Hadith 5254

حَدَّثَنَا الْحُمَيْدِيُّ ، حَدَّثَنَا الْوَلِيدُ ، حَدَّثَنَا الْأَوْزَاعِيُّ ، قَالَ : سَأَلْتُ الزُّهْرِيَّ : أَيُّ أَزْوَاجِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ اسْتَعَاذَتْ مِنْهُ ؟ قَالَ :أَخْبَرَنِي عُرْوَةُ ، عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا ، " أَنَّ ابْنَةَ الْجَوْنِ لَمَّا أُدْخِلَتْ عَلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَدَنَا مِنْهَا ، قَالَتْ : أَعُوذُ بِاللَّهِ مِنْكَ ، فَقَالَ لَهَا : لَقَدْ عُذْتِ بِعَظِيمٍ الْحَقِي بِأَهْلِكِ " . قَالَ أَبُو عَبْد اللَّهِ ، رَوَاهُ حَجَّاجُ بْنُ أَبِي مَنِيعٍ ، عَنْ جَدِّهِ ، عَنْ الزُّهْرِيِّ ، أَنَّ عُرْوَةَ أَخْبَرَهُ ، أَنَّ عَائِشَةَ قَالَتْ .
Narrated Al-Awza: I asked Az-Zuhri, "Which of the wives of the Prophet sought refuge with Allah from him?" He said "I was told by 'Urwa that `Aisha said, 'When the daughter of Al-Jaun was brought to Allah's Apostle (as his bride) and he went near her, she said, "I seek refuge with Allah from you." He said, "You have sought refuge with The Great; return to your family."
Hadith Reference صحيح البخاري / كتاب الطلاق / 5254
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
The Prophet (sallallahu alayhi wa sallam) said to this woman, "Go to your family," which is an allusive expression (kinayah) for divorce.
In such allusive words, if there is the intention of divorce, then divorce takes effect.
It is said that for the rest of her life, this woman kept picking up dung and kept saying, "I am unfortunate."
In one narration, it is stated that this woman was very beautiful. When some women saw her, they deceived her by saying that when the Prophet (sallallahu alayhi wa sallam) comes to you, say (A‘udhu billahi minka — I seek refuge in Allah from you).
They said that the Prophet (sallallahu alayhi wa sallam) likes it when this is said.
That simple-minded woman fell for this trick.
When the Prophet (sallallahu alayhi wa sallam) wished to have relations with her, she uttered exactly that.
The Prophet (sallallahu alayhi wa sallam) then divorced her.
Imam Bukhari rahimahullah derived from this that there is no objection to divorcing a woman face-to-face.
I (Waheed al-Zaman) say that this is a specific incident.
Firstly, this woman had no right of conjugal relations over the Prophet (sallallahu alayhi wa sallam).
Secondly, she herself acted mischievously; after all, what sense does it make that a wife, for whom the husband is the dearest, seeks refuge in Allah from him?
Therefore, the Prophet (sallallahu alayhi wa sallam) divorced her face-to-face.
There was nothing contrary to courtesy in this.
Some people have also said that the woman remained regretful all her life and kept saying, "I am very unfortunate."
It is also narrated that before her death, she became mentally disturbed.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5254
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Both parts of the chapter heading are established from this hadith because the Messenger of Allah (sallallahu alayhi wa sallam) said to this wife:
"You go to your family (maika)."
By this, what was meant was divorce (talaq).
It is thus understood that it is permissible to give divorce after marriage.
There is no legal objection to this in the Shari‘ah.

(2)
Similarly, he addressed her directly, which establishes the second part of the chapter heading.
However, it is better that when giving divorce, one should not say it to the wife face to face.
This is easier and is also a way of showing gentleness to the wife.
Yes, if there is a need, divorce can also be given in the presence of the wife.
In any case, there is no restriction in this matter.
Giving divorce is the husband's own prerogative; he may exercise his right as he wishes.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5254
Hafiz Muhammad Ameen
Urdu Footnote:
➊ "Kalabi wife": Her name was Fatimah bint Dahhak. Her honorable father had married her to the Messenger of Allah (sallallahu alayhi wa sallam). There is a difference of opinion as to why she uttered these words ("I seek refuge with Allah from you"). In some narrations, it is mentioned that someone deceived her by saying that if you say these words to the Messenger of Allah (sallallahu alayhi wa sallam) at your first meeting, he will be very pleased. She fell for this deception, because these words are actually used to request a divorce. Or it is possible that she was not pleased with the marriage arranged by her father, and thus she said these words. In any case, the Prophet (sallallahu alayhi wa sallam) divorced her.

➋ Since divorce (talaq) is an extremely detestable thing, it is better that a woman is not divorced face-to-face, but rather the message or written form should be sent. However, since this woman herself requested it, the Prophet (sallallahu alayhi wa sallam) divorced her face-to-face. Thus, it can also happen in this way.

➌ "Go to your house": If these words are said with the intention of divorce (talaq), then divorce takes place. That is the case here.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3446
Maulana Ataullah Sajid
Benefits and Issues:

There are certain explicit words for divorce, for example:
“You are divorced.”
“I have divorced you.”
With these, divorce takes place by consensus.


There are some words which can mean divorce, but can also carry another meaning.
These are called “kinayah” (allusive) words.
In these, the intention of the speaker is taken into account.
If he said them with the intention of divorce, then divorce will occur; otherwise, it will not. For example:
In this hadith, “Go to your family” is intended as divorce, but in the famous incident of the repentance of Ka‘b ibn Malik radi Allahu anhu, when the Messenger of Allah sallallahu alayhi wa sallam ordered him not to have marital relations with his wife, he said to his wife these same words:
(alhaqi bi ahlik)
“Go to your family.”
And this was not counted as divorce, because his purpose was that she should not reside in the house where he was present, lest he violate the command of the Prophet sallallahu alayhi wa sallam and have marital relations with her. (Sahih al-Bukhari, al-Maghazi, Chapter: The Hadith of Ka‘b ibn Malik, Hadith: 4481)


Some benefits related to this incident have already been mentioned under Hadith: 2037.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2050
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
««موضوع» Narrated by Ibn Majah, Book of Divorce, Chapter: Maintenance for Divorce, Hadith: 2037.* Ubayd ibn al-Qasim is abandoned; Ibn Ma'in declared him a liar, and Abu Dawud accused him of fabrication (Taqrib). The hadith in al-Bukhari, Book of Divorce, Hadith: 5254 is authentic, and the hadith of Abu Usayd al-Sa'idi: narrated by al-Bukhari, Book of Divorce, Hadith: 5255, and see also Hadith: 924.»©

Explanation:
➊ The aforementioned narration has been declared weak in its chain by our esteemed researcher, who further writes that the narration in Sahih al-Bukhari is authentic. In addition, Shaykh al-Albani rahimahullah writes regarding this narration that the mention of Usamah in it is munkar (denounced), and further states that the authentic wording is that of Sahih al-Bukhari: The Messenger of Allah sallallahu alayhi wa sallam ordered Abu Usayd radi Allahu anhu to prepare her to be sent to her family and to give her two cotton garments to wear. Therefore, the narration of Sahih al-Bukhari is the authentic one, as other researchers have also stated.

For further details, see: (al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 25/460, 462; al-Irwa’: 7/146, Hadith: 2064).

➋ From this hadith, it is understood that if a woman is divorced before consummation and her dowry (mahr) was not specified, then she must be given some property (wealth). The majority of scholars consider this obligatory. The apparent meaning of the verse also supports this.

Clarification: «عَمْرَہ بنت جون» In the word ‘Umrah, the ‘ayn has a fatha and the meem is sakin (quiescent). In the word ‘Jawn’, the jeem has a fatha and the waw is sakin. There is a difference of opinion regarding the name of this Juniyyah. Thus, in this narration, it is stated that it is ‘Amrah. Ibn al-Jawzi has mentioned in his book (al-Talqeeh, p. 13) that she is Asma’ bint Nu‘man ibn Abi al-Jawn ibn Harith al-Kindiyyah. Some chains of the hadith of Abu Usayd, as narrated by Imam al-Bukhari rahimahullah, indicate that she is Umaymah bint Nu‘man ibn Sharahil. Imam al-Zuhri says that she is Fatimah bint Dahhak. (al-Talqeeh, p. 12) It is clear that all these refer to the same woman, and the difference is due to the variations of the narrators. The correct view is that her name is Umaymah.

© Hadith Narrator:
«حضرت ابواُسَیْد رضی اللہ عنہ » Usayd is the diminutive of Asad. He is Malik ibn Rabi‘ah ibn Badan. (Both the ba and dal of Badan have a fatha.) He was more famous by his kunyah than his given name. He participated in the Battle of Badr and other expeditions. He passed away in 30 AH, and according to another opinion, after that. In fact, according to the statement of al-Mada’ini, he died in 60 AH and was the last of the Badri Companions to pass away.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 891
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه البخاري، الطلاق، باب من طلق وهل يواجه الرجل امرأته باطلاق، حديث:5254، وانظر، حديث:891.»©Explanation:
➊ From this hadith, it is understood that divorce (talaq) also takes place with indirect (kinayah) expressions.
➋ Explicit divorce (talaq sareeh) is when the one giving the divorce says in clear words, "I have divorced you." In this case, the divorce will take effect, even if the one pronouncing it did not intend divorce, because the word "divorce" (talaq) is absolutely clear in this context.
➌ As for indirect divorce (talaq bil-kinayah), it is when the one giving the divorce uses such words whose meaning and implication could be divorce or could be something else. For example: if the husband says, "You are free," or says, "Go to your parents' house," etc. In such a situation, it will depend on the intention of the one uttering these words. If his intention was divorce, then one divorce will take effect, and if his purpose was not divorce by saying such words, then divorce will not take effect.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 924