سنن ابن ماجه
Ibn Majah
كتاب الطلاقThe Chapters on Divorce
بَابُ : الْمُطَلَّقَةِ الْحَامِلِ إِذَا وَضَعَتْ ذَا بَطْنِهَا بَانَتْChapter: When a divorced pregnant woman gives birth, the divorce becomes irrevocable
Hadith 2026
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ عُمَرَ بْنِ هَيَّاجٍ ، حَدَّثَنَا قَبِيصَةُ بْنُ عُقْبَةَ ، حَدَّثَنَا سُفْيَانُ ، عَنْ عَمْرِو بْنِ مَيْمُونٍ ، عَنْ أَبِيهِ ، عَنْ الزُّبَيْرِ بْنِ الْعَوَّامِ ، أَنَّهُ كَانَتْ عِنْدَهُ أُمُّ كُلْثُومٍ بِنْتُ عُقْبَةَ ، فَقَالَتْ لَهُ وَهِيَ حَامِلٌ : طَيِّبْ نَفْسِي بِتَطْلِيقَةٍ ، فَطَلَّقَهَا تَطْلِيقَةً ، ثُمَّ خَرَجَ إِلَى الصَّلَاةِ ، فَرَجَعَ وَقَدْ وَضَعَتْ ، فَقَالَ : مَا لَهَا خَدَعَتْنِي خَدَعَهَا اللَّهُ ، ثُمَّ أَتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ : " سَبَقَ الْكِتَابُ أَجَلَهُ اخْطُبْهَا إِلَى نَفْسِهَا " .
´It was narrated from Zubair bin 'Awwam that:` he was married to Umm Kulthum bint 'Uqbah, and she said to him when she was pregnant. "I will accept one divorce." So he divorced her once. Then he went out for prayer, and when he came back she had given birth. He said: "What is wrong with her? She misled me may Allah mislead her!" Then he came to the Prophet (ﷺ), who said: "Her waiting period is over (and she is divorced); propose marriage a new to her."
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
The issue mentioned in this hadith is correct; this is why, according to some scholars, this narration is authentic.
➋
Zubair (radi Allahu anhu) had given her divorce thinking that one divorce is revocable (raj‘i), and then he would reconcile. He did not know that the time of childbirth was so near.
➌
After a revocable divorce (raj‘i), when the waiting period (‘iddah) is over, verbal reconciliation is not sufficient; rather, a new marriage contract (nikah) will be required.
➍
The meaning of sending a proposal again is that if she wishes, she may marry again; otherwise, it cannot be forced upon her.
➎
With the birth of the child, both the waiting period (‘iddah) of divorce and the waiting period (‘iddah) of the husband’s death come to an end.
➊
The issue mentioned in this hadith is correct; this is why, according to some scholars, this narration is authentic.
➋
Zubair (radi Allahu anhu) had given her divorce thinking that one divorce is revocable (raj‘i), and then he would reconcile. He did not know that the time of childbirth was so near.
➌
After a revocable divorce (raj‘i), when the waiting period (‘iddah) is over, verbal reconciliation is not sufficient; rather, a new marriage contract (nikah) will be required.
➍
The meaning of sending a proposal again is that if she wishes, she may marry again; otherwise, it cannot be forced upon her.
➎
With the birth of the child, both the waiting period (‘iddah) of divorce and the waiting period (‘iddah) of the husband’s death come to an end.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2026
