Jurisprudence and Juristic Principles

‘Urwah reported: ‘Ā'ishah (may Allah be pleased with her) said: "O my nephew, the Messenger of Allah (may Allah's peace and blessings be upon him) did not give preference to one of us over the other in terms of his division of the time he spent with us. Every day, except rarely, he used to visit all of us. He would come near each of his wives without having sexual intercourse with her, until he would reach the one whose turn was on that day and he would, thus, stay with her overnight. When Sawdah bint Zam‘ah became old and feared that the Messenger of Allah (may Allah's peace and blessings be upon him) might divorce her, she said: 'O Messenger of Allah, I give my day to ‘Ā’ishah.' The Messenger of Allah (may Allah's peace and blessings be upon him) accepted it from her. We believe that Allah, the Exalted, revealed about this incident or similar ones the verse: {If a wife fears cruelty or desertion on her husband's part...} [Sūrat An-Nisā':128]"

Abu Hurayrah (may Allah be pleased with him) reported: The Messenger of Allah (may Allah's peace and blessings be upon him) said: "A dinar you spent in the cause of Allah, a dinar you spent on a slave, a dinar you gave in charity to a needy person, and a dinar you spent on your family; the greatest in reward is the one you spent on your family."

‘Ā’ishah (may Allah be pleased with her) reported: The Messenger of Allah (may Allah’s peace and blessings be upon him) liked sweets and honey, and whenever he finished the ‘Asr prayer, he would visit his wives and stay closely with them, one after another. He once visited Hafsah and remained with her for longer than usual. I inquired about it, and it was said to me: ‘A woman from her tribe gifted her a leather vessel containing honey, and she gave some of it to the Messenger of Allah (may Allah’s peace and blessings be upon him) to drink.’ I said: "By Allah, we will play a trick on him." So I mentioned the story to Sawdah and said to her: "When he visits you, he will come near you, whereupon you should say to him: 'O Messenger of Allah, have you eaten Maghafīr (bad-smelling gum)?' He will say: 'No.' Then say to him: 'What about this smell then?' It was very hard on the Messenger of Allah (may Allah’s peace and blessings be upon him) that a bad smell would emit from him. He will say: 'Hafsah has given me a drink of honey.' Then say to him: 'Its bees must have sucked from ‘Urfut (a foul-smelling plant).' I too will tell him the same. And you, O Safiyyah, also say the same.’ When the Prophet (may Allah's peace and blessings be upon him) visited Sawdah, the following happened, as related by Sawdah, who said: 'By the One other than Whom there is no god, I was about to tell him what you had told me while he was still at the door, out of fear from you.’ But when the Messenger (may Allah's peace and blessings be upon him) came near her, she said to him: ‘O Messenger of Allah, have you eaten Maghāfīr?’ He replied: ‘No.’ ‘I said: 'What about this smell then?' He said: 'Hafsah has given me a drink of honey.' I said: 'Its bees must have sucked ‘Urfut.'’ When he visited me, I told him the same, and when he visited Safiyyah, she too said the same. When he visited Hafsah again, she said to him: ‘O Messenger of Allah, shall I give you a drink of it (the honey)?’ He said: ‘I have no desire for it.’ Sawdah said: ‘Glory be to Allah! By Allah, we have deprived him of it.’ I said to her: ‘Keep quiet!’”

‘Ā'ishah (may Allah be pleased with her) reported: Whenever the Prophet (may Allah's peace and blessings be upon him) intended to go on a journey, he would cast lots among his wives and would take the one on whom the lot fell. Once, before setting out for a battle, he drew lots among us and the lot fell to me; so I went with the Prophet, may Allah's peace and blessings be upon him; and that happened after the revelation of (the verse on) Hijāb.

Ibn ‘Abbās (may Allah be pleased with him) reported: The wife of Thābit ibn Qays came to the Prophet (may Allah's peace and blessings be upon him) and said: "O Messenger of Allah, I do not blame Thābit for any defect in his character or his religion, but as a Muslim, I dislike to act ungratefully." On that the Messenger of Allah (may Allah's peace and blessings be upon him) said (to her): "Will you give him his garden back?" She said: 'Yes.' Then the Messenger of Allah (may Allah's peace and blessings be upon him) said to Thābit: "Accept (to take back) the garden, and divorce her once."

Ibn ‘Abbās (may Allah be pleased with him) reported: The wife of Thābit ibn Qays was separated from her husband by a Khul‘ during the time of the Prophet (may Allah's peace and blessings be upon him). So the Prophet (may Allah's peace and blessings be upon him) ordered her to observe a waiting period of one menstrual cycle.

Ibn ‘Abbās (may Allah be pleased with him) reported: The (pronouncement) of three divorces during the lifetime of the Messenger of Allah (may Allah's peace and blessings be upon him) and that of Abu Bakr and two years of the caliphate of ‘Umar (was treated) as one. Then ‘Umar ibn al-Khattāb said: "Indeed, people hasten to a matter in which they used to act with deliberation. So if we would count them as three divorces," and he did that.

Ibn ‘Abbās (may Allah be pleased with him) reported: ‘Abd Yazīd — the father of Rukānah and his siblings — divorced Umm Rukānah and married a woman from Muzaynah. So the new wife came to the Prophet (may Allah's peace and blessings be upon him) and said: "He does not satisfy me except like this hair does — referring to a hair that she took from her head — so separate between me and him." So the Prophet (may Allah's peace and blessings be upon him) got angry and called Rukānah and his siblings. Then he said to those who were sitting with them: "Do you see that so-and-so resembles him in such-and-such?" meaning ‘Abd Yazīd, "and so-and-so resembles him in such-and-such?" They said: 'Yes.' Therefore, the Prophet (may Allah's peace and blessings be upon him) said to ‘Abd Yazīd: "Divorce her." So he did. Then he said: "Restore your wife, the mother of Rukānah and his siblings." He said: "I have divorced her thrice, O Messenger of Allah." He said: "I know; restore her." And he recited: {O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period.} [Sūrat At-Talāq: 1]

Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Three things are binding regardless of whether they were expressed seriously or jokingly: marriage, divorce, and restoration (of a divorcee)."

Abu Hurayrah (may Allah be pleased with him) reported: The Prophet (may Allah's peace and blessings be upon him) said: "Allah has forgiven my Ummah for the thoughts that come to their minds, unless they act upon them or utter them."

‘Amr ibn Shu‘ayb reported from his father that his grandfather said that the Messenger of Allah (may Allah’s peace and blessings be upon him) said: “The son of Adam cannot make a vow concerning what is not his; he cannot free a slave who is not his; and he cannot divorce a woman who is not his (wife).”

‘Ali (may Allah be pleased with him) reported: The Prophet (may Allah's peace and blessings be upon him) said: "There are three (people) whose actions are not recorded by the Pen: a sleeping person till he awakes, a boy till he reaches puberty, and a person with an unsound mind till he regains his sanity."

‘Imrān ibn Husayn (may Allah be pleased with him) reported that he was asked about a person who divorced his wife and then had intercourse with her without calling any witnesses to the divorce or the reunion. He said: "You divorced (in a manner that is) against the Sunnah and took back (in a manner that is) against the Sunnah. Call someone to bear witness to her divorce and to her reunion, and do not do that again."

Ibn ‘Umar (may Allah be pleased with him) said: "When the period of four months has passed, the husband should be put in prison so that he divorces his wife, but the divorce does not occur unless the husband himself declares it."

Sulaymān ibn Yasār said: "I have seen more than ten of the Companions of the Messengers of Allah (may Allah's peace and blessings be upon him); they all stopped the 'Mūli'."

Ibn ‘Abbās (may Allah be pleased with him) reported: The people of the pre-Islamic era of ignorance would practice Īlā' (take an oath not to have sexual intercourse with their wives) for a duration of one or two years. Then Allah timed the effective duration of this oath. So, for those who swear not to approach their wives for less than four months, the oath is not effective.

Ibn ‘Abbās (may Allah be pleased with him) reported: A man, who made Zhihār (pre-islamic form of divorce) against his wife yet had intercourse with her, went to the Prophet (may Allah's peace and blessings be upon him). He said: "O Messenger of Allah, I uttered Zhihār against my wife, then I had intercourse with her before atoning." He said: "What caused you to do that, may Allah have mercy upon you?" He said: "I saw her anklet in the moonlight." The Prophet (may Allah's peace and blessings be upon him) said: "Then do not approach her (have intercourse with her) until you do what Allah has ordered you to do (the atonement for Zhihār)."

Salamah ibn Sakhr (may Allah be pleased with him) reported: I was a man more given to sexual intercourse with women than others. When the month of Ramadan came, I feared lest I would have intercourse with my wife, and this would continue till the morning. So I swore that my wife would be as impermissible for me as my mother till the end of Ramadan. One night, however, when she was serving me, something of her was revealed, prompting me to jump upon her right away. In the morning, I went out to my people and informed them about this matter. I said: "Go along with me to the Messenger of Allah (may Allah's peace and blessings be upon him)." They said: "No, by Allah." So I went to the Prophet (may Allah's peace and blessings be upon him) and informed him of the matter. He said: "Did you really do it, Salamah?" I said: "I did it twice, O Messenger of Allah, I am content with the judgment of Allah. So take a decision about me as Allah revealed to you." He said: "Free a neck (a slave)." I said: 'By the One Who sent you with truth! I do not possess a neck other than this," striking the surface of my own neck. He said: "Then fast two consecutive months." I said: "Indeed, the very act I committed was because of fasting." He said: "Feed sixty poor people with a Wasq of dates." I said: "By the One Who sent you with truth! We passed the night hungry; there was no food in our house." He said: "Then go to the collector of Zakah of Banu Zurayq, and let him give it to you, and feed sixty poor people with a Wasq of dates, and you and your family eat the remaining dates." I came back to my people and said to them: "I found with you restriction and bad opinion, but I found with the Prophet (may Allah's peace and blessings be upon him) spaciousness and wise opinion. He has ordered me – or for me – to be given from your Zakah."

Hilāl ibn Umayyah accused his wife of committing adultery with Sharīk ibn Sahmā', the brother of Al-Barā ibn Mālik from the side of his mother. He was the first man who practiced Li‘ān in Islam. He swore oaths of Li‘ān against his wife, so the Messenger of Allah (may Allah's peace and blessings be upon him) said: "Watch her, if she gives birth to a white-complexioned child having straight hair and sore eyes, he is the son of Hilāl ibn Umayyah, but if she gives birth to a child with eyes that appear to have antimony in them, curly hair, and thin shanks, then he is the son of Sharīk ibn Sahmā'." He (the narrator) said: "I was informed that she gave birth to a child having eyes that appear to have antimony in them, curly hair, and thin shanks."

Ibn Shihāb reported that Sahl ibn Sa‘d As-Sā‘idi (may Allah be pleased with him) said to him: "‘Uwaymir al-‘Ajlāni went to ‘Āsim ibn ‘Adiyy al-Ansāri and asked: ‘O ‘Āsim, tell me, if a man sees his wife (sleeping) with another man, should he kill him, whereupon you will kill him (in retribution), or what should he do? O ‘Āsim, ask the Messenger of Allah (may Allah’s peace and blessings be upon him) about that.' ‘Āsim asked the Messenger of Allah (may Allah’s peace and blessings be upon him) about that, but the Prophet disliked the question and considered it disgraceful, which upset ‘Āsim. When he returned to his family, ‘Uwaymir went to him and said: ‘O ‘Āsim, what did the Messenger of Allah (may Allah’s peace and blessings be upon him) say to you?’ ‘Āsim replied: ‘You did not bring me any good. The Messenger of Allah (may Allah’s peace and blessings be upon him) disliked the question which I asked him.’ Thereupon, ‘Uwaymir said: ‘By Allah! I will not stop until I ask him about that.’ So, he went to the Messenger of Allah (may Allah’s peace and blessings be upon him) while he was amongst people, and said: ‘O Messenger of Allah, if a man finds another man (sleeping) with his wife, should he kill him, whereupon you will kill him (in retribution), or what should he do?’ The Messenger of Allah (may Allah’s peace and blessings be upon him) said: ‘Something has been revealed concerning you and your wife. So, go and bring her.’” Sahl said: "They both engaged in Li‘ān and I witnessed it along with the people in the Prophet’s presence. When they were done, ‘Uwaymir said: ‘O Messenger of Allah, If I kept her as a wife, It would mean that I fabricated a lie against her then.’ So, he pronounced divorce against her three times before the Messenger of Allah (may Allah’s peace and blessings be upon him) ordered him to do so.'” Ibn Shihāb added: “So it became a tradition to dissolve the marriage of those spouses who are involved in a case of Li‘ān.”