Those Scholars Who Say Divorce Is for Men and Iddah Is for Women

Hazrat Sulaiman bin Yasar (may Allah have mercy on him) narrates that the slave Nafi’ of Hazrat Umm Salamah (may Allah be pleased with her) gave two divorces to his free wife. People wanted this woman to return to his marriage. Hazrat Uthman (may Allah be pleased with him) and Hazrat Zaid (may Allah be pleased with him) refused this. Hazrat Sulaiman (may Allah have mercy on him) says: “Does anyone have anything else to say besides this?” When I came to Madinah, I wrote a letter to Hazrat Abu Qilabah (may Allah have mercy on him). He wrote me back a hadith which satisfied my heart, that Zaid bin Thabit (may Allah be pleased with him) and Qabisah bin Dhu’aib (may Allah be pleased with him) say: If the husband of a slave woman becomes free, then the divorce will be according to the free woman and the waiting period will be that of a slave woman; and if the husband of a free woman is a slave, then the divorce will be according to the slave and the waiting period will be that of a free woman.

19253 - (W) (1) Sulaiman said: And does anyone say other than this? (2)

19254 - When I arrived in Medina, I wrote to Abu Qilabah, and he wrote back to me that someone whose narration I trust told me that Zayd ibn Thabit and Qabisah ibn Dhu’ayb said: If her husband is free and she is a slave woman, then his divorce is the divorce of a free man and her waiting period is the waiting period of a slave woman. And if her husband is a slave and she is free, then his divorce is the divorce of a slave, and her waiting period is the waiting period of a free woman who is observing her waiting period.

Hazrat Sulaiman bin Yasar (may Allah have mercy on him) says that divorce is related to men and 'iddah is related to women.

The same is also narrated from Hazrat Ikrimah, may Allah have mercy on him.

Many gentlemen say that divorce pertains to men and 'iddah pertains to women.

19258 - And (from) (1) al-Sha‘bi from Makḥūl.

19259 - And Sufyan from someone who heard Ibrahim and al-Sha'bi, they said: Divorce is by men, and the waiting period (__idda__) is by women.

Hazrat Abu Salamah (may Allah have mercy on him) narrates that Nafi’ was a slave and he was married to a free woman. He gave his wife two divorces. Regarding this, he asked Hazrat Uthman (may Allah be pleased with him) and Hazrat Zaid (may Allah be pleased with him), so they said: "Your divorce is like that of a slave and her waiting period (‘iddah) is like that of free women."

Hazrat Ibn Umar (may Allah be pleased with them both) says that if a free woman is married to a slave, she will become separated (bainah) with two divorces and will observe the waiting period ('iddah) of three menstrual cycles. And if a slave woman is married to a free man, she will become separated (bainah) with three divorces and will observe the waiting period of two menstrual cycles.

Hazrat Saeed bin Musayyib (may Allah have mercy on him) says that divorce pertains to men and 'iddah pertains to women.