صحيح البخاري
Bukhari
كتاب الطلاقThe Book of Divorce
بَابُ الْمُتْعَةِ لِلَّتِي لَمْ يُفْرَضْ لَهَا:Chapter. The gift given by a husband to a divorced lady for whom Mahr has not been fixed.
Hadith 5350
اُردوEn
لِقَوْلِهِ تَعَالَى: {لاَ جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ} إِلَى قَوْلِهِ: {إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ} وَقَوْلِهِ: {وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ كَذَلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَعْقِلُونَ} وَلَمْ يَذْكُرِ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي الْمُلاَعَنَةِ مُتْعَةً حِينَ طَلَّقَهَا زَوْجُهَا.
Because Allah the Exalted has said (in Surah Al-Baqarah) «لا جناح عليكم إن طلقتم النساء ما لم تمسوهن» meaning: "There is no sin upon you if you divorce women whom you have not touched nor specified a dowry for them, but provide for them a provision." Up to the statement «إن الله بما تعملون بصير». And Allah the Exalted has said in the same Surah: "For divorced women, a provision according to what is reasonable is a duty upon the righteous. Thus Allah makes clear to you His verses that you might use reason." And at the time of li'an, when the husband had divorced his wife, the Prophet (peace and blessings of Allah be upon him) did not mention provision (mut‘ah).
حَدَّثَنَا قُتَيْبَةُ بْنُ سَعِيدٍ حَدَّثَنَا سُفْيَانُ عَنْ عَمْرٍو عَنْ سَعِيدِ بْنِ جُبَيْرٍ عَنِ ابْنِ عُمَرَ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ لِلْمُتَلاَعِنَيْنِ: «حِسَابُكُمَا عَلَى اللَّهِ، أَحَدُكُمَا كَاذِبٌ، لاَ سَبِيلَ لَكَ عَلَيْهَا». قَالَ يَا رَسُولَ اللَّهِ مَالِي. قَالَ: «لاَ مَالَ لَكَ، إِنْ كُنْتَ صَدَقْتَ عَلَيْهَا، فَهْوَ بِمَا اسْتَحْلَلْتَ مِنْ فَرْجِهَا، وَإِنْ كُنْتَ كَذَبْتَ عَلَيْهَا، فَذَاكَ أَبْعَدُ وَأَبْعَدُ لَكَ مِنْهَا».
Narrated Ibn `Umar: The Prophet said to those who were involved in a case of Lian, "Your accounts are with Allah. One of you two is a liar. You (husband) have right on her (wife)." The husband said, "My money, O Allah's Apostle!" The Prophet said, "You are not entitled to take back any money. If you have told the truth, the Mahr that you paid, was for having sexual relations with her lawfully; and if you are a liar, then you are less entitled to get it back."
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
By "mut‘ah" is meant to provide benefit; there is a difference of opinion among the scholars regarding this.
The Hanafi position is that this mut‘ah is obligatory for that woman whose dowry (mahr) was not specified and who is divorced before consummation of marriage.
Some have said that mut‘ah should be given to a divorced woman.
Some have said that mut‘ah is not obligatory for anyone.
Imam Bukhari's inclination appears to be towards the first opinion, as is the Hanafi fatwa, that even such a woman must necessarily be given something, which is in addition to the dowry.
In any case, the woman is deserving of good treatment.
All praise is due to Allah, for the Book of Marriage and Divorce was completed today, on the 4th of Dhu al-Hijjah, year 1394 AH.
If there has been any slip of the pen, I seek forgiveness from Allah for it and request correction from the accomplished scholars.
Upon completing the Book of Marriage, it is appropriate to further clarify some terms that have appeared in several places, which are as follows.
By "mut‘ah" is meant to provide benefit; there is a difference of opinion among the scholars regarding this.
The Hanafi position is that this mut‘ah is obligatory for that woman whose dowry (mahr) was not specified and who is divorced before consummation of marriage.
Some have said that mut‘ah should be given to a divorced woman.
Some have said that mut‘ah is not obligatory for anyone.
Imam Bukhari's inclination appears to be towards the first opinion, as is the Hanafi fatwa, that even such a woman must necessarily be given something, which is in addition to the dowry.
In any case, the woman is deserving of good treatment.
All praise is due to Allah, for the Book of Marriage and Divorce was completed today, on the 4th of Dhu al-Hijjah, year 1394 AH.
If there has been any slip of the pen, I seek forgiveness from Allah for it and request correction from the accomplished scholars.
Upon completing the Book of Marriage, it is appropriate to further clarify some terms that have appeared in several places, which are as follows.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5350
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
It is understood from this hadith that there is no maintenance (mut‘ah) for a woman who undergoes li‘an (mutual cursing).
If maintenance (mut‘ah) had been given, it would certainly have been mentioned.
(2)
In some narrations, there is mention of divorce.
So this divorce was not by the command of the Messenger of Allah (sallallahu alayhi wa sallam), rather, it was an additional act issued by the husband as an expression of aversion, for emphasis.
And Allah knows best.
(1)
It is understood from this hadith that there is no maintenance (mut‘ah) for a woman who undergoes li‘an (mutual cursing).
If maintenance (mut‘ah) had been given, it would certainly have been mentioned.
(2)
In some narrations, there is mention of divorce.
So this divorce was not by the command of the Messenger of Allah (sallallahu alayhi wa sallam), rather, it was an additional act issued by the husband as an expression of aversion, for emphasis.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5350
