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سنن ابي داود
Abu Dawud
كتاب تفريع أبواب الطلاقDivorce (Kitab Al-Talaq)
باب فِي الْخُلْعِChapter: Regarding Khul’.
Hadith 2227
اُردوEn
حَدَّثَنَا الْقَعْنَبِيُّ ، عَنْ مَالِكٍ ، عَنْ يَحْيَى بْنِ سَعِيدٍ ، عَنْ عَمْرَةَ بِنْتِ عَبْدِ الرَّحْمَنِ بْنِ سَعْدِ بْنِ زُرَارَةَ ، أَنَّهَا أَخْبَرَتْهُ ، عَنْ حَبِيبَةَ بِنْتِ سَهْلٍ الْأَنْصَارِيَّةِ ، أَنَّهَا كَانَتْ تَحْتَ ثَابِتِ بْنِ قَيْسِ بْنِ شَمَّاسٍ ، وَأَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ خَرَجَ إِلَى الصُّبْحِ فَوَجَدَ حَبِيبَةَ بِنْتَ سَهْلٍ عِنْدَ بَابِهِ فِي الْغَلَسِ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَنْ هَذِهِ ؟ " فَقَالَتْ : أَنَا حَبِيبَةُ بِنْتُ سَهْلٍ ، قَالَ : " مَا شَأْنُكِ ؟ " قَالَتْ : لَا أَنَا وَلَا ثَابِتُ بْنُ قَيْسٍ لِزَوْجِهَا ، فَلَمَّا جَاءَ ثَابِتُ بْنُ قَيْسٍ ، قَالَ لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " هَذِهِ حَبِيبَةُ بِنْتُ سَهْلٍ ، وَذَكَرَتْ مَا شَاءَ اللَّهُ أَنْ تَذْكُرَ " ، وَقَالَتْ حَبِيبَةُ : يَا رَسُولَ اللَّهِ ، كُلُّ مَا أَعْطَانِي عِنْدِي ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لِثَابِتِ بْنِ قَيْسٍ : " خُذْ مِنْهَا " ، فَأَخَذَ مِنْهَا ، وَجَلَسَتْ هِيَ فِي أَهْلِهَا .
Amrah, daughter of Abdur-Rahman ibn Saad ibn Zurarah, reported on the authority of Habibah, daughter of Sahl al-Ansariyyah: She (Habibah) was the wife of Thabit ibn Qays ibn Shimmas. The Messenger of Allah ﷺ came out one morning and found Habibah by his door. 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).
Related hadith on this topic
Brief Explanation
1؎: This was the first khul‘ (dissolution of marriage at the wife’s request) in Islam. Through khul‘, the marriage is annulled. The waiting period (‘iddah) for khul‘ is one menstrual cycle (hayd). According to some scholars, one divorce (talaq) takes effect through khul‘; therefore, in their view, its waiting period is like that of divorce, i.e., three menstrual cycles. The first opinion is the preferred one.
Explanation & Benefits
Hafiz Muhammad Ameen
(1) A woman’s seeking divorce from her husband is called khul‘. In such a case, if the husband wishes, he may demand the return of the dower (mahr) or other gifts he had given to his wife; however, he cannot take anything more than this from the woman’s personal property. After reconciliation, the husband will pronounce divorce, after which reconciliation (ruju‘) will not be possible; however, if both wish, they may remarry after the waiting period (‘iddah).
(2) Although the outward form of khul‘ resembles divorce (talaq) in that the husband pronounces divorce at the wife’s request, in reality, khul‘ is an annulment (fasakh) of the marriage. Therefore, its waiting period (‘iddah) is not three menstrual cycles, but one menstrual cycle. The purpose of this is istibra’ al-rahim, i.e., to ascertain whether the woman is pregnant or not. If menstruation occurs, it means she is not pregnant, and thus she may remarry. If menstruation does not occur, it means she is pregnant. In this case, she cannot remarry until the child is born. See: (Hadith: 3527, 3528). According to the Hanafis, khul‘ is considered a divorce (talaq), so its waiting period is three menstrual cycles, but this position is not correct.
(2) Although the outward form of khul‘ resembles divorce (talaq) in that the husband pronounces divorce at the wife’s request, in reality, khul‘ is an annulment (fasakh) of the marriage. Therefore, its waiting period (‘iddah) is not three menstrual cycles, but one menstrual cycle. The purpose of this is istibra’ al-rahim, i.e., to ascertain whether the woman is pregnant or not. If menstruation occurs, it means she is not pregnant, and thus she may remarry. If menstruation does not occur, it means she is pregnant. In this case, she cannot remarry until the child is born. See: (Hadith: 3527, 3528). According to the Hanafis, khul‘ is considered a divorce (talaq), so its waiting period is three menstrual cycles, but this position is not correct.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3492
