Allah, exalted be His praise, says: "And if you fear discord between husband and wife, then appoint one arbiter from the man's family and one arbiter from the woman's family; if they both desire reconciliation, Allah Almighty will bring about harmony between them (husband and wife)." [Surah al-Nisa: 35]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / Q14782
Ibn Sirin (may Allah have mercy on him) narrates from Ubaydah (may Allah have mercy on him) concerning this verse: "And if you fear discord between the two of them, then appoint an arbiter from his family and an arbiter from her family" [Surah al-Nisa: 35], that a man and a woman came to Ali (may Allah be pleased with him), and with them was a group of people. Ali (may Allah be pleased with him) gave the order, so one arbiter was appointed from each side. Then he said to them: What is your responsibility? If you both consider it better for them to be united or to be separated, then do so. The woman said: Whatever the Book of Allah decides concerning me is acceptable. But the man said: Separation is not acceptable to me. Ali (may Allah be pleased with him) said: You have lied; you too must affirm the same as the woman has affirmed.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14782
Ayyub, through his chain, mentions something of the same meaning, that Ali (may Allah be pleased with him) said: "You will not leave here until you affirm the same as the woman has affirmed."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14783
Ibn Sirin narrates the like of it from Ubaydah, that the woman said: The decision is acceptable to me; I am content. The man said: Separation is not acceptable. Ali (may Allah be pleased with him) said: That is not right for you; you will not be able to move from here until you are content just as the woman has expressed her contentment.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14784
Ibn Sirin narrates a hadith of the same meaning from Ubaydah, that he turned to the woman and said: Are you content with their decision? She said: Yes. Whatever the decision of the Book of Allah concerning me, it is acceptable to me. Then he turned to the man and asked: Are you content with their decision? He said: If they unite us, then I am content; if they separate us, then the decision is not acceptable to me. Ali (may Allah be pleased with him) said: You have lied. By Allah! You will not leave your place until you express contentment as the woman did.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14785
Ibn Abi Mulaykah (may Allah have mercy on him) says that Sayyiduna Aqil bin Abi Talib (may Allah be pleased with him) married Fatimah bint Utbah (may Allah be pleased with her). She said: Bear with me, and I will spend on you. Whenever he went in to her, she would say: Where is Utbah bin Rabi'ah, and where is Shaybah bin Rabi'ah? He said: When you enter Hellfire, they will be on your left. So she wrapped her clothes tightly about her and came to Sayyiduna Uthman bin Affan (may Allah be pleased with him) and mentioned this to him. He appointed Sayyiduna Abdullah bin Abbas and Sayyiduna Mu'awiyah (may Allah be pleased with them both) as arbiters. Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: I will separate them. Sayyiduna Mu'awiyah (may Allah be pleased with him) said: I will not separate two elders of Banu Abd Manaf. When they came to them, they found that the two had wrapped their clothes about themselves and had settled their affair between themselves.
(b) Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) says: Sayyiduna Mu'awiyah (may Allah be pleased with him) and I were arbiters, and we were told: If you see fit to separate them or to unite them, then give that decision.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14786
Abdullah bin Abbas (may Allah be pleased with them both) says: When the opinion of both agrees on separation or on union, then their decision is valid.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14787
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) says regarding: "If they both desire reconciliation, Allah will bring about harmony between them" [Surah al-Nisa: 35]: If the two intend reconciliation, Allah grants them success, meaning those who give the decision (the arbiters).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14788
Al-Harith narrates from Ali (may Allah be pleased with him) that when one arbiter gives a decision and the other does not accept it, their decision is not valid until the opinion of both is one.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14789
Husayn narrates from Imam al-Sha'bi (may Allah have mercy on him) that when a woman was disobedient to her husband, the case came to the court of Judge Shurayh (may Allah have mercy on him). Judge Shurayh (may Allah have mercy on him) appointed one arbiter from each side, and the two decided that the couple should be separated, but the man disliked this. Judge Shurayh (may Allah have mercy on him) said: Then whose decision are we to accept today? And the judge upheld the decision of the two.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14790
Isma'il bin Abi Khalid (may Allah have mercy on him) says: I heard al-Sha'bi (may Allah have mercy on him) saying: Whatever decision the arbiters give is valid, whether they separate the two or unite them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14791
Amr bin Murrah (may Allah have mercy on him) says: I asked Sa'id bin Jubayr (may Allah have mercy on him) about the two arbiters. He said: I did not live at that time. I said: I am only asking you about the two arbiters who are in the Book of Allah, meaning the Qur'an. He said: An arbiter is sent from his family and an arbiter from her family. They speak to one of the two and admonish him; if he comes back, well and good; otherwise they speak to the other and admonish him; if he comes back, well and good; otherwise the two arbiters give their decision, and whatever they decide is valid.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14792
Sayyiduna Qatadah (may Allah have mercy on him) narrates from Sayyiduna al-Hasan (may Allah have mercy on him) concerning: "Then appoint an arbiter from his family and an arbiter from her family" [Surah al-Nisa: 35], that the arbiters may bring the couple together, but they have no authority over separation.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14793