Benefits of the Hadith: (That the wife of Thabit ibn Qays came to the Prophet (peace and blessings be upon him) and said: O Messenger of Allah!)

The Shaykh : Now, this hadith contains several benefits:
First: It is the basis for khul' (divorce at the wife's request for compensation) from the Sunnah. As for the Qur'an, the basis is the saying of Allah the Exalted: This is in the Qur'an; this is the basis in the Qur'an. In the Sunnah, it is this hadith.
And among the benefits of this hadith: It is permissible for a woman to request divorce if she cannot bear to remain with her husband. The evidence is that the woman stated that she could not bear to remain with him, otherwise she would not have found fault with him in his character or his religion. Accordingly, the hadith: , is not contradictory to the hadith of the wife of Thabit, because the wife of Thabit requested divorce due to a harm, not for a reason other than harm?
The student: Due to a harm.

The Shaykh : Due to a harm.
Now, and among the benefits of this hadith: The permissibility of a woman requesting divorce or khul' due to the bad character of her husband. Where is this derived from?
From her saying: : This indicates that it is customary that if a man's character is faulted, it is permissible to request divorce.
And also among the benefits: The permissibility of a woman requesting divorce if she is not pleased with her husband's religion, if she is not pleased with the husband's religion. For example, if she marries him thinking he is a righteous man, then it becomes clear that he is not righteous, either because he does not care about prayer, or because he drinks intoxicants, may Allah protect us, or for other reasons. In this case, she may request divorce due to the badness of his religion. But we must know that there is a detail in this:
If she dislikes his religion, it may be that he is an apostate. In that case, the marriage is annulled whether she wills it or not, may Allah protect us. For example, if he abandons prayer. If he abandons prayer finally, then we do not need for her to demand it. Why?
Because the marriage is annulled by his apostasy alone, until he returns to Islam before the expiration of the waiting period. If he returns to Islam before the expiration of the waiting period, the scholars differed on this: Is the contract renewed anew, or is she at her option to return to him without a contract? And this is the correct view.
The correct view is that if the husband becomes an apostate, may Allah protect us, the marriage is annulled without an annulment agent. Then, if he returns to Islam before the expiration of the waiting period, she is his wife and she has no option. If the waiting period expires before he returns to Islam, she is at her option according to the correct view, because the Messenger of Allah (peace and blessings be upon him) returned his daughter Zaynab to Abu al-As ibn al-Rabi' after about six years.
As for the well-known view in the school of jurisprudence, if the waiting period expires, there is no return except with a new contract.
And among the benefits of this hadith: It is prudence for a person to take precautions against what he expects of harm. Where is this derived from?
From her saying: She feared this, so she took precautions and prepared for protection from this evil.
And among the benefits, shall we stop?
The student: We continue, O Shaykh.

The Shaykh : And among the benefits of this hadith: The frankness of the Companions, men and women. Because the wife of Thabit ibn Qays proceeded with this action, which many women might be shy to do, but she proceeded with it.
And among its benefits also: A person is not blamed if he does such an action, even if it may be criticized. But as long as the Lawgiver has made this action permissible for him, he is not blamed for it.
Except that actions and movements that contradict manliness, a wise person should not dare to do them.
And among the benefits of this hadith: If a woman requests annulment from her husband for a reason, the husband has the right to demand the mahr (bridal gift) that he gave her, based on the saying of the Prophet (peace and blessings be upon him): ?
If she had the right to annulment merely because she disliked her husband, the Prophet (peace and blessings be upon him) would not have offered that to her. He called her husband and annulled the marriage. But the husband must be compensated for what was taken from him, is that not so? If his wife is taken from him, let him be compensated. As for his wife being taken from him without compensation, that contains some injustice.
Now, and his saying: What do you think if the husband requests more than the mahr he gave her? Does he have the right to that or not?
There are two opinions among the scholars on this:
The first opinion: He has the right to that, because the right is his, and because his wife will be taken from his hands, so he may refuse except for compensation more than what he gave her. And because he may have married her when mahr was low, and now mahr is high. If he does not increase beyond the mahr he gave her, he will not find a wife. These scholars argued with the saying of Allah the Exalted: : And this is a relative pronoun, and the relative pronoun is general, so it includes the little and the much.
And some scholars held that he does not increase beyond what he gave her, because the mahr he gave her, what was its actual compensation?
The permissibility of the private parts and enjoyment of them. For this reason, the Prophet (peace and blessings be upon him) said: , and because in the hadith of the wife of Thabit, the Messenger said: , and do not increase. And the rest of the discussion on this will come, if Allah wills.
From the preceding benefits of the hadith of Ibn Abbas in the chapter of khul', we mentioned the benefits. Now, read them to us. Read them to us. Do you have them? Yes?
The student: Benefits of the hadiths:
First: The hadith is the basis for khul' from the Sunnah. As for the Qur'an, the basis is the saying of Allah the Exalted: .
Second: It is permissible for a woman to request divorce.

The Shaykh : No, is that what you have? We mentioned this?
The student: Yes.

The Shaykh : And did we not mention the whole verse?
The student: The whole verse.
Another student: Second: It is permissible for a woman to request divorce if she cannot bear to remain with her husband. The evidence is that the woman stated that she could not bear to remain with him, otherwise she would not have found fault with him in his character or his religion. Accordingly, the hadith: , is not contradictory to this hadith, the hadith of the wife of Thabit, because the wife of Thabit requested divorce due to a harm.
Third: The permissibility of a woman requesting divorce or khul' due to the bad character of the husband is derived from her saying: This indicates that it is customary that if a man's character is faulted, it is permissible to request divorce from him.
Fourth: The permissibility of a woman requesting divorce if she is not pleased with her husband's religion. For example, she marries him thinking he is a righteous man, then it becomes clear to her that he is not righteous, either because of not caring about prayer, or drinking intoxicants, may Allah protect us, or otherwise. In this case, she may request divorce due to the badness of his religion. But we must know that there is a detail in this:
If she dislikes his religion, it may be that he is an apostate. In that case, the marriage is annulled whether she wills it or not, may Allah protect us. For example, if he abandons prayer. If he abandons prayer finally, then we do not need for her to demand it, because the marriage is annulled by his apostasy alone, until he returns to Islam before the expiration of the waiting period. If he returns to Islam before the expiration of the waiting period, or the scholars differed on this!

The Shaykh : After, after the expiration of the waiting period, be patient. If he returns to Islam!
The student: If he returns to Islam before the expiration of the waiting period!

The Shaykh : After the expiration of the waiting period. You mentioned before the expiration!
The student: After the expiration of the waiting period.

The Shaykh : Correct it, correct it. It is like this with you!
The student: It is like this on the tape.

The Shaykh : Before?!
The student: Yes, yes.

The Shaykh : After, after. Yes, correct it.
The student: If he returns to Islam after the expiration of the waiting period, the scholars differed on this: Is the contract renewed anew, or is she at her option? If she wishes, renew the contract anew, or is she at her option?

The Shaykh : And what, how, if she wishes!
The student: If she wishes, renew the contract anew.

The Shaykh : No, if she wishes, she returns.
The student: Or is she at her option? If she wishes, renew the contract anew, or is she at her option? If she wishes, she returns with a contract. And this is the correct view.

The Shaykh : This does not make sense. Or is she at her option? If she wishes, she returns to him without a contract. Is it like this with you?
The student: No.

The Shaykh : Without a contract, with a new contract. There is no problem even according to the first opinion. Yes.
The student: The correct view is that if the husband becomes an apostate, may Allah protect us, the marriage is annulled without annulment. Then, if he returns to Islam before the expiration of the waiting period, she is his wife and she has no option. If the waiting period expires before he returns to Islam, she is at her option according to the correct view.

The Shaykh : But this is it. This is the summary. Yes?
The student: Because the Messenger of Allah (peace and blessings be upon him) returned his daughter Zaynab to Abu al-As ibn al-Rabi' after about six years.
The well-known position in the school of thought is that once the waiting period has ended, there is no taking back of the wife except through a new marriage contract. Fifth: It is prudent for a person to take precautions against what he anticipates of harm, based on her statement: . She feared this, so she took precautions and prepared to protect herself from this evil.
Sixth: The explicit statement of the Companions, both men and women, because the wife of Thabit ibn Qays proceeded with this action, which many women might be shy to do, but she went ahead with it.
Seventh: A person is not to be blamed if he does such an action, even if it may be criticized, because the Lawgiver has made this action such that he is not blamed for it.

The Shaykh : And what is it? But the Lawgiver has made the action such that he is not blamed for it.
The student: But the Lawgiver has made the action such that he is not blamed for it, except that actions and movements that contradict dignity are not something a wise person should dare to do.
Eighth: If a woman requests the dissolution of the marriage for one of the reasons, the husband has the right to demand the bridal gift he gave her, based on the saying of the Prophet (peace and blessings be upon him): . If she had the right to dissolve the marriage merely because she disliked her husband, the Prophet (peace and blessings be upon him) would not have offered that to her; rather, he called her husband and dissolved the marriage, but the husband must be compensated.

The Shaykh : The husband is compensated for what was taken from him.
The student: But the husband must be compensated for what was taken from him, if his wife was taken from him.

The Shaykh : Taken.
The student: If his wife is taken from him, let him be compensated. But that his wife is taken from him without compensation, there is something of injustice in that.
And his saying: What do you think if the husband demands an increase over the bridal gift he gave her? Does he have the right to that or not?
There are two opinions among the scholars regarding this:
The first opinion is that he has the right to that, because the right is his, and because his wife is being taken from his hands, so he has the right to refuse unless he is given more than what he gave her. Also, it may be that he married her when bridal gifts were small, and now bridal gifts are large, and if he does not increase over the bridal gift he gave her, he will not find a wife. These scholars argued with the saying of Allah the Exalted: . "What" here is a relative pronoun, and the relative pronoun is general, encompassing both the little and the much.
Some scholars held that he does not increase over what he gave her, because the bridal gift he gave her, in reality, he received its equivalent. What is it?

The Shaykh : And what is it? What is it? She has no reason, because such things are said in explanation. As long as we have answered, the answer is mentioned. "Put down your pens for this issue." The one who transcribes, if I say "What is it?", it is such and such, he writes the answer only.
The student: Because the bridal gift he gave her, in reality, he received its equivalent, which is the lawful enjoyment of her private parts and his pleasure with them. For this reason, the Prophet (peace and blessings be upon him) said: . And because in the hadith of Thabit, in some narrations: . The rest of the discussion on this will come, if Allah wills.