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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب النكاح و الطلاقBook of Marriage and Divorce
Returning dowry in exchange for khula (divorce) explained
Hadith 607
اُردوEn
أَخْبَرَنَا الْمُقْرِئُ، نا سَعِيدُ بْنُ أَبِي أَيُّوبَ، نا يَزِيدُ بْنُ أَبِي حَبِيبٍ، عَنْ بُكَيْرِ بْنِ عَبْدِ اللَّهِ بْنِ الْأَشَجِّ، عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، أَنَّ حَبِيبَةَ بِنْتِ سَهْلٍ، كَانَتْ تَحْتَ ثَابِتِ بْنِ قَيْسِ بْنِ شَمَّاسٍ، فَضَرَبَهَا ضَرْبًا شَدِيدًا - أَوْ قَالَ: ضَرْبًا - فَبَلَغَ مِنْهَا، فَأَتَتِ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَذَكَرَتْ ذَلِكَ لَهُ، وَقَالَتْ: لَا أَنَا وَلَا ثَابِتٌ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: ((يَا ثَابِتُ، خُذْ مِنْهَا)) ، فَقَالَتْ: عِنْدِي مَا أَعْطَانِي بِعَيْنِهِ، فَأَخَذَ مِنْهَا، وَاعْتَدَّتْ عِنْدَ أَهْلِهَا.
It is narrated from Sulaiman bin Yasar that Habibah bint Sahal (may Allah be pleased with her) was the wife of Thabit bin Qais (may Allah be pleased with him). He beat her severely, so she came to the service of the Prophet (peace and blessings of Allah be upon him) and mentioned this to him and said: "It is impossible for me and Thabit to live together." The Messenger of Allah (peace and blessings of Allah be upon him) said: "Thabit! Take (the dowry) from her." He said: "What I gave her is exactly with me." So it was taken from her (Habibah, may Allah be pleased with her), and she observed her waiting period ('iddah) at her family's house.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
From the aforementioned hadith, it is understood that if a woman dislikes her husband for some reason and cannot live with him, she may return the dowry (mahr) he gave her and obtain khul‘ (divorce initiated by the wife). The permissibility of khul‘ is established by the Qur’an, Sunnah, and consensus (ijma‘). (Bidayat al-Mujtahid: 2/66; al-Mughni: 7/51)
The scholars have mentioned several conditions for khul‘:
➊ The expression of dislike should come from the woman, not from the man. Because if the man dislikes the woman, then the woman should exercise patience; if living together becomes extremely difficult, then he should divorce her and separate.
➋ The woman should refrain from demanding khul‘ until her dislike reaches such a level that fulfilling marital rights becomes difficult.
➌ The husband should not cause harm to the woman and wait in anticipation that she will herself seek divorce so that he may obtain the dowry amount. In such a case, taking wealth from the woman is forbidden (haram).
➍ The woman should not demand divorce from her husband without a valid reason, because the Prophet (sallallahu alayhi wa sallam) said: “Any woman who asks her husband for divorce without a reason, the fragrance of Paradise is forbidden for her.” (Sahih Abu Dawud, no. 1947)
It is also understood that when a woman seeks khul‘, the husband should accept her request, take back his dowry, and separate from her, and he should not demand more than the dowry he gave her. As in another hadith, the Noble Prophet (sallallahu alayhi wa sallam) ordered (i.e., Thabit radi Allahu anhu): “Take back your garden from her and do not take anything more.” (Sahih Ibn Majah, no. 1673)
It is also understood that the woman will observe her waiting period (‘iddah) in her parents’ home, and this ‘iddah is one menstrual cycle (hayd). In Sunan Abi Dawud, it is narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma that the wife of Thabit ibn Qays radi Allahu anhu obtained khul‘ from him, so the Prophet (sallallahu alayhi wa sallam) prescribed her ‘iddah as one menstrual cycle. (Sunan Abi Dawud, no. 2229) This is because menstruation is a sign of not being pregnant; otherwise, she will observe ‘iddah until childbirth.
From the aforementioned hadith, it is understood that if a woman dislikes her husband for some reason and cannot live with him, she may return the dowry (mahr) he gave her and obtain khul‘ (divorce initiated by the wife). The permissibility of khul‘ is established by the Qur’an, Sunnah, and consensus (ijma‘). (Bidayat al-Mujtahid: 2/66; al-Mughni: 7/51)
The scholars have mentioned several conditions for khul‘:
➊ The expression of dislike should come from the woman, not from the man. Because if the man dislikes the woman, then the woman should exercise patience; if living together becomes extremely difficult, then he should divorce her and separate.
➋ The woman should refrain from demanding khul‘ until her dislike reaches such a level that fulfilling marital rights becomes difficult.
➌ The husband should not cause harm to the woman and wait in anticipation that she will herself seek divorce so that he may obtain the dowry amount. In such a case, taking wealth from the woman is forbidden (haram).
➍ The woman should not demand divorce from her husband without a valid reason, because the Prophet (sallallahu alayhi wa sallam) said: “Any woman who asks her husband for divorce without a reason, the fragrance of Paradise is forbidden for her.” (Sahih Abu Dawud, no. 1947)
It is also understood that when a woman seeks khul‘, the husband should accept her request, take back his dowry, and separate from her, and he should not demand more than the dowry he gave her. As in another hadith, the Noble Prophet (sallallahu alayhi wa sallam) ordered (i.e., Thabit radi Allahu anhu): “Take back your garden from her and do not take anything more.” (Sahih Ibn Majah, no. 1673)
It is also understood that the woman will observe her waiting period (‘iddah) in her parents’ home, and this ‘iddah is one menstrual cycle (hayd). In Sunan Abi Dawud, it is narrated from Sayyiduna Abdullah ibn Abbas radi Allahu anhuma that the wife of Thabit ibn Qays radi Allahu anhu obtained khul‘ from him, so the Prophet (sallallahu alayhi wa sallam) prescribed her ‘iddah as one menstrual cycle. (Sunan Abi Dawud, no. 2229) This is because menstruation is a sign of not being pregnant; otherwise, she will observe ‘iddah until childbirth.
Source: Musnad Ishaq bin Rahwayh, Page: 607
