Muhammad ibn Ubayd ibn Abu Salih who lived in Ayliya said: I went out with Adi ibn Adi al-Kindi till we came to Makkah. He sent me to Safiyyah daughter of Shaybah who remembered a tradition (that she had heard) from Aishah. She said: I heard Aishah say: I heard the Messenger of Allah صلی اللہ علیہ وسلم say: There is no divorce or emancipation in case of constraint or duress (ghalaq). Abu Dawud said: I think ghalaq means anger.
Read More..Narrated Abu Hurairah: The Prophet صلی اللہ علیہ وسلم 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)
Read More..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 This was then repealed (by a Quranic verse). Divorce is only permissible twice.
Read More..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 صلی اللہ علیہ وسلم 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 صلی اللہ علیہ وسلم 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 صلی اللہ علیہ وسلم 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 bin 'Ujair and Abdullah bin Yazid bin Rukanah from his father on the authority of his grandfather reads: Rukanah divorced his wife absolutely (i. e. irrevocable divorce). The Prophet صلی اللہ علیہ وسلم 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 صلی اللہ علیہ وسلم made it a single divorce.
Read More..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 Saeed bin Jubair on the authority of Ibn Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Saeed bin Jubair on the authority of Ibn Abbas. Ibn Juraij narrated it from Abd Al Hamid bin Rafi from Ata from Ibn Abbas. Al Amash 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 Ismail 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). Ismail 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. ”
Read More..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 Mamar 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 Saeed from Bukair bin Al Ashajj from Muawiyah 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 Aishah (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. ”
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