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verdict of those jurists to be correct then he could now act on that, but if he first preferred
the verdict of those who do not permit then now too he must not act on the jurist who
permit." Ahmad said, "If he did marry then I would not suggest to him to separate from
his wife. Ishaq said, "I do give permission because of the hadith of ibn Mas'ud e al+,
concerning any specified tribe, city or woman. So, if he does marry then I do not say that
she is forbidden to her." Ishaq was more liberal about unspecified woman.
ABOUT TALAQ AL-BATTAH
(٣٢٨٣) وَعَنْ رُكَانَةً بُنِ عَبْدِ يَزِيْدَ أَنَّهُ طَلَّقَ امْرَأَّتَهُ سُهَيْمَةَ الْبَثََّ فَأُخْبَرَ بِذُلِكَ النَّيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
وَقَالَ وَاللّهِ مَا أَرَدْتُ إِلَّ وَاحِدَةً فَقَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ وَاللّهِ مَا أَرَدْتَّ إِلَّ وَاحِدَةٌ؟ فَقَالَ
رُكَانَةُ وَاللَّهِ مَا أَرَدْتُ إِلَّ وَاحِدَةً فَرَدَّهَا إِلَيْهِ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَطَلَّقُهَا القَّانِيَّةَ فِىِ زَمَانٍ
مُمَرَ وَالثَّالِثَ فِيْ زَمَانٍ عُثْمَانَ رَوَاهُ أَبُوْدَاوُدَ وَالتِّرْ مِذِىُّ وَابْنُ مَاجَةً وَالدَّارِيُ إِلَّ أَنَّهُمْ لَمْ يَذْكُرُوْا
الثَّانِيَةَ وَالقَّالِئَةَ-
3283. Sayyiduna Rukanah ibn Abd Yazid رضى الله عنه said that he divorced his wife,
Suhaymah w às+), (of the kind) of battah (which is a complete severing of marital
relationship). Then, he informed the Prophet صلى الله عليه وسلم of that, saying, "By Allah, I
did not intend but only one pronouncement of divorce." Allah's Messenger a.
ly asked him, "Is it (truly) by Allah, that you did not intend but just one
pronouncement?" Rukanah à+, affirmed, "By Allah, I did not mean but just one
pronouncement."
Therefore, Allah's Messenger صلى الله عليه وسلم restored her to him. He then divorced her
the second pronouncement in the time of Umar us a , and the third
1.رضى اله عنه pronouncement in the time of Uthman
انت طالق) had pronounced divorce in the words رضى الله عنه COMMENTARY: Sayyiduna Rukana
4,4JI) "You are the woman divorced with the utterance battah." This word means 'to sever'
so the sentence implies 'a divorce that leaves no relationship of marriage and the woman is
absolutely out of marriage.
As for the prophet صلى الله عليه وسلم restoring the woman to Rukana رضى الله عنه ,Imam Shafi'T
to رضى الله عنه instructed Rukana صلى اله عليه وسلم understands by it that the Prophet رحمه الله
reverse the divorce. It is as though Rukana said 'I restore you to my marriage,' and
took her back as his wife.
Imam Shafi'I alus, understands in this way because he regards al-battah divorce to mean a
single pronouncement of revocable divorce. If anyone intends two or three pronouncement
with those words, then as many as intended will count.
Imam Abu Hanifah al , contends that divorce with this words al-battah means one
divorce of the ba'in kind, no mother whether the intention was formed. He says that the
Prophet صلى الله عليه وسلم returned the woman to Rukana though a fresh marriage.
1 Tirmidhi # 1180, Abu Dawud # 2206, Ibn Majah # 2051, Darimi # 227.
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ORAL EXPRESSION OF MARRIAGE OR DIVORCE IN JEST IS TAKEN SERIOUSLY
(٣٢٨٤) وَعَنْ أَبِئْ هُرَيْرَةَ آَّ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ ثَلَاتُ جِدُّهُنَّ جِدْ وَهَزْ لُهُنَّ جِدِّ التِّكَامُ
وَالظَّلَاقُ وَالرَّجُعَةُ - رَوَاهُ التِّرْ مِذِىُّ وَأَبُوْدَاؤْدَ وَقَالَ التِّزْ مِذِىُّ هُذَا حَدِيْثْ حَسَنْ غَرِيُبْ-
صلى الله عليه وسلم"narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3284
said, "three things are considered seriously when done resolutely. But they also
take place when done in jest. Then are marriage, divorce and revoking a divorce to
take back the wife."1
COMMENTARY: The Arabic word jadd (++) in the hadith is to endeavour to do something.
Here it means to read the literal meaning of the word. For instance, the word (S). (I
married) when spoken orally may be taken in their literal sense. So too the word (cab) I
have divorced.
The word hazel (Jj+) is a jest but the literal meaning is not taken.
These three things here are taken seriously what they mean. If two strangers, a man and a
woman, propose and accept before two witnesses in jest, they become husband and wife
their jokes notwithstanding.
So, if a couple divorce in jest, the divorce takes effect all the same and if after that they jest
to revoke their divorce then it is really restored.
Apart from these three things this principle applies to other things too, like by ing and selling.
ABOUT DIVORCE WHICH A MAN IS COMPELLED TO GIVE
(٣٢٨٥) وَعَنْ عَائِشَةَ قَالَتُ سَمِعْتُ رَسُوْلَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُولُ لَا طَلَاقَ وَلَا عِتَاقَ فِيْ اِغُلَاقٍ.
رَوَاهُ أَبُوُ دَاوُدَ وَابْنُ مَاجَةً قِيْلَ مَعْنىَ الْإِغْلَاقَ الْإِكْرَاهُ.
صلى الله عليه narrated that she heard Allah's Messenger رضى الله عنها Sayyidah Ayshah .3285
, say, "There is no divorce and there is no emancipation through ighlaq." It is
said, that (al-ighlaq I (al-ikhrah or 'dislike' 'compulsion."2
COMMENTARY: The word ikrah means 'to compel.'
Thus, if any one compels a man to divorce his wife or to emancipate will divorce take
effect, nor will the slave be free.
Imam Shafi'I alda>, Imam Maalik ales, and Imam Ahmad antes, go by this hadith and rule
accordingly.
Imam Abu Hanifah als, said that both things are valid, basing his contention on hazl or
jest. (The commentary to the foregoing hadith speaks of that.) the books of fiqh (Islamic
jurisprudence) enumerate his arguments. Imam Abu Hanifah ants, contends that eleven
things became valid even compulsion.
(i)
Marriage.
(ii)
Divorce.
(iii)
Revoking divorce.
(iv)
Fela, or abandoning wife for four months.
1 Tirmidhi # 1187, Abu Dawud # 2194, Ibn Majah # 2039.
2 Abu Dawud # 2193, Ibn Majah # 2046, Musnad Ahmad 6. 276.

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(v)
Fa'I which is to revoke eela.
(vi)
Zihar, or comparing wife to mother.
(vii)
Iqaq, or setting slave free.
(viii)
Pardoning Qisas or by passing retribution.
(ix)
Oath.
(x)
Vow.
(xi)
Embracing Islam.
DIVORCE BY AN INSANE IS INVALID
(٣٢٨٦) وَعَنْ أَبِيٍ هُرَيْرَةً قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كُلُّ طَلَاقٍ جَائِزُ إِلَّ طَلَاقَ الْمَعْتُوُوِ
وَالْمَغْلُوُبِ عَلَى عَقْلِهِ- رَوَاءُ التِّزْ مِذِىُّ وَقَالَ هُذَا حَدِيْثْ غَرِيُبْ وَعَطَاء بُنُ عَجُلَاتَ الرَّاوِئْ ضَعِفٌ
ذَاهِبُ الْحُدِیُثِ-
.
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .3286
said, "Every divorce becomes effective but not the divorce pronounced by the
mentally deranged and the lunatic."1
COMMENTARY: Imam Abu Hanifah goes by this hadith. As for the words in the hadith
(auto) means idiot and a person who is out of senses sometimes and at other times he is in his
senses. The Qamus says that he 'has little sense.' The sirah says that it is 'an inverted bucket'
and 'an insensible person' The book of fiqh (Islamic jurisprudence) give it this meaning.
In this way, the words of the hadith (والمغلوب على عقله) (lunatic) are sort of an elaboration of
( sas) (mentally deranged). This is why some versions do not have the (s) waw between the
.(المقعتدة المغلوب) two words
This establishes that if the divorce by the mentally deranged is not effective, then, without
doubt, the divorce pronounced by a completely mad man who is totally bereft of senses is
simply out of question and cannot be effective, at all.
Zayn ul Arab alos, said that usually (6) is an idiot or an insensible person, but it also
covers the lunatic, one who is asleep, the unconscious and the sick person who loses his
senses because of his illness. Hence, the divorce uttered by any of these is not effective.
Ibn Hammam als, has quoted some scholars to say that (au) is a person who has poor
sense and lacks understanding power and is a confused speaker and does foolish things,
but he does not strike or abuse anyone. On the other hand a lunatic or a mad man roams
about striking passers-by and abusing people.
Imam Tirmidhi alas, says that a sub-narrator (Ata ibn Ajlan) is a weak authority. But, this
hadith is supported by the hadith narrated by Sayyiduna Ali: um+,
كُلُّ طَلَاقٍ جَائِزْ إِلَّ طَلَاقَ الْمَعْتُوُهِ
(Every divorce is effective but not the divorce by the ma'tuh).
THREE ARE NOT RECKONED
(٣٢٨٧ -٣٢٨٨) وَعَنْ عَلِيٍّ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ عَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ
1 Tirmidhi # 1195.
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وَعَنِ القَِّيِّ حَتَّى يَبْلُغَ وَعَنِ الْمَعْتُوُهِ حَتَّى يَعْقِلَ - رَوَاءُ الْتِزْمِذِىُّ وَأَبُوْدَاوُدَ وَ الدَّارِيُّ عَنْ عَائِشَةَ وَابْنُ مَاجَةً عَنْهُمَّا.
3287. Sayyiduna Ali رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "Three
people are there for whom the pen is raised (and does not record their deeds
because their words and actions are not blamed on them). They are: one who is
asleep till he awakes, a chill till it attains puberty, done who is mentally deranged
till he regains his senses.1
3288. Sayyidah Ayshah usd +, narrated that the same hadith.2
DIVORCE WITH TWO PRONOUNCEMENTS FOR FEMALE SLAVE
(٣٢٨٩) وَعَنْ عَائِشَةَ أَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ طَلَاقُ الْأَمَةِ تَظْلِيْقَتَانٍ وَعِدَُّمَا
حَيْفَتَان - (رواه الترمذى وابوداود وابن ماجة والدارمى)
3289. Sayyidah Ayshah رضى الله عنها narrated that Allah's Messenger صلى الله عليه وسلم said,
"the divorce of a female slave is with two pronouncement and her iddah is till two
menstruations are over."3
COMMENTARY: The iddah or waiting period of a free woman is upto three menses but if
she has menopause then it is three months. And his iddah of a female slave is up to two
courses or a month and a half.
In matters of divorce and the consequent waiting period, the woman is the deciding factor,
not the husband.
If the woman is free, then her divorce is by three pronouncements and her iddah will be till
she has menstruation three times, even if she is married to a slave.
If the woman is a female slave, then her divorce is by two pronouncements and her iddah
will last till she gets two menstruations, even if she is married to a free man.
The Hanafis go by this edict, but Imam Shafi'I altas, contends that in matters of divorce and
iddah, it depends on man's position. If the husband is a free man, then his wife's divorce
will be by three pronouncements and her iddal will last till she has three menstruations,
even it she is a female slave.
If the husband is a slave, then his wife's divorce is by two pronouncements and her iddah
will last till she has had two menstruations, even if she is a free woman.
This hadith also establishes that the period of iddah relates to menstruation, not to purity. In
other words, this hadith confirms that the words of the Quran:
ثَلَاثَةً قُرُؤْمِ
mean 'three monthly periods,' not three purities.
SECTION III
WOMAN WHO ASKS FOR DIVORCE OR KHULA'
اَلْفَضْلُ الثَّالِثُ
(٣٢٩٠) وَعَنْ آَبِيْ هُرَيْرَةَ آَثَّ النَّيَّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ الْمُنْتَزِعَاتُ وَالْمُخْتَلِعَاتُ هُنَّ الْمُنَافِقَاتُ-
(رواه النسائي)
1 Tirmidhi # 1428, Abu Dawud # 4403, Musnad Ahmad 1-155, Ibn Majah # 2042.
2 Ibn Majah # 2041, Darimi # 2296.
3 Tirmidhi # 1182, Abu Dawud # 2180, Ibn Majah # 2080, Darimi # 2294.

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3290. Sayyiduna Abu Hurayrah رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said,
"Woman who are disobedient to their husbands and (also) those who demand
khula' (separation) from their husbands are hypocrites."1
COMMENTARY: The woman who ask their husband, for no reason at all, to divorce
them, or they ask to be divorce against a compensation (like waiver of dowry), are all
hypocrites. Outwardly, they profess adherence to Islam and its laws but inwardly they
are sinners and disobedient.
MAKRUH (DISAPPROVED) TO DIVORCE WOMAN AGAINST ALL THAT SHE
POSSESSES
(٣٢٩١) وَعَنْ نَافِعٍ عَنْ مَوْلَاةٍ لِصَفِيَّةً بِنْتِ آَيْ تُبِيِّدٍ أَنَّهَا اخْتَلَعَتْ مِنْ زَوْجِهَا بِكُلِّ شَىءٍ لَهَا فَلَمْ يُنْكِرُ ذُلِكَ
عَبْدُ اللّهِ بْنُّ عُمَرَ - (رواه مالك)
3291. Sayyiduna Nafi us à >, reported from a freed female slave of Sayyidah
Safiyah bint Ubayd que a+, that she (meaning, Safiyah) obtained khula' from her
husband (Abdullah ibn Umar) As ano, against everything that she possessed. And,
Abdullah رضى الله عنه did not demur to that.2
COMMENTARY: Sayyiduna Abdullah ibn Umar sàn +, did not forbid it because khula' is
not forbidden after all. But, to concede to her demand for khula' against all that she
possesses is makruh (disapproved).
FORBIDDEN TO PRONOUNCE THREE DIVORCES IN ONE GO
(٣٢٩٢) وَعَنْ مَحْمُوُدٍ بُنِ لَبِيْدٍ قَالَ أُخْبِرَ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ عَنْ رَجُلٍ طَلَّقَ امْرَأَتَّهُ ثَلَاثَ
تَطْلِيُقَاتٍ جَمِيُّعَا فَقَامَ خَشْبَانَ ثُمَّ قَالَ أَيُلْعَبُ بِكِتَابِ اللَّهِ عَزَّ وَجُلَّ وَأَنَا بَيْنَّ أَظْهُرِ كُمْ حَتَّى قَامَ رَجُلْ
فَقَالَ يَا رَسُوْلَ اللَّهِ أَلَا اقْتُلُهُ- (رواه النسائى)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Mahmud ibn Labid .3292
, was informed of a man who divorced his wife by three pronunciations
simultaneously. At that he arose angrily." Saying, 'will you make light of the Book
of Allah Mighty and Glorious, while I am among you?" (He meant that the
commands of Allah were made fun of). A man (among the sahabah) «can », stood up
and submitted, "O Messenger of Allah. Shall I not kill him?"3
COMMENTARY: The Book of Allah, Mighty and Glorious, mentioned in the hadith refers
to the verse:
اَلَّلَاقُ مَرَّ تَانٍ تاوَلَا تَتَّخِذُوا أَيْتِ اللُّهِهُزُوًّا
(Divorce is twice, then either a retention with honour or a release with kindness.
And it is not lawful for you (men) to take from them (your wives) anything of what
you have given them, unless both (parties) fear they may not able to maintain the
1 Nasa'i # 3461, Musnad Ahmad 2-414.
2 Muwatta Maalik # 32 (Talaq)
3 Nasa'i # 3401.

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limits of Allah. If you fear that they cannot maintain the limit of Allah, there is not
blame on them for that wherewith she gets her freedom. These are the limits of
Allah, therefore, transgress them not; and whosoever transgresses the limits of
Allah, so those-they are the evildoers. So if he divorces her, then she shall not be
lawful to him thereafter, until she marries another husband. If he (the second
husband) divorces her, there is no blame on them on returning to each other (by
marriage), if they think they can maintain the limits of Allah. And those are the
limits of Allah, which He makes clear for people who know.
And when you divorce (your) women, and they are about to complete their
(waiting) terms, then you either retain them with honour or release them with
honour, and retain them not to their hurt that you may transgress (against them).
And whosoever does that, he has wronged himself. And take not Allah's revelations
in mockery) (2: 229-231)
This verse directs that divorce must not be declared three times simultaneously. Rather, it
must be given at intervals and Allah's words must not be taken as playthings. It any one
divorces a woman three times in one breath then it is against Allah's will which is
tantamount to ridiculing His command. He who disobeys Allah's commands,
demonstrates that he does not esteem His commands and it is the same if he abides by
them or not.
Imam Abu Hanifah can», said that it is bid'ah and forbidden to pronounce divorce three
times at one go.
Imam Shafi'I we an+, said that while it is not forbidden to divorce three times at one go, it is
contrary to the better procedure.
The ulama (Scholars) say that there is wisdom in not pronouncing three divorce together. If
the husband makes only one declaration, Allah may cause him to relent after some time
and revoke the divorce. Then, they might live a reconciled, happy life.
The ulama (Scholars) are divided on whether a man's saying (once) to his wife (3) ;¿ ybest) (you
are divorced three times) amounts to one pronouncement or to three. All the four imams and
a majority of the scholars say that this will amount to three utterances of divorce. However,
Tawus and some of the ahl us zahiriyahs maintain that it is just one utterance.
In the hadith, one of the sahabah (Prophet's Companions) ,san>> asked, "May I not kill
him?" He said so because the prophet , ale called him one who made fun of Allah's
Book which is like disbelief. If a Muslim veers into the limits of infidelity, then he is to
killed in punishment. This sahabi had not known that whatever the Prophet ,ledo had
said was by way of admonishing him and he did not mean that literally:
(٣٢٩٣) وَعَنْ مَالِكٍ بَلَغَهُ آَكَّ رَجُلًا قَالَ لِعَبْدِ اللّهِ بْنِ عَبَّاسٍ إِّ طَلَّقْتُ امْرَ أْقِ مِائَةَ تَطْلِيْقَةٍ فَمَا ذَا تَرى
عَلَىَّ فَقَالَ ابْنُ عَبَّاسٍ طُلِّقَتُ مِنْكَ بِقَلَاتٍ وَسَبُهُ وَتِسْعُوْنَ اتَّخَذُّتَ بِهَا أَيَاتِ اللَّهِ هُزُؤًا - (رواه فى الموطأ)
3293. Sayyiduna Maalik alus, is reported to have learnt that a man boasted before
Sayyiduna Abdullah ibn Abbas wså+, "I have divorced my wife with one hundred
pronouncements. What do you say about it against me?" So, Ibn Abbas ue àl+, said,
"She is divorced from three times. As for the (remaining) ninety seven, you have
used them to make mockery of Allah's verses."1
1 Muwatta Maalik # 1 (Talaq)

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COMMENTARY: Sayyiduna Ibn Abbas us an >, referred to the verses of surah al-Baqarah
cited in the previous commentary:
اَلَّلَاقُ مَرَّتَانِ تَاوَلَا تَتَّخِذُوُ آيَاتِ اللّهِ هُزُوًّا
and told the man that he had disobeyed the command of Allah.
DIVORCE IS A BAD THING IN ALLAH'S SIGHT
(٣٢٩٤) وَعَنُ مُعَاذِ بُنِ جَبَلٍ قَالَ قَالَ لِيَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَا مُعَاذُ مَا خَلَقَ اللَّهُ شَيْئًا عَلَى وَجُهِ
الْأَرْضِ أَحَبَّ إِلَيْهِ مِنَ الْعِتَاقِ وَلَا خَلَقَ اللَّهُ شَيْئًا عَلَى وَجْهِ الْأَرْضِ اَبْغَضَ إِلَيْهِ مِنَ الطَّلَاقِ۔(رواه الدارقطنى)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Mu'adh ibn Jabal .3294
, said to him, "O Mu'adh, "Allah has not created on the surface of the earth
anything dearer to Him then setting a slave free. And He has not created on the
surface of the earth anything more disliked to Him than divorce."1
COMMENTARY: Allah is pleased most when a slave is set free. It is the birth night and
an innate privilege of man that he should be delivered from bandage of a creation
which is at per with him as human beings. Then, he gets freedom and ample time to
worship and obey his Lord.
Moreover, his master who set him free earns for himself deliverance from hell because of
his sacrifice and good gesture.
The divorce is bad in Allah's sight that is given only to satisfy one's ego without any kind
of need to oneself.
Ibn Hammam als, said that in some cases, it is mustahab (desirable) to divorce one's wife.
Examples are when she does not offer salah (prayer) or she is an indecent woman.
It is stated in Fatawa Qadi khan that if anyone's wife does not offer salah (prayer), then she
deserves to be divorced, even if the man does not have enough to pay her dower.
Abu Hafs, Bukhari als, is reported to have said, "If a man meets Allah (on his death) with
the dower of his wife on his neck, then in my sight it is more preferable than having sexual
intercourse with a wife who does not offer salah (prayer).
The hadith also tells us that marrying is better than going into seclusion to be able to
worship Allah.
CHAPTER - XIII
THE WOMAN WHO IS DIVORCES BY
THREE PRONOUNCEMENTS
بَابُ الْمُطَلَّقَةِثَلْقًا
The chapter is about the woman who is divorced by three pronouncements.
If her husband who has pronounced three divorces (changes his mind ar.d) wishes to retain
her as his wife, then it is only possible when she marries another man who has sexual
intercourse with her. Then this man divorces her and she passes her iddah (or days of
waiting). After her waiting periods is over, she may marry her first husband all over again.
Only after she passes through these stages will she be lawful for her first husband.
1 Daraqutni # 44 (Talaq)

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In some copies of Mishkat, after the words
بَابُ الْمُطَلَّقَةِ ثَلِقًا
'Chapter - the woman who is divorced by three pronouncements.
the following is added:
وَفِيْهِذِكُرُ اللَّهَارِ وَالإِيْلَاءِ
'And in it is mention of zihar and Eela.'
The meaning of zihar and eela and some rulings about them will be mentioned in the
following lines, insha Allah.
SECTION I
الفَضلُ الآول
HILALAH - WHEN IS IT VALID
(٣٢٩٥) وَعَنْ عَائِشَةَ قَالَتْ جَاءَتٍ مُرَأَةُ رِفَاعَةَ الْقُرَظِيِّ إِلَى رَسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ فَقَالَتْ إِّ كُنْتُ
عِنْدَرٍفَاعَةً فَطَلَّقَنِى فَبَتَّ طَلَاقٍ فَتَزَوَّجُتُ بَعْدَهُ عَبْدَالزَّكُمْنِ بْنَّ الَّبِيُرِ وَمَا مَعَهُ إِلَّ مِثْلُ هُدْبَةِ القَّوْبِ فَقَالَ
آَتُّرِ يُدِيْنَ آَنْ تَرْجِعِيٍ إِلَى رِفَاعَةً قَالَتْ نَعَمْ قَالَ لَا حَتّى نَذُوقِ عُسَيْلَتَهُ وَيَذُوُق حُسَيْلَتَكٍ - (متفق عليه)
3295. Sayyidah Ayshah Qe àl +, narrated that the wife of (Sayyiduna) Rafa'ah al-
Qurazi رضى الله عنه came to Allah's Messenger صلى الله عليه وسلم and submitted "I was married
to Rafa'ah till he divorced me making it batta (meaning, three pronouncements and
irrevocable). After that, I married Abdur Rahman az Zubayr, but he has nothing
except the hem of a garment." (She used figurative speech to say that he was
impotent) So he asked, "Do you wish to go back to Rafa'ah?" She submitted, "Yes!"
He said, "You cannot! Until Abdur Rahman enjoys your sweetness and you taste his
sweetness."1
COMMENTARY: The concluding words of the hadith (mean that she could re-marry her
previous husband, Ra'fa'ah As a +, only after her second husband has sexual intercourse
with her, meaning consummates their marriage. Then he may divorce her and she must
spend the waiting period.
This hadith makes it clear that halalah, meaning becoming lawful for the previous
husband, is not merely that the woman marry another man, but they must have a sexual
intercourse too. Of course, the intercourse may be limited to only penetrating the vagina.
Ejaculation is not a condition.
SECTION II
الفضلُ الثَّانِی
PROPHET'S صلى الله عليه وسلم CURSE ON THOSE WHO BY PASS THE LAW
(٣٢٩٦ -٣٢٩٧) وَعَنْ عَبْدِ اللهِ ابْنِ مَسْعُوْدٍ قَالَ لَعَنَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الْمُحَلِّلَ وَالْمُحَلَّلَ لَه
رَوَاءُ الدَّارِيُّ وَرَوَاهُ ابْنُ مَاجَةً عَنٌ عَلِيٍّ وَابْنِ عَبَّاسٍ وَعُقْبَةً بُنِ عَامِرٍ-
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Mas'ud .3296
1 Bukhari # 2639, Muslim # 111-1433, Tirmidhi # 1118, Nasa'i # # 3408, Ibn Majah # 1932, Darimi #
2268, Muwatta Maalik # 17 (Nikah (wedlock)) , Musnad Anmud 6-42.

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cursed the muhallil (the man who makes a woman lawful for her first husband)
and the muhallil lahn (the firmed husband for whom she is made lawful).1
رضى الله عنه and Uqbah ibn Aamir رضى الله عنه Ibn Abbas , رضى الله عنه Sayyiduna) Ali) .3297
narrated the same hadith.2
COMMENTARY: If a husband divorces his wife with three utterances and later repents,
then he finds a way to circumvent the law and remarry the divorce. He arranges with
another men to marry his former wife and then divorce her after consummating their
marriage. The woman will spend the waiting period after getting divorce from her second
(planted) husband, and then she will remarry her first husband.
It is this man who is instrumented in getting the two together again and the first husband
who planted the man to enable him to marry, are both cursed by Allah's Messenger. One of
them makes remarriage lawful and the other is one for whom it is made lawful.
This device to get one's wishes achieved makes fun of the institution of marriage. The
woman's honour and innocence is shattered. In another hadith the woman is called a
borrowed sheep.
The first husband is cursed because he was the real motive behind the woman's (second)
marriage. However it must be know that the hadith does not say whether the marriage
will be void. Rather, it swords establish that marriage is valid because the hadith calls him
who marries 'muhallal.' Clearly, a man can be so-called (muhallal) only if the (marriage)
contract is valid. If it is void than he cannot be muhallal. Therefore, the prophet's le a.
saying does not use the word 'curse' in its true sense. Rather, the aim here is to focus on
the unworthiness of the muhallal and the muhallal lahu, and to make it clear that it is an
ugly act which no sound - natured man would agree to do.3
HALALLAH IS MAKRUH (DISAPPROVED) TAHRIMI (IF): It is learnt from the Hidayah
and other books of fiqh (Islamic jurisprudence) that if halalah is made conditional by an
oral declaration of the new husband, "I marry you to make you lawful for your previous
husband who had divorced you." - or, the woman says to the muhallal, "I marry you
because I might become lawful for my former husband" - then in this case halalah is
makruh tahrimi (disapproved to forbidden).
However, if it is not expressed orally, though there was on undeclared intention to the
effect, then neither is the muhallal blamed nor is a curse invoked on him, for it will be
presumed that his intention was to ameliorate the unsatisfactory situation.
Ibn Hammam à , said that if a woman who is divorced by three pronouncements
marries an unequal man without her guardian's permission and the man also
consummates the marriage then too she will not be lawful to her former husband. The
fatawa (edict) is according to this."4
MORE ON EELA
(٣٢٩٨) وَعَنْ سُلَيْمَانَ بْنِ يَسَارٍ قَالَ آَدْرَكُتُ بِضْعَةً عَشَرٌ مِنْ أَصْحَابٍ رَسُوْلِ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
1 Tirmidhi # 1120, Nasa'i # 3416, Darimi # 2258, Musnad Ahmad 1-448.
2 Ibn Majah # 1934.
3 See also 'Instructions of Shari'ah (divine law) for woman' pp 326, 364, 372 Darul Isha'at Karachi.
4 See also The Hidayah v 1pp 186f Darul Isha'at Karachi (regalizind condition)

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كُلُّهُمْ يَقُوْلُ يُؤْقَّفُ الْمُؤْلِى- (رواه فى شرح السنة)
3298. Sayyiduna Sulayman ibn Yasar alus, narrated that he had met more-than ten
companions of Allah's Messenger صلى الله عليه وسلم all of whom said that the man who
observes eela must be compelled to stop.1
COMMENTARY: Eela is man's vow not to have sexual intercourse with his wife for four
months or more. If he does not approach her for four months then most of the sahabah
(Prophet's Companions) ( ano, contend that divorce will not take effect merely because
four months have passed (without his having had intercourse with her). Rather, the man
observing eela will be made to 'stop.' meaning that the ruler of qadi: (judge) will hold him
back and order him:
Either to return to his wife and have sexual intercourse with her and make an
expiation for overstepping his vow, or to divorce his wife.
Thus, Imam Maalik ate, , Imam Shafi'I als, and Imam Ahmad aus, rule in this way.
Furthermore, Imam Shafi'I alas, contends that if that man does not abide by the judgement
of the ruler or qadi, and neither reconciles with his wife nor divorces her, then the ruler is
authorized to rule that the man's wife stands divorced.
As for Imam Abu Hanifah, als, he contends that if the man has sexual intercourse with his
wife within four months then his eela becomes void and he will be bound to make an
expiation for the broken vow. On the other hand, if he does not have sexual intercourse
with her and the four months pass away then his wife will be considered to have been
divorced with one talaq ba'in.
More rulings on eela and a full picture of it may be studied from books of fiqh (Islamic
jurisprudence).
THE COMMAND ABOUT ZIHAR
(٣٢٩٩ - ٣٣٠٠) وَعَنْ آَبٍ سَلَمَةَّ أَّ سُلَيْمَاكَ ابْنَّ صَخْرٍ وَيُقَالُ لَهُ سَلَمَةُ ابْنُّ صَخْرِ الْبَيَّاضِىُّ جَعَلَ امْرَأَتَّه
عَلَيْهِ كَظَهُرٍ أُقِهِ حَتَّى يَمْضِىَ رَمَضَاهُ فَلَمَّا مَفى نِصْفْ مِنْ رَمَضَّاكَ، وَقَّعَ عَلَيُّهَا لَيْلًّا فَأَتّى تَسُوْلَ اللَّهِ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ فَذَكَّرَ ذُلِكَ لَهُ فَقَالَ لَّهُ رَسُولُ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ أَعْتِقُ رَقَّبَةٌ قَالَ لَا آَجِدُهَا قَالَ فَهُمُ
شَهُرَيْنِ مُتَتَّابِعَيْنِ قَالَ لَّا أَسْتَطِيُُ قَالَ أَظْهِمُ سِتِّيْنَّ مِسْكِيْنًا قَالَ لَّا أَجِدُ فِقَالَ تَسُوْلُ اللّهِ صَلَّى اللّهُ عَلَيْهِ
وَسَلَّمَ لِفَرُوَةَ بْنِ عَمْرٍ واعْطِهِ ذَالِكَ الْعَرَقَ وَهُوَ مِكْتَلْ يَأْخُذُ خَمْسَةَ عَشَرَ صَاعًا أَوْسِتَّةً عَشَرَ صَاعًا لِيُطْعِمَّ
سِتِّيْنَ مِسْكِيْنًّا رَوَاهُ التِّرُمِذِىُّ وَرَوَى أَبُوْدَاؤدَ وَابْنُ مَاجَةً وَالدَّارُِِّ عَنْ سُلَيُمَاتَ بْنِ يَسَارٍ عَنْ سَلَمَةً بُنِ
صَخْرٍ تَحْوَهُ قَالَ كُنْتُ امْرَأْ أُصِيْبُ مِنَ النِّسَاءِ مَالَا يُصِيبُ غَيْرِىٌ وَفِى رَوَايَتِهِمَا أَعْنِى آبَا دَاؤُدَ وَالدَّارِمِيُّ
فَأَطْحِمْ وَسُقًّا مِنْ تَمْرٍ بَیْنَ سِتِّیُنَّ مِسْکِیُنّا۔
رضى الله عنه narrated that Sulayman ibn Sakhr رضى الله عنه Sayyiduna Abu Salamah .3299
who was called salamah ibn Sakhr Bayadi compared his wife to the back of his
1 Baghawi in Sharh us Sunnah (Prophet's,ledo practice) # 2363, Daraqutni # 148 in Kita but talaq.

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mother (which is called zihar) till the end of the month of Ramadan. Barely had half
of the month passed when he had sexual intercourse with her during the night. So,
he came to Allah's Messenger صلى الله عليه وسلم and mentioned to him what had
transpired. He said to him, "Set a slave free," but he pleaded that he could not do
that. He said, "Then fast two successive months," but, again he submitted, "I am
unable to do so."1
He said, "In that case, feed sixty poor people," but he had the same plea, "I do not
find the means," So, Allah's Messenger صلى الله عليه وسلم said to Sayyiduna Farwah ibn
Amr us & +) (a sahabi) , "Give him that araq (which is a basket of dates weighting
fifteen or sixteen sa') that he might feed sixty poor people."2
3300. Sayyiduna Sulayman ibn Yasar ual », narrated on the authority of Sayyiduna
Salamah ibn Sakhr us an », something like it, saying. "I am a man who is more
inclined to woman than any other man (so could not hold myself back from having
sexual intercourse)."3
Another version has: "Feed sixty poor people one wasq (come load) of dates."4
COMMENTARY: This hadith speaks of zihar. Zihar, in the language of law, signifies a
man comparing his wife to any of his female relation within such prohibited degree of
kindered whether by blood, by fosterage or by marriage, as render marriage with them
invariably unlawful, like saying to her you are to me like the back of my mother.'5
A man says to his wife, or any of her limbs which might stand for her whole body, or any
of her limb that is unspecified that she is like one of his female relatives of the prohibited
degree or to one of her limbs which is not lawful to see. Examples are saying to her, 'you
are like my mother's back' forbidden to me,' or, 'your head, or 'kalf your body is like my
mother's back, or belly, or thighs. Or, he may compare her to his sister's or paternal aunt's
back. When he says in this manner, he is prohibited from having sexual intercourse with
his wife or doing anything to her that could lead to sexual intercourse unless he make an
expiation for zihar. However, if he has sexual intercourse with her before making an
expiation then though nothing will be wajib (obligatory) on him beyond the first expiation,
he should seek Allah's forgiveness and refrain from further sexual intercourse till he has
made an expiation.
Zihar (in the manner described) is as effective with one's wife who is a free woman or
someone's slave, whether she is a Muslim or follower of a Book - Christian or Jew, other
ruling about zihar may be studied from books of fiqh (Islamic jurisprudence).
Allamah (The learned Scholar) Teebi alas, said the zihar for a specified time, as in the
hadith; 'till the end of Ramadan, is correct.
Qadi Khan al tos, said that if anyone observes zihar for a specified time, he becomes one
observing zihar from that very moment and when the specified time is over, zihar is nullified.
Ibn Hammamusa, said that if any one make zihar but makes an exception, say of Friday,
1 The fasts have to be kept two months without break during which sexual intercourse is disallowed
which he could not do.
2 Tirmidhi # 1204.
3 Abu Dawud # 2214, Darimi # 2273, Musnad Ahmad 5-436. '
4. Abu Dawud, Darimi.
5 Hidayah v2 p 201 (English translation) Darul Isha'at Karachi.

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then it is not correct. But, if he makes zihar of one day, or one month, (a specified period) ,
then it is correct to specify a period and when the period is over, zihar will have expired too.
As for feeding sixty poor people, it could be done by feeding sixty of them two times to a
full stomach, or by giving each of them raw wheat, etc equal to sadaqah (charity) fitr, or its
value in money. Moreover, they must be fed before having sexual intercourse with one's
wife to atone for the broken vow. It is the same it a slave is set freeor fasts are observed for
two months; expiation must precede breaking the vow to abserve zihar by having sexual
intercourse with the wife.
HOW MUCH TO EACH: The prophet صلى الله عليه وسلم instructed Ibn Sakhr رضى الله عنه to feed sixty
poor people towards his expiation. But, he also got him dates weighing fifteen or sixteen sa
which implies that it is not necessary to give one sa' to each poor man. On the other hand,
the books of fiqh (Islamic jurisprudence) say that if dates are given then they should be the
quantity of sadaqat ul fitr, which amounts to one sa' each. Time the words of the hadith
and the ruling of the jurists do not seem to agree. However, there is in the words of hadith
an implicit meaning. 'that these dates might be used to feed the sixty poor together with
what he can afford,"
Moreover the version in Abu Dawud and Darimi is
'Feed sixty poor people one wasq.'
So, this makes it clear that the dates offered by the Prophet , at & were to be put
together with other dates to add up to one wasq and fed each poor person one sa' dates.
It must be remembered that one wasq is equal to sixty sa'.
IF EXPIATION IS DEFERRED TO AFTER INTERCOURSE
(٣٣٠١) وَعَنُ سُلَيْمَانَ بْنِ يَسَارٍ عَنْ سَلَمَةَ بْنِ صَخْرٍ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي الْمُظَاهِرِ يُوَاقِهُ قَبْلَ
آَنْ يُكَفِّرَ قَالَ كَفَّارَةٌ وَاحِدَ®-(رواه الترمذى وابن ماجة)
3301. Sayyiduna Sulayman ibn Yasar usd +, narrated on the authority of Sayyiduna
Salamah ibn Sakhr that the Prophet ,,edi Lo said concerning a man who makes a
zihar but has intercourse with his wife before - having made an expiation, "Only
one expiation is wajib (obligatory)."1
COMMENTARY: Most ulama (Scholars) maintain that when a man vows to make his wife
like the back of one of the prohibited degrees of female relative, but fails to keep his vow
and has sexual intercourse with her before making an atonement, then only one atonement
is wajib (obligatory).
Some ulama (Scholars) say, however, that two atonements will be wajib (obligatory) in such
cases (for breaking the vow and for deferring the atonement).
If a man has more wives, say up to four, and he makes zihar with all of them, then the
ulama (Scholars) say unanimously that his zihar will be effective with all of them.
However, the ulama (Scholars) differ on whether one expiation will be wajib (obligatory) on
him or more.
Imam Abu Hanifah ale, and Imam Shafi'I als, hold that he will have to make expiation
for each of his wives with whom he intends to have sexual intercourse beforehand. Hasan
Antes,, zuhri ales, and Thawri atus, also say the some thing.
1 Tirmidhi # 1202, Ibn Majah # 2064.

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However, Imam Malik ales, and Imam Ahmad antes, hold that only one expiation will be
wajib (obligatory) on him. They mean to say that he will make on expiation first and then he
may have sexual intercourse with each of his wives.
SECTION III
الفَصلُ الثَّالِثُ
(٣٣٠٢) وَعَنْ عِكْرَمَةً عَنِ ابْنِ عَبَّاسِ آَكَّ رَجُلًا ظَاهَرَ مِنْ اهْرِأَتِهِ فَخَشِيَهَا قَبْلَ أَنْ يُكَفِّرَ فَأَتَّ النَّبِىّ
صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَذَكَّرَ ذَالِكَ لَّهُ فَقَالَ مَا حَمَلَكَ عَلَى ذَالِكَ قَالَ يَا رَسُولَ اللَّهِ رَ أَيْتُ يَاضَ حَجُلَيْهَا فِى
الْقَمَرِ فَلَمْ أَهْلِكْ نَفْسِىِ أَنْ وَقَعْتُ عَلَيْهَا فَضَحِكَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَأَمَرَهُ أَنْ لَا يَقْرَبَهَا
حَتَّى يُكَفِّرَ - رَوَاهُ ابْنُ مَاجَةً وَرَوَى التِّرْ مِذِىُّ تَحْوَهُ وَقَالَ هُذَا حَدِيثٌ حَسَنْ صَحِيْعٌ غَرِيُبْ وَرَوَى أَبُوُدَاؤدٌ
وَالنِّسَائِىُّ تَحْوَهُ مُسْنَدًّا وَمُرْسَلًا وَقَالَ النِّسَائِىُّ الْمُرْسَلُ أَوْلِى بِالشَّوَابِ مِنَ الْمُسْنَدِ-
3302. Sayyiduna Ikrimah à , narrated on the authority of Sayyiduna Ibn
Abbas رضى الله عنه that a ma had made zihar with his wife, but he (faltered and) had
sexual intercourse with her before making an expiation (for the broken vow).
*So, he came to the Prophet صلى الله عليه وسلم and mentioned that to him. He asked,
'what led you to do that?" He said 'My eyes fell on the whiteness of her silver
anklets in the moonlight and I could not check myself from going to her."
Allah's Messenger صلى الله عليه وسلم laughed and instructed him not to approach her (a
gain) till he had made an expiation.1
CHAPTER - XIV
بَاب
SECTION I
اَلْفَضْلُ الْأَوَّلُ
ABOUT SETTING A SLAVE FREE TO MAKE AN EXPIATION - SHOULD THE
SLAVE BE A BELIEVER
(٣٣٠٣) عَنْ مُعَاوِيَةً بُنِ الْحُكِّمِ قَالَ آتَيْثُ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَقُلُبُ يَا رَسُولَ اللُّهِگّ ◌ِى
جَارِيَةٌ كَانَتْ تَرُعِى غَتَمَّا لِيُ فَجِئْتُهَا وَقَدْ فَقَدْتُ شَاةً مِنَ الْغَنَّمِ فَسَأَلْتُّهَا عَنْهَا فَقَالَتْ أَكَلَّهَا الذِّئْبُ فَأَسِفُتُ
عَلَيْهَا وَكُنْتُ مِنْ بَنِىْ أُدَمَ فَلَطَمْتُ وَجْهَهَا وَعَلَىَّ رَقَّبَةٌ آفَأُعْتِقُهَا فَقَالَ لَّهَا تَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
أَيْنَ اللهِ؟ فَقَالَتْ فِي السَّمَآءِ فَقَالَ مَنْ أَنَا؟ فَقَالَتْ أَنْتَ رَسُولُ اللَّهِ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
اخْتِقْهَا رَوَاهُ مَالِكْ وَفِيْ رِوَايَةٍ مُسْلٍِ قَالَ كَانَتْ لِيْ جَارِيَةٌ تَرُغَى غَتَمَّا لِيُ قِبَلَ أُحُدٍ وَالْجُوَانِيَّةِ فَاتَّلَمُتُ
ذَاتَ يَوْمٍ فَإِذَا الذِّئْبُ قَدْ ذَهَبَ بِشَاءٍ مِنْ غَنَمِنَا وَأَنَا رَجُلْ مِنْ بَنِى أَدَمَّ أُسِفْ كَمَا يَأْسَفُوْنَ لَكِنُ
1 Ibn Majah # 2065 (Tirmidhi # 1203, Abu Dawud # 2221, Nasa'i # 3457 - similar).

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صَكَّكْتُهَا صَكَّةٌ فَأَتَيْثُ رَسُولَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَعَتَّمَ ذَالِتَ عَلَىَّ قُلْتُ يَا رَسُولَ اللَّهِ أَفَلَا أُعْتِقُهَا
قَالَ اثْتِنِى بِهَا فَأَتَيْتُهُ بِهَا فَقَالَ لَهَا أَيْنَ اللَّهُ قَالَتْ فِي السَّمَاءِ قَالَ مَنُّ أَنَا قَالَتْ أَنْتَ رَسُولُ اللَّهِ قَالَ أَعْتِقُهَا
فَإِنََّا مُؤْمِنٌ۔
3303. Sayyiduna Mu'awiyah ibn al-Hakam us a+, narrated that he came to Allah's
Messenger L,là . and submitted, "O Messenger of Allah, I have a female slave
who was herding my sheep. I went to her and found a sheep missing from the flock.
I asked her about it and she said that a wolf had eaten it. I got angry at her, and, a
human that I am, I slapped her on the face. Now, I was (already) bound to set free a
slave (against an expiation I have to make for a previous lapse). So, shall I set her
free? (and absolve myself of the obligation and stone for striking her too on hearing
that) Allah's Messenger صلى الله عليه وسلم (had her brought to him and) asked her, 'where
is Allah?' She said, 'In the heaven.' He asked, 'who am I?' She said, 'you are Allah's
Messenger.' So, Allah's Messenger صلى الله عليه وسلم said, set her free."
According to Muslim's version:
He (Mu'awiyah) we à +, said, "I had a female slave who was herding my .sheep
towards Uhud (mountain) and Jawwaniyah (a place near Uhud). One day, I learnt
that a wolf had gone off with a sheep from our (flock of) sheep. Being a man among
the children of Aadam who gets upset as all get upset, I gave her (only) a single slap
(though I wished to give her a good thrashing). Then I went to Allah's Messenger
(and told him everything). He considered it as a grave matter against me. So, I asked
him, 'O Messenger of Allah, shall I not set her free?' He said, 'Bring her to me,.' I
brought her to him and he asked her, 'where is Allah?' She said, 'In the heaven.'
Then, he asked her, 'who am I?' She said, 'you are Allah's Messenger.' He said, 'Set
her free. She is a believer.""1
COMMENTARY: By presenting this hadith in this chapter, the compiler wishes to make
clear that slave (male or female) that as to be set free, against breaking vow of) zihar,
should be a Muslim. Imam Shaf'I al de>, abides by this hadith, but the Hanafis do not
consider it necessary. They say that this hadith merely suggests a better and more
meritorious course.
The Prophet ,led Lo asked the girl, 'where is Allah?' His aim was to know whether she
was a Muslim or an idol-worshipper. Her answer revealed that she was monotheist.
The version of Maalik als, suggests that Mu'awiyah wehno, affirms that it had previously
become obligatory on him to set free a slave for some reason so when he slapped this girl,
he asked the Prophet صلى الله عليه وسلم if he may fulfil that obligation by setting her free so that
he may achieve two things at one stroke: fulfil his previous obligation and get over the
remorse he felt on slapping her.
However, version of Muslim als>, seems to stress that Mu'awiyah wal+, had no reason to
set her free other than his harshness to the girl yet it does not rule not out that he could
have had another reason too.
1 Maalik Muwata # 8 (Itq) , Muslim # 33-37, Musnad Ahmad 1-449, (Muwatta Maalik Lahore edition
# 1254) Abu Dawud (similar) # 3282.

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SOME RULINGS ABOUT EXPIATION FOR ZIHAR: According to the Hanafis:
FIRST: The first preference is to set free a slave (male or female when making an expiation
for zihar. The slave may be a Muslim or a non-Muslim, male or female young or old,
cockeyed and deaf but able to hear a loud voice. He may have one hand and one foot
amputated (by surgery or otherwise) provided these severed limbs are on opposite sides. It
is allowed to emancipate a mukatab who has not paid any thing towards of his release.
However, such expiation cannot be made of a slave who is dumb or completely deaf and
can hear nothing at all. Similarly, these kinds are also not acceptable:
(i)
whose both hands are cut off,
(ii)
whose both feet are cut off,
(iii)
whose both big toes are severed,
(iv)
whose one hand and one foot are cut off on the same side,
(v)
who is insane (all the time) ,
(vi)
who is a madabbar (freed on the death of his master)
(vii)
who is an umm walad (who conceives child of her master) ,
(viii)
who is a mukatab who has paid something towards his/her freedom.
Expiation will not have been paid if any of them are set free towards it.
SECOND: The second preference while making an expiation for zihar when a slave cannot
be found is to fast for two months consecutively ensuring that the two months do not
overlap the month of Ramadan or such days on which it is disallowed to fast, like days of
eed and tashriq. Moreover, for the full length of two months (when the continuous fasting
is over) , sexual intercourse with wife is not allowed. If a man has sexual intercourse with
the woman (with whom he had observed zihar) then he will have to begin the fasting all
over again. It is the same if he had approached her during day time or during night,
whether he did willfully or on impulse. Also if he breaks a fast out of compulsion or
without reason then, too, he will have to begin the fasts all over again.
THIRD: The third preference while making an expiation is to feed sixty poor people if a man is
not able to fast in the manner prescribed in the foregoing lines. The sixty needy and poor
people are to be fed twice, or given uncooked grain half a sa' to each, or one sa' (3kg 2nd gram)
dates or barley, or the monetary value of any of these things. It is also allowed to give any two
of these things instead of only, for example 817 gram of wheat with 633 gram of barley.
IBAHAH IS PERMITTED IN MAKING EXPIATION: Ibahah is to cook food and place it
before the poor people so that they may eat as much as they like from it. It is allowed to observe
for expiations and for fidyah (which is a recompense for missed fasts of Ramadan), but not
allowed for wajib (obligatory) sadaqah (charity), like zakah (Annual due charity), etc. because in
these cases it is imperative that ownership should be transferred to the poor people.
Moreover, for the expiation against zihar sixty poor people must be fed two times to a
full stomach. It does not matter if this is done twice on the same day, in the afternoon
and evening. The feeding is to a full stomach no matter in how less are they satiated
(there being no other measure). As for the kind of food, it depends on what the man
feeding can afford. If there is barley bread, then it is necessary to serve gravy or stew,
but not with wheat bread.
If instead of sixty poor people twice a day, only one is fed twice a day for sixty days, then
this too is acceptable. But only one poor person cannot be given the food of sixty on a
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If the man who makes zihar resorts to sexual intercourse during the feeding of the poor,
then though he will have committed a sin yet he will not be required to feed the poor all
over again.
If a man if liable to make two expiations for two zihars and he gives sixty poor people one
sa' wheat to each of them at half sa' per expiation, for both than only one expiation will be
valid, not both.
If a man has to make an expiation for zihar and another for breaking fast and he gives one
sa' wheat to each poor man then this valid expiations and both have been paid.
CHAPTER - XV
INVOKING CURSES
بَابُ الّلِعَانِ
DEFINITION: Li'an (sw) and mula'anah (ue)u) mean to curse each other.
In the terminology o Shari'ah (divine law), when a husband accuses his wife of infidelity or
denies parenthood of a child that is born to her, saying that he does not know to whom it
belongs, but the wife refutes the accusation, then she may complain to the judge or a
relevant authority. He will summon the husband and ask him to prove the allegation. So, if
he proves his case through witnesses, the judge will enforce the hadd (or prescribed
punishment) on the man's wife. But, if the husband cannot prove his allegation through
four witnesses, then the judge will ask him first to declare, "I call upon Allah as a witness
and assert that I am true in accusing her of adultery." He must point to the woman and
speak these words four times, and again he should point to her the fifth time and declare,
"If I am false in accusing this woman of adultery then may Allah's curse be on me."
When the husband makes the fifth declaration, the wife must point to him and say four
times. "I call upon Allah as a witness that he is a liar in the accusation he has levelled
against me of infidelity." Then, the fifth time she should point to him and say. "If this man
is true in accusing me of adultery then may Allah's wrath be on me."
When both of them have cursed one another in this manner, then the ruler should
separate them and that will amount to one divorce .- talaq ba'in and the woman will be
forbidden to the man for ever unless the man retracts his accusation (saying, "I had
accused her falsely") then the hadd will be enforced on him for scandalizing the
woman and thereafter it will be correct for him to remarry the woman. But, Imam Abu
Yusuf altas, maintains that even in that case when the man confesses that he was false,
the woman remains forbidden to him for ever.
SECTION I
الفَضْلُ الأوَلْ
A CASE OF LI'AN IN THE PROPHET'S صلى الله عليه وسلم TIMES
(٣٣٠٤) عَنْ سَهُلٍ بُنِ سَعْدِنٍ السَّاعِدِيِّ قَالَ إِثَّ عُوَزُمِرَ الْعَجُلَانِّ قَالَ يَا رَسُولَ اللهِ آَرَأَيْتَ رَجُلًا وَجَدَ
مَعَ امْرَأَتِهِ رَجُلًا أَيْقْتُلُهُ فَيَقْتُلُؤْنَهُ أَمْ كَيْفَ يَفْعَلُ فَقَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّهِ قَدْ أُنْزِلَ فِيُكَ
وَصَاحِبَتِكَ فَاذْهَبُ فَأَّتِ بِهَا قَالَ سَعْدْ فَتَلَا عَنَا فِي الْتَسْجِدِ وَأَنَا مَعَّ النَّاسِ عِنْدَ رَسُولِ اللّهِ صَلَّى اللَّهُ عَلَيْهِ
وَسَلَّمَ فَلَمَّا فَرَغَا قَالَ مُوَزْمِرْ كَذِبْتُ عَلَيْهَا يَا رَسُولَ اللَّهِ إِنْ أَمْسَكُتُهَا فَطَلَّقَهَا ثَلَاثًا ثُؤَّ قَالَ رَسُولُ اللّهِ
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صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أُنْظُرُوْا فَإِنْ جَاءَتُ بِهِ أَسْحَمَ أَدْعَ الْعَيْنَيْنِ عَظِيُمَ الْإِلْتَيْنِ خَدَلَّمَ السَّاقَيْنِ فَلَا
أَحْسِبُ حُوَيُمِرًّا إِلَّ قَدْ صَدَقَ عَلَيْهَا وَإِنْ جَاءَتْ بِهِ أُخَيْمَرَ كَنَّهُ وَحَرَةٌ فَلَّا أَحْسِبُ حُوَيْمَرَّ إِلَّا قَدْ كَذَّبَ
عَلَيْهَا فَجَاءَتْ بِهٍ عَلَى النَّعْتِ الَّذِىُ نَعَتَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مِنْ تَصْدِيْقِ حُوَّلْمٍَ فَكَاتَّ بَعْدُ
يُنْسَبُ إلى أُقِهِ (متفق عليه)
3304. Sayyiduna Sahl ibn Sa'd Sa'adi as a +, narrated that (a sahabi) Sayyiduna
Uwaymir al Ajlami رضى الله عنه (came to the Prophet صلى الله عليه وسلم and) submitted. "0
Messenger of Allah tell me about a man who finds his wife with a man. Should he
kill him? Then his heirs would slay him in retaliation, or what should he do?" (Or,
should he show patience?) Allah's Messenger صلى الله عليه وسلم said, "A revelation had
been sent down concerning you and your wife. So, go and bring her here."
Sahl said that (he brought her to the mosque and) they cursed one another in the
mosque (Masjid Nabawi), and that he was present there alongwith other people
near Allah's Messenger صلى الله عليه وسلم When they had finished cursing (one another) ,
Uwaymir as an (+) said, "I would be lying if I retained her, O Messenger of Allah,
and he uttered divorce to her three times. Then, Allah's Messenger صلى الله عليه وسلم said,
"Observe! If she bears a child that is dark with very black eyes, large buttocks and
thick legs, I will not but presume that Uwaymir has spoken the truth about her. But,
if she delivers a child bright red as though the colour of wahrah (which is a kind of
a lizard), I shall only presume that Umaymir has lied against her."
صلى الله عليه وسلم She gave birth to a child that matched the description Allah's Messenger
had given if Uwaymir had spoken the truth. Thereafter, the child's linage was
traced to its mother.1
COMMENTARY: If anyone finds a stranger with his wife, then the ulama (Scholars) differ
on whether he may kill the stranger. Most of them say that he will be awarded a death
penalty unless he presents four witnesses (that the stranger was with her alone) or the
stranger's heirs confirm (that he had committed sin) in which case he will not be killed. If
the witnesses are not found and the heirs of the dead man do not blame him and this man
is given the death penalty for murdering the stranger and he was true in accusing him.
Then he is not a sinner in the sight of Allah.
The saying, "A revelation has been sent down concerning you and your wife refers to
these verses:
وَالَّذِيْنَ يَرْمُوْنَ أَزْوَاجَهُمْ وَلَمْ يَكُنُّ لَهُمْ شُهَدَاءُ إِلَّ أَنْفُسُهُمْ فَشَهَادَةُ أَحَدِ هِمْ أَرْبَعُ شَهْدَاتٍ بِاللّهِ إِنَّه
لَمِنَ الُدِقِينَ * وَالْخَامِسَةُ أَّ لَعْنَةَ اللّهِ عَلَيْهِإِنْ كَانَ مِنَ الْحُذِبِينَ-الأيةُ- (النساء ٢:٢٣،،)
{And those who accuse their wives and there are no witnesses for them except
themselves, the testimony of one of them shall be swearing by Allah four times that
he is of the truthful. And a fifth time, that the curse of Allah shall be upon him, if
he should be of the liars .... ] (24: 607 and following)
1 Bukhari # 5308, Muslim # 1-1492, Abu Dawud # 2245, Nasa'i # 3466, Ibn Majah # 2066, Muwatta
Maalik # 34 (Talaq) Musnad Ahmad 5-334.

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Some exegetes say that these verses were revealed in 9 AH in the month of Sha'ban.
Ibn Maalik al , said that it appears from this hadith that these verses on invoking
curses were revealed about the case of Uwaymir usd +, and the first li'an in Islam was
observed by him.
Some other exegetes says that these verses were revealed concerning Hilal ibn Umayyyah
#) A subsequent hadith.رضى الله عنه and the first li'an in Islam was observed by Hilal رضى الله عنه
3307) of Ihn Abbas رضى الله عنه names him. Accordingly, the prophet's رضى الله عنه saying to
Uwaymis cần.). A revelation has been sent down concerning you and your wife. Refers to
the verses already revealed about a similar case.
Some people say that the verses was revealed about both who presented their case to the
Prophet صلى الله عليه وسلم . But Hilal رضى الله عنه was the first man to observe li'an.
Uwaymir que du +, said after observing the li'an that if he continued to keep his wife then it
would imply that he was accusing her falsely.
(In the text of the hadith in its first few lines, Uwaymir said, "Then his heirs will kill him,"
for the Arabic («,kad), but Bukhari has quoted him to say, 'whereupon you would kill him,
or what would he do?" for the Arabic (wyli-)). Muslim also has the same words as Bukhari.
Maalik # 29. 13-34 has 'and be killed himself.' Mishkat has as given here in the text.)
SEPARATING THE COUPLE AFTER LI'AN
(٣٣٠٥) وَعَنِ ابْنِ عُمَرَاَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ لَّا عَنَ بَيْنَ رَجُلٍ وَامْرَأْتِهِ فَانْتَفَى مِنْ وَلَدِهَا فَفَرَّقَ
بَيْتَهُمَا وَاَخُقَ الْوَلَّدَ بِالْمَرْأَةِ مُتَّقَّ عَلَيْهِ وَفِى حَدِيثِهِ أَهُمَا أَكَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَعَفَلَهُ وَذَكَّرَه
وَأَخْبَرَةُ أَّ عَذَابَ الدُّنْيَا أَهْوَكُ مِنْ عَذَابٍ الْآخِرَةِ ثُمَّ دَعَاهَا فَوَعَظَهَا وَذَكَّرَهَا وَأَخْبَرَهَا آَّ عَذَابٌ
الدُّنْيَا آَهُوَكُ مِنْ عَذَّابِ الْآخِرَةِ-
3305. Sayyiduna Ibn Umar رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم made a man
and his wife invoke curses (about another). He disowned her child. The Prophet
juleà (also) separated the two of them and handed over the child to the woman.
According to another of his hadith. Allah's Messenger صلى الله عليه وسلم admonished the
man and reminded him and informed him that the punishment in this world is
milder than the punishment in the hereafter (so that he might not accuse her
falsely). Then, he summoned the woman and admonished her and reminded her
and informed her that the punishment in this world is milder than the punishment
in the hereafter.1
COMMENTARY: Man and woman are separated not simply because of li'an (or curses)
but the ruler of judge separates them, otherwise there was no point in making three
pronouncements of divorce as Uwaymir ca +, did (see hadith # 3304).
The punishment in the world is the hadd (or the prescribed). It is according to Shari'ah
(divine law). If a man accuses a woman (whether his wife or another) of adultery, and is
proved to be false, then Shari'ah (divine law) awards him the hadd. He will be awarded
1 Bukhari # 5315, Muslim # 8-1494, Tirmidhi # 1203, Abu Dawud # 2259, Nasa'i # 3477, Ibn Majah #
2069, Muwatta Maalik # 35 (Talaq).

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eighty stripes for accusing an innocent woman of infidelity. If he is proven true that the
woman had committed adultery then she will be awarded the hadd which is
(i)
Stoning to death of a married woman, or
(ii)
One hundred stripes if she is an unmarried woman.
There is a possibility that the man had misunderstood facts or was driven by emotion at the
moment. Later, he was satisfied that his accusation was baseless. However, he could not
retract his statement because of fear of worldly punishment, so resorted to li'an.
Or, the woman had committed indecency but did not confess lest she would be punished
and preferred to resort to li'an.
This is why the Prophet صلى الله عليه وسلم told each of them what the punishment in this world
more bearable than that of the next world. He advised them to speak the truth and preserve
themselves from terrible punishment of the hereafter.
RECKONING IN ALLAH'S HANDS
(٣٣٠٦) وَعَنْهُ أَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لِلْمُثَلَا عِنَيْنِ حِسَابُكُمَا عَلَى اللَّهِ أَحَدُ كُمَّا كَاذِبْ لَّا سَبِيْلَ
لَكَ عَلَيْهَا قَالَ يَا رَسُولَ اللُّهِ مَالِ قَالَ لَا مَالَ لَكَ إِنْ كُنْتَ صَدَقْتَ عَلَيْهَا فَهُوَ بِمَا اسْتَحْلَلُتَ مِنْ فَرُچِهَا
وَإِنْ كُنْتَ كَذَبْتَ عَلَيْهَا فَذَاكَ أَبْعَدُ وَابٌعَدُ لَكَ مِنْهَا- (متفق عليه)
.
3306. Sayyiduna Ibn Umar رضى الله عنه narrated that the Prophet صلى الله عليه وسلم said to the
two (man and woman) who had observed li'an, "(We can go only by the apparent
and that is li'an, but) your reckoning is in Allah's hand, because (given the facts)
one of you is lying." (And he said to the man,) "You have no option about the
woman (for, now she is forbidden to you, always)." The man submitted, "O
Messenger of Allah! My property (what about t: the dowry that I have given her)."
He said, "You have no (right to the) property. If you have spoken the truth then it is
(hers) against the sexual intercourse you had with her (making it lawful for you). If
you have lied against her, then that is more distant (that you claim it back). And,
further away from you than she is."1
COMMENTARY: In this world, the dispute between them was settled through li'an, but
true reckoning will take place in the hereafter. The liar will be known and punished.
If the man who observes li'an did have sexual intercourse with his wife whom he blames
for infidelity, then the ulama (Scholars) are agreed that he cannot claim back the dower.
However, if they had not had a sexual intercourse then the imam differ on the issue. Imam
Abu Hanifah at, Imam Shafi'I als, and Imam Maalik ans, hold that in such cases the
man will be eligible to get back half of the dower.
BACK GROUND OF VERSE ON LI'AN
(٣٣٠٧) وَعَنِ ابْنِ عَبَّاسِ قَالَ إِّ هِلَالَ بْنَ أُمَيَّةَّ فَذَفَ امْرَأَتَهُ عِنْدَ النَّبِيِّ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ بِشَرِئُكِ بُنِ
سَحْمَاء فَقَالَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ الْبَّيِنَّةَ أَوْ حَذَّا فِى ظَهْرِكَ فَقَالَ يَا رَسُولَ اللَّهِ إِذَا رَأَى أَحَدُنَا عَلَى
إِمْرَأْتِهِ رَجُلًا يَنْطَلِقُ يَلْتَمِسُ الْبَيِنَّةُ فَجَعَلَ النَّيُّ صَلَى اللّهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ الْبَيِّنَةُ وَإِلَّ حَدٌّ فِي ظَهْرِكَ
1 Bukhari # 5350, Muslim # 5-1493, Abu Dawud # 2257, Nasa'i # 3476, Musnad Ahmad 2-11.

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فَقَّالَ هِلَالْ وَالَّذِى بَعْتَكَ بِالْحُقِ إِنِّْ لَصَادِقٌ فَلْيُنْزِلَنَّ اللَّهُ مَا يُبَُّّ ظَهْرِئٌ مِنَ الْخَدِّ فَنَزَلَ جِبْرِيْلُ وَآَنْزَلَ عَلَيْهِ
وَالَّذِيْنَ يَرْمُوْنَ أَزْوَاجَهُمْ فَقَرَأَ حَتَّى بَلَغَ إِْ كَانَ مِنَ السَّادِقِيْنَ ذَجَاءَ هِلَالْ فَشَهِدَ وَالنَّبِىُّ صَلَّى اللّهُ
عَلَيْهِ وَسَلَّمَ يَقُولُ إِنَّ اللَّهُ يَعْلَمُ أَنَّ أَحَدَكُمَا كَاذِبٌ فَلُ مِنْكُمَا تَائِبْ ثُمَّ قَامَتُ فَشَهِدَتْ فَلَمَّا كَانَتْ
عِنْدَالْخَا مَسَةٍ وَقَفُوْهَا وَقَالُوْا إِنََّا مُؤْجِبَةٌ قَالَ ابْنُ عَبَّاسٍ فَتَلَكَّأَتْ وَنَّكَّمَتْ حَتَّى ◌َظَنَّا أَنَّهَا تَرْجِهُ ثُؤَّ قَالَّتُ
لَا أَفْضَعُ قَوْمِئْ سَائِرَ الْيُؤْمِ فَمَضَّتْ وَقَالَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَبْصِرُؤُهَا فَإِنْ جَاءَتُ بِهِ اَكُحَلَ
الْعَيْتَيْنِ سَابِةَ الْإِلْيَتَيْنِ خَدَ لََّ السَّاقَيْنِ فَهُوَ لِشَرِيْكِ ابْنِ سَحْمَاءٍ فَجَاءَتُ بِهِ كَذَالِكَ فَقَالَ النَّيُّ صَلَّى اللهُ
عَلَيْهِ وَسَلَّمَ لَوْ لَا مَا مَفِى مِنْ كِتَابِ اللَّهِ لَكَانَ لِى وَلَهَا شَاٌ - (رواه البخارى)
رضى narrated that Sayyiduna Hilal ibn Umayyah رضى الله عنه Sayyiduna Ibn Abbas .3307
Allah's. رضى الله عنه accused his wife of committing adultery with Sharik ibn Sahma اللهعنه
Messenger صلى الله عليه وسلم said, "Produce evidence or get the punishment (hadd) on
your back." He submitted, "If one of us sees a man over his wife, shall he go and
fetch evidence?" But, the Prophet صلى الله عليه وسلم insisted, "Evidence, or the prescribed
punishment on your back." So, Hilal submitted, "By Him who has sent you with
the truth, I speak the truth. May Allah reveal (for me) what will free my back reveal
(for me) that will free my back from punishment." Then, Jibril (>Jule did come
down and brought to him:
وَالَّذِيْنَ يَرُمُوْنَ آَزْوَاجَهُمُ - الأيةُ
and he recited up to
إِنْ كَانَ مِنَ القَّادِقِيْنَ
{And those who accuse their wives and there are no witnesses for them except
themselves, the testimony of one of them shall be swearing by Allah four times that
he is of the truthful .... }
{And a fifth time, that the curse of Allah shall be upon him, if he should be of the
liars. And it shall avert from her the chastisement if she testifies by wearing by
Allah four times that he is of the liar, and a fifth time, that the wrath of Allah be
upon her if he should be of the truthful} (24: 6-9)
Then Hilal stood up and gave testimony. The Prophet صلى الله عليه وسلم said, "Surely,
Allah knows that one of you lies. So, is there one of you who will repent?" Then,
the woman stood and gave the testimony, but when she was about to give the fifth,
the sahabah persuaded her to stop telling her that the punishment would become
definite with that.
Ibn Abbas said that she hesitated and withdrew, so they presumed that she would
retract her statement. But she said after that, "I shall not fail my people ever," and
completed her oath.
The Prophet صلى الله عليه وسلم said to them, "watch her! If she bears a child with (large
black) eyes antimony-coloured, fat hips and thick legs then that child's father is
Sharik ibn Sahma. Indeed, she gave birth to a child as was described. The Prophet