Sunan Abi Dawud

Regarding Az-Zihar

Abu Dawud said “I heard Muhammad bin Isa narrating this tradition who said Mu’tamar narrated it to us. And he (Mu’tamar) said “ I heard Al Hakam bin Aban narrating this tradition. He did not mention the name of Ibn ‘Abbas. Abu Dawud said “Al Hussain bin Huraith wrote to me saying “Al Fadl bin Musa narrated from Ibn ‘Abbas to the same effect from the Prophet(ﷺ).

Regarding Khul'

Narrated Thawban: The Prophet (ﷺ) said: If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her.

Regarding Khul'

Amrah, daughter of 'Abd al-Rahman ibn Sa'd ibn Zurarah, reported on the authority of Habibah, daughter of Sahl al-Ansariyyah: She (Habibah) was the wife of Thabit ibn Qays ibn Shimmas. The Messenger of Allah (ﷺ) came out one morning and found Habibah by his door. The Messenger of Allah (ﷺ) said: Who is this? She replied: I am Habibah, daughter of Sahl. He asked: What is your case? She replied: I and Thabit ibn Qays, referring to her husband, cannot live together. When Thabit ibn Qays came, the Messenger of Allah (ﷺ) said to him: This is Habibah, daughter of Sahl, and she has mentioned (about you) what Allah wished to mention. Habibah said: Messenger of Allah, all that he gave me is with me. The Messenger of Allah (ﷺ) said to Thabit ibn Qays: Take it from her. So he took it from her, and she lived among her people (relatives).

Regarding Khul'

Narrated Aisha, Ummul Mu'minin: Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to the Prophet (ﷺ) after morning, and complained to him against her husband. The Prophet (ﷺ) called on Thabit ibn Qays and said (to him): Take a part of her property and separate yourself from her. He asked: Is that right, Messenger of Allah? He said: Yes. He said: I have given her two gardens of mine as a dower, and they are already in her possession. The Prophet (ﷺ) said: Take them and separate yourself from her.

Regarding Khul'

Narrated Abdullah ibn Abbas: The wife of Thabit ibn Qays separated herself from him for a compensation. The Prophet (ﷺ) made her waiting period a menstrual course. Abu Dawud said: This tradition has been transmitted by 'Abd al-Razzaq from Ma'mar from 'Amr b. Muslim from 'Ikrimah from the Prophet (ﷺ) in a mursal form (i.e. missing the link of the Companion).

Regarding Khul'

Ibn ‘Umar said “The waiting period of a woman who separates herself from her husband for compensation is a menstrual period.”

Regarding A Slave Woman Who Was Married To Slave A Or Free Man And Then Freed

Ibn ‘Abbas said “Mughith was a slave.” He said “Messenger of Allaah (ﷺ) make intercession for me to her (Barirah)”. The Messenger of Allaah (ﷺ) said “O Barirah fear Allaah. He is your husband and father of your child”. She said “Messenger of Allaah (ﷺ) do you command me for that? He said No, I am only interceding. Then tears were falling down on his (her husband’s) cheeks. The Messenger of Allaah (ﷺ) said to ‘Abbas “Are you not surprised with the love of Mughith for Barirah and her hatred for him.”

Regarding A Slave Woman Who Was Married To Slave A Or Free Man And Then Freed

Ibn ‘Abbas said “The husband of Barirah was a black slave called Mughith. The Prophet (ﷺ) gave her choice and commanded her to observe the waiting period.”

Regarding A Slave Woman Who Was Married To Slave A Or Free Man And Then Freed

While relating the tradition about Barirah A’ishah said “her husband was a slave, so the Prophet(ﷺ) gave her choice. She chose herself. Had he been a free man, he would not given her choice.”

Regarding A Slave Woman Who Was Married To Slave A Or Free Man And Then Freed

A’ishah said “The Prophet (ﷺ) gave her choice. Her husband was a slave.”

Who So Said That He Was A Free Man

A’ishah said “Barirah’s husband was a free man when she was emancipated. She was given choice. She said “I do not like to remain with him. I have such and such (grievances)”

When Will She Have Such An Option ?

Narrated Aisha, Ummul Mu'minin: Barirah was emancipated, and she was the wife of Mughith, a slave of Aal AbuAhmad. The Messenger of Allah (ﷺ) gave her choice, and said to her: If he has intercourse with you, then there is no choice for you.

If Two Slaves Are Set Free Together, Does The Wife Have The Option ?

Al-Qasim said: Aisha intended to set free two slaves of her who were spouses. She, therefore, asked the Prophet (ﷺ) about this matter. He commanded to begin with the man before the woman. The narrator Nasr said: Abu 'Ali al-Hanafi reported it to me on the authority of Ubaydullah.

If One Of The Two Who Are Married Accepts Islam

Narrated Abdullah ibn Abbas: A man came after embracing Islam during the time of the Messenger of Allah (ﷺ). Afterwards his wife came after embracing Islam. He said: Messenger of Allah, she embraced Islam along with me; so restore her to me.

If One Of The Two Who Are Married Accepts Islam

Narrated Abdullah ibn Abbas: A woman embraced Islam during the time of the Messenger of Allah (ﷺ); she then married. Her (former) husband then came to the Prophet (ﷺ) and said: Messenger of Allah, I have already embraced Islam, and she had the knowledge about my Islam. The Messenger of Allah (ﷺ) took her away from her latter husband and restored her to her former husband.

Up Till When Will She Be Returned To Her Husband If He Accepts Islam After Her ?

Narrated Abdullah ibn Abbas: The Messenger of Allah (ﷺ) restored his daughter Zaynab to Abul'As on the basis of the previous marriage, and he did not do anything afresh. Muhammad b. 'Amr said in his version: After six years. Al-Hasan b. 'Ali said: After two years.

Regarding A Man Who Was Married To More Than Four Women, Or To Two Sisters, And Then He Accepts Islam

Narrated Al-Harith ibn Qays al-Asadi: I embraced Islam while I had eight wives. So I mentioned it to the Prophet (ﷺ). The Prophet (said) said: Select four of them. Abu Dawud said: This tradition has also been narrated to us by Ahmad b. Ibrahim from Hushaim. He said: Qais b. al-Harith instead of al-Harith b. Qais. Ahmad b. Ibrahim said: This is correct, i.e. Qais b. al-Harith.

Regarding A Man Who Was Married To More Than Four Women, Or To Two Sisters, And Then He Accepts Islam

The tradition mentioned above has also been transmitted by Qais bin Al Harith through a different chain of narrators to the same effect.

Regarding A Man Who Was Married To More Than Four Women, Or To Two Sisters, And Then He Accepts Islam

Al-Dahhak b. Firuz reported on the authority of his father: I said: Messenger of Allah, I have embraced Islam and two sisters are my wives. He said: Divorce any one of them you wish.

If One Of The Parents Accepts Islam, Who Is The Child Given To ?

'Abd al-Hamid ibn Ja'far reported from his father on the authority of his grandfather Rafi' ibn Sinan that he (Rafi' ibn Sinan) embraced Islam and his wife refused to embrace Islam. She came to the Prophet (ﷺ) and said: My daughter; she is weaned or about to wean. Rafi' said: My daughter. The Prophet (ﷺ) said to him: Be seated on a side. And he said to her: Be seated on a side. He then seated the girl between them, and said to them: Call her. The girl inclined to her mother. The Prophet (ﷺ) said: O Allah! guide her. The daughter then inclined to her father, and he took her.

Regarding Li'an (Mutual Cursing)

Sahl bin Sa’ad Al Sa’idi said that ‘Uwaimir bin Ashqar Al Ajilani came to ‘Asim bin Adl and said to him “Asim tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act? Ask the Messenger of Allaah(ﷺ) ‘Asim, for me about it. ‘Asim then asked the Messenger of Allaah(ﷺ) about it. The Messenger of Allaah(ﷺ) disliked the question and denounced it. What ‘Asim heard from the Messenger of Allaah(ﷺ) fell heavy on him. When ‘Asim returned to his family ‘Uwaimr came to him and asked ‘Asim “What did the Messenger of Allaah(ﷺ) say to you”? Asim replied “You did not do good to me”. The Messenger of Allaah(ﷺ) disliked the question that I asked him. Thereupon ‘Uwaimir said “I swear by Allaah, I shall not leave until I ask him about it. So, ‘Uwaimir came to the Messenger of Allaah(ﷺ) while he was sitting in the midst of the people.” He said “Messenger of Allaah(ﷺ) tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act?” The Messenger of Allaah(ﷺ) said “A revelation has been sent down about you and your wife so go away and bring her. Sahl said “So we cursed one another while I was along with the people who were with the Messenger of Allaah(ﷺ). Then when they finished, ‘Umamir said “I shall have lied against her, Messenger of Allaah(ﷺ) if I keep her. He pronounced her divorce three times before the Messenger of Allaah(ﷺ)commanded him (to do so). Ibn Shihab said “Then this became the method of invoking curses.”

Regarding Li'an (Mutual Cursing)

‘Abbas bin Sahl reported on the authority of his father “The Prophet (ﷺ) said to ‘Asim bin ‘Adl. Keep the woman with you till she begets the child.

Regarding Li'an (Mutual Cursing)

Sahl bin Sa’d Al Sa’idi said “I attended the invoking of the curses with the Messenger of Allah (ﷺ) when I was fifteen. He then narrated the rest of the tradition. In this version he said “She then came out pregnant and the child was ascribed to its mother.

Regarding Li'an (Mutual Cursing)

Sahl bin Sa’ad reported the Messenger of Allaah(ﷺ) as saying - in the tradition of spouses who invoked curses to each other “Look if she bears a child which has very black eyes, large buttocks, I cannot but imagine that he (i.e., ‘Uwaimir) has spoken the truth. But, if she bears a reddish child like the lizard with red spots (waharah), I cannot imagine that ‘Uwaimir has lied against her. She gave birth to a child (like that described the Prophet (ﷺ) ) in a detestable manner.

Regarding Li'an (Mutual Cursing)

The tradition mentioned above has also been transmitted by Sahl bin Sa’d Al Sa’idi through a different chain of narrators. This version adds the child was attributed to its mother.