The Book of Marriage, Breastfeeding, Divorce, Mutual Oath-Swearing, and Manumission-04b

The reciter: Abu Bakr ibn Abi Shaybah and 'Amr al-Naqqad narrated to us, and the wording is that of 'Amr. They said: Sufyan narrated to us from al-Zuhri from 'Urwah from 'A'ishah, who said: .

The Shaykh : The title of this chapter is... regarding his statement "The Book of Divorce." Divorce is the separation of the wife by specific words, namely anything that indicates divorce, separation, dismissal, or the like. The original ruling on divorce is that it is disliked (makruh). This is the default because it forfeits the great benefits that follow from marriage, so it is disliked. The hadith is weak and does not hold up in terms of meaning, because if it were hateful to Allah, it would be forbidden (haram). It is not appropriate to say "the most hateful of lawful things to Allah," because lawful things do not contain hatred for Allah (Mighty and Majestic). However, the default is that divorce is disliked, but sometimes it is obligatory, sometimes it is recommended, and sometimes it is disliked. The default is dislike, and it becomes forbidden if it is an innovative divorce (talaq bid'ah), such as divorcing her while she is menstruating or in a state of purity in which he had intercourse with her, provided her pregnancy has not become apparent. It becomes obligatory if he takes an oath to abstain from his wife (ila'), for he is given four months. Then, when the time is up, he is told: either return to her or divorce her. If he refuses to divorce and refuses to return, the judicial authority (hakim shar'i) divorces her on his behalf. It becomes recommended if the wife asks him to divorce her and he knows that her request has a valid basis, and that it does not arise from anger or emotional reaction, because a woman sometimes experiences states that make her dislike her husband, either in the early stages of pregnancy or during menstruation, and she asks for divorce. But if he knows that she is asking for divorce out of a need that he recognizes as a genuine need, it is recommended for him to divorce her in order to remove her distress and fulfill her need, provided that no harm (mafsadah) results from it. So here we say: even if she asks, he does not divorce, as in the case where there are children between them and he fears that the children will be neglected due to the divorce. In this case, he does not agree with her; rather, he endures and encourages her to stay, and he gives her what she wants if there is no harm to him in doing so. Thus, it is disliked, and it is obligatory...? It is forbidden, and it is permissible out of need. It is permissible out of need if a person needs to divorce, he divorces and there is no blame on him. The need is knowing that the situation does not work between them, and that she is pleased one day and not pleased another, or he also loves her one day and does not love her another. If he knows that there is a need for divorce, he divorces and there is no blame on him. As for the hadith mentioned by the author, the statement of Fatimah, the wife of Rafi', to the Prophet (peace and blessings be upon him), saying: "When I was with Rafi', he divorced me with a final divorce," the meaning of her statement "he divorced me with a final divorce" is that it was the last of the divorces, and that he had divorced her twice before. It is not meant that he said "you are divorced absolutely" (al-battah), no, because this was not known in their time. But the meaning is that he divorced her with the third of the three divorces. This is the meaning of her statement "he divorced me with a final divorce." And she married 'Abd al-Rahman ibn al-Zubayr, not ibn al-Zubayr as some people pronounce it in unvocalized copies. He says: "And what is with him," meaning "and what is with him," and she points to his organ, "is like the tassel of a garment." She said "with her garment" like this, yes. This means that he does not have intercourse. The Messenger of Allah (peace and blessings be upon him) smiled due to his good character (peace and blessings be upon him). Otherwise, he is the greatest of people, and this woman said this in his presence. But he (may the prayers and peace of Allah be upon him) was forbearing, broad-chested, and of good character. He smiled because such a thing is not said; that is, a woman does not say it, not even in the presence of women, so how could she say it in the presence of the Prophet (peace and blessings be upon him) and in the presence of whom? Abu Bakr (may Allah be pleased with him). He said: "Do you wish to return to Rafi'?" The answer is yes, she wants this. He said: "No, not until you taste his fluid and he tastes your fluid." This is through intercourse. Is it a condition that the second husband ejaculates? No, it is not a condition, because the fluid (a'silah) occurs without ejaculation, although its completion does not occur except with ejaculation, but it is not a condition according to the stronger opinion. She said: "Abu Bakr was with him, and Khalid was at the door waiting to be admitted. He called out: 'O Abu Bakr, do you not hear what this woman is saying loudly in the presence of the Messenger of Allah (peace and blessings be upon him)?" It was as if he was criticizing her.