Aisha bint Abi Bakr · Divorce (Kitab Al-Talaq)

Ibn Abbas said: There remained one more pronouncement of divorce for you. The Messenger of Allah (ﷺ) took the same decision. Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock. Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan. Abu Dawud said:…

‘Abd Allah bin Ka’b reported “I heard Ka’ab bin Malik. He then narrated his story about the battle of Tabuk.(Narrating the story) he added “When forty out of fifty days passed”, the messenger of the Apostle of Allaah(ﷺ) came and said “The Apostle of Allaah(ﷺ) has commanded you to keep away from your wife. He said “So, I (Ka’b bin Malik)” said “Should I divorce her or what should I do? He said “No, but only keep away from her…

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…

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.”

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

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)”

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.

The tradition mentioned above has also been transmitted by Muhammad bin Rashid through a different chain of narrators to the same effect. This version adds “he is the child of fornication for the people of his mother whether she was free or a slave. This attribution of a child to the parents was practiced in the beginning of Islam. The property divided before Islam will not be taken into account.

Khalil or Ibn Khalil said “A woman was brought to Ali bin Abi Talib(may Allaah be pleased with him). She bore a child from intercourse of three persons. The narrator transmitted the rest of the tradition similar to the previous one. But in this version he did not mention “Yemen” and the Prophet (ﷺ) and his words “give the child willingly.”

Do not confuse us about his Sunnah. Ibn al-Muthanna said: The Sunnah of our Prophet (ﷺ) is that the waiting period of a slave-mother whose husband has died is four months and ten days.