Fath al-Rabbani

Ja'far bin Burqan says: I asked Imam Zuhri (may Allah have mercy on him) about a man who gives his wife the choice to stay with him or not, and she chooses her husband—what is your opinion about this? Zuhri said: 'Urwah bin Zubair narrated to me that he narrated from Sayyidah Aisha (may Allah be pleased with her), she says: The Noble Prophet (peace and blessings be upon him) came to me and said: I am presenting a matter to you, do not be hasty in replying, rather consult your parents. I asked: What is the matter? Then the Prophet (peace and blessings be upon him) recited these verses to me: {یٰٓاَیُّہَا النَّبِیُّ قُلْ لِّاَزْوَاجِکَ اِنْ کُنْتُنَّ تُرِدْنَ الْحَیٰوۃَ الدُّنْیَا وَزِیْنَتَہَا فَتَعَالَیْنَ اُمَتِّعْکُنَّ وَاُسَرِّحْکُنَّ سَرَاحًا جَمِیْلًا۔ وَاِنْ کُنْتُنَّ تُرِدْنَ اللّٰہَ وَرَسُوْلَہ وَالدَّارَ الْاٰخِرَۃَ فَاِنَّ اللّٰہَ اَعَدَّ لِلْمُحْسِنٰتِ مِنْکُنَّ اَجْرًا عَظِیْمًا۔} … O Prophet! Say to your wives: If you desire the life of this world and its adornment, then come, I will provide for you and release you in a gracious manner. But if you desire Allah and His Messenger and the home of the Hereafter, then indeed Allah has prepared a great reward for those of you who do good. Sayyidah Aisha (may Allah be pleased with her) says: I said: What is there in this that I should consult my parents? I prefer Allah, His Messenger, and the home of the Hereafter. At this, the Prophet (peace and blessings be upon him) was very pleased and liked this very much, and he said: Aisha! The matter I have presented to you, I will present the same to your co-wives. Sayyidah Aisha (may Allah be pleased with her) said: But do not tell my co-wives about what I have chosen. But the Prophet (peace and blessings be upon him) did not do so; then he presented the same matter to the other wives, and he also told them what Aisha had chosen—that Aisha had chosen Allah, His Messenger, and the Hereafter. So they also gave the same answer as Sayyidah Aisha (may Allah be pleased with her). Sayyidah Aisha (may Allah be pleased with her) says: The Prophet (peace and blessings be upon him) gave us the choice to stay with him or not, and we chose him, but this was not counted as a divorce.

It is narrated from Sayyiduna Ali (may Allah be pleased with him) that the Noble Prophet (peace and blessings be upon him and his family) gave his wives the choice to select either this world or the Hereafter, but he did not give them the right to divorce.

It is narrated from Sayyiduna Abu Asid Sa’idi (may Allah be pleased with him) that when a woman from the tribe of Jun was presented to the Noble Prophet (peace and blessings be upon him), he went to her and said: "Offer yourself to me (in marriage)." She replied: "Can a queen offer herself to an ordinary man?" Then she said: "I seek refuge with Allah from you." The Prophet (peace and blessings be upon him) said: "Indeed, you have sought refuge with the One from whom refuge is sought." Then the Prophet (peace and blessings be upon him) came to us and said: "Abu Asid! Dress this woman in two white linen garments and take her to her family."

Sayyiduna Ka'b bin Malik (may Allah be pleased with him) narrates his incident when he stayed behind from accompanying the Noble Prophet (peace and blessings be upon him) in the Battle of Tabuk. Before his repentance was accepted, the Noble Prophet (peace and blessings be upon him) and the Companions had boycotted him and his two companions. When forty days had passed in this state of being boycotted, the messenger of the Noble Prophet (peace and blessings be upon him) came to me with this message: that the Noble Prophet (peace and blessings be upon him) commands you to separate from your wife as well. I asked: Should I divorce her or what should I do? He said: Just separate from her and do not go near her. The same message was sent to my other two companions. So I said to my wife: Go to your family and stay with them until Allah decides concerning this matter. Al-kh.

It is narrated from Sayyiduna Umar (may Allah be pleased with him), he used to say that when a husband makes his wife unlawful for himself, this is an oath, for which he will give expiation. And Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) also used to say that making the wife unlawful for oneself is an oath, for which he will give expiation. Furthermore, Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) recited this verse: {لَقَدْ کَانَ لَکُمْ فِیْ رَسُوْلِ اللّٰہِ اُسْوَۃٌ حَسَنَۃٌ} … In the life of the Messenger of Allah (peace and blessings be upon him), there is the best example for you.