Category: Abi Dawud

Zaynab, daughter of Ka’b ibn Ujrah narrated that Furay’ah daughter of Malik ibn Sinan, told her that she came to the Messenger of Allah (ﷺ) and asked him whether she could return to her people, Banu Khidrah, for her husband went out seeking his slaves who ran away. When they met him at al-Qudum, they murdered him. So I asked the Messenger of Allah (ﷺ): “Should I return to my people, for he did not leave any dwelling house of his own and maintenance for me? She said: The Messenger of Allah (ﷺ) replied: Yes. She said: I came out, and when I was in the apartment or in the mosque, he called for me, or he commanded (someone to call me) and, therefore, I was called. He said: what did you say? So I repeated my story which I had already mentioned about my husband. Thereupon he said: Stay in your house till the term lapses. She said: So I passed my waiting period in it (her house) for four months and ten days. When Uthman ibn Affan became caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly.

Ibn ‘Abbas explain the Qur’anic verse “For those who can do it(with hardship) is a ransom, the feeding of one, that is indigent” said “If one of them wished to pay ransom by providing food to an indigent person he could pay ransom.. Thus, his fast was complete. Allaah, the Exalted pronounced “But he that will give more of his own free will, it is better for him”. Again he pronounced “So every one of you who is present (at his home) during that month should spend it in fasting.” But, if anyone is ill or on a journey the prescribed period (should be made up) by days later.

Ibn ‘Abbas said “The following verse abrogated the rule of passing her waiting period with her people. A year’s maintenance and residence. She may pass her waiting period now anywhere she wishes. ‘Ata said “If she wishes she can pass her waiting period with the people of her husband and live in the house left by her husband by will. Or she may shift if she wishes according to the pronouncement of Allah the Exalted. But if they leave (the residence) there is no blame on you for what they do. Ata’ said “Then the verses regarding inheritance were revealed. The commandment for living in a house (for one year) was repealed. She may pass her waiting period wherever she wishes.

Ibn ‘Abbas said “The verse concerning the payment of ransom stands valid for pregnant and sucking woman.”

‘Umm Athiyah reported the Prophet(ﷺ) as saying “A woman must not observe mourning for more than three (days) except for four months and ten days in the case of a husband and she must not wear a dyed garment except one of the types made of dyed yarn or apply collyrium or touch perfume except for a little costus or azfar when she has been purified after her menstrual courses. The narrator Ya’qub mentioned the words “except washed clothes” instead of the words “one of the types made of dyed yarn”. Ya’qub also added “She must not apply Henna”

Narrated Abdullah ibn Abbas: Explaining the verse; “For those who can do it (with hard-ship) is a ransom, the feeding of one, that is indigent,” he said: This was a concession granted to the aged man and woman who were able to keep fast; they were allowed to leave the fast and instead feed an indigent person for each fast; (and a concession) to pregnant and suckling woman when they apprehended harm (to themselves).

Fatimah daughter of Qais said “I was married to a man of Banu Makhzum. He divorced me absolutely. The narrator then transmitted the rest of the tradition like that of Malik. This version has “Do not marry yourself without my permission.” Abu Dawud said Al Sha’bi, Al Bahiyy and ata from abd Al Rahman bin asim and Abu Bakr bin Abi Al Jahm all narrated on the authority of Fatimah daughter of Qais that her husband had divorced her three times.

The tradition mentioned above has also been transmitted by Al Sha’bi through a different chain of narrators. This version has “The husband of Fathima daughter of Qais pronounced her triple divorce. The Prophet (ﷺ) did not allow her to have maintenance and dwelling.”

Abu Salamah reported on the authority of Fatimah daughter of Qays who said to him that she was the wife of AbuHafs ibn al-Mughirah who divorced her by three pronouncements. She said that she came to the Messenger of Allah (ﷺ) and sought his opinion about her going out from her house. He commanded her to shift to (the house of )Ibn Umm Maktum who was blind. Marwan denied to confirm the tradition of Fatimah about the going out of a divorced woman from her house. Urwah said: Aisha objected to Fatimah daughter of Qays. Abu Dawud said: Salih b. Kaisan, Ibn Juraij, and Shu’aib b. Abi Hamzah — all of them narrated on the authority of al-Zuhru in a similar way. Abu Dawud said: Shu’aibn b. Abi Hamzah the name of Abu Hamzah is Dinar. He is a client of Ziyad.

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (ﷺ) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(ﷺ) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(ﷺ)? The Apostle of Allaah(ﷺ) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (ﷺ) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period…” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.” Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu
Salamah in the version of ‘Aqil.” Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”