Divorce (Kitab Al-Talaq)

‘Abdullāh ibn ‘Amr reported that a woman said: "O Messenger of Allah, for this son of mine, my womb was a vessel, my breast was a watering pot, and my lap was a holder, yet his father has divorced me and wants to take him away from me." The Messenger of Allah (may Allah's peace and blessings be upon him) said: 'You are more entitled to him (the child's custody) as long as you do not get married.''

Abu Maymūnah Salma, who was a truthful man and a freed slave from among the people of Madīnah, reported: While I was sitting with Abu Hurayrah, a Persian woman came to him along with a son of hers. She had been divorced by her husband, and they both (the father and mother) claimed him. She said: "O Abu Hurayrah," speaking to him in Persian, "my husband wants to take my son away." So Abu Hurayrah said: "Draw lots on this," saying it to her in Persian. Then her husband came and said: "Who is disputing with me regarding my son?" Abu Hurayrah said: "O Allah, I do not say this, except that I heard a woman who came to the Messenger of Allah (may Allah's peace and blessings be upon him) while I was sitting with him, and she said: ‘My husband wants to take away my son, Messenger of Allah, and my son draws water for me from the well of Abu ‘Inabah, and he has been helpful to me.’ The Messenger of Allah (may Allah's peace and blessings be upon him) said: ‘Cast lots for him.’ Her husband said: ‘Who is disputing my son with me?’ The Prophet (may Allah's peace and blessings be upon him) said: ‘This is your father, and this your mother, so take whichever of them you wish by the hand.’ So he took his mother's hand, and she went away with him.'"

Fātimah bint Qays (may Allah be pleased with her) reported that Abu ‘Amr ibn Hafs divorced her irrevocably, while he was not present (and in another narration: “divorced her thrice”). He sent some barley to her with his representative and she was displeased with it. So he said: “By Allah, you are not entitled to receive anything from me.” She came to the Messenger of Allah (may Allah's peace and blessings be upon him) and mentioned that to him. He said: “No financial maintenance is due to you upon him. (In another narration: 'or accommodation’)” Then the Prophet (may Allah's peace and blessings be upon him) ordered her to observe her ‘Iddah (post-divorce waiting period) in the house of Umm Sharīk; then he said: “This is a woman whom my Companions frequently visit, so observe your ‘Iddah at the house of Ibn Umm Maktūm. He is a blind man and you can disrobe in his house. Then when you complete your ‘Iddah, inform me.” She said: “When I completed my ‘Iddah, I mentioned to him that both Mu‘āwiyah ibn Abu Sufyān and Abu Jahm proposed to me. Thereupon, the Messenger of Allah (may Allah's peace and blessings be upon him) said: ‘As for Abu Jahm, he never takes his stick off his shoulder, and as for Mu‘āwiyah, he is destitute and penniless. Marry Usāmah ibn Zayd,’” whom she disliked. Then he said: “Marry Usāmah ibn Zayd.” Fātimah said: “So I married him and Allah placed a lot of good in him, and I was pleased with him.”

A relative of Umm Habībah died, so she asked for a yellow perfume and wiped it over her arms and said: "I do this only because I heard the Messenger of Allah (may Allah’s peace and blessings be upon him) say: It is not lawful for a woman who believes in Allah and the Last Day to mourn for a deceased more than three [days], but for her husband, four months and ten days.'"

Furay‘ah bint Mālik ibn Sinān, sister of Abu Sa‘īd al-Khudri, reported that she went to the Messenger of Allah (may Allah's peace and blessings be upon him) and asked him if she could return to her family, Banu Khudrah, because her husband went out chasing his slaves who ran away; and when he caught them at the borders of Al-Qadūm, they killed him. She said: "I asked the Messenger of Allah (may Allah's peace and blessings be upon him) if I could go back to my people, for he (the murdered husband) did not leave me in a dwelling of his own, nor did he leave me with any financial maintenance?" She said: "The Messenger of Allah (may Allah's peace and blessings be upon him) replied: 'Yes.'" She said: "I went out, and when I was in the apartment or in the mosque, he called for me, or he commanded someone to call me and he said: 'What did you say?' So I repeated my story which I had already mentioned about my husband. Thereupon he said: 'Stay in your house until the term (of ‘Iddah) lapses.'" She said: "So I spent my ‘Iddah therein (in her husband's house) for four months and ten days. When ‘Uthmān ibn ‘Affān became the caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly.’"

’Umm ‘Atiyyah (may Allah be pleased with her) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "A woman should not mourn for any dead person more than three days except her husband, for whom she should mourn four months and ten days. She should not wear dyed clothes (while in mourning) except ‘Asb (an unattractive Yemeni garment), nor should she apply kohl or touch perfume, except when she becomes purified (from her menses), as she may then apply a little Qust or Azhfār (types of incense)."

Subay‘ah al-Aslamiyyah (may Allah be pleased with her) reported that she was married to Sa‘d ibn Khawlah, who belonged to the tribe of ‘Āmir ibn Lu’ay. He was one of the Companions who participated in the battle of Badr. He died during the Farewell Hajj while Subay‘ah was pregnant. Shortly after his death, she delivered her child. When her post-natal bleeding stopped, she beautified herself for prospective suitors. Abu As-Sanābil ibn Ba‘kak (a man from the tribe of Banu ‘Abd Ad-Dār) entered upon her and said: "Why are you thus adorned? Perhaps you wish to remarry? By Allah, you cannot remarry unless four months and ten days (of ‘Iddah) have passed." Subay‘ah said: "When he said that, I put on my clothes in the evening and I went to the Messenger of Allah (may Allah's peace and blessings be upon him). I asked him about that, and he gave me a Fatwa that remarrying had became lawful to me when I delivered my child, and he ordered me to marry if I so wished." Ibn Shihāb said: "I do not find anything wrong with her marrying right after she gives birth, even if she is still bleeding (post-partum) except that her new husband should not approach her until she attains purity (when the bleeding stops).

‘Amr ibn al-‘Ās (may Allah be pleased with him) said: "Do not confuse the Sunnah of our Prophet. The ‘Iddah of a mother-slave girl whose master dies is four months and ten (days)."

‘Ā’ishah (may Allah be pleased with her) reported: A man divorced his wife three times, then another man married her and divorced her before consummating the marriage with her. Her first husband wanted to remarry her, and the Prophet (may Allah's peace and blessings be upon him) was asked about that. He said: "No, not until the second husband tastes of her sweetness what the first one tasted."

‘Abdullah ibn Mas‘ūd (may Allah be pleased with him) reported: I asked the Prophet (may Allah's peace and blessings be upon him): "Which sin is the gravest in the sight of Allah?" He said: "To set an equal to Allah while He created you." I said: "This is, indeed, grave." I said: "What comes next?" He said: "To you kill your child lest he should share your food with you." I said: "What comes next?" He said: "To commit adultery with your neighbor's wife."