hadith 8564–9729

Qatadah narrates that Sayyiduna Ali, Sayyiduna Ibn Mas'ud and Sayyiduna Ibn Abbas (may Allah be pleased with them) said: "When the four months pass, it counts as one divorce, and the woman has more right over herself." Qatadah said: Sayyiduna Ali and Sayyiduna Ibn Mas'ud (may Allah be pleased with them both) said: "She observes the waiting period of a divorced woman."

It is narrated from Ibrahim (may Allah have mercy on him) that a man named Abdullah bin Unays made ila' (took an oath to stay away) from his wife; then four months passed without his having intercourse with her, and then he had intercourse with her after the four months while not remembering his oath. He came to Alqamah bin Qays and told him about it, and they came to Sayyiduna Ibn Mas'ud (may Allah be pleased with him) and asked him. He said: "She has become separated from you; now propose to her afresh, with her own consent." So he proposed to her, and gave her a ratl of silver as her dowry (mahr).

Masruq (may Allah have mercy on him) said: Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said: "Whoever wishes, I will invoke mutual cursing (li'an) with him that this verse which is in the shorter Surah al-Nisa' (Surah al-Talaq): 'And for those who are pregnant, their term is until they deliver their burden' [Surah al-Talaq: 4] was revealed after the verse which is in Surah al-Baqarah: 'And those of you who die and leave behind wives' [Surah al-Baqarah: 234]." The narrator said: It had reached him that Sayyiduna Ali (may Allah be pleased with him) says: "She remains in her waiting period until the later of the two terms is completed." So (for that reason) Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said this.

Alqamah bin Qays narrates that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said: "Whoever wishes, I am ready to contend with him firmly over this: that the verse 'And for those who are pregnant, their term is until they deliver their burden' [Surah al-Talaq: 4] was revealed after this verse about the widow: 'And those of you who die and leave behind wives, they shall wait by themselves for four months and ten days' [Surah al-Baqarah: 234]."

It is narrated from Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) that he said: "Whoever wishes, I am ready to contend with him under oath that the shorter Surah al-Nisa' (Surah al-Talaq) was revealed after the verse of four months and ten days."

It is narrated from Sayyiduna Abdullah (may Allah be pleased with him) that he said: "The waiting period ('iddah) of a divorced woman begins from the time she is divorced, and that of a widow from the time her husband dies. And whoever wishes, I am ready to swear an oath against him that the shorter Surah al-Nisa was revealed after Surah al-Baqarah."

Masruq narrates from Sayyiduna Abdullah (may Allah be pleased with him) that he said: "Whoever wishes, I am ready to swear an oath against him that the shorter Surah al-Nisa was revealed after the longer one (the longer Surah al-Nisa)."

Abu Atiyyah said: I heard Sayyiduna Ibn Mas'ud (may Allah be pleased with him) say: The verse of the shorter (surah), "And for those who are pregnant, their term is until they deliver their burden" [Surah al-Talaq: 4], was revealed after this verse of Surah al-Baqarah: "And those of you who die and leave behind wives, they (the wives) shall wait concerning themselves" [Surah al-Baqarah: 234].

Abu Muhammad narrated that Abu Atiyyah said: They mentioned this issue before Sayyiduna Abdullah (may Allah be pleased with him), and he said: "The term of this pregnant widow is until she delivers her burden." The people said: Even up to four months and ten days (she must wait)? Sayyiduna Abdullah (may Allah be pleased with him) said: What do you think if four months and ten days pass and she has not delivered? They said: Then she will wait until she gives birth. Sayyiduna Abdullah (may Allah be pleased with him) said: So you impose the harsher ruling on her, but you do not give her the concession. Indeed, the verse of the shorter (surah) was revealed after the longer one: "And for those who are pregnant, their term is until they deliver their burden" [Surah al-Talaq: 4]. When she delivers her burden, her waiting period is complete.

Muhammad (bin Sirin) (may Allah have mercy on him) said: I was in the circle of Abd al-Rahman bin Abi Layla (may Allah have mercy on him), and his companions gave him the standing of a commander. They discussed the woman whose husband dies while she is pregnant. I said: Before the completion of four months and ten days (her waiting period also ends upon giving birth). Then I narrated the hadith of Subay'ah, which is reported from Abdullah bin Utbah. He said: Some of his companions gestured to me, and I understood. I said: I would truly be eager to lie if I were to lie about Abdullah bin Utbah while he is (present) in a corner of Kufah. It was as if he felt ashamed, then he said: But his uncle did not use to say this. He said: I met Malik bin Amir al-Hamdani and asked him, and he began to narrate the hadith of Subay'ah. I said: That is not what I am asking you about; did you hear Sayyiduna Ibn Mas'ud (may Allah be pleased with him) say anything about it? He said: Yes, people mentioned this issue before him, and he said: "What do you think if she gives birth before the completion of four months and ten days?" We said: She will wait until the four months and ten days have passed. He said: "Then what do you think if the four months and ten days pass and she has not yet given birth?" We said: Then she will wait until she gives birth. He said: "You impose the harsher ruling on her, but you do not give her the concession. The shorter Surah al-Nisa, or the shorter (surah), was revealed after the longer one: 'And for those who are pregnant (their term is until they deliver their burden)' [Surah al-Talaq: 4]."

It is narrated from Alqamah or al-Aswad (may Allah have mercy on them both) that a man came to Sayyiduna Ibn Mas'ud (may Allah be pleased with him) and said: Between me and my wife there occurred what occurs between people, and she said: If what is in your hand of my affair were in my own hand, you would know what I would do. He said: Then what is in my hand of your affair (the decision) is in your own hand. She said: Then you are divorced three times. Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said: "In my opinion this is one divorce, and you have the greater right to take her back, and I will meet the Commander of the Believers, Umar (may Allah be pleased with him), (about this)." So he met him and narrated the whole incident to him. Sayyiduna Umar (may Allah be pleased with him) said: "May Allah deal with the men (for such conduct), may Allah deal with the men! They take what Allah has placed in their hands and then put it in the hands of women. May dust fill her mouth! What did you say?" He said: I said: "In my opinion this is one divorce, and he has the greater right to her." Sayyiduna Umar (may Allah be pleased with him) said: "That is my opinion too, and had you given any other opinion, I would have thought that you had not judged correctly." Mansur said: I said to Ibrahim: Sayyiduna Ibn Abbas (may Allah be pleased with them both) used to say: "May Allah make her opinion go wrong; had she said: I have divorced myself, (it would have been different)." Ibrahim said: Both cases are the same.

Alqamah (may Allah have mercy on him) said: A man came to Sayyiduna Ibn Mas'ud (may Allah be pleased with him) and said: Some words passed between me and my wife, and she said: If what is my share of my affair were in my own hand, you would know what I would do. I said: I make you a witness that what is in my hand of your affair (the decision) is in your own hand. She said: Then you are divorced three times. Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said: "This is one divorce, and you have the greater right to her, and I will ask the Commander of the Believers about this." So he rode out, met Sayyiduna Umar (may Allah be pleased with him) and narrated the whole incident to him. Sayyiduna Umar (may Allah be pleased with him) said: "May a stone fill her mouth! May Allah deal with the men! They take what Allah has placed in their hands concerning the affair of women and then put it in the women's own hands. What is your opinion?" I said: "In my opinion this is one divorce, and he has the greater right to her." He said: "Excellent is the opinion you gave; had you given any other opinion, it would not have been correct."

Masruq narrated that a man placed his wife's affair in her own hand, and she divorced herself three times. He asked Sayyiduna Ibn Mas'ud (may Allah be pleased with him): What is your opinion about this? He said: "In my opinion this is one divorce, and he (the husband) has the greater right to her." Sayyiduna Umar (may Allah be pleased with him) said: "That is my opinion too."

Mujahid narrates from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) that he said: "When he (the husband) gives her authority over her own affair, and then the two separate (from that sitting) before she decides anything, she has no authority left."

Mujahid narrates from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) concerning the issue of 'choice' (khiyar) that he said: "If she chooses her husband, then nothing has occurred, and if she chooses herself, it will count as one divorce."

Ibrahim narrated that Sayyiduna Umar and Sayyiduna Ibn Mas'ud (may Allah be pleased with them both) said: "If she chooses herself, it is one divorce, and if she chooses her husband, it is nothing."

Ibrahim narrated that Sayyiduna Umar and Sayyiduna Ibn Mas'ud (may Allah be pleased with them both) said concerning 'Your affair is in your own hand': "If she chooses herself, it is one divorce, and he (the husband) has the greater right to her; and if she chooses her husband, it is nothing."

Al-Sha'bi narrated that Sayyiduna Umar and Sayyiduna Ibn Mas'ud (may Allah be pleased with them both) said: "If she chooses her husband, there is no harm, and if she chooses herself, it is one divorce, and he has the right to take her back."

Masruq narrated that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) was asked about a man who said to his wife: Choose (as you wish), and she remained silent; then he said again: Choose, and she remained silent again; then he said a third time: Choose, and she said: I have chosen myself. He said: "It is three (divorces)."

Alqamah narrated that some women of the Hamdan tribe, who had been given the news of their husbands' deaths, asked Sayyiduna Ibn Mas'ud (may Allah be pleased with him). They said: We feel lonely (living alone). Sayyiduna Abdullah (may Allah be pleased with him) said: "Gather together during the day, then at night let each of you return to her own house."

Alqamah narrates a similar report from Sayyiduna Ibn Mas'ud (may Allah be pleased with him), and in it he also mentioned that their husbands had died in a plague that struck Kufah.

Sayyiduna Ali and Sayyiduna Ibn Mas'ud (may Allah be pleased with them both) said: "If he accuses his wife (of adultery) after having divorced her while he still has the right to take her back, he shall perform li'an with her. And if he accuses her after having divorced her irrevocably, he shall not perform li'an with her."

Shaqiq bin Salamah narrates from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) that he said: "The two who perform li'an can never come together again."

Qatadah narrated that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said: "The entire inheritance of the child of a woman subjected to li'an belongs to his mother."

Al-Sha'bi narrates from Sayyiduna Ali and Sayyiduna Ibn Mas'ud (may Allah be pleased with them both) that they said: "The agnatic heirs ('asabah) of the child of a woman subjected to li'an are the agnatic heirs of his mother."

Alqamah narrated that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) was asked about coitus interruptus ('azl), and he said: "If Allah has taken the covenant of a soul in the loins of a man, and then he were to spill it onto a rock, Allah would bring it out even from that rock. So if you wish, then complete (the act), and if you wish, do not practise 'azl."

Abu Amr al-Shaybani narrates from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) concerning coitus interruptus ('azl) that he said: "It is the hidden burying alive."

Qatadah narrated that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) disliked combining two sisters together in ownership among one's slave women.

Qatadah narrated that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) used to dislike combining a slave woman and her mother together in ownership.
Qatadah said: A man spoke again to Sayyiduna Ibn Mas'ud (may Allah be pleased with him) about combining two sisters (in ownership) and said: Allah has made lawful for me what my right hand possesses. He said to him: "Your camel too is among what your right hand possesses (does ownership make everything lawful?)."

Qatadah narrated that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said: "And I dislike your slave woman who is a polytheist."

The father of Bukayr bin al-Akhnas said: We differed over the reading of this verse: 'And He knows what you do' or 'what they do' [Surah al-Shura: 25]. So I went to Sayyiduna Ibn Mas'ud (may Allah be pleased with him) to ask him about it. While I was with him, someone came and said: O Abu Abd al-Rahman! A man committed indecency with his wife (before marriage), then both of them repented and reformed themselves. So Sayyiduna Abdullah (may Allah be pleased with him) recited this verse: "And it is He who accepts repentance from His servants, pardons evil deeds, and knows what you do" [Surah al-Shura: 25].

Ibn Sirin narrated that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) was asked about a man who commits adultery with a woman and then marries her. He said: "They both remain adulterers as long as they are together." Sayyiduna Ibn Mas'ud (may Allah be pleased with him) was asked: What do you think if they both repent? He said: "And it is He who accepts repentance from His servants and pardons evil deeds" [Surah al-Shura: 25], and Sayyiduna Ibn Mas'ud (may Allah be pleased with him) kept repeating this verse. The narrator said: Until I said: He sees no harm in it (marriage after repentance).

Al-Hakam bin Aban said: I asked Salim bin Abdullah about a man who commits adultery with a woman and then marries her. He said: Sayyiduna Ibn Mas'ud (may Allah be pleased with him) was asked this question, and he said: "And it is He who accepts repentance from His servants and pardons evil deeds" [Surah al-Shura: 25].

A similar report is also narrated from Ibrahim and Alqamah.

Salim bin Abi al-Ja'd narrates through his father from Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) that he said: "They both remain adulterers as long as they are together."

Al-Sha'bi narrates from Sayyiduna Ibn Mas'ud and Sayyidah Aishah (may Allah be pleased with them both) that they said: "They both continue to be adulterers as long as they are together."

Qatadah narrated that Sayyiduna Ibn Mas'ud (may Allah be pleased with him) used to dislike that a man should have intercourse with his slave woman who commits fornication.

Ibrahim narrates from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) concerning the waiting period of a slave woman that he said: "Half the severity (of a free woman's punishment) is upon her, yet she is not given half the concession."

Al-Sha'bi narrates through Masruq from Sayyiduna Abdullah (may Allah be pleased with him) that he said: "The womb of a slave woman is cleared (istibra') by one menstrual period."

Al-Sha'bi narrates from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) that he said: "Divorce and the waiting period (both) are determined by the woman."