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Divorce

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\nNarrated Sahl bin Sa`d As-Sa`idi:\n \n\n'Uwaimir Al-Ajlani came to `Asim bin Ad Al-Ansari and said to him, "O `Asim! Suppose a man saw \nanother man with his wife, would he kill him whereupon you would kill him; or what should he do? \nPlease, O `Asim, ask about this on my behalf." `Asim asked Allah's Messenger (ﷺ) about it. Allah's Messenger (ﷺ), \ndisliked that question and considered it disgraceful. What `Asim heard from Allah's Messenger (ﷺ) was hard \non him. When `Asim returned to his family, 'Uwaimir came to him and said, "O `Asim! What did \nAllah's Messenger (ﷺ). say to you?" `Asim said to 'Uwaimir, "You never bring me any good. Allah's Messenger (ﷺ) \ndisliked the problem which I asked him about." 'Uwaimir said, "By Allah, I will not give up this \nmatter until I ask the Prophet (ﷺ) about it." So 'Uwaimir proceeded till he came to Allah's Messenger (ﷺ) in the \nmidst of people, and said, "O Allah's Messenger (ﷺ)! If a man sees another man with his wife, would he kill \nhim, whereupon you would kill him, or what should he do?" Allah's Messenger (ﷺ) said, "Allah has revealed \nsome decree as regards you and your wives case. Go and bring her." So they carried out the process of \nLian while I was present among the people with Allah's Messenger (ﷺ). When they had finished their Lian, \n'Uwaimir said, "O Allah's Messenger (ﷺ)! If I should now keep her with me as a wife, then I have told a lie." \nSo he divorced her thrice before Allah's Messenger (ﷺ) ordered him. (Ibn Shihab said: So divorce was the \ntradition for all those who were involved in a case of Lian.)\n
\nNarrated Sahl bin Sa`d As-Sa`idi:\n \n\nUwaimir Al-`Ajlani came to `Asim bin Adi Al-Ansari and asked, "O `Asim! Tell me, if a man sees his \nwife with another man, should he kill him, whereupon you would kill him in Qisas, or what should he \ndo? O `Asim! Please ask Allah's Messenger (ﷺ) about that." `Asim asked Allah's Messenger (ﷺ) about that. Allah's \nApostle disliked that question and considered it disgraceful. What `Asim heard from Allah's Messenger (ﷺ) \nwas hard on him. When he returned to his family, 'Uwaimir came to him and said "O `Asim! What did \nAllah's Messenger (ﷺ) say to you?" `Asim said, "You never bring me any good. Allah's Messenger (ﷺ) disliked to \nhear the problem which I asked him about." 'Uwaimir said, "By Allah, I will not leave the matter till I \nask him about it." So 'Uwaimir proceeded till he came to Allah's Messenger (ﷺ) who was in the midst of the \npeople and said, "O Allah's Messenger (ﷺ)! If a man finds with his wife another man, should he kill him, \nwhereupon you would kill him (in Qisas): or otherwise, what should he do?" Allah's Messenger (ﷺ) said, \n"Allah has revealed something concerning the question of you and your wife. Go and bring her here." \nSo they both carried out the judgment of Lian, while I was present among the people (as a witness). \nWhen both of them had finished, 'Uwaimir said, "O Allah's Messenger (ﷺ)! If I should now keep my wife \nwith me, then I have told a lie". Then he pronounced his decision to divorce her thrice before Allah's \nApostle ordered him to do so. (Ibn Shihab said, "That was the tradition for all those who are involved \nin a case of Lian."\n
\nNarrated `Aisha:\n \n\nAllah's Messenger (ﷺ) was fond of honey and sweet edible things and (it was his habit) that after finishing \nthe `Asr prayer he would visit his wives and stay with one of them at that time. Once he went to \nHafsa, the daughter of `Umar and stayed with her more than usual. I got jealous and asked the reason \nfor that. I was told that a lady of her folk had given her a skin filled with honey as a present, and that \nshe made a syrup from it and gave it to the Prophet (ﷺ) to drink (and that was the reason for the delay). I \nsaid, "By Allah we will play a trick on him (to prevent him from doing so)." So I said to Sa`da bint \nZam`a "The Prophet (ﷺ) will approach you, and when he comes near you, say: 'Have you taken Maghafir \n(a bad-smelling gum)?' He will say, 'No.' Then say to him: 'Then what is this bad smell which i smell \nfrom you?' He will say to you, 'Hafsa made me drink honey syrup.' Then say: Perhaps the bees of that \nhoney had sucked the juice of the tree of Al-`Urfut.' I shall also say the same. O you, Safiyya, say the \nsame." Later Sa`da said, "By Allah, as soon as he (the Prophet (ﷺ) ) stood at the door, I was about to say \nto him what you had ordered me to say because I was afraid of you." So when the Prophet (ﷺ) came near \nSa`da, she said to him, "O Allah's Messenger (ﷺ)! Have you taken Maghafir?" He said, "No." She said. \n"Then what is this bad smell which I detect on you?" He said, "Hafsa made me drink honey syrup." \nShe said, "Perhaps its bees had sucked the juice of Al-`Urfut tree." When he came to me, I also said \nthe same, and when he went to Safiyya, she also said the same. And when the Prophet (ﷺ) again went to \nHafsa, she said, 'O Allah's Messenger (ﷺ)! Shall I give you more of that drink?" He said, "I am not in need of \nit." Sa`da said, "By Allah, we deprived him (of it)." I said to her, "Keep quiet." '\n
\nNarrated Ibn Juraij:\n \n\nIbn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin \nSa`d, the brother of Bani Sa`idi He said, "An Ansari man came to Allah's Messenger (ﷺ) and said, 'O Allah's \nApostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah \nrevealed concerning his affair what is mentioned in the Holy Qur'an about the affair of those involved \nin a case of Lian. The Prophet (ﷺ) said, 'Allah has given His verdict regarding you and your wife.' So they \ncarried out Lian in the mosque while I was present there. When they had finished, the man said, "O \nAllah's Messenger (ﷺ)! If I should now keep her with me as a wife then I have told a lie about her. Then he \ndivorced her thrice before Allah's Messenger (ﷺ) ordered him, when they had finished the Lian process. So \nhe divorced her in front of the Prophet (ﷺ) ." Ibn Shihab added, "After their case, it became a tradition that \na couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and \nlater on her son was called by his mother's name. The tradition concerning their inheritance was that \nshe would be his heir and he would inherit of her property the share Allah had prescribed for him." \nIbn Shihab said that Sahl bin Sa`d As'Saidi said that the Prophet (ﷺ) said (in the above narration), "If that \nlady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, \nbut if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then \nshe delivered it in the shape one would dislike (as it proved her guilty).\n
\nNarrated Mujahid:\n \n\n(regarding the Verse): 'If any of you dies and leaves wives behind,' That was the period of the 'Iddah \nwhich the widow was obliged to spend in the house of the late husband. Then Allah revealed: And \nthose of you who die and leave wives should bequeath for their wives a year's maintenance and \nresidence without turning them out, but if they leave, there is no blame on you for what they do of \nthemselves, provided it is honorable (i.e. lawful marriage) (2.240) Mujahid said: Allah has ordered \nthat a widow has the right to stay for seven months and twenty days with her husband's relatives \nthrough her husband's will and testament so that she will complete the period of one year (of 'Iddah). \nBut the widow has the right to stay that extra period or go out of her husband's house as is indicated \nby the statement of Allah: 'But if they leave there is no blame on you,... ' (2.240) Ibn `Abbas said: The \nabove Verse has cancelled the order of spending the period of the 'Iddah at her late husband's house, \nand so she could spend her period of the 'Iddah wherever she likes. And Allah says: 'Without turning \nthem out.' 'Ata said: If she would, she could spend her period of the 'Iddah at her husband's house, and \nlive there according to her (husband's) will and testament, and if she would, she could go out (of her \nhusband's house) as Allah says: 'There is no blame on you for what they do of themselves.' (2.240) \n'Ata added: Then the Verses of inheritance were revealed and the order of residence (for the widow) \nwas cancelled, and she could spend her period of the 'Iddah wherever she would like, and she was no \nlonger entitled to be accommodated by her husband's family.\n

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Divorce
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كتاب الطلاق