:
Chapter: Regarding Someone Who Ruins A Wife For Her Husband
Narrated AbuHurayrah:
The Prophet (ﷺ) said: Anyone who incites a woman against her husband or a slave against his master is not one of us.
Reference | : Sunan Abi Dawud 2175 |
In-book reference | : Book 13, Hadith 1 |
English translation | : Book 12, Hadith 2170 |
Chapter: Regarding A Woman Who Asks Her Husband To Divorce Another Wife Of His
Reference | : Sunan Abi Dawud 2176 |
In-book reference | : Book 13, Hadith 2 |
English translation | : Book 12, Hadith 2171 |
Chapter: Regarding The Disliked Nature Of Divorce
Narrated Muharib:
The Prophet (ﷺ) said: Allah did not make anything lawful more abominable to Him than divorce.
Reference | : Sunan Abi Dawud 2177 |
In-book reference | : Book 13, Hadith 3 |
English translation | : Book 12, Hadith 2172 |
Narrated Abdullah ibn Umar:
The Prophet (ﷺ) said: Of all the lawful acts the most detestable to Allah is divorce.
Reference | : Sunan Abi Dawud 2178 |
In-book reference | : Book 13, Hadith 4 |
English translation | : Book 12, Hadith 2173 |
Chapter: Regarding The Divorce According To The Sunnah
Reference | : Sunan Abi Dawud 2179 |
In-book reference | : Book 13, Hadith 5 |
English translation | : Book 12, Hadith 2174 |
Reference | : Sunan Abi Dawud 2180 |
In-book reference | : Book 13, Hadith 6 |
English translation | : Book 12, Hadith 2175 |
Reference | : Sunan Abi Dawud 2181 |
In-book reference | : Book 13, Hadith 7 |
English translation | : Book 12, Hadith 2176 |
Reference | : Sunan Abi Dawud 2182 |
In-book reference | : Book 13, Hadith 8 |
English translation | : Book 12, Hadith 2177 |
Reference | : Sunan Abi Dawud 2183 |
In-book reference | : Book 13, Hadith 9 |
English translation | : Book 12, Hadith 2178 |
Reference | : Sunan Abi Dawud 2184 |
In-book reference | : Book 13, Hadith 10 |
English translation | : Book 12, Hadith 2179 |
Abdur Rahman ibn Ayman, the client of Urwah, asked Ibn Umar and Abu al-Zubayr was was listening:
Abu Dawud said: This tradition has been narrated by Yunus b. Jubair, Anas b. Sirin b. Jubair, Zaid b. Aslam, Abu al-Zubair and Mansur from Abu Wa'il on the authority of Ibn 'Umar. They all agreed on the theme that the Prophet (ﷺ) commanded him to take her back (and keep her) till she was purified. Then if he desired, he might divorce her or keep her with him if he wanted to do so. The version narrated by al-Zuhri from Salim from Nafi' on the authority of Ibn 'Umar has: The Prophet (ﷺ) commanded him to take her back (and keep her) till she is purified, and then has menstrual discharge, and then she is purified. Then if he desires, he may divorce her and if he desires he may keep her.
Abu Dawud said: A version like that of Nafi' and al-Zuhri has also been transmitted by 'Ata al-Khurasani from al-Hasan on the authority of Ibn 'Umar. All the versions of this tradition contradict the one narrated by Abu al-Zubair.
Reference | : Sunan Abi Dawud 2185 |
In-book reference | : Book 13, Hadith 11 |
English translation | : Book 12, Hadith 2180 |
Chapter: A Man Takes His Wife Back Without Any Witnesses
Narrated Mutarrif ibn Abdullah:
Imran ibn Husayn was asked about a person who divorces his wife, and then has intercourse with her, but he does not call any witness to her divorce nor to her restoration. He said: You divorced against the sunnah and took her back against the sunnah. Call someone to bear witness to her divorce, and to her return in marriage, and do not repeat it.
Reference | : Sunan Abi Dawud 2186 |
In-book reference | : Book 13, Hadith 12 |
English translation | : Book 12, Hadith 2181 |
Chapter: Regarding The Sunnah For Divorcing Slaves
Narrated Umar ibn Mu'tab:
Abu Hasan, a client of Banu Nawfal asked Ibn Abbas: A slave had a wife who was a slave-girl. He divorced her by two pronouncements. Afterwards both of them were freed. Is it permissible for him to ask her in marriage again? He said: Yes. This is a decision given by the Messenger of Allah (ﷺ).
Reference | : Sunan Abi Dawud 2187 |
In-book reference | : Book 13, Hadith 13 |
English translation | : Book 12, Hadith 2182 |
The aforesaid tradition (No. 2182) has also been transmitted by Ali (ibn al-Mubarak) through a different chain of narrators to the same effect.
This version adds:
Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock.
Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan.
Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.
Reference | : Sunan Abi Dawud 2188 |
In-book reference | : Book 13, Hadith 14 |
English translation | : Book 12, Hadith 2183 |
Narrated Aisha, Ummul Mu'minin:
The Prophet (ﷺ) said: The divorce of a slave-woman consists in saying it twice and her waiting period is two menstrual courses (qur') AbuAsim said: A similar tradition has been narrated to me by Muzahir and al-Qasim on the authority of Aisha from the Prophet (ﷺ), except that he said: And her waiting period ('iddah) is two courses.
Abu Dawud said: This tradition is obscure.
Reference | : Sunan Abi Dawud 2189 |
In-book reference | : Book 13, Hadith 15 |
English translation | : Book 12, Hadith 2184 |
Chapter: Regarding A Divorce Before The Marriage
'Amr b. Shu'aib on his father's authority said that his grandfather (Abdullah ibn Amr ibn al-'As):
Reference | : Sunan Abi Dawud 2190 |
In-book reference | : Book 13, Hadith 16 |
English translation | : Book 12, Hadith 2185 |
Reference | : Sunan Abi Dawud 2191 |
In-book reference | : Book 13, Hadith 17 |
English translation | : Book 12, Hadith 2186 |
Reference | : Sunan Abi Dawud 2192 |
In-book reference | : Book 13, Hadith 18 |
English translation | : Book 12, Hadith 2187 |
Chapter: Regarding Divorcing By Mistake
Muhammad ibn Ubayd ibn Abu Salih who lived in Ayliya said:
Abu Dawud said: I think ghalaq means anger.
Reference | : Sunan Abi Dawud 2193 |
In-book reference | : Book 13, Hadith 19 |
English translation | : Book 12, Hadith 2188 |
Chapter: Regarding A Divorce That Was Said In Jest
Narrated AbuHurayrah:
The Prophet (ﷺ) said: There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final)
Reference | : Sunan Abi Dawud 2194 |
In-book reference | : Book 13, Hadith 20 |
English translation | : Book 12, Hadith 2189 |
Chapter: The Abrogation Of Taking Back A Wife After The Third Divorce
Narrated Abdullah ibn Abbas:
Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah hath created in their wombs. This means that if a man divorced his wife he had the right to take her back in marriage though he had divorced her by three pronouncements. This was then repealed (by a Qur'anic verse). Divorce is only permissible twice.
Reference | : Sunan Abi Dawud 2195 |
In-book reference | : Book 13, Hadith 21 |
English translation | : Book 12, Hadith 2190 |
Narrated Abdullah ibn Abbas:
Abd Yazid, the father of Rukanah and his brothers, divorced Umm Rukanah and married a woman of the tribe of Muzaynah. She went to the Prophet (ﷺ) and said: He is of no use to me except that he is as useful to me as a hair; and she took a hair from her head. So separate me from him. The Prophet (ﷺ) became furious. He called on Rukanah and his brothers. He then said to those who were sitting beside him. Do you see so-and-so who resembles Abdu Yazid in respect of so-and-so; and so-and-so who resembles him in respect of so-and-so? They replied: Yes. The Prophet (ﷺ) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse: "O Prophet, when you divorce women, divorce them at their appointed periods."
Abu Dawud said: The tradition narrated by Nafi' b. 'Ujair and 'Abd Allah b. Yazid b. Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i.e. irrevocable divorce). The Prophet (ﷺ) restored her to him. This version is sounder (than other versions), for they (i.e. these narrators) are the children of his man, and the members of the family are more aware of his case. Rukanah divorced his wife absolutely (i.e. three divorces in one pronouncement) and the Prophet (ﷺ) made it a single divorce.
Reference | : Sunan Abi Dawud 2196 |
In-book reference | : Book 13, Hadith 22 |
English translation | : Book 12, Hadith 2191 |
Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”
Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”
Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”
Reference | : Sunan Abi Dawud 2197 |
In-book reference | : Book 13, Hadith 23 |
English translation | : Book 12, Hadith 2192 |
Abu Dawud said “The opinion of Ibn ‘Abbas has been mentioned in the following tradition. “Ahmad bin Salih and Muhammad bin Yahya narrated this is the version of Ahmad (bin Salih)” from ‘Abd Ar Razzaq from Ma’mar from Al Zuhri from Abu Salamah din Abd Al Rahman bin ‘Awf and Muhammad bin ‘Abd Al Rahman bin Thawban from Muhammad bin Iyas that Ibn ‘Abbas, Abu Hurairah and ‘Abd Alah bin ‘Amr bin Al ‘As were asked about a virgin who is divorced three times by her husband. They all said “She is not lawful for him until she marries a man other than her former husband.” Abu Dawud said “Malik narrated from Yahya bin Sa’id from Bukair bin Al Ashajj from Mu’awiyah bin Abi ‘Ayyash who was present on this occasion when Muhammad bin Iyas bin Al Bukair came to Ibn Al Zubair and Asim in ‘Umar. He asked them about this matter. They replied “Go to Ibn ‘Abbas and Abu Hurairah, I have left them with A’ishah (may Allaah be pleased with her). He then narrated the rest of the tradition.”
Abu Dawud said “The statement of Ibn ‘Abbas goes “The divorce by three pronouncements separates the wife from husband whether the marriage has been consummated or not, the previous husband is not lawful for her until she marries a man other than her husband”. This statement is like the tradition which deals with the exchange of money. In this tradition the narrator said “Ibn ‘Abbas withdrew his opinion.”"
Reference | : Sunan Abi Dawud 2198 |
In-book reference | : Book 13, Hadith 24 |
English translation | : Book 12, Hadith 2192 |
Reference | : Sunan Abi Dawud 2199 |
In-book reference | : Book 13, Hadith 25 |
English translation | : Book 12, Hadith 2193 |
Tawus said:
Reference | : Sunan Abi Dawud 2200 |
In-book reference | : Book 13, Hadith 26 |
English translation | : Book 12, Hadith 2194 |
Chapter: Regarding Statements That Equate To Divorce, And Intentions
Reference | : Sunan Abi Dawud 2201 |
In-book reference | : Book 13, Hadith 27 |
English translation | : Book 12, Hadith 2195 |
Reference | : Sunan Abi Dawud 2202 |
In-book reference | : Book 13, Hadith 28 |
English translation | : Book 12, Hadith 2196 |
Chapter: Regarding Allowing The Wife To Choose
Reference | : Sunan Abi Dawud 2203 |
In-book reference | : Book 13, Hadith 29 |
English translation | : Book 12, Hadith 2197 |
Chapter: Regarding The Phrase: 'Your Matter Is In Your Hands'
Hammad ibn Zayd said:
Reference | : Sunan Abi Dawud 2204 |
In-book reference | : Book 13, Hadith 30 |
English translation | : Book 12, Hadith 2198 |
Reference | : Sunan Abi Dawud 2205 |
In-book reference | : Book 13, Hadith 31 |
English translation | : Book 12, Hadith 2199 |
Chapter: Regarding An Irrevocable (Al-Battah) Divorce
Nafi' bun Ujair bin Abd Yazid bin Ruknah reported Ruknah bin ‘Abd Yazid divorced his wife Suhaimah absolutely. The Prophet (ﷺ) was informed about this matter. He said to him (the Prophet) I swear by Allaah that I meant it to be only a single utterance of divorce. The Apostle of Allaah(ﷺ) said “I swear by Allaah that I meant it to be only a single divorce. The Apostle of Allaah(ﷺ) restored her to him, Then he divorced her the second time in the time of ‘Umar and the third time of ‘Uthman.
Abu Dawud said “This tradition contains the words of Ibrahim in its beginning and the words of Ibn Al Sarh in the end.
Reference | : Sunan Abi Dawud 2206 |
In-book reference | : Book 13, Hadith 32 |
English translation | : Book 12, Hadith 2200 |
Reference | : Sunan Abi Dawud 2207 |
In-book reference | : Book 13, Hadith 33 |
English translation | : Book 12, Hadith 2201 |
'Ali b. Yazid b. Rukanah reported on the authority of his father from his grandfather that he (Rukanah) divorced his wife absolutely; so he came to the Messenger of Allah (ﷺ). He asked (him):
Abu Dawud said: This tradition is sounder than that of Ibn Juraij that Rukanah divorced his wife by three pronouncements, for they are the members of his family and they are more aware for him. The tradition of Ibn Juraij has been narrated by some children of Abu Rafi' from 'Ikrimah on the authority of Ibn 'Abbas.
Reference | : Sunan Abi Dawud 2208 |
In-book reference | : Book 13, Hadith 34 |
English translation | : Book 12, Hadith 2202 |
Chapter: Regarding Whisperings Of Divorce
Reference | : Sunan Abi Dawud 2209 |
In-book reference | : Book 13, Hadith 35 |
English translation | : Book 12, Hadith 2203 |
Chapter: Regarding A Man Calling His Wife: "My Sister"
Narrated Tamimah al-Hujayni:
A man said to his wife: O my younger sister! The Messenger of Allah (ﷺ)said: Is she your sister? He (the Prophet disliked it and prohibited saying so.
Reference | : Sunan Abi Dawud 2210 |
In-book reference | : Book 13, Hadith 36 |
English translation | : Book 12, Hadith 2204 |
Abu Tamimah reported from a man of his tribe “The Prophet (ﷺ) heard a man say his wife “O my younger sister! So he prohibited him (addressing his wife in this manner)
Abu Dawud said “This tradition has also been transmitted by ‘Abd Al Aziz bin Al Mukhtar from Khalid from Abu ‘Uthman from Abu Thamimah from the Prophet (ﷺ). This has also been narrated by Shu’bah from Khalid from a man on the authority of Abu Thamimah from the Prophet (ﷺ).
Reference | : Sunan Abi Dawud 2211 |
In-book reference | : Book 13, Hadith 37 |
English translation | : Book 12, Hadith 2205 |
Abu Hurairah reported the Prophet(ﷺ) as saying Abraham(peace be upon him) never told a lie except on three occasions twice for the sake of Allaah. Allaah quoted his words (in the Qur’an) “I am indeed sick” and “Nay, this was done by - this is their biggest one”. Once he was passing through the land of a tyrant (king). He stayed there in a place. People went to the tyrant and informed him saying “A man has come down here; he has a most beautiful woman with him.” So he sent for him (Abraham) and asked about her. He said she is my sister. When he returned to her, he said “he asked me about you and I informed him that you were my sister. Today there is no believer except me and you. You are my sister in the Book of Allaah (i.e., sister in faith). So do not belie me before him. The narrator then narrated the rest of the tradition.
Abu Dawud said “A similar tradition has also been narrated by Shu’aib bin Abi Hamza from Abi Al Zinad from Al A’raj on the authority of Abu Hurairah from the Prophet (ﷺ).
Reference | : Sunan Abi Dawud 2212 |
In-book reference | : Book 13, Hadith 38 |
English translation | : Book 12, Hadith 2206 |
Chapter: Regarding Az-Zihar
Narrated Salamah ibn Sakhr al-Bayadi:
I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.
I said: Go along with me to the Messenger of Allah (ﷺ).
They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.
He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.
He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.
He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq of dates.
I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.
He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (ﷺ) prosperity and good opinion. He has commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.
Reference | : Sunan Abi Dawud 2213 |
In-book reference | : Book 13, Hadith 39 |
English translation | : Book 12, Hadith 2207 |
Narrated Khuwaylah, daughter of Malik ibn Tha'labah:
My husband, Aws ibn as-Samit, pronounced the words: You are like my mother. So I came to the Messenger of Allah (ﷺ), complaining to him about my husband.
The Messenger of Allah (ﷺ) disputed with me and said: Remain dutiful to Allah; he is your cousin.
I continued (complaining) until the Qur'anic verse came down: "Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband..." [58:1] till the prescription of expiation.
He then said: He should set free a slave. She said: He cannot afford it. He said: He should fast for two consecutive months. She said: Messenger of Allah, he is an old man; he cannot keep fasts. He said: He should feed sixty poor people. She said: He has nothing which he may give in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was brought to him.
I said: I shall help him with another date-basked ('araq). He said: You have done well. Go and feed sixty poor people on his behalf, and return to your cousin. The narrator said: An araq holds sixty sa's of dates.
Abu Dawud said: She atoned on his behalf without seeking his permission.
Abu Dawud said: This man (Aws b. al-Samit) is the brother of 'Ubadah b. al-Samit.
Reference | : Sunan Abi Dawud 2214 |
In-book reference | : Book 13, Hadith 40 |
English translation | : Book 12, Hadith 2208 |
A similar tradition has been transmitted by Ibn Ishaq with a different chain of narrators. But in this version he said ‘Araq is a date-basket holding thirty sa’s.
Abu Dawud said “This version is sounder than that of Yahya bin Adam.”
Reference | : Sunan Abi Dawud 2215 |
In-book reference | : Book 13, Hadith 41 |
English translation | : Book 12, Hadith 2209 |
Reference | : Sunan Abi Dawud 2216 |
In-book reference | : Book 13, Hadith 42 |
English translation | : Book 12, Hadith 2210 |
The tradition mentioned above has been transmitted by Sulaiman bin Yasar. This version has “Then some dates were brought to the Apostle of Allaah(ﷺ) and he gave it him. They measured about fifteen sa’s “. He said “Give them in alms”. He said “Is there anyone needier than I and my family. Apostle of Allaah(ﷺ)?” The Apostle of Allaah(ﷺ) said “Eat them, you and your family.”
Reference | : Sunan Abi Dawud 2217 |
In-book reference | : Book 13, Hadith 43 |
English translation | : Book 12, Hadith 2211 |
Abu Dawud said “I recited to Muhammad bin Wazir Al Misri and said to him Bishr bin Bakr narrated it to you and Al Auza’i narrated it to us. And he said “At’a narrated it to us on the authority of Aus brother of ‘Ubadah bin Al Samit. The Prophet (ﷺ) gave him fifteen sa’s of wheat to feed sixty poor people.
Abu Dawud said At’a did not meet Aws (bin Al Samit) who was one of the people of Badr and died in the early days of Islam. This version is therefore, mursal (i.e., a successor narrated it directly from the Prophet (ﷺ), the link of the Companions is missing). This has been narrated by Al Auza’i from At’a from Aus.
Reference | : Sunan Abi Dawud 2218 |
In-book reference | : Book 13, Hadith 44 |
English translation | : Book 12, Hadith 2211 |
Narrated Hisham b. 'Urwah:
Khawlah was the wife of Aws ibn as-Samit; he was a man immensely given to sexual intercourse. When his desire for intercourse was intensified, he made his wife like his mother's back. So Allah, the Exalted, sent down Qur'anic verses relating to expiation for zihar.
Reference | : Sunan Abi Dawud 2219 |
In-book reference | : Book 13, Hadith 45 |
English translation | : Book 12, Hadith 2212 |
Reference | : Sunan Abi Dawud 2220 |
In-book reference | : Book 13, Hadith 46 |
English translation | : Book 12, Hadith 2213 |
Narrated Ikrimah:
A man made his wife like the back of his mother. He then had intercourse with her before he atoned for it. He came to the Prophet (ﷺ) and informed him of this matter. He asked (him): What moved you to the action you have committed? He replied: I saw the whiteness of her shins in moon light. He said: Keep away from her until you expiate for your deed.
Reference | : Sunan Abi Dawud 2221 |
In-book reference | : Book 13, Hadith 47 |
English translation | : Book 12, Hadith 2214 |
Reference | : Sunan Abi Dawud 2222 |
In-book reference | : Book 13, Hadith 48 |
English translation | : Book 12, Hadith 2215 |
Reference | : Sunan Abi Dawud 2223 |
In-book reference | : Book 13, Hadith 49 |
English translation | : Book 12, Hadith 2216 |
A tradition similar to that of Sufyan has been transmitted by ‘Ikrimah from the Prophet(ﷺ) through a different chain of narrators.
Reference | : Sunan Abi Dawud 2224 |
In-book reference | : Book 13, Hadith 50 |
English translation | : Book 12, Hadith 2217 |
Abu Dawud said “I heard Muhammad bin Isa narrating this tradition who said Mu’tamar narrated it to us. And he (Mu’tamar) said “ I heard Al Hakam bin Aban narrating this tradition. He did not mention the name of Ibn ‘Abbas.
Abu Dawud said “Al Hussain bin Huraith wrote to me saying “Al Fadl bin Musa narrated from Ibn ‘Abbas to the same effect from the Prophet(ﷺ).
Reference | : Sunan Abi Dawud 2225 |
In-book reference | : Book 13, Hadith 51 |
English translation | : Book 12, Hadith 2217 |
Chapter: Regarding Khul'
Narrated Thawban:
The Prophet (ﷺ) said: If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her.
Reference | : Sunan Abi Dawud 2226 |
In-book reference | : Book 13, Hadith 52 |
English translation | : Book 12, Hadith 2218 |
Amrah, daughter of 'Abd al-Rahman ibn Sa'd ibn Zurarah, reported on the authority of Habibah, daughter of Sahl al-Ansariyyah:
The Messenger of Allah (ﷺ) said: Who is this? She replied: I am Habibah, daughter of Sahl. He asked: What is your case? She replied: I and Thabit ibn Qays, referring to her husband, cannot live together.
When Thabit ibn Qays came, the Messenger of Allah (ﷺ) said to him: This is Habibah, daughter of Sahl, and she has mentioned (about you) what Allah wished to mention.
Habibah said: Messenger of Allah, all that he gave me is with me.
The Messenger of Allah (ﷺ) said to Thabit ibn Qays: Take it from her. So he took it from her, and she lived among her people (relatives).
Reference | : Sunan Abi Dawud 2227 |
In-book reference | : Book 13, Hadith 53 |
English translation | : Book 12, Hadith 2219 |
Narrated Aisha, Ummul Mu'minin:
Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to the Prophet (ﷺ) after morning, and complained to him against her husband. The Prophet (ﷺ) called on Thabit ibn Qays and said (to him): Take a part of her property and separate yourself from her. He asked: Is that right, Messenger of Allah? He said: Yes. He said: I have given her two gardens of mine as a dower, and they are already in her possession. The Prophet (ﷺ) said: Take them and separate yourself from her.
Reference | : Sunan Abi Dawud 2228 |
In-book reference | : Book 13, Hadith 54 |
English translation | : Book 12, Hadith 2220 |
Narrated Abdullah ibn Abbas:
The wife of Thabit ibn Qays separated herself from him for a compensation. The Prophet (ﷺ) made her waiting period a menstrual course.
Abu Dawud said: This tradition has been transmitted by 'Abd al-Razzaq from Ma'mar from 'Amr b. Muslim from 'Ikrimah from the Prophet (ﷺ) in a mursal form (i.e. missing the link of the Companion).
Reference | : Sunan Abi Dawud 2229 |
In-book reference | : Book 13, Hadith 55 |
English translation | : Book 12, Hadith 2221 |
Reference | : Sunan Abi Dawud 2230 |
In-book reference | : Book 13, Hadith 56 |
English translation | : Book 12, Hadith 2222 |
Chapter: Regarding A Slave Woman Who Was Married To Slave A Or Free Man And Then Freed
Reference | : Sunan Abi Dawud 2231 |
In-book reference | : Book 13, Hadith 57 |
English translation | : Book 12, Hadith 2223 |
Reference | : Sunan Abi Dawud 2232 |
In-book reference | : Book 13, Hadith 58 |
English translation | : Book 12, Hadith 2224 |
Reference | : Sunan Abi Dawud 2233 |
In-book reference | : Book 13, Hadith 59 |
English translation | : Book 12, Hadith 2225 |
Reference | : Sunan Abi Dawud 2234 |
In-book reference | : Book 13, Hadith 60 |
English translation | : Book 12, Hadith 2226 |
Chapter: Who So Said That He Was A Free Man
Reference | : Sunan Abi Dawud 2235 |
In-book reference | : Book 13, Hadith 61 |
English translation | : Book 12, Hadith 2227 |
Chapter: When Will She Have Such An Option ?
Narrated Aisha, Ummul Mu'minin:
Barirah was emancipated, and she was the wife of Mughith, a slave of Aal AbuAhmad. The Messenger of Allah (ﷺ) gave her choice, and said to her: If he has intercourse with you, then there is no choice for you.
Reference | : Sunan Abi Dawud 2236 |
In-book reference | : Book 13, Hadith 62 |
English translation | : Book 12, Hadith 2228 |
Chapter: If Two Slaves Are Set Free Together, Does The Wife Have The Option ?
Al-Qasim said:
Reference | : Sunan Abi Dawud 2237 |
In-book reference | : Book 13, Hadith 63 |
English translation | : Book 12, Hadith 2229 |
Chapter: If One Of The Two Who Are Married Accepts Islam
Narrated Abdullah ibn Abbas:
A man came after embracing Islam during the time of the Messenger of Allah (ﷺ). Afterwards his wife came after embracing Islam. He said: Messenger of Allah, she embraced Islam along with me; so restore her to me.
Reference | : Sunan Abi Dawud 2238 |
In-book reference | : Book 13, Hadith 64 |
English translation | : Book 12, Hadith 2230 |
Narrated Abdullah ibn Abbas:
A woman embraced Islam during the time of the Messenger of Allah (ﷺ); she then married. Her (former) husband then came to the Prophet (ﷺ) and said: Messenger of Allah, I have already embraced Islam, and she had the knowledge about my Islam. The Messenger of Allah (ﷺ) took her away from her latter husband and restored her to her former husband.
Reference | : Sunan Abi Dawud 2239 |
In-book reference | : Book 13, Hadith 65 |
English translation | : Book 12, Hadith 2231 |
Chapter: Up Till When Will She Be Returned To Her Husband If He Accepts Islam After Her ?
Narrated Abdullah ibn Abbas:
The Messenger of Allah (ﷺ) restored his daughter Zaynab to Abul'As on the basis of the previous marriage, and he did not do anything afresh.
Muhammad b. 'Amr said in his version: After six years. Al-Hasan b. 'Ali said: After two years.
Reference | : Sunan Abi Dawud 2240 |
In-book reference | : Book 13, Hadith 66 |
English translation | : Book 12, Hadith 2232 |
Chapter: Regarding A Man Who Was Married To More Than Four Women, Or To Two Sisters, And Then He Accepts Islam
Narrated Al-Harith ibn Qays al-Asadi:
I embraced Islam while I had eight wives. So I mentioned it to the Prophet (ﷺ). The Prophet (said) said: Select four of them.
Abu Dawud said: This tradition has also been narrated to us by Ahmad b. Ibrahim from Hushaim. He said: Qais b. al-Harith instead of al-Harith b. Qais. Ahmad b. Ibrahim said: This is correct, i.e. Qais b. al-Harith.
Reference | : Sunan Abi Dawud 2241 |
In-book reference | : Book 13, Hadith 67 |
English translation | : Book 12, Hadith 2233 |
Reference | : Sunan Abi Dawud 2242 |
In-book reference | : Book 13, Hadith 68 |
English translation | : Book 12, Hadith 2234 |
Al-Dahhak b. Firuz reported on the authority of his father:
Reference | : Sunan Abi Dawud 2243 |
In-book reference | : Book 13, Hadith 69 |
English translation | : Book 12, Hadith 2235 |
Chapter: If One Of The Parents Accepts Islam, Who Is The Child Given To ?
'Abd al-Hamid ibn Ja'far reported from his father on the authority of his grandfather Rafi' ibn Sinan that he (Rafi' ibn Sinan) embraced Islam and his wife refused to embrace Islam. She came to the Prophet (ﷺ) and said:
Reference | : Sunan Abi Dawud 2244 |
In-book reference | : Book 13, Hadith 70 |
English translation | : Book 12, Hadith 2236 |
Chapter: Regarding Li'an (Mutual Cursing)
Sahl bin Sa’ad Al Sa’idi said that ‘Uwaimir bin Ashqar Al Ajilani came to ‘Asim bin Adl and said to him “Asim tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act? Ask the Apostle of Allaah(ﷺ) ‘Asim, for me about it. ‘Asim then asked the Apostle of Allaah(ﷺ) about it. The Apostle of Allaah(ﷺ) disliked the question and denounced it. What ‘Asim heard from the Apostle of Allaah(ﷺ) fell heavy on him. When ‘Asim returned to his family ‘Uwaimr came to him and asked ‘Asim “What did the Apostle of Allaah(ﷺ) say to you”? Asim replied “You did not do good to me”. The Apostle of Allaah(ﷺ) disliked the question that I asked him. Thereupon ‘Uwaimir said “I swear by Allaah, I shall not leave until I ask him about it. So, ‘Uwaimir came to the Apostle of Allaah(ﷺ) while he was sitting in the midst of the people.” He said “Apostle of Allaah(ﷺ) tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act?” The Apostle of Allaah(ﷺ) said “A revelation has been sent down about you and your wife so go away and bring her. Sahl said “So we cursed one another while I was along with the people who were with the Apostle of Allaah(ﷺ). Then when they finished, ‘Umamir said “I shall have lied against her, Apostle of Allaah(ﷺ) if I keep her. He pronounced her divorce three times before the Apostle of Allaah(ﷺ)commanded him (to do so).
Ibn Shihab said “Then this became the method of invoking curses.”
Reference | : Sunan Abi Dawud 2245 |
In-book reference | : Book 13, Hadith 71 |
English translation | : Book 12, Hadith 2237 |
Reference | : Sunan Abi Dawud 2246 |
In-book reference | : Book 13, Hadith 72 |
English translation | : Book 12, Hadith 2238 |
Reference | : Sunan Abi Dawud 2247 |
In-book reference | : Book 13, Hadith 73 |
English translation | : Book 12, Hadith 2239 |
Reference | : Sunan Abi Dawud 2248 |
In-book reference | : Book 13, Hadith 74 |
English translation | : Book 12, Hadith 2240 |
Reference | : Sunan Abi Dawud 2249 |
In-book reference | : Book 13, Hadith 75 |
English translation | : Book 12, Hadith 2241 |
The tradition mentioned above has also been transmitted by Sahl bin Sa’d Al Sa’idi through a different chain of narrators. This version has “He divorced her three times before the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) implemented it and what is done before the Prophet (ﷺ) is sunnah(model behavior of the Prophet).
Sahl said “I attended this before the Messenger of Allah(ﷺ). Afterwards the sunnah about those who invoked curses on each other was established that they (the spouses) were separated from each other and they would never be united.”
Reference | : Sunan Abi Dawud 2250 |
In-book reference | : Book 13, Hadith 76 |
English translation | : Book 12, Hadith 2242 |
Sahl bin Sa’ad said “The version of Musaddad has “I witnessed the invoking of curses by the two spouses during the life time of the Apostle of Allaah(ﷺ) when I was fifteen years old. When they finished invoking curses, the Apostle of Allaah(ﷺ) separated them from each other. Here ends the version of Musaddad. Others said “He was present when the Prophet (ﷺ) separated the spouses who invoked curses on each other. The man (Sahl) said “I shall have lied against her, Apostle of Allaah(ﷺ) if I keep her.
Abu Dawud said “Some narrators did not mention the word ‘alaiha(against her).”
Abu Dawud said “No one supported Ibn ‘Uyainah that he separated the spouses who invoked curses.”
Reference | : Sunan Abi Dawud 2251 |
In-book reference | : Book 13, Hadith 77 |
English translation | : Book 12, Hadith 2243 |
Reference | : Sunan Abi Dawud 2252 |
In-book reference | : Book 13, Hadith 78 |
English translation | : Book 12, Hadith 2244 |
Reference | : Sunan Abi Dawud 2253 |
In-book reference | : Book 13, Hadith 79 |
English translation | : Book 12, Hadith 2245 |
Ibn ‘Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet (ﷺ) of having committed adultery with Sharik bin Sahma’”. The Prophet (ﷺ) said “Produce evidence or you must receive punishment on your back.” He said “Apostle of Allaah(ﷺ) when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet (ﷺ) merely said “You must produce evidence or you must receive punishment on your back.” Hilal then said “By Him Who sent you with the Truth, I am speaking Truly. May Allaah send down something which will free my back from punishment. Then the following Qur’anic verses were revealed “And those who make charges against their spouses but have no witnesses except themselves” reciting till he reached “one of those who speak the truth”. The Prophet (ﷺ) then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet (ﷺ) was saying “Allaah knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time saying that Allaah’s anger be upon her if he was one of those who spoke the truth, they said to her “this is the deciding one”. Ibn ‘Abbas said “She then hesitated and drew back so that we thought the she would withdraw(what she said) “Look and see whether she gives birth to a child with eyes looking as if they have antimony in them, wide buttocks and fat legs, if she did. Sharik bin Sahma’ will be its father. She then gave birth to a child of a similar description. The Prophet (ﷺ) thereupon said “If it were not for what has already been stated in Allaah’s book I would have dealt severely with her.”
Abu Dawud said “This tradition has been transmitted by the people of Medina alone. They narrated the tradition of Hilal on the authority of Ibn Bashshar.”
Reference | : Sunan Abi Dawud 2254 |
In-book reference | : Book 13, Hadith 80 |
English translation | : Book 12, Hadith 2246 |
Narrated Abdullah ibn Abbas:
When the Prophet (ﷺ) ordered a man and his wife to invoke curses on each other, he ordered a man to put his hand on his mouth when he came to the fifth utterance, saying that it would be the deciding one.
Reference | : Sunan Abi Dawud 2255 |
In-book reference | : Book 13, Hadith 81 |
English translation | : Book 12, Hadith 2247 |
Ibn ‘Abbas said “Hilal bin Umayyah was one of the three persons whose repentance was accepted by Allaah. One night he returned from his land and found a man along with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning.” Next day he went to the Apostle of Allaah(ﷺ) in the morning and said Apostle of Allaah(ﷺ) “I came to my wife in the night and found a man along with her. I saw with my own eyes and heard with my own ears. The Apostle of Allaah(ﷺ) disliked what he described and he took it seriously. There upon the following Qur’anic verse came down “And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them ....” When the Apostle of Allaah(ﷺ) came to himself (after the revelation ended) he said “Glad tidings to you Hilal, Allaah the exalted has made ease and a way out for you.” Hilal said “I expected that from my Lord. The Apostle of Allaah(ﷺ) said “Send for her. She then came.” The Apostle of Allaah(ﷺ) recited the verses to them and he reminded them and told them that the punishment in the next world was more severe than that in n this world. Hilal said “I swear by Allah I spoke the truth against her.” She said “He told a lie.” The Apostle of Allaah(ﷺ) said “Apply the method of invoking curses on one another. Hilal was told “Bear witness. So he bore witness before Allaah four times that he spoke the truth.” When he was about to utter the fifth time he was told “Hilal fear Allah, for the punishment in this world is easier than that in the next world and this is the deciding one, that will surely cause punishment to you.” He said “I swear by Allaah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act).” So he bore witness a fifth time invoking the curse of Allah on him if he was of those who tell a lie. Then the people said to her, Testify. So she gave testimony before Allaah that he was a liar. When she was going to testify the fifth time she was told “Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you.” She hesitated for a moment. And then said “By Allah, I will not disgrace my people.” So she testified a fifth time invoking the curse of Allah on her if he spoke the truth. Apostle of Allaah(ﷺ) separated them from each other and decided that the child will not be attributed to its father. Neither she nor her child will be accused of adultery. He who accuses her or her child will be liable to punishment. He also decided that there will be no dwelling and maintenance for her (from the husband) as they were separated without divorce and death. He then said “If she gives birth to a child with reddish hair, light buttocks, wide belly and light shins he will be the child of Hilal. If she bears a dusky child with curly hair, fat limbs, fat shins and fat buttocks he will be the child of the one who was accused of adultery. She gave birth to a child with curly hair, fat limbs, fat shins and fat buttocks. The Apostle of Allaah(ﷺ) said “Had there been no oaths, I would have dealt with her severely.”
‘Ikrimah said “Later on he became the chief of the tribe of Mudar. He was not attributed to his father.”
Reference | : Sunan Abi Dawud 2256 |
In-book reference | : Book 13, Hadith 82 |
English translation | : Book 12, Hadith 2248 |
Reference | : Sunan Abi Dawud 2257 |
In-book reference | : Book 13, Hadith 83 |
English translation | : Book 12, Hadith 2249 |
Reference | : Sunan Abi Dawud 2258 |
In-book reference | : Book 13, Hadith 84 |
English translation | : Book 12, Hadith 2250 |
Ibn ‘Umar said A man invoked curses on his wife (charging her of adultery) during the time of Apostle of Allaah(ﷺ) and disowned the child. The Apostle of Allaah(ﷺ) therefore separated them and attributed the child to the woman. Abu Dawud said “The words narrated by Malik alone are “and he attributed the child to the woman.”"
Abu Dawud said:
Yunus narrated from Al Zuhri on the authority of Sahl bin Sa’d in the tradition regarding li’an(invoking curses). He disowned her conception hence her child was attributed to her.
Reference | : Sunan Abi Dawud 2259 |
In-book reference | : Book 13, Hadith 85 |
English translation | : Book 12, Hadith 2252 |
Chapter: Doubting The Child's Paternity
Reference | : Sunan Abi Dawud 2260 |
In-book reference | : Book 13, Hadith 86 |
English translation | : Book 12, Hadith 2253 |
Reference | : Sunan Abi Dawud 2261 |
In-book reference | : Book 13, Hadith 87 |
English translation | : Book 12, Hadith 2254 |
Narrated AbuHurayrah:
A bedouin came to the Prophet (ﷺ), and said: My wife has given birth to a black son, and I disown him. He then narrated the rest of the tradition to the same effect.
Reference | : Sunan Abi Dawud 2262 |
In-book reference | : Book 13, Hadith 88 |
English translation | : Book 12, Hadith 2255 |
Chapter: Severe Reprimand Regarding Negating One's Child
Narrated AbuHurayrah:
AbuHurayrah heard the Messenger of Allah (ﷺ) say when the verse about invoking curses came down: Any woman who brings to her family one who does not belong to it has nothing to do with Allah (i.e. expects no mercy from Allah), and Allah will not bring her into His Paradise.
Allah, the Exalted, will veil Himself from any man who disowns his child when he looks at him, and disgrace him in the presence of all creatures, first and last.
Reference | : Sunan Abi Dawud 2263 |
In-book reference | : Book 13, Hadith 89 |
English translation | : Book 12, Hadith 2256 |
Chapter: Claiming An Illegitimate Son
Narrated Abdullah ibn Abbas:
The Prophet (ﷺ) said: There is no prostitution in Islam. If anyone practised prostitution in pre-Islamic times, the child will be attributed to the master (of the slave-woman). He who claims his child without a valid marriage or ownership will neither inherit nor be inherited.
Reference | : Sunan Abi Dawud 2264 |
In-book reference | : Book 13, Hadith 90 |
English translation | : Book 12, Hadith 2257 |
'Amr b. Shu'aib on his father's authority said that his grandfather reported:
If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse, he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, since he was a child of fornication whether his mother was free or a slave.
Reference | : Sunan Abi Dawud 2265 |
In-book reference | : Book 13, Hadith 91 |
English translation | : Book 12, Hadith 2258 |
Reference | : Sunan Abi Dawud 2266 |
In-book reference | : Book 13, Hadith 92 |
English translation | : Book 12, Hadith 2259 |
Chapter: Regarding Al-Qafah
Narrated Aisha, Ummul Mu'minin:
The Messenger of Allah (ﷺ) entered upon me. The version of Musaddad and Ibn as-Sarh has: one day looking pleased". The version of Uthman has: "The lines of his forehead were realised." He said: O Aisha, are you not surprised to hear that Mujazziz al-Mudlaji saw that Zayd and Usamah had a rug over them concerning their heads and letting their feet appear. He said: These feet are related.
Abu Dawud: Usamah was black and Zaid was white.
Reference | : Sunan Abi Dawud 2267 |
In-book reference | : Book 13, Hadith 93 |
English translation | : Book 12, Hadith 2260 |
The tradition mentioned above has also been transmitted by ibn Shihab through a different chain of narrators to the same effect. This version adds “She said “he entered upon me looking pleased with the lines of his face brightened.
Abu Dawud said “Ibn ‘Uyainah did not remember the words “the lines of his face”.”
Abu Dawud said “The words “the lines of his face” have been narrated by Ibn ‘Uyainah himself. He did not hear Al Zuhri say (these words). He heard some person other than Al Zuhri say these words. The words “the lines of his face” occur in the tradition narrated by Al Laith and others.
Abu Dawud said “ I heard Ahmad bin Salih say “Usamah was very black like tar and Zaid was white like cotton.”
Reference | : Sunan Abi Dawud 2268 |
In-book reference | : Book 13, Hadith 94 |
English translation | : Book 12, Hadith 2261 |
Chapter: Those Who Said That Lots Should Be Drawn If They Differ About The Child
Narrated Zayd ibn Arqam:
I was sitting with the Prophet (ﷺ). A man came from the Yemen, and said: Three men from the people of the Yemen came to Ali, quarrelling about a child, asking him to give a decision. They had had sexual intercourse with a woman during a single state of purity.
He said to two of them: Give this child to this man (the third person) with pleasure. But they (refused and) cried loudly. Again he said to two of them: Give the child to the man (the third person) willingly. But they (refused and) cried loudly. He then said: You are quarrelsome partners. I shall cast lots among you; he who receives the lot, will acquire the child, and he shall pay two-thirds of the blood-money to both his companions. He then cast lots among them, and gave the child to the one who received the lot. The Messenger of Allah (ﷺ) laughed so much that his canine or molar teeth appeared.
Reference | : Sunan Abi Dawud 2269 |
In-book reference | : Book 13, Hadith 95 |
English translation | : Book 12, Hadith 2262 |
Narrated Zayd ibn Arqam:
Three persons were brought to Ali (Allah be pleased with him) when he was in the Yemen. They and sexual intercourse with a woman during a single state of purity. He asked two of them: Do you acknowledge this child for this (man)? They replied: No. He then put this (question) to all of them. Whenever he asked two of them, they replied in the negative. He, therefore, cast a lot among them, and attributed the child to the one who received the lot. He imposed two-third of the blood-money (i.e. the price of the mother) on him. This was then mentioned to the Prophet (ﷺ) and he laughed so much that his molar teeth appeared.
Reference | : Sunan Abi Dawud 2270 |
In-book reference | : Book 13, Hadith 96 |
English translation | : Book 12, Hadith 2263 |
Reference | : Sunan Abi Dawud 2271 |
In-book reference | : Book 13, Hadith 97 |
English translation | : Book 12, Hadith 2264 |
Chapter: Regarding The Types Of Marriages That Were Practiced Before Islam
Reference | : Sunan Abi Dawud 2272 |
In-book reference | : Book 13, Hadith 98 |
English translation | : Book 12, Hadith 2265 |
Chapter: "The Child Belongs To The Bed"
Reference | : Sunan Abi Dawud 2273 |
In-book reference | : Book 13, Hadith 99 |
English translation | : Book 12, Hadith 2266 |
'Amr b. Shu'aib on his father's authority said that his grandfather reported:
Reference | : Sunan Abi Dawud 2274 |
In-book reference | : Book 13, Hadith 100 |
English translation | : Book 12, Hadith 2267 |
Rabah said:
I asked her: What is this? She replied: This belongs to Yuhannah. We then brought the case to Uthman (for a decision). I think Mahdi said these words. He inquired from both of them, and they acknowledged (the facts).
He then said to them: Do you agree that I take the decision about you, which the Messenger of Allah (ﷺ) had taken? The Messenger of Allah (ﷺ) decided that the child was to attributed to the one on whose bed it was born. And I think he said: He flogged her and flogged him, for they were slaves.
Reference | : Sunan Abi Dawud 2275 |
In-book reference | : Book 13, Hadith 101 |
English translation | : Book 12, Hadith 2268 |
Chapter: Who Has More Right To Take The Child ?
'Amr b. Shu'aib on his father's authority said that his grandfather (Abdullah ibn Amr ibn al-'As) reported:
Reference | : Sunan Abi Dawud 2276 |
In-book reference | : Book 13, Hadith 102 |
English translation | : Book 12, Hadith 2269 |
Hilal ibn Usamah quoted Abu Maimunah Salma, client of the people of Medina, as saying:
She said: AbuHurayrah, speaking to him in Persian, my husband wishes to take my son away.
AbuHurayrah said: Cast lots for him, saying it to her in a foreign language.
Then her husband came and asked: Who is disputing with me about my son?
AbuHurayrah said: O Allah, I do not say this, except that I heard a woman who came to the Messenger of Allah (ﷺ) while I was sitting with him, and she said: My husband wishes to take away my son, Messenger of Allah, and he draws water for me from the well of AbuInabah, and he has been good to me.
The Messenger of Allah (ﷺ) said: Cast lots for him. Her husband said: Who is disputing with me about my son? The Prophet (ﷺ) 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.
Reference | : Sunan Abi Dawud 2277 |
In-book reference | : Book 13, Hadith 103 |
English translation | : Book 12, Hadith 2270 |
Narrated Ali ibn AbuTalib:
Zayd ibn Harithah went out to Mecca and brought the daughter of Hamzah with him. Then Ja'far said: I shall take her; I have more right to her; she is my uncle's daughter and her maternal aunt is my wife; the maternal aunt is like mother. Ali said: I am more entitled to take her. She is my uncle's daughter. The daughter of the Messenger of Allah (ﷺ) is my wife, and she has more right to her. Zayd said: I have more right to her. I went out and journeyed to her, and brought her with me. The Prophet (ﷺ) came out.
The narrator mentioned the rest of the tradition. He (i.e. the Prophet) said: As for the girl, I decided in favour of Ja'far. She will live with her maternal aunt. The maternal aunt is like mother.
Reference | : Sunan Abi Dawud 2278 |
In-book reference | : Book 13, Hadith 104 |
English translation | : Book 12, Hadith 2271 |
Reference | : Sunan Abi Dawud 2279 |
In-book reference | : Book 13, Hadith 105 |
English translation | : Book 12, Hadith 2272 |
Narrated Ali ibn AbuTalib:
When we came out from Mecca, Hamzah's daughter pursued us crying: My uncle. Ali lifted her and took her by the hand. (Addressing Fatimah he said:) Take your uncle's daughter. She then lifted her. The narrator then transmitted the rest of the tradition. Ja'far said: She is my uncle's daughter. Her maternal aunt is my wife. The Prophet (ﷺ) decided in favour of her maternal aunt, and said: The maternal aunt is like mother.
Reference | : Sunan Abi Dawud 2280 |
In-book reference | : Book 13, Hadith 106 |
English translation | : Book 12, Hadith 2273 |
Chapter: Regarding The Waiting Period Of A Divorced Woman
Amr ibn Muhajir reported on the authority of his father:
Reference | : Sunan Abi Dawud 2281 |
In-book reference | : Book 13, Hadith 107 |
English translation | : Book 12, Hadith 2274 |
Chapter: The Abrogation Of The Waiting Period For One Type Of Divorce
Narrated Abdullah ibn Abbas:
Women who are divorced shall wait, keeping themselves apart, three monthly courses; and then said: And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months. This was abrogated from the former verse. Again he said: (O ye who believe, if ye wed believing women) and divorce them before ye have touched them, then there is no period that ye should reckon."
Reference | : Sunan Abi Dawud 2282 |
In-book reference | : Book 13, Hadith 108 |
English translation | : Book 12, Hadith 2275 |
Chapter: Regarding Taking Divorced Women Back
Narrated Umar ibn al-Khattab:
The Prophet (ﷺ) divorced Hafsah, but he took her back in marriage.
Reference | : Sunan Abi Dawud 2283 |
In-book reference | : Book 13, Hadith 109 |
English translation | : Book 12, Hadith 2276 |
Chapter: Regarding The Maintenance Of One Who Has Been Irrevocably Divorced
Reference | : Sunan Abi Dawud 2284 |
In-book reference | : Book 13, Hadith 110 |
English translation | : Book 12, Hadith 2277 |
Reference | : Sunan Abi Dawud 2285 |
In-book reference | : Book 13, Hadith 111 |
English translation | : Book 12, Hadith 2278 |
Reference | : Sunan Abi Dawud 2286 |
In-book reference | : Book 13, Hadith 112 |
English translation | : Book 12, Hadith 2279 |
Fatimah daughter of Qais said “I was married to a man of Banu Makhzum. He divorced me absolutely. The narrator then transmitted the rest of the tradition like that of Malik. This version has “Do not marry yourself without my permission.”
Abu Dawud said Al Sha’bi, Al Bahiyy and ata from abd Al Rahman bin asim and Abu Bakr bin Abi Al Jahm all narrated on the authority of Fatimah daughter of Qais that her husband had divorced her three times.
Reference | : Sunan Abi Dawud 2287 |
In-book reference | : Book 13, Hadith 113 |
English translation | : Book 12, Hadith 2280 |
Reference | : Sunan Abi Dawud 2288 |
In-book reference | : Book 13, Hadith 114 |
English translation | : Book 12, Hadith 2281 |
Abu Salamah reported on the authority of Fatimah daughter of Qays who said to him that she was the wife of AbuHafs ibn al-Mughirah who divorced her by three pronouncements. She said that she came to the Messenger of Allah (ﷺ) and sought his opinion about her going out from her house. He commanded her to shift to (the house of )Ibn Umm Maktum who was blind. Marwan denied to confirm the tradition of Fatimah about the going out of a divorced woman from her house. Urwah said:
Abu Dawud said: Salih b. Kaisan, Ibn Juraij, and Shu'aib b. Abi Hamzah -- all of them narrated on the authority of al-Zuhru in a similar way.
Abu Dawud said: Shu'aibn b. Abi Hamzah the name of Abu Hamzah is Dinar. He is a client of Ziyad.Reference | : Sunan Abi Dawud 2289 |
In-book reference | : Book 13, Hadith 115 |
English translation | : Book 12, Hadith 2282 |
‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (ﷺ) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(ﷺ) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(ﷺ)? The Apostle of Allaah(ﷺ) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (ﷺ) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”
Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”
Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”
Reference | : Sunan Abi Dawud 2290 |
In-book reference | : Book 13, Hadith 116 |
English translation | : Book 12, Hadith 2283 |
Chapter: Whoever Rejected What Fatimah Bint Qais Said
Reference | : Sunan Abi Dawud 2291 |
In-book reference | : Book 13, Hadith 117 |
English translation | : Book 12, Hadith 2284 |
Urwah said:
Reference | : Sunan Abi Dawud 2292 |
In-book reference | : Book 13, Hadith 118 |
English translation | : Book 12, Hadith 2285 |
Urwah ibn az-Zubayr said:
Reference | : Sunan Abi Dawud 2293 |
In-book reference | : Book 13, Hadith 119 |
English translation | : Book 12, Hadith 2286 |
Reference | : Sunan Abi Dawud 2294 |
In-book reference | : Book 13, Hadith 120 |
English translation | : Book 12, Hadith 2287 |
Al-Qasim ibn Muhammad and Sulayman ibn Yasar reported:
Reference | : Sunan Abi Dawud 2295 |
In-book reference | : Book 13, Hadith 121 |
English translation | : Book 12, Hadith 2288 |
Reference | : Sunan Abi Dawud 2296 |
In-book reference | : Book 13, Hadith 122 |
English translation | : Book 12, Hadith 2289 |
Chapter: An Irrevocably Divorced Woman Leaving Her House During The Day
Reference | : Sunan Abi Dawud 2297 |
In-book reference | : Book 13, Hadith 123 |
English translation | : Book 12, Hadith 2290 |
Chapter: The Abrogation Of Maintenance For A Widowed Woman Because Of The Inheritance Due To Her
Reference | : Sunan Abi Dawud 2298 |
In-book reference | : Book 13, Hadith 124 |
English translation | : Book 12, Hadith 2291 |
Chapter: The Rulings Of Mourning For Woman Whose Husband Has Died
Humaid ibn Nafi' reported the following three traditions on the authority of Zaynab, daughter of Abu Salamah:
Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.
She said: I have no need of perfume, but I heard the Messenger of Allah (ﷺ) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.
Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.
She then said: I have no need of perfume, but I heard the Messenger of Allah (ﷺ) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.
Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (ﷺ) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?
The Messenger of Allah (ﷺ) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (ﷺ) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.
Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.
Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.
Abu Dawud said: The Arabic word "hafsh" means a small cell.
Reference | : Sunan Abi Dawud 2299 |
In-book reference | : Book 13, Hadith 125 |
English translation | : Book 12, Hadith 2292 |
Chapter: Regarding Such A Woman Moving To Another Residence
Zaynab, daughter of Ka'b ibn Ujrah narrated that Furay'ah daughter of Malik ibn Sinan, told her that she came to the Messenger of Allah (ﷺ) and asked him whether she could return to her people, Banu Khidrah, for her husband went out seeking his slaves who ran away. When they met him at al-Qudum, they murdered him.
So I asked the Messenger of Allah (ﷺ):
She said: The Messenger of Allah (ﷺ) replied: Yes. She said: I came out, and when I was in the apartment or in the mosque, he called for me, or he commanded (someone to call me) and, therefore, I was called.
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 till the term lapses. She said:
So I passed my waiting period in it (her house) for four months and ten days. When Uthman ibn Affan became caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly.
Reference | : Sunan Abi Dawud 2300 |
In-book reference | : Book 13, Hadith 126 |
English translation | : Book 12, Hadith 2293 |
Chapter: Those Who Allowed Her To Change Her Residence
Reference | : Sunan Abi Dawud 2301 |
In-book reference | : Book 13, Hadith 127 |
English translation | : Book 12, Hadith 2294 |
Chapter: What Should A Woman Whose Husband Dies Avoid During Her Waiting Period ?
‘Umm Athiyah reported the Prophet(ﷺ) as saying “A woman must not observe mourning for more than three (days) except for four months and ten days in the case of a husband and she must not wear a dyed garment except one of the types made of dyed yarn or apply collyrium or touch perfume except for a little costus or azfar when she has been purified after her menstrual courses.
The narrator Ya’qub mentioned the words “except washed clothes” instead of the words “one of the types made of dyed yarn”. Ya’qub also added “She must not apply Henna”
Reference | : Sunan Abi Dawud 2302 |
In-book reference | : Book 13, Hadith 128 |
English translation | : Book 12, Hadith 2295 |
Reference | : Sunan Abi Dawud 2303 |
In-book reference | : Book 13, Hadith 129 |
English translation | : Book 12, Hadith 2296 |
Narrated Umm Salamah, Ummul Mu'minin:
The Prophet (ﷺ) said: A woman whose husband has died must not wear clothes dyed with safflower (usfur) or with red ochre (mishq) and ornaments. She must not apply henna and collyrium.
Reference | : Sunan Abi Dawud 2304 |
In-book reference | : Book 13, Hadith 130 |
English translation | : Book 12, Hadith 2297 |
Umm Hakim, daughter of Usayd, reported on the authority of her mother that her husband died and she was suffering from sore eyes. She therefore applied collyrium (jala'). Ahmad said:
She said: Do not apply it except in the case of dire need which is troubling you. In that case you can use it at night, but you should remove it in the daytime. Then Umm Salamah said: The Messenger of Allah (ﷺ) came to visit me when AbuSalamah died, and I had put the juice of aloes in my eye.
He asked : What is this, Umm Salamah? I replied: It is only the juice of aloes and contains no perfume. He said: It gives the face a glow, so apply it only at night and remove it in daytime, and do not comb yourself with scent or henna, for it is a dye. I asked: What should I use when I comb myself, Messenger of Allah? He said: Use lote-tree leaves and smear your head copiously with them.
Reference | : Sunan Abi Dawud 2305 |
In-book reference | : Book 13, Hadith 131 |
English translation | : Book 12, Hadith 2298 |
Chapter: The Waiting Period Of A Pregnant Woman
Reference | : Sunan Abi Dawud 2306 |
In-book reference | : Book 13, Hadith 132 |
English translation | : Book 12, Hadith 2299 |
Narrated Abdullah ibn Mas'ud:
I can invoke the curse of Allah on anyone who wishes: The smaller surat an-Nisa (i.e. Surat at-Talaq) was revealed after the verse regarding the waiting period of four months and ten days had been revealed.
Reference | : Sunan Abi Dawud 2307 |
In-book reference | : Book 13, Hadith 133 |
English translation | : Book 12, Hadith 2300 |
Chapter: The Waiting Period For An Umm Al-Walad
Narrated Amr ibn al-'As:
Do not confuse us about his Sunnah. Ibn al-Muthanna said: The Sunnah of our Prophet (ﷺ) is that the waiting period of a slave-mother whose husband has died is four months and ten days.
Reference | : Sunan Abi Dawud 2308 |
In-book reference | : Book 13, Hadith 134 |
English translation | : Book 12, Hadith 2301 |
Chapter: The Thrice Divorced Woman Cannot Return To Her Husband Until She Re-Marries
Narrated Aisha, Ummul Mu'minin:
The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey.
Reference | : Sunan Abi Dawud 2309 |
In-book reference | : Book 13, Hadith 135 |
English translation | : Book 12, Hadith 2302 |
Chapter: The Gravity Of Fornication
Reference | : Sunan Abi Dawud 2310 |
In-book reference | : Book 13, Hadith 136 |
English translation | : Book 12, Hadith 2303 |
Narrated Jabir ibn Abdullah:
Musaykah, a slave-girl of some Ansari, came and said: My master forces me to commit fornication. Thereupon the following verse was revealed: "But force not your maids to prostitution (when they desire chastity)."
Reference | : Sunan Abi Dawud 2311 |
In-book reference | : Book 13, Hadith 137 |
English translation | : Book 12, Hadith 2304 |
Reference | : Sunan Abi Dawud 2312 |
In-book reference | : Book 13, Hadith 138 |
English translation | : Book 12, Hadith 2305 |