Daraqutni

Hisham said: And Yahya wrote to me, from Ya'la ibn Hakim, from Sa'id ibn Jubayr, from Ibn Abbas, "He used to say: In the case of the haram, there is an oath for which expiation is due." And Ibn Abbas said: "Indeed, you have in the Messenger of Allah a good example, that the Prophet, peace and blessings be upon him, had forbidden his slave girl to himself, so Allah said: 'Why do you forbid what Allah has made lawful for you' (Surat al-Tahrim, verse 1) up to His saying: 'Allah has already ordained for you the dissolution of your oaths' (Surat al-Tahrim, verse 2), so he made expiation for his oath and made the haram an oath."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) said: "When a person declares his wife forbidden for himself, this will be considered an oath, and that person will pay the expiation for an oath." Sayyiduna Ibn Abbas (may Allah be pleased with them) said: "For you, there is the best example in the life of the Noble Prophet (peace and blessings be upon him)."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) said: "For using the word 'haram', the expiation of an oath will have to be given." Sayyiduna Ibn Abbas (may Allah be pleased with them) said: "For you, in the life of the Noble Prophet (peace and blessings be upon him), is the best example."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates from Sayyiduna Umar (may Allah be pleased with him) regarding the Prophet Muhammad (peace and blessings be upon him): "He (peace be upon him) considered the use of the word 'haram' (forbidden) as an oath."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: "The word 'haram' (forbidden) when used is an oath, for which expiation must be given."

Sayyiduna Abdullah ibn Abbas (may Allah be pleased with them both) narrates the statement of Sayyiduna Umar (may Allah be pleased with him): Once, the Prophet Muhammad (peace and blessings be upon him) came to the house of Sayyidah Hafsah (may Allah be pleased with her) accompanied by his umm walad, Sayyidah Mariyah al-Qibtiyyah (may Allah be pleased with her). When Sayyidah Hafsah (may Allah be pleased with her) saw this woman with the Prophet (peace and blessings be upon him), she asked him: "You have brought her into my house? You have done this with me, leaving your other wives, because (in your view I have no status)?" The Prophet (peace and blessings be upon him) said: "Do not mention this to Aisha; this (concubine) is forbidden for me, that I should go near her." So the Prophet (peace and blessings be upon him) took an oath that he would not go near this (concubine). The Prophet (peace and blessings be upon him) said: "Do not mention this matter to anyone." But Sayyidah Hafsah mentioned it to Sayyidah Aisha (may Allah be pleased with her), so the Prophet (peace and blessings be upon him) made an oath of abstention (ila’) from his wives, that he would not go to them for a month. He remained apart from his wives for 29 days, then Allah revealed this verse: "Why do you forbid what Allah has made lawful for you?" The narrator says that after this, there is a long hadith.

Abdullah bin Abbas (may Allah be pleased with them both) narrates: Lady Hafsa (may Allah be pleased with her) found the Prophet Muhammad (peace be upon him) with Umm Ibrahim (that is, Lady Maria al-Qibtiyya, may Allah be pleased with her) on the day allotted to Lady Aisha, so she said: "I will surely inform (Lady Aisha) about this." The Prophet (peace be upon him) said: "She (that is, Umm Ibrahim) is forbidden for me, that I should go near her." Lady Hafsa (may Allah be pleased with her) informed Lady Aisha about this, so Allah informed His Messenger about it. The Prophet (peace be upon him) told Lady Hafsa about her statement, so she asked: "Who informed you?" The Prophet (peace be upon him) said: "The One who is All-Knowing and All-Aware has informed me." Then the Prophet (peace be upon him) took an oath of abstention from his wives for a month, so Allah the Exalted revealed this verse: "If you two turn in repentance to Allah (it will be better for you), for your hearts have deviated." Abdullah bin Abbas (may Allah be pleased with them both) narrates: I asked Umar (may Allah be pleased with him), who were the two women who supported each other regarding the action of the Prophet (peace be upon him)? Umar (may Allah be pleased with him) replied: "Aisha and Hafsa."

Ata says: "If a person says to his wife: 'You are forbidden to me, you are divorced Bata, you are divorced Haraj,' as for his saying: 'You are forbidden to me,' this is an oath, for which the person will pay expiation (it is not a divorce). As for the words 'divorce Bata' or 'divorce Haraj,' in this matter, his intention will be taken into account."

It is narrated about Sayyiduna Ibn Abbas (may Allah be pleased with them) that a man came to him and said: I have declared my wife forbidden to myself. Sayyiduna Ibn Abbas (may Allah be pleased with them) said: You have spoken incorrectly; she has not become forbidden to you. Then he recited this verse: "O Prophet! Why do you forbid what Allah has made lawful for you?" (Then Sayyiduna Ibn Abbas said) The most severe expiation will be imposed upon you, that is, freeing a slave.

It is narrated about Sayyiduna Rafi‘ bin Sinan (may Allah be pleased with him): He accepted Islam, but his wife refused to accept Islam. They had a young daughter who had reached the age of weaning. Both of them brought their case before the Prophet Muhammad (peace and blessings be upon him). The Prophet (peace and blessings be upon him) said: "Place her between you, and then both of you call her." They did so, and the girl inclined towards her mother. The Prophet (peace and blessings be upon him) prayed: "O Allah! Grant her guidance." Then the girl inclined towards her father, so Sayyiduna Rafi‘ (may Allah be pleased with him) obtained her.

It is narrated about Sayyiduna Rafi‘ bin Sinan (may Allah be pleased with him): He accepted Islam, but his wife refused to accept Islam. They had a daughter named ‘Umairah. The woman demanded custody of the child, but Sayyiduna Rafi‘ (may Allah be pleased with him) refused. Both of them presented themselves before the Prophet (peace and blessings of Allah be upon him). The Prophet (peace and blessings of Allah be upon him) said to the woman: "You sit here." He said to Sayyiduna Rafi‘: "You sit here." Then he said: "Now both of you call the child." Both of them called her, and the child inclined towards her mother. So the Prophet (peace and blessings of Allah be upon him) prayed: "O Allah! Grant her guidance." Then the child inclined towards her father, so he took her and went away with her.

Tawoos narrates: Abu Sahba came to Sayyiduna Ibn Abbas (may Allah be pleased with them), so Sayyiduna Ibn Abbas (may Allah be pleased with them) said to him: "Present your stance (or question), and whatever is in your mind, and whatever you have gathered." So Abu Sahba said to him: "Do you know? In the time of the Noble Prophet (peace and blessings be upon him), three divorces were counted as one." So Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) replied: "Yes, in the time of the Noble Prophet (peace and blessings be upon him), in the caliphate of Sayyiduna Abu Bakr (may Allah be pleased with him), and in the early period of the caliphate of Sayyiduna Umar (may Allah be pleased with him), three divorces were counted as one. But when, in the time of Sayyiduna Umar (may Allah be pleased with him), divorce cases became frequent, then Sayyiduna Umar bin Khattab (may Allah be pleased with him) started to count them as three."

Sayyiduna Mu'adh bin Jabal (may Allah be pleased with him) narrates: I heard the Noble Prophet (peace and blessings be upon him) saying: "O Mu'adh! Whoever divorces his wife with an innovated (i.e., contrary to Sunnah) method—whether one, two, or three divorces—we will impose his innovation upon him."

Sayyiduna Mu'adh bin Jabal (may Allah be pleased with him) narrates: The Noble Prophet (peace and blessings be upon him) said: "O Mu'adh! Whoever divorces his wife with one, two, or three divorces in an innovated (bid'ah) manner, We will make his innovation binding upon him."

Narrated from Sayyiduna Abdullah bin Umar (may Allah be pleased with them both): "Whoever gives his wife three divorces during her menstruation, then the woman will become irrevocably separated from him, however, that person has disobeyed his Lord and violated the Sunnah."

This narration is also transmitted with another chain of transmission.

Aban bin Taghlib narrates: I asked Imam Ja'far al-Sadiq about a man who gives his wife three divorces. Imam Ja'far al-Sadiq said: "That woman becomes separated (bainah) from that man and she will not be lawful for him until she marries another man and becomes a widow or is divorced." I asked him: "Should I give people a fatwa according to this?" He replied: "Yes."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) narrates: "The Noble Prophet (peace and blessings be upon him) considered khul‘ to be an irrevocable divorce."

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: The wife of Sayyiduna Thabit bin Qais (may Allah be pleased with him) took khul‘ from him, so the Prophet (peace and blessings be upon him) instructed that woman to observe one menstrual period as her ‘iddah.

Ikrimah narrates: Thabit's wife (then as in the previous hadith), they mentioned (in its chain) Sayyiduna Ibn Abbas, may Allah be pleased with them both.

Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) narrates: “During the time of the Noble Prophet (peace and blessings be upon him), the caliphate of Sayyiduna Abu Bakr (may Allah be pleased with him), and the first two years of the caliphate of Sayyiduna Umar (may Allah be pleased with him), three (divorces) were counted as one.” Sayyiduna Umar (may Allah be pleased with him) said: “People were given ease in this matter, but they began to hasten in it. If we let (three divorces) continue (to be counted as three), it would be more appropriate.” So Sayyiduna Umar (may Allah be pleased with him) allowed (three divorces to be counted as three).

Tawoos narrates: Abu Sahba said to Sayyiduna Abdullah bin Abbas (may Allah be pleased with them): "Do you know that during the time of the Prophet (peace and blessings be upon him), in the caliphate of Sayyiduna Abu Bakr (may Allah be pleased with him), and in the first three years of Sayyiduna Umar's (may Allah be pleased with him) era, three (divorces) were counted as one?" Sayyiduna Ibn Abbas (may Allah be pleased with them) replied: "Yes."

Tawoos narrates: Abu Sahba asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them): "I ask you by Allah, do you know this matter? In the time of the Noble Prophet (peace and blessings be upon him), and in the early period of the caliphate of Sayyiduna Abu Bakr and the beginning of Sayyiduna Umar's caliphate (may Allah be pleased with them), three (divorces) were counted as one." So Sayyiduna Ibn Abbas (may Allah be pleased with them) replied: "Yes."

Tawoos narrates: Abu Sahba asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them): "I ask you by Allah, do you know this matter? In the time of the Noble Prophet (peace and blessings be upon him), and in the early period of the caliphate of Sayyiduna Abu Bakr and the beginning of Sayyiduna Umar's caliphate (may Allah be pleased with them), three (divorces) were counted as one." So Sayyiduna Ibn Abbas (may Allah be pleased with them) replied: "Yes."

Ibn Abu Mulaykah narrates: Abu Jawza said to Sayyiduna Ibn Abbas (may Allah be pleased with them): "Do you know that during the time of the Noble Prophet (peace and blessings be upon him), (in the caliphate of Sayyiduna Abu Bakr), and in the early period of the caliphate of Sayyiduna Umar (may Allah be pleased with him), three divorces were counted as one?" So (Ibn Abbas, may Allah be pleased with them) replied: "Yes."

Ibn Abu Mulaykah narrates: Abu Jawza said to Sayyiduna Ibn Abbas (may Allah be pleased with them): "Do you know that during the time of the Noble Prophet (peace and blessings be upon him), (in the caliphate of Sayyiduna Abu Bakr), and in the early period of the caliphate of Sayyiduna Umar (may Allah be pleased with him), three divorces were counted as one?" So (Ibn Abbas, may Allah be pleased with them) replied: "Yes."

Mujahid narrates: One day I was sitting with Sayyiduna Abdullah bin Abbas (may Allah be pleased with them). A man came to him and said: O Abu Abbas! I have given my wife three divorces. Sayyiduna Ibn Abbas (may Allah be pleased with them) said: You have disobeyed your Lord and your wife has become unlawful for you. You do not fear Allah, otherwise He would have made a way out for you. You acted foolishly when giving divorce and now you say, O Abu Abbas. Allah Almighty has said: "O Prophet! When you divorce women, divorce them for their waiting period (i.e., at the beginning of their waiting period)." The same narration is also transmitted with another chain of narration.

Mujahid narrates: A man asked Sayyiduna Ibn Abbas, he said: "He has given his wife three divorces." (After this, the hadith is as previously mentioned.)

This narration is also transmitted with another chain of transmission.

Sayyiduna Ali (may Allah be pleased with him), regarding Ila, says: "After four months, it will depend on (the husband's will): either he should return (to his wife) or he should divorce her."

This narration is also transmitted with another chain of transmission.

Suhail bin Abu Salih narrates from his father: "I asked twelve Companions about a person who takes an oath of abstinence (ila’), and these individuals gave the same answer: Nothing will be imposed upon him until four months have passed. Then it will depend on (the husband's decision); if he returns (to his wife), then (it is fine), otherwise he should divorce her."

Sulaiman bin Yasar narrates: "I met ten Companions (may Allah be pleased with them), all of them considered the matter of Ila (oath of abstinence) to depend on the will of the one who made the oath."

Tawoos narrates that Sayyiduna Uthman (may Allah be pleased with him) used to question the one who performed ila (oath of abstinence from his wife).

Sayyiduna Uthman bin Affan (may Allah be pleased with him) did not consider there to be anything in Ila (i.e., divorce does not occur), whether four months pass or not (the matter of divorce will remain dependent on the man's will).

Sayyiduna Zaid bin Thabit (may Allah be pleased with him) and Sayyiduna Uthman Ghani (may Allah be pleased with him) say: "When four months have passed, then this will be counted as one divorce."

Sayyiduna Uthman Ghani (may Allah be pleased with him) and Sayyiduna Zaid bin Thabit (may Allah be pleased with him) say: "When four months have passed, this will be counted as one divorce."

Maimuni reports: I mentioned to Imam Ahmad bin Hanbal the narration of Ata Khurasani from Abu Salamah, transmitted from Sayyiduna Uthman (may Allah be pleased with him), so he said: "I do not know what this is? Something contrary to this has been transmitted from Sayyiduna Uthman (may Allah be pleased with him)." He was asked: "Who has transmitted it?" He replied: "Abu Abdullah or Habib bin Abi Thabit has transmitted, from Tawus, the opinion of Sayyiduna Uthman (may Allah be pleased with him): It will be dependent on the will of the one who has taken the oath of abstention (ila’)."

Sayyiduna Umar bin Khattab (may Allah be pleased with him) said: “(In the case of Ilaa) when four months have passed, it will be counted as one divorce, and as long as the woman’s waiting period (‘iddah) is not completed, the man will have the right to take her back.”

Ayyub narrates: I asked Saeed bin Jubair: Did Sayyiduna Abdullah bin Abbas (may Allah be pleased with them) say: "When four months have passed, this will be counted as an irrevocable divorce and there will be no waiting period (iddah) upon the woman; if she wishes, she can marry (again immediately after)?" So Saeed replied: "Yes."