to divorce, nevertheless divorce of the ba'in
kind will take effect.
(٣٢٧٨) وَعَنْ عَائِشَةَ أَّ النَّيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ كَانَ يَمْكُثُ عِنْدَ زَيْتَبَ بِئْتِ جَحْشٍ وَشَرِبَ عِنْدَهَا.
عَسَلَّا فَتَوَاصَيْتُ أَنَّا وَحَفْصَةُ أَّ أَيَّتَنَا دَخَلَ عَلَيْهَا النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَلْتَقُلُ إِنْ آَجِدُ مِنْكَ رِئْمٌ
مَغَافِيْرَ أَكَلْتَ مَغَافِيْرَ؟ فَدَخَلَ عَلَى إِحْدَاهُمَا فَقَالَتْ لَهُ ذَالِكَ فَقَالَ لَا بَأْسَ شَرِبْتُ عَسَلًا عِنْدَ زَيْنَبَ بِنُتَ
جَحْشٍ فَلَنْ أَعُوْدَلَهُ وَقَدْ حَلَفْتُ لَا تُخْبِرِىٌ بِذَالِكَ أَحَدًّا يَبْتَغِيْ مَرْضَاةَ أَزْوَاجٍهٍ فَنَزَلَتْ يَاآَيُّهَا النَِّىُّ لِمَّـ.
تُحْرِّمُ مَا أَحَلَّ اللّهُ لَكَ تَبْتَنِيْ مَرْضَاتَ أَزْوَاجِكَ - الْأَيَةُ- (متفق عليه)
3278. Sayyidah Ayshah رضى الله عنها narrated that the Prophet صلى الله عليه وسلم used to stay a
while with Sayyidah Zaynab bint Jahsh Que a +, and drink some honey at her place
صلى الله decided that whichever of them the Prophet رضى الله عنها she and Sayyidah Hafsah
jule visited first should say, "I perceive from you the smell of maghafir.1 Did you
eat it?" So, when he visited one of them, she spoke those words and he said, "It
does not matter. I only drank some honey at the house of Zaynab bint Jahsh. I shall
not do it again and I have sworn (to abstain from it). Do not tell this to anyone (lest
Zaynab feel bad about it)." His purpose was to please his wives. So, then
(revelation) descended:
يَا أَيُّهَا النَّبِىُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِيْ مَرْضَاتَ أَزْوَاجِكَ - الأيةُ
(O prophet, why forbid you what Allah has made lawful to you seeking to please
your wives ?.... ]2 (66: 1)
COMMENTARY: The Prophet صلى اللهعليه وسلم stayed a while at the house of Sayyidah Zaynab
bint Jashsh when he was on his (daily) rounds to his wives. This was not part of his visits to
them, day by day.
'Maghafir' is the fruit of a tree. It resembles gum. It is bad smelling but also has a trace of
the Smell of honey.
The Prophet صلى الله عليه وسلم liked honey very much. So, Sayyidah Zaynab used to give him
some to drink and he was delayed there because of it.
Sayyidah Ayshah رضى الله عنها did not like it and she and Sayyidah Hafsah رضى الله عنها who was
very close to her conspired to put an end to it. Their plan marked as we read in the hadith
but Allah did not approve.
SECTION II
الفضلُ الثانى
WOMAN WHO ASKS FOR DIVORCE UNNECESSARILY
(٣٢٧٩) وَعَنْ ثَوْبَانَ قَالَ قَالَ تَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَيُّمَا إِمْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلَاقًّا فِ غَيْرِ
1 A bad smelling resin, Gum of mimosa, coccidae. (The singular is mughfur).
2 Bukhari # 4912, Muslim # 20-1474, Abu Dawud # 3714, Nasa'i # 3421.
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مَا بَأْسِ فَحَرَامْ عَلَيْهَا رَائِحَةُ الْجُنَّةِ- (رواه أحمد والترمذى وابن ماجة والدارمى)
3279. Sayyiduna Thawban رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"The woman who seeks divorce from her husband for no reason whatever (will not
perceive) the fragrance of paradise (because it) will be forbidden to her."1
(In the place of gathering the creat ires will perceive the beautiful smell of paradise
but she will deprived of it.)
DIVORCE IS DISLIKED
(٣٢٨٠) وَعَنِ ابْنِ عُمَرَ آَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ أَبْغَضُ الْحْلَالِ إِلَى اللَّهِ التَّلَاقُ- (رواه ابوداؤد)
3280. Sayyiduna Ibn Uamr رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said "Of the
lawful things, divorce is what angers Allah most."2
COMMENTARY: Though divorce is not forbidden, it is disliked by Allah. There are many
things that are permitted but makruh (disapproved) (disliked). Examples are to offer the fard
(compulsory) salah (prayer) at home without an excuse (instead of at the mosque) , or to offer
salah (prayer) on a land snatched from someone. In both cases the salah (prayer) is valid but it
is offered in a disliked manner.
DIVORCING WOMAN BEFORE MARRYING HER
(٣٢٨١) وَعَنُ عَلِيٍّ عَنِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا طَلَّاقَ قَبْلَ نِكَاجٌ وَلَا عِتَاقَ إِلَّ بَعْدَ مِلٍُ وَلَا وِصَالَ
فِي صِيَّامٍ وَلَّا يُتْمَـ بَعْدَ احْتِلَامٍ وَلَا رِضَاءَ بَعْدَ فِطَاهٍ وَلَّا صَمُتَ يَوْمٍ إِلَى اللَّيْلِ - (رواه فى شرح السنة)
3281. Sayyiduna Ali رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said, "Divorce is not
given before marriage, slave is not set free before owning him, there is no perpetual
fasting (without having meal at iftar but the Prophet صلى الله عليه وسلم was exempt from it) ,
there is no orphan hood after the age of puberty (so anyone without parents when he
is an adult cannot be called an orphan) there is no suckling after weaning and there is
no silence all day (for there is no reward in that)."3
COMMENTARY: This hadith mentions some basic principles.
If a man divorces a woman before he marries her then what is the wisdom in a divorce
without marriage?
In the same way, if one does not own a slave, what is the meaning of setting him free? That
slave will not gain freedom (whom he names).
Imam Shafi'I al , and Imam Ahmad al us, abide by this hadith however, Imam Abu
Hanifah usan», contends that if anyone adds divorce before marriage as a condition then it
is correct. For instance, Zayd says to a stranger woman, "If I marry you then I shall divorce
you," Or, he says, "whichever woman I marry is divorced," then whenever he marries her
divorce will take place forthwith.
The same will be with a slave, If he stipulates that if he becomes master of a certain slave,
or if he becomes master of whichever slave, he is set free. So, the moment the slave comes
in his possession, he will be deemed to be free.
1 Tirmidhi # 1191, Abu Dawud # 2226, Ibn Majah # 2055, Musnad Ahmad 5-277, Darimi # 2270.
2 Abu Dawud # 2178, Ibn Majah # 2028.
3 Baghawi in Sharhus sunnah (Prophet's صلى الله عليه وسلم practice) # 2350.
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Hence, this hadith does not mean that divorce takes effect the moment it is uttered. And it
does not reject a 'conditional divorce.'
SILENCE: The hadith also says that it is disallowed - or, meaningless to observe silence all
day. This has been mentioned because some previous ummahs1 observed silence as a form
of worship. They believed that if anyone observes silence all day then he gains nearness to
Allah. The Prophet ,le ao made it clear that it is not proper in our ummah and this
practice fetches no reward. But, it really is better then engaging one's tongue in
meaningless and evil talk.
(٣٢٨٢) وَعَنْ عَمْرِو بْنِ شُعَيْبٍ عَنْ آَيْهِ عَنْ جَدٍِّ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَا نَذْرَ لِإِبْنِ اُدَھْ
فِيْمَا لَا يَمْلِكُ وَلَا عِنْقَ فِيُمَا لَّا يَمْلِكُ وَلَّا طَلَاقَ فِيُمَا لَا يَمْلِكُ - رَوَاهُ التِّزْ مِذِىُّ وَزَادَ أَبُوُدَاؤدَ وَلَا بَيْعَّ إِلَّا
فِيْمَا يَمْلِك
3282. Sayyiduna Amr ibn Shu'ayb & d>, narrated on the authority of his father
(Shu'ab) that his grandfather (Abdullah ibn Amir) As a (+) narrated that Allah's
Messenger صلى الله عليه وسلم said, "The son of Aadam عليه السلام may make no vow, and he
may not set free that which he does not possess and he may not divorce whom he
does not have."
The version in Abu Dawud also has; 'And, he may not sell except what he owns."2
COMMENTARY: A vow to set a slave free for Allah's sake is not correct if the slave is not
owned. If the slave comes into possession afterwards even then the slave will not get
release. As for divorce and emancipation, the previous hadith and its commentary may be
seen. (We reproduce here a commentary in Tirmidhi? on his hadith, v1 pp 503-4)
رضى Jabir رضى الله عنه Mu'az , رضى اللهعنه In this chapter, ahadith are also narrated by Sayyiduna Ali
This hadith is hasan sahih and the.رضى الله عنهاا and Sayyidah Ayshah رضى الله عنه Ibn Abbas , الله عنه
(most) sahih in this chapter. Most sahabah (Prophet's Companions) (+sau », abide by it,
رضى Jabir ibn Adullah , رضى الله عنه Ibn Abbas , رضى الله عنه among them Sayyiduna Ail ibn Abu Talib
As an , Sa'eed ibn Musayyab usd +) , Hasan, Sa'eed ibn Jubayr, Ali ibn Husayn, Shurrayn
and Jabir ibn Zayd. Many tabi'in and Imam Shafi us a +, have also abided by it. However,
Sayyiduna ibn Mas'ud As an(+) said that if a man specifies the woman or her tribe then
divorce is effective so that the moment he marries her divorce will take effect. Sufyan
Thawri and Imam Maalik ales, said, the same thing, both of them added that if he take the
name of a woman or specifies a time or tribe then as he marries her, divorce will take effect.
However, ibn Mubarak altes, is very severe on this issue.
He says that if any man does this then that woman does not even become forbidden.
Someone asked him about a man who swears that if he ever marries, his wife would be
divorced, but soon longs to marry, should be in this case, obey the jurists who give
permission (in such cases) to marry. Ibn Mubarak ales, said, "If he had first regarded the
1 This is practiced by the Trappists of the Listercian order of monks. They live an austere life and it
includes a vow of silence. They are a stricter branch of Benedictines, a Christian religious order.
2 Tirmidhi # 1184, Abu Dawud # 2190, Ibn Majah # 2047, Musnad Ahmad # 7009.
3 Published Darul Isha'at Karachi.