We are continuing, meaning today’s lesson will be on reciting the hadith of Ibn Abbas and what is related to it, if Allah wills. He said: “Will you return to him his garden?”

The Shaykh : We are continuing, meaning today’s lesson will be on reciting the hadith of Ibn Abbas and what is related to it, if Allah wills. He said: :
The interrogative here is for seeking information and inquiry, meaning he is asking: Do you accept to return the garden to him? And this garden was her mahr (bridal gift), and he added it to him, meaning to Thabit, even though it had become the property of the wife by virtue of what had been the case. Otherwise, the mahr belongs to the woman, as Allah the Exalted said: .
So he added the sadaqat, which are the mahr, to the women.
And he said: : So he clarified the ruling of this money that was given to her as mahr: that it is her property and it is not permissible to take anything from it. So the addition here is by virtue of what had been the case.
She said: , and in a narration she said: , which indicates the intensity of her dislike for him (may Allah be pleased with her), and He pardoned her.
And his saying: She said: : “Yes.” “Yes” is a particle of response to affirm the thing inquired about. So if you say, “Did Zayd stay?” the answer, if it is affirmation, is “yes,” and if it is negation, “no.” But if the interrogative particle enters a phrase that implies negation, the answer for affirmation is “bala” (indeed), and for negation is “yes.” So it is the opposite of when the interrogative particle enters an affirmative statement. If it enters an affirmative statement, the answer for affirmation is “yes,” and for negation is “no.” An example is: “Did Zayd stay?”
If he stayed, [the answer is] “no,” if he did not stay.
But if the interrogative particle enters a phrase that implies negation, the answer for affirmation is “bala” and for negation is “yes.”
So if you say, “Did Zayd not stay?”
If he stayed, say: “Bala,” and if he did not stay, say: “Yes.” Do you understand? Good.
It is narrated from Ibn Abbas (may Allah be pleased with them both) regarding the saying of Allah the Exalted: that he said, meaning Ibn Abbas: “If they had said: ‘Yes,’ they would have disbelieved”, because the meaning would be “We are not our Lord,” and that is disbelief. But they said: “Bala.” However, “yes” may come in the place of “bala,” and it is rare. From this is the saying of the poet about his beloved, Umm Amr, who said:
“Is it not that the night gathers Umm Amr *** and us? That is our nearness
Yes, and she sees the crescent as I see it *** and the day rises over her as it rises over me”:
This one is satisfied from the spoils with what?
With the wild gazelle. He says: As long as the night gathers us together, we are together. And as long as she sees the crescent and I see the crescent, we are together. And as long as the day rises over her as it rises over me, we are together, even if she is in the east and he is in the west:
“Is it not that the night gathers Umm Amr *** and us? That is our nearness”
If she is in the east and he is in the west.
“Yes” means: “Bala.”
“And she sees the crescent as I see it *** and the day rises over her as it rises over me”.
Good. Does it result in acknowledgment and establish the ruling if a man is asked: “Did you divorce your wife?” and he says: “Yes”?
Yes, it results in acknowledgment. And if it is said: “Did you free your slave?” and he says: “Yes,” he is freed. And if it is said: “Did you endow your house?” and he says: “Yes,” it is endowed. And if it is said: “Did you accept the marriage?” and he says: “Yes,” the contract is completed. Because the particle of response repeats the question, meaning it is as if the question was repeated in its entirety. She said “Yes.” What does “Yes” mean here? “Return to him his garden.” So the Prophet (peace and blessings be upon him) said to Thabit: , and the apparent meaning of his saying “Accept the garden” is that Thabit was present, because the address of command is not directed except to one who is present.
The “al” here in “the garden” is for the known (definite) reference.
: Meaning do not add, do not say: “You are divorced, you are divorced” or “You are divorced three times.” Divorce her with one divorce, because this is the Sunnah.
“Al-Bukhari narrated it, and in a narration from him:

and he ordered him to divorce her

وأمره بطلاقها

”, he ordered him to divorce her, and this is the meaning of his saying .
“And Abu Dawud and al-Tirmidhi narrated it, and al-Tirmidhi graded it as good:

The wife of Thabit bin Qais got a divorce from him in return for a compensation (paid by her), and the Prophet (ﷺ) made her 'Iddah (period of waiting before re-marrying) one menstruation course.

أن امرأة ثابت بن قيس اختلعت منه فجعل النبي صلى الله عليه وسلم عدتها حيضة

Bulugh al-Maram 8:116

”, one menstruation for purification, to purify her womb, because a pregnant woman does not menstruate. So if she menstruated, it is known that her womb is free, devoid of pregnancy, and at that time she becomes lawful for husbands.
And the Prophet (peace and blessings be upon him) set her waiting period as one menstruation. The wisdom behind this is that the waiting period of the divorced woman is up to three menstruations to extend the time for the possibility of taking her back. But the woman who seeks khul’ is not taken back, and it is not possible for her husband to return to her except with a new contract.
“And in a narration from Amr ibn Shu’ayb from his father from his grandfather (may Allah be pleased with them both) in Ibn Majah: That Thabit ibn Qays was ugly in appearance”: in his physical form, but he was beautiful and good in character (may Allah be pleased with him), and he was eloquent, an orator, a poet, and also a poet. And he was ugly in appearance, and his wife said: “Were it not for the fear of Allah, if he came to me, I would spit in his face.” I seek refuge in Allah. Yes, meaning from the intensity of her dislike for him. And in reality, she was a lover of images. Physical images or spiritual ones?
Physical. Otherwise, if she had been a lover of character, it would not matter to her if he was ugly or not ugly. Yes, so one time she saw him with a group coming, and he was short, black, and ugly. So she was distressed by this. How could her husband be like this? And it was mentioned that she was beautiful, having some beauty. So it is as if she is saying: How can I be of this degree of beauty with this man who is of this degree of ugliness in her opinion.
Good. But the intended point of this hadith is to clarify that she did not dislike him for his character or his religion, but for what? For his physical appearance. Yes.
This hadith has benefits, yes?
The student: ...

The Shaykh : Yes.
“And Ahmad narrated from the hadith of Sahl ibn Abi Hathmah: Khul’ was known in the pre-Islamic age of ignorance, but the first khul’ in Islam was this.”