Allah, the Mighty and Majestic, says: "And it is not lawful for you to take back anything of what you have given them, unless both fear that they will not be able to keep within the limits of Allah. But if you fear that they will not keep within the limits of Allah, then there is no sin on either of them concerning that (wealth) with which the woman ransoms herself (to free herself)." [Surah al-Baqarah: 229]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / Q14836
Sayyidah Habibah bint Sahl (may Allah be pleased with her) narrates that she was married to Thabit bin Qays bin Shammas (may Allah be pleased with him). The Messenger of Allah (peace and blessings be upon him) went out for the dawn (Fajr) prayer and found Habibah bint Sahl at his door in the darkness. The Messenger of Allah (peace and blessings be upon him) asked: "Who is this?" She said: "Habibah bint Sahl." He asked: "What is the matter with you?" She said: "I and my husband Thabit cannot stay together." When Thabit bin Qays (may Allah be pleased with him) came, the Messenger of Allah (peace and blessings be upon him) said to him: "This is Habibah bint Sahl; she has mentioned what Allah willed her to mention." Habibah said: "O Messenger of Allah (peace and blessings be upon him), all the wealth he gave me is with me." So he (peace and blessings be upon him) said: "Thabit, take the wealth from her." So he took it, and she went to stay with her family.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14836
Amrah (may Allah have mercy on her) narrates that Sayyidah Habibah bint Sahl (may Allah be pleased with her) came to the Prophet (peace and blessings be upon him) in the darkness to complain, and she was showing something on her body. She said: I and Sayyiduna Thabit (may Allah be pleased with him) cannot stay together. The Messenger of Allah (peace and blessings be upon him) said: "O Thabit, take your wealth." So he took his wealth, and she went to stay at her home.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14837
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said that the wife of Thabit bin Qays came to the Prophet (peace and blessings be upon him) and said: O Messenger of Allah (peace and blessings be upon him), I do not find fault with Thabit in his religion or character, but I dislike ingratitude in Islam. He (peace and blessings be upon him) asked: "Will you return his garden to him?" She said: Yes. He (peace and blessings be upon him) said: "Thabit, take back your garden and divorce her once."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14838
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said that the wife of Thabit bin Qays bin Shammas came to the Messenger of Allah (peace and blessings be upon him) and said: O Messenger of Allah (peace and blessings be upon him), I do not find fault with Thabit in his religion or character; rather, I do not like ingratitude in Islam. He (peace and blessings be upon him) asked: "Will you return his garden to him?" The woman said: Yes. So he (peace and blessings be upon him) ordered her to return the garden and separated the two of them.
(b) It is narrated through Qurad Abu Nuh that the woman returned the garden, and he (peace and blessings be upon him) ordered that she be separated.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14840
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said that Jamilah bint al-Salul came to the Prophet (peace and blessings be upon him), intending to seek khul'. He (peace and blessings be upon him) asked: "What was your dowry (mahr)?" The woman said: A garden. He (peace and blessings be upon him) said: "Return his garden to him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14841
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said that Jamilah bint al-Salul (may Allah be pleased with her) came to the Prophet (peace and blessings be upon him) and said: May my father and mother be sacrificed for you! I do not find fault with Thabit bin Qays bin Shammas (may Allah be pleased with him) in his religion or character, but I cannot bear him because of my aversion (to him), and I dislike ingratitude in Islam. He (peace and blessings be upon him) asked: "Will you give him back his garden?" She said: Yes. He (peace and blessings be upon him) ordered: "Take back the wealth you gave, and do not take more."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14842
Abu Nasr Abd al-Wahhab bin Ata (may Allah have mercy on him) said: I asked Sa'id (may Allah have mercy on him) about a man who wants to grant khul' by demanding back more wealth (than he gave). He related that Qatadah (may Allah have mercy on him) narrates from Ikrimah (may Allah have mercy on him) that Jamilah bint al-Salul (may Allah be pleased with her) came to the Messenger of Allah (peace and blessings be upon him) and said: My husband is Thabit bin Qays (may Allah be pleased with him); I do not find fault with him. The Messenger of Allah (peace and blessings be upon him) separated the two of them, and he (peace and blessings be upon him) said: "Take back what you gave, but do not take more." Sa'id (may Allah have mercy on him) said: Ayyub (may Allah have mercy on him) narrated from Ikrimah (may Allah have mercy on him) the like of what Qatadah narrated, except that he said: I do not remember the words 'la tazdad' (do not take more).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14843
Ibn Jurayj narrates from Ata (may Allah have mercy on him) that a woman came and complained to the Prophet (peace and blessings be upon him) about her husband. He (peace and blessings be upon him) asked: "Will you return his garden to him?" She said: Yes, and I will give something more as well. He (peace and blessings be upon him) said: "Not more."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14844
Ata (may Allah have mercy on him) said that a woman said to the Prophet (peace and blessings be upon him): "I hate my husband and I want separation." He (peace and blessings be upon him) said: "Will you return the garden that he gave you as dowry (mahr)?"
The narrator said that her dowry was a garden. She said: "Yes, and I will give him more than that as well." He (peace and blessings be upon him) said: "The extra is your own wealth; just return the garden." She said: "Very well," and he (peace and blessings be upon him) gave his judgment. When he (the husband) was informed of the judgment of the Prophet (peace and blessings be upon him), he said: "I accept the judgment of the Prophet (peace and blessings be upon him)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14845
Ibn Jurayj (may Allah have mercy on him) narrates from Ata (may Allah have mercy on him) that it reached him from the Prophet (peace and blessings be upon him) that he (peace and blessings be upon him) said: "No more than what was given should be taken from a woman who seeks khul'."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14846
Ibn Jurayj (may Allah have mercy on him) narrates from Ata (may Allah have mercy on him) that the Prophet (peace and blessings be upon him) disliked taking more than what had been given from a woman who seeks khul'.
Ahmad bin Hanbal said that Waki' said: I asked Ibn Jurayj about it, and he did not recognise it and rejected it. The Shaykh (al-Bayhaqi) said: It seems he rejected it only with this wording, for the hadith is with the wording that Ibn al-Mubarak and others narrated; and Allah knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14847
أَخْبَرَنَا أَبُو بَكْرِ بْنُ الْحَارِثِ الْفَقِيهُ، أَنَا أَبُو الشَّيْخِ الْأَصْبَهَانِيُّ، نا عَبْدُ اللهِ بْنُ مُحَمَّدٍ، نا أَبُو زُرْعَةَ، نا عَمْرٌو النَّاقِدُ، نا الْوَلِيدُ بْنُ مُسْلِمٍ، فَذَكَرَهُ وَهَذَا غَيْرُ مَحْفُوظٍ وَالصَّحِيحُ بِهَذَا الْإِسْنَادِ مَا تَقَدَّمَ مُرْسَلًا.
Ata narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that a man brought his dispute with his wife to the Prophet (peace and blessings be upon him). The Prophet (peace and blessings be upon him) said: "Will you return his garden to him?" She said: The garden, and I will give more as well. So the Prophet (peace and blessings be upon him) forbade giving more.
This is not preserved (ghayr mahfuz); what is correct with this chain is what preceded as mursal.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14848
Abu al-Zubayr (may Allah have mercy on him) said that Zaynab bint Abdullah bin Ubayy bin Salul (may Allah be pleased with her) was married to Sayyiduna Thabit bin Qays bin Shammas (may Allah be pleased with him). Her dowry (mahr) was a garden. She disliked her husband, so the Prophet (peace and blessings be upon him) said: "Will you return the garden he gave you?" She said: The garden, and I will give something more as well. The Prophet (peace and blessings be upon him) said: "Return only the garden, not more." She said: Yes. So the husband took the garden from her and she was let go (divorced). When Sayyiduna Thabit bin Qays bin Shammas (may Allah be pleased with him) learned of the judgment of the Prophet (peace and blessings be upon him), he accepted it.
Abu al-Zubayr heard it from more than one person, and this too is mursal.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14849
Sayyiduna Abu Sa'id (may Allah be pleased with him) said: My sister wanted to seek khul' from her husband, so she came with her husband to the Prophet (peace and blessings be upon him) and mentioned it before the Prophet (peace and blessings be upon him). He (peace and blessings be upon him) said: "Will you return his garden to him so that he divorces you?" She said: Yes, and I will give more as well. He (peace and blessings be upon him) said a second time: "Will you return his garden to him so that he divorces you?" The woman said: I will give more as well. He (peace and blessings be upon him) said it a third time, and the woman said: Yes, and I will give more still. So he granted her khul', and she gave the garden and something more to her husband.
The mursal hadith is more authentic.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14850
أَخْبَرَنَا أَبُو بَكْرِ بْنُ الْحَارِثِ، أنا عَلِيُّ بْنُ عُمَرَ الْحَافِظُ، نا أَحْمَدُ بْنُ الْعَبَّاسِ الْبَغَوِيُّ، نا أَحْمَدُ بْنُ مَنْصُورٍ، نا حَبَّانُ بْنُ هِلَالٍ، نا هَمَّامٌ، عَنْ مَطَرٍ، عَنْ ثَابِتٍ، عَنْ عَبْدِ اللهِ بْنِ رَبَاحٍ، أَنَّ عُمَرَ رَضِيَ اللهُ عَنْهُ قَالَ فِي الْمُخْتَلِعَةِ " تَخْتَلِعُ بِمَا دُونَ عِقَاصِ رَأْسِهَا ".
Abdullah bin Rabah (may Allah have mercy on him) said that Sayyiduna Umar (may Allah be pleased with him) said: The woman seeking khul' may take khul' for (anything) short of the band that ties her hair.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14851
Ayyub al-Sakhtiyani (may Allah have mercy on him) said: Kathir, the freed slave of Samurah (may Allah be pleased with him), told me that during the caliphate of Sayyiduna Umar (may Allah be pleased with him) a woman rebelled against her husband, so Umar ordered that she be put in a house full of dung. She stayed there for three days; then he brought her out and asked her: How did you find it? She said: I have found rest only in these days. Sayyiduna Umar (may Allah be pleased with him) said: Grant her khul', even if only in exchange for her earring.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14852
Abdullah bin Shihab al-Khawlani (may Allah have mercy on him) said that a woman's husband divorced her in exchange for one thousand dirhams. The matter was brought to Umar (may Allah be pleased with him), and he said: Your husband has sold you a divorce as a sale. And Umar (may Allah be pleased with him) upheld it.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14853
أَخْبَرَنَا أَبُو بَكْرِ بْنُ الْحَسَنِ، نا أَبُو الْعَبَّاسِ مُحَمَّدُ بْنُ يَعْقُوبَ أنا الرَّبِيعُ، أنا الشَّافِعِيُّ، أنا مَالِكٌ، ح، وَأنا أَبُو أَحْمَدَ الْمِهْرَجَانِيُّ، أنا أَبُو بَكْرِ بْنُ جَعْفَرٍ الْمُزَكِّي، نا مُحَمَّدُ بْنُ إِبْرَاهِيمَ، نا مَالِكٌ، عَنْ نَافِعٍ، عَنْ مَوْلَاةٍ لِصَفِيَّةَ بِنْتِ أَبِي عُبَيْدٍ، امْرَأَةِ عَبْدِ اللهِ بْنِ عُمَرَ " أَنَّهَا اخْتَلَعَتْ مِنْ زَوْجِهَا بِكُلِّ شَيْءٍ لَهَا فَلَمْ يُنْكِرْ ذَلِكَ عَبْدُ اللهِ بْنُ عُمَرَ رَضِيَ اللهُ عَنْهُمَا ".
Nafi' narrates from a freed slave-woman of Safiyyah bint Abi Ubayd, the wife of Abdullah bin Umar (may Allah be pleased with them both), that she took khul' from her husband in exchange for everything she owned, and Abdullah bin Umar (may Allah be pleased with them both) did not object to that.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14855
Sayyidah Rubayyi' bint Mu'awwidh bin Afra' (may Allah be pleased with her) said: I married a cousin of mine. He caused me hardship and I caused him hardship; he troubled me and I troubled him. I brought a complaint against him to Sayyiduna Uthman (may Allah be pleased with him); he wronged me and I wronged him, and he was harsh with me and I with him. Then a word slipped from me: I ransom myself with all my wealth. He said: I accept. Sayyiduna Uthman (may Allah be pleased with him) said: Take from her. She said: So I handed over to him all my belongings except my clothes and my bedding. He said: I am not satisfied, and he brought a complaint against me to Sayyiduna Uthman (may Allah be pleased with him). When we came near him, he said: O Commander of the Believers, the condition is binding. Sayyiduna Uthman (may Allah be pleased with him) said: Yes; take from her all her belongings, even the band that ties her hair. She said: So I went and handed everything over to him, until I shut the door between me and him.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب القسم والنشوز / 14856