When you divorce women, divorce them at their
recorded that `Abdullah bin Umar divorced his wife, during the lifetime
of Allah's Messenger, while she was menstruating. `Umar bin Al-Khattab
mentioned that to Allah's Messenger. Allah's Messenger became angry and
to take her back and keep her until she is clean from her menses, and then
to wait until she gets her next period and becomes clean again. Then, if
he wishes to divorce her, he can divorce her when she is clean from her
menses, before he has sexual intercourse with her.
This is the `Iddah
which Allah the Exalted and Most Honored has fixed.
Al-Bukhari recorded this Hadith in several parts of his
Muslim collected this Hadith and his narration uses these
the `Iddah which Allah has fixed for the women being divorced.
Sahih, Muslim has recorded a Hadith which is a more appropriate version
from a narration of Ibn Jurayj who said that Abu Az-Zubayr informed him
that he heard `Abdur-Rahman bin Ayman, the freed slave of `Azzah,
questioning Abdullah bin Umar. And Abu Az-Zubayr heard the question,
"What about a man who divorces his wife while she is still
on her menses''
Abdullah answered, "During the time of Allah's Messenger,
Abdullah bin Umar divorced his wife who was menstruating in the life time
of Allah's Messenger. So Allah's Messenger said:
him take her back). so she returned and he said:
إِذَا طَهُرَتْ فَلْيُطَلِّقْ
When she is pure, then either divorce or keep her.
Abdullah bin Umar said,
"Allah's Messenger recited this Ayah:يَا
أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاء فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ
Prophet! When you divorce women, divorce them at their
And `Abdullah (Ibn Mas`ud) commented on Allah's statement, فَطَلِّقُوهُنَّ
them at their `Iddah), He said,
"Purity without intercourse.''
reported from Ibn Umar, Ata', Mujahid, Al-Hasan, Ibn Sirin, Qatadah,
Maymun bin Mihran and Muqatil bin Hayyan.
It is also reported from
Ikrimah and Ad-Dahhak.
Ali bin Abi Talhah reported from Ibn `Abbas about
the Ayah; فَطَلِّقُوهُنَّ
them at their `Iddah),
"He does not divorce her while she is on her menses nor
while she is pure if he has had intercourse during that (purity). Rather,
he leaves her until she has her menses and after the menses ends, then he
divorces her once.''
And Ikrimah said about فَطَلِّقُوهُنَّ
them at their `Iddah),
"The `Iddah is made up of cleanliness and the
So he divorces her while it is clear that she is pregnant,
or he does not due to having sex, or since he does not know if she is
pregnant or not.
This is why the scholars said that there are two types of
- one that conforms to the Sunnah and
- another innovated.
The divorce that conforms to the Sunnah is one where the
husband pronounces one divorce to his wife when she is not having her
menses and without having had sexual intercourse with her after the menses
ended. One could divorce his wife when it is clear that she is pregnant.
As for the innovated divorce, it occurs when one divorces
his wife when she is having her menses, or after the menses ends, has
sexual intercourse with her and then divorces her, even though he does not
know if she became pregnant or not.
There is a third type of divorce, which is neither a Sunnah
nor an innovation where one divorces a young wife who has not begun to
have menses, the wife who is beyond the age of having menses, and
divorcing one's wife before the marriage was consummated.
... وَأَحْصُوا الْعِدَّةَ
meaning, count for it and know its beginning and end, so
that the `Iddah does not become prolonged for the woman and she cannot get
And have Taqwa of Allah, your Lord
(in this matter).
Spending and Housing
is up to the Husband during the Revocable `Iddah Period
them not out of their homes nor shall they leave,
meaning, during the
duration of the `Iddah, she has the right to housing from her husband, as
long as the `Iddah period continues.
Therefore, the husband does not have the right to force her out of her
house, nor is she allowed to leave his house, because she is still tied to
the marriage contract.
case they are guilty of Fahishah Mubayyinah.
meaning that the divorced
wife is not to abandon her husband's house unless she commits
Mubayyinah, in which case, she vacates her husband's house.
For example, Fahishah Mubayyinah implies adultery, according to Abdullah bin Mas`ud,
Ibn `Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan, Ibn Sirin,
Mujahid, `Ikrimah, Sa`id bin Jubayr, Abu Qilabah, Abu Salih, Ad-Dahhak,
Zayd bin Aslam, `Ata' Al-Khurasani, As-Suddi, Sa`id bin Hilal and others.
Fahishah Mubayyinah implies disobeying her husband openly or when she
abuses her husband's family in words and actions, according to Ubay bin
Ka`b, Ibn `Abbas, Ikrimah and others.
And those are the set limits of Allah.
means, these are from His legislation and prohibitions,
يَتَعَدَّ حُدُودَ اللَّهِ ...
And whosoever transgresses the set limits of Allah,
meaning, whoever violates these limits, transgresses them
and implements anything else besides them,
not, it may be that Allah will afterward bring some new thing to pass.
meaning, `We commanded that the divorced wife remains in her husband's
house during the `Iddah period, so that the husband might regret his
action and Allah decides that the husband feels in his heart for the
marriage to continue.' This way, returning to his wife will be easier for
Az-Zuhri said that `Ubaydullah bin `Abdullah said that Fatimah bint
Qays said about Allah's statement,
You know not, it may be that Allah will afterward bring
some new thing to pass.
"Taking her back.''
Similar was said by Ash-Sha`bi, `Ata', Qatadah, Ad-Dahhak,
Muqatil bin Hayyan and Ath-Thawri.
Divorced Woman does not have a Right to Provisions and Accommodations from
view of the scholars of the Salaf and those who follow them is that
housing is not obligatory in the case of the irrevocably divorced woman.
They also relied on the Hadith of Fatimah bint Qays Al-Fihriyah when her
husband Abu Amr bin Hafs divorced her the third and final time.
He was away from her in Yemen at the time, and he sent her
his decision to divorce her. He also sent some barley with his messenger,
but she did not like the amount or method of compensation.
He said, "By Allah I am not obligated to spend upon you.''
So, she went to Allah's Messenger, who said,
لَيْسَ لَكِ عَلَيْهِ نَفَقَة
There is no obligation on him to spend on you.
Muslim added in his narration,
And he ordered her to finish her `Iddah period in the house of
Spending and housing are required from the husband who can
return to his wife. So if he does not have the right to return to her,
then she does not have the right to spending and housing. So leave his
house and go to so-and-so woman.
speak to her. Therefore, go to Ibn Umm Maktum, for he is a blind man and
cannot see you.
Abu Al-Qasim At-Tabarani recorded that Amir Ash-Sha`bi
went to Fatimah bint Qays, sister of Ad-Dahhak bin Qays, from the tribe of
Quraysh. Fatimah was married to Abu `Amr bin Hafs bin Al-Mughirah, from
Bani Makhzum. She said,
"Abu Amr bin Hafs sent me his decision to divorce me while
he was in an army that had gone to Yemen. I asked his friends to provide
me with financial provisions and housing. They said, `He did not send us
anything for that, nor did he request it from us.' I went to Allah's
Messenger and said to him, `O Allah's Messenger! Abu Amr bin Hafs divorced
me, and I asked his friends to provide me with spending and housing and
they said that he did not send them anything for that.'
Spending and housing are required from the husband for his
divorced wife if he can return to her. If she is not permitted for him
anymore, until she marries another husband, then he does not have to
provide her with spending and housing.''
Then when they are about to attain their term appointed,
either take them back in a good manner or part with them in a good manner.
Exalted says that when the woman who is in her `Iddah nears the end of the
`Iddah term, the husband must decide to reconcile with her, thus keeping
their marriage together,
(in a good
manner) while being kind to her in their companionship. Otherwise, he must
decide to divorce her on good terms, without abusing, cursing, or
admonishing her. To the contrary, he should divorce her on good terms,
observing kindness and good manners.
The Command to have Witnesses for the
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ
وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ
as witness two just persons from among you.
And establish the testimony for Allah.
meaning when taking her back,
if this is your decision.
Abu Dawud and Ibn Majah recorded that Imran bin Husayn was asked about a man who divorced his wife and then had sexual
intercourse with her, without notifying witnesses of when he divorced her
and when he took her back. Imran said,
"His divorce and taking her back
was in contradiction to the Sunnah. Incorporate the presence of witnesses
for divorcing her and taking her back, and do not repeat your conduct.''
Ibn Jurayj said that `Ata' commented on the Ayah,
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ (And take as witness two
just persons from among you).
"It is not permissible to marry, divorce or take back the
divorced wife except with two just witnesses, just as Allah the Exalted
has said, except when there is a valid excuse.''
whosoever has Taqwa of Allah, He will make a way for him to get out. And
He will provide him from where he never could imagine.
has Taqwa of Allah in what He has commanded and avoids what He has
forbidden, then Allah will make a way out for him from every difficulty
and will provide for him from resources he never anticipated or thought
Ibn Abi Hatim recorded that `Abdullah bin Mas`ud said,
"The most comprehensive Ayah in the Qur'an is,
يَأْمُرُ بِالْعَدْلِ وَالإْحْسَانِ
Allah enjoins Al-`Adl (justice) and
Al-Ihsan (doing good). (16:90)
The greatest Ayah in the Qur'an that contains relief is,
... وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ
whosoever has Taqwa of Allah, He will make a way for him to get out.''
Ikrimah also commented on the Ayah, "Whoever divorces as Allah commanded
him, then Allah will make a way out for him.''
Similar was reported from
Ibn Abbas and Ad-Dahhak.
Abdullah bin Mas`ud and Masruq commented on the
Ayah, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ
whosoever has Taqwa of Allah, He will make a way for him to get out).
pertains to when one knows that if Allah wills He gives, and if He wills
He deprives, وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ (from where he never could imagine). from resources
he did not anticipate''
Qatadah said, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ
whosoever has Taqwa of Allah, He will make a way for him to get out).
"meaning, from every doubt and the horrors experienced at the time of
death, وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ
will provide him from where he never could imagine), from where he never
thought of or anticipated.''
Those in menopause among your women, for them the
`Iddah, if you have doubt, is
three months; and for those who have no courses.
Exalted clarifies the waiting period of the woman in menopause. And that
is the one whose menstruation has stopped due to her older age. Her
`Iddah is three months instead of the
three monthly cycles for those who menstruate, which is based upon the
Ayah in Surah
The same for the young, who have not reached the years of menstruation.
Their `Iddah is three months like those in menopause. This is the meaning
of His saying;
وَاللَّائِي لَمْ يَحِضْنَ
those who have no courses...).
for His saying;إِنِ ارْتَبْتُمْ (if you
have doubt...) There are two opinions:
- First, is the saying of a group of
the Salaf, like Mujahid, Az-Zuhri and Ibn Zayd. That is, if they see blood
and there is doubt if it was menstrual blood or not.
- The second, is that
if you do not know the ruling in this case, then know that their
This has been reported from Sa`id bin Jubayr and it is the
view preferred by Ibn Jarir.
And this is the more obvious meaning.
Supporting this view is what is reported from Ubay bin Ka`b that he said,
"O Allah's Messenger! Some women were not mentioned in the
Qur'an, the young, the old and the pregnant.''
Allah the Exalted and Most Honored sent down this Ayah,
menopause among your women, for them the `Iddah, if you have doubt, is
three months; and for those who have no courses. And for those who are
pregnant, their `Iddah is until they lay down their burden.
Ibn Abi Hatim
recorded a simpler narration than this one from Ubay bin Ka`b who said,
Allah's Messenger! When the Ayah in Surah Al-Baqarah was revealed
prescribing the `Iddah of divorce, some people in Al-Madinah said,
are still some women whose `Iddah has
not been mentioned in the Qur'an. There are the young, the old whose
menstruation is discontinued, and the pregnant.'
those who are pregnant, their `Iddah is until they lay down their burden;
Allah says: the pregnant woman's `Iddah ends when she gives birth, whether
in the case of divorce or death of the husband, according to the agreement
of the majority of scholars of the Salaf and later generations.
based upon this honorable Ayah and what is mentioned in the Prophetic
Al-Bukhari recorded that Abu Salamah said,
"A man came to Ibn
Abbas while Abu Hurayrah was sitting with him and said, `Give me your
verdict regarding a lady who delivered a baby forty days after the death
of her husband.'
Ibn `Abbas said,` Her
`Iddah period lasts until
the end of the longest among the two prescribed periods.'
I recited,وَأُوْلَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ
حَمْلَهُنَّ (For those
who are pregnant, their prescribed period is until they deliver their
Abu Hurayrah said, `I agree with my cousin (Abu Salamah).'
Ibn `Abbas sent his slave Kurayb to Umm Salamah to ask her. She replied,
`The husband of Subay`ah Al-Aslamiyyah was killed while she was pregnant,
and she delivered a baby forty days after his death. Then she received a
marriage proposal and Allah's Messenger married her to somebody. Abu As-Sanabil
was one of those who proposed to her.''
Al-Bukhari collected this short
form of the Hadith, which Muslim and other scholars of Hadith collected
using its longer form.
Imam Ahmad recorded that Al-Miswar bin Makhramah
"Subay`ah Al-Aslamiyyah gave birth to a child a few days after the
death of her husband. When she finished the post delivery term, she was
proposed to. So she sought the permission of Allah's Messenger for the
marriage, and he permitted her to marry, so she got married.''
collected this narration, as did Muslim, Abu Dawud, An-Nasa'i and Ibn
Majah with a different chain of narration from the Hadith of Subay`ah.
Muslim bin Al-Hajjaj recorded that;
Ubaydullah bin Abdullah bin Utbah
said that his father wrote to Umar bin Abdullah bin Al-Arqam Az-Zuhri,
requesting that he go to Subay`ah bint Al-Harith Al-Aslamiyyah to ask her
about the matter in question, and about what Allah's Messenger said to her
when she sought his verdict.
Umar bin Abdullah wrote to Ubaydullah bin
Abdullah bin Utbah informing him that
Subay`ah told him that she had
been married to Sa`d bin Khawlah, and he was one of those who participated
in the battle of Badr. He died during the Farewell Pilgrimage, while she
was pregnant. Soon after his death, she gave birth. When she passed the
postnatal term, she beautified herself for those who might propose to her.
Abu As-Sanabil bin Ba`kak came to her and said, `Why do I see you have
beautified yourself? Do you wish to remarry? By Allah, you cannot marry
unless four months and ten days have passed.''
Subay`ah said, "When he said that, I dressed myself in the
evening and went to Allah's Messenger and asked him about his verdict.
He gave me a religious verdict that I was allowed to marry
after I had given birth to my child, saying I could marry if I wish.''
This is the narration that Muslim collected.
Al-Bukhari collected this Hadith in a shorter form.
they are pregnant, then spend on them till they lay down their burden.
This is about the woman who is irrevocably divorced. If she is pregnant,
then she is to be spent on her until she lays down her burden.
supported due to the fact that if she is revocably divorced, then she has
the right to receive her support (maintenance) whether she is pregnant or
Divorced Mother may take Compensation for suckling Her Child
أَرْضَعْنَ لَكُمْ ...
Then if they suckle them
meaning, when pregnant women give birth and they are irrevocably
divorced by the expiration of the `Iddah,
then at that time they may either suckle the child or not. But that is
only after she nourishes him with the milk, that is the early on milk
which the infant's well-being depends upon. Then, if she suckles, she has
the right to compensation for it. She is allowed to enter into a contract
with the father or his representative in return for whatever payment they
But if you make
difficulties for one another, then some other woman may suckle for him.
meaning, if the divorced
couple disagrees, because the woman asks for an unreasonable fee for
suckling their child, and the father refuses to pay the amount or offers
an unreasonable amount, he may find another woman to suckle his child.
If the mother agrees to
accept the amount that was to be paid to the woman who agreed to suckle
the child, then she has more right to suckle her own child.
and the man whose
resources are restricted, let him spend according to what Allah has given
him. Allah puts no burden on any person beyond what He has given him.
This is as Allah said,
اللَّهُ نَفْسًا إِلاَّ وُسْعَهَا
Allah does not burden a
person beyond what He can bear. (2:286)
Story of a Woman who had Taqwa
... سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْرًا﴿٧﴾
Allah will grant after
This is a sure promise
from Him, and indeed, Allah's promises are true and He never breaks them,
This is an Allah's
Verily, along with every
hardship is relief. Verily, along with every hardship is relief.
There is a relevant Hadith that we should mention here.
recorded that Abu Hurayrah said,
"A man and his wife from an earlier
generation were poor. Once when the man came back from a journey, he went
to his wife saying to her, while
feeling hunger and fatigued, `Do you have anything to eat'
She said, `Yes,
receive the good news of Allah's provisions.'
He again said to her, `If
you have anything to eat, bring it to me.'
She said, `Wait a little
She was awaiting Allah's mercy. When the matter was prolonged, he
said to her, `Get up and bring me whatever you have to eat, because I am
real hungry and fatigued.'
She said, `I will. Soon I will open the oven's
cover, so do not be hasty.'
When he was busy and refrained from insisting
for a while, she said to herself, `I should look in my oven.'
So she got
up and looked in her oven and found it full of the meat of a lamb, and her
mortar and pestle was full of seed grains; it was crushing the seeds on
its own. So, she took out what was in the mortar and pestle, after shaking
it to remove everything from inside, and also took the meat out that she
found in the oven.''
Abu Hurayrah added,
"By He in Whose Hand is the life
of Abu Al-Qasim (Prophet Muhammad)! This is the same statement that
A Messenger, who recites
to you the Ayat of Allah containing clear explanations,
Some said that the
Messenger is the subject of what is being sent (as
because the Messenger is the one that conveys the
Ibn Jarir said
that what is correct is that the Messenger explains
the Dhikr. This is why Allah the Exalted said here, رَّسُولًا
يَتْلُو عَلَيْكُمْ آيَاتِ اللَّهِ مُبَيِّنَاتٍ (A
Messenger, who recites to you the Ayat of Allah containing clear
And thus We have sent to
you Ruh of our command. You knew not
what is the book, nor what is faith But We have made it a light wherewith
we guide whosoever of Our servants We will. And verily, you are indeed
guiding to the straight path. (42:52)
And whosoever believes in
Allah and performs righteous good deeds, He will admit him into Gardens
under which rivers flow, to dwell therein forever. Allah has indeed
granted for him an excellent provision.
The same was explained
several times before, and therefore, we do not need to repeat its
Whoever usurps the land
of somebody unjustly, even if it was a mere hand span, then his neck will
be encircled with it down to the seven earths.
And in Sahih Al-Bukhari
the wording is:
خُسِفَ بِهِ إِلَى
...he will sink down to
the seven earths.
In the beginning of my book, Al-Bidayah wan-Nihayah, I
mentioned the various narrations for this Hadith when I narrated the story
of the creation of the earth.
All the thanks and praise is due to Allah.
Those who explained this Hadith to mean the seven continents have brought
an implausible explanation that contradicts the letter of the Qur'an and
the Hadith without having proof.