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سنن ابن ماجه
Ibn Majah
كتاب الطلاقThe Chapters on Divorce
بَابُ : عِدَّةِ الْمُخْتَلِعَةِChapter: The waiting period of a woman granted Khul`
Hadith 2058
اُردوEn
حَدَّثَنَا عَلِيُّ بْنُ سَلَمَةَ النَّيْسَابُورِيُّ ، حَدَّثَنَا يَعْقُوبُ بْنُ إِبْرَاهِيمَ بْنِ سَعْدٍ ، حَدَّثَنَا أَبِي ، عَنْ ابْنِ إِسْحَاق ، أَخْبَرَنِي عُبَادَةُ بْنُ الْوَلِيدِ بْنِ عُبَادَةَ بْنِ الصَّامِتِ ، عَنْ الرُّبَيِّعِ بِنْتِ مُعَوِّذِ ابْنِ عَفْرَاءَ ، قَالَ : " قُلْتُ لَهَا : حَدِّثِينِي حَدِيثَكِ ، قَالَتْ : اخْتَلَعْتُ مِنْ زَوْجِي ، ثُمَّ جِئْتُ عُثْمَانَ ، فَسَأَلْتُ مَاذَا عَلَيَّ مِنَ الْعِدَّةِ ؟ ، فَقَالَ : لَا عِدَّةَ عَلَيْكِ ، إِلَّا أَنْ يَكُونَ حَدِيثَ عَهْدٍ بِكِ ، فَتَمْكُثِينَ عِنْدَهُ حَتَّى تَحِيضِينَ حَيْضَةً ، قَالَتْ : وَإِنَّمَا تَبِعَ فِي ذَلِكَ قَضَاءَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي مَرْيَمَ الْمَغَالِيَّةِ ، وَكَانَتْ تَحْتَ ثَابِتِ بْنِ قَيْسٍ ، فَاخْتَلَعَتْ مِنْهُ " .
´It was narrated from 'Ubadah bin Samit from Rubai' bint Mu'awwidh bin 'Afra'.:` He said: "I said to her: 'Tell me your Hadith.' She said: 'I got Khul' from my husband, then I came to 'Uthman and asked him: "What waiting period do I have to observe?" He said: "You do not have to observe any waiting period, unless you had intercourse with him recently, in which case you should stay with him until you have menstruated." In that he was following the ruling of the Messenger of Allah (ﷺ) concerning Maryam Maghaliyyah, who was married to Thabit bin Qais and she got Khul' from him.' "
Brief Explanation
1؎: In al-Nasa’i, it is narrated from Rabi‘ bint Mu‘awwidh that in the case of the wife of Thabit, the Prophet (sallallahu alayhi wa sallam) said to her: “Take back what you have from him and leave him.” Thabit said: “Alright.” Then the Prophet (sallallahu alayhi wa sallam) ordered her to observe a waiting period (‘iddah) of one menstrual cycle (hayd). And this is narrated through several chains. From these hadiths, it is derived that the waiting period (‘iddah) for a woman who obtains khul‘ is one menstrual cycle, and that khul‘ is an annulment (fasakh) of the marriage contract. This is the position of the Ahl al-Hadith. If khul‘ were a divorce (talaq), its waiting period would be three menstrual cycles. Abu Ja‘far al-Nahhas has transmitted the consensus (ijma‘) of the Companions (radi Allahu anhum) on this in his work al-Nasikh wa’l-Mansukh, and in light of the evidences, this is the more correct view.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊ Although the outward form of khul‘ is similar to divorce (talaq)—that is, the man divorces the woman at her request—in reality, it is an annulment (faskh) of the marriage. Therefore, its waiting period (‘iddah) is not three menstrual cycles, but rather one menstrual cycle.
➋ The waiting period of one menstrual cycle after khul‘ is for the purpose of ensuring the womb is free (istibra’ al-rahim), meaning its objective is to ascertain whether the woman is pregnant or not. The occurrence of one menstrual cycle makes this clear. If menstruation does not occur, it means she is pregnant; therefore, she cannot marry another man until the child is born.
➊ Although the outward form of khul‘ is similar to divorce (talaq)—that is, the man divorces the woman at her request—in reality, it is an annulment (faskh) of the marriage. Therefore, its waiting period (‘iddah) is not three menstrual cycles, but rather one menstrual cycle.
➋ The waiting period of one menstrual cycle after khul‘ is for the purpose of ensuring the womb is free (istibra’ al-rahim), meaning its objective is to ascertain whether the woman is pregnant or not. The occurrence of one menstrual cycle makes this clear. If menstruation does not occur, it means she is pregnant; therefore, she cannot marry another man until the child is born.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2058
