Published online 19 March 2008 Journal of Islamic Studies 19:3 (2008) pp.

325–368

doi:10.1093/jis/etn005

¯ DIVORCE, EADITH-SCHOLAR STYLE: FROM ¯ ¯ AL-D2RIMI TO AL-TIRMIDHI
S C O T T C . LU C A S University of Arizona How did the major third/ninth century Aad;th scholars articulate Islamic law? Until recently, the majority of both traditional Muslim scholars and Western-trained academics have devoted greater attention to the contents of the canonical Aad;th books than to the legal hermeneutics of these books’ individual compilers. Despite the existence of important studies on third/ninth century Aad;th-scholar jurisprudence by N<r al-D;n 6Itr,1 Susan Spectorsky,2 and Christopher Melchert,3 the legal reasoning sequestered in the rich tomes of even the 4aA;As of al-Bukh:r; (d. 256/870) and Muslim (d. 261/875) remains largely unexplored in a systematic or comparative manner. This study analyzes the jurisprudence of six prominent third/ninth century Aad;th scholars. While forty-five legal topics related to divorce are found in at least one of these scholars’ books, only six topics are discussed in all six of them. My close analysis of these texts yields three major conclusions: 1) Some Aad;th scholars were more open about expressing their personal legal opinions than others; 2) Ead;th scholars developed three distinct methodologies for determining the laws of divorce; and 3) Ead;ths were of limited utility to the task of constructing certain fields of Islamic law during the early 6Abbasid period.

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METHODOLOGY
This project originated with the simple plan of comparing the ‘Book on Divorce’ (kit:b al-3al:q) in the major third/ninth-century collections
N<r al-D;n 6Itr, al-Im:m al-Tirmidh; wa-l-muw:zana bayna J:mi6ih wa-bayna al-BaA;Aayn (Ma3ba6at Lajnat al-Ta8l;f wa-l-Tarjama wa-l-Nashr, 1970). 2 Susan Spectorsky, Chapters on Marriage and Divorce: Responses of Ibn Eanbal and Ibn R:hawayh (Austin: University of Texas Press, 1993); id., ‘AAmad ibn Eanbal’s Fiqh’, Journal of the American Oriental Society, 102/3 (1982): 461–5; id., ‘Ead;th in the Responses of IsA:q b. R:hawayh’, Islamic Law and Society, 8/3 (2001), 407–31. 3 Christopher Melchert, ‘Traditionist-Jurisprudents and the Framing of Islamic Law’, Islamic Law and Society 8/3 (2001): 383–406.
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of Sunni Aad;ths. I selected the following six books: 1) 6Abd All:h b. 6Abd al-RaAm:n al-D:rim;’s (d. 255/869) Sunan4 (often called Musnad); 2) MuAammad b. Ism:6;l al-Bukh:r;’s al-J:mi6 al-BaA;A;5 3) Muslim b. al-Eajj:j’s 4aA;A;6 4) Ibn M:ja’s (d. 273/887) Sunan;7 ¯ 5) Ab< D:w<d al-Sijist:n;’s (d. 275/889) Sunan;8 and Ab< 6Is: al-Tirmidh;’s (d. 279/892) al-J:mi6 (also known as Sunan).9 All of these scholars travelled extensively throughout the Nile-to-Oxus region in order to collect Aad;ths and they shared many common teachers. Al-Bukh:r; and Muslim had a close relationship for several years in Nishapur, and al-Tirmidh; includes many of al-Bukh:r;’s critical opinions concerning Aad;th transmitters and narrations in his J:mi6. All of these books, with the exception of al-D:rim;’s Sunan, achieved inclusion into the six canonical Aad;th collections over the course of several centuries, a fact which should not obscure the methodological independence of each of their compilers that this article explores. It became apparent during my initial reading of these six books that they all contain some chapters in their ‘Books on Divorce’ that lack a clear connection to the process of terminating a marriage. For example, all six books devote at least one chapter to the special restrictions imposed upon a widow during the waiting period (6idda) following her husband’s death, called iAd:d in Arabic. This finding is not at all surprising since death and divorce are the only events that occasion a waiting period and so it is reasonable for both topics to be treated in close proximity to one another. However, for the purpose of this study,
4 I am using Sunan al-D:rim;, ed. Sayyid Ibr:h;m and 6Al; MuAammad 6Al; (Cairo: D:r al-Ead;th, 2 vols., 2000). All references to specific Aad;ths in this article will follow the Wensinck system of (kit:b: b:b number). 5 The primary edition of al-Bukh:r;’s 4aA;A that I am using is the text included in Ibn Eajar al-6Asqal:n;’s commentary, FatA al-b:r;, ed. Ibn B:z (Beirut: D:r al-Fikr, 15 vols., 1996). 6 I am using the text of 4aA;A Muslim found in al-Nawaw;, 4aA;A Muslim bi-sharA al-Nawaw;, ed. MuAammad Fu8:d 6Abd al-B:q; (Beirut: D:r al-Kutub al-6Ilmiyya, 18 vols., 2000). 7 Sunan Ibn M:ja, ed. MaAm<d MuAammad NaBB:r (Beirut: D:r al-Kutub al-6Ilmiyya, 5 vols., 1998). 8 Sunan Ab; D:w<d, ed. 6Izzat 6Ubayd al-Da66:s and 62dil al-Sayyid (Beirut: D:r Ibn Eazm, 5 vols., 1997). 9 al-Tirmidh;, al-J:mi6 al-BaA;A wa huwa Sunan al-Tirmidh;, ed. AAmad Sh:kir et al., (Beirut: D:r IAy:8 al-Tur:th al-6Arab;, 5 vols., nd.). The third volume, in which the ‘Book on Divorce’ is located, was edited by MuAammad Fu8:d 6Abd al-B:q;.

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¯ D I V O R C E , E A D I T H - s ch o l a r

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I do not consider any chapters that are not explicitly concerned with legal topics pertaining to the termination of a marriage contract. This qualification also led me to disregard chapters on topics related to fornication,10 occasions for the revelation of certain Qur8:nic verses,11 and even al-Bukh:r;’s recommendation (based on a statement attributed to Ibn 6Umar) against marrying non-Muslim women.12 My second task was to group the chapters into coherent legal topics in order to identify the breadth of Aad;th-scholar jurisprudence. Although there are certain legal topics that appear regularly in all fiqh books, there is no standard system of organization and one can always argue that certain legal topics should be parsed into multiple ones. Therefore, the 45 topics into which I have classified the legal material pertaining to divorce in these Aad;th books are somewhat arbitrary, just as the chapters of any fiqh book must be.13 Complications arose when I realized that several Aad;th scholars place divorce-related topics outside of the ‘Book on Divorce’. For example, Muslim has a distinct ‘Book on Li6:n’ (mutual imprecation) immediately following the ‘Book on Divorce’, and al-D:rim; has a chapter on li6:n in his ‘Book on Marriage’. Likewise, Ibn M:ja and al-Tirmidh; discuss child custody in their ‘Books on Rulings’ (aAk:m) and the impact on the marriage contract of a spouse’s conversion to Islam in their ‘Books on Marriage’. In light of this complex situation, I decided to include in my analysis the contents of divorce chapters outside the narrow confines of the ‘Book on Divorce’ only if they were in unambiguously legal books; in practical terms, this means I did not consider material in the ‘Book on Qur8:nic exegesis’ (tafs;r) in the works of al-Bukh:r;, Muslim and al-Tirmidh;, or Aad;ths located in the ethical, historical, and theological books in any of the six compilations under study. Once I had determined the precise portions of these six Aad;th books that merited inclusion in this project, I could proceed with my analysis. The first stage consisted of reviewing early legal books, such as the Muwa33a8s of M:lik b. Anas (d. 179/795) and MuAammad b. al-Easan al-Shayb:n; (d. 189/805), the MuBannafs of 6Abd al-Razz:q al-4an6:n; (d. 211/827) and Ab< Bakr ibn Ab; Shayba (d. 235/849), and the Mudawwana of SaAn<n (d. 240/854), in order to determine which legal
For example, Ab< D:w<d, Sunan (3al:q: 30, 50). For example, Ab< D:w<d, Sunan (3al:q: 36); al-Tirmidh;, al-J:mi6 (3al:q: 16). 12 al-Bukh:r;, 4aA;A (3al:q: 18). See Table 1 in the Appendix for the chapters I have examined in this study. 13 See Table 2 at the end of the article for the list of all 45 topics and the books in which each one is found.
11 10

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topics pertaining to divorce were in circulation during the third/ninth century. The second stage was largely empirical, identifying which topics appeared in the six Aad;th books and their respective frequencies in them. The final stage involved determining which transmitted materials—sound Aad;ths, weak Aad;ths, and post-prophetic reports—each Aad;th scholar included in his chapters. This stage required close textual analysis, which in turn illuminated the individual hermeneutics of each compiler.14

DIVORCE IN THE LEGAL DISCOURSE OF THE THIRD/NINTH CENTURY
Al-D:rim; and his contemporary Aad;th scholars composed their books after more than a century of legal writing and argumentation had elapsed. For example, Ibn Ab; Shayba, a major source of transmitted materials for both Muslim and Ibn M:ja, discusses 281 topics in his ‘Book on Divorce’ in his massive MuBannaf. A generation earlier, the Yemeni 6Abd al-Razz:q covered over 250 divorce-related issues in his equally voluminous MuBannaf. Susan Spectorsky, in the introduction to her translation of the legal opinions on marriage and divorce of Ibn Eanbal (d. 241/855) and Ibn R:hawayh (d. 238/853), identifies the following seven broad categories into which most divorce topics fall:
1. 2. 3. 4. 5. Divorce proper (3al:q), especially statements that effect a divorce;15 The Cih:r oath;16 The oath of sexual abstinence (;l:8);17 The procedure of mutual imprecation (li6:n);18 The act of granting the woman the choice to divorce (takhy;r, khiy:r);19
14

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N<r al-D;n 6Itr’s book, al-Im:m al-Tirmidh;, provides useful descriptions of the hermeneutics of al-Tirmidh; and al-Bukh:r; on pp. 355–8, and further suggestions for ascertaining al-Tirmidh;’s opinions on 358–74. He concludes that al-Tirmidh; is ‘a mujtahid murajjiA capable of determining the preponderant opinion on a legal topic who follows the method of the Aad;th scholars (ahl al-Aad;th)’, whereas al-Bukh:r; is more or less a ‘fully-independent mujtahid, using the method (3ar;q) of Aad;th-scholar jurists’ (391–2). 15 Spectorsky provides a helpful guide to ten categories of divorce statements that are prevalent in the legal literature, few of which appear in the Aad;th literature; Chapters on Marriage and Divorce, 27–39. 16 This is ‘an oath of divorce that a man swears against his wife in which he compares her to his mother’s back’; Spectorsky, Chapters, 39. See also Qur8:n 58. 2–4. 17 Spectorsky, Chapters, 42–5; Qur8:n 2. 226–7. 18 Spectorsky, Chapters, 45–7; Qur8:n 24. 6–9. 19 Spectorsky, Chapters, 48–9; Qur8:n 33. 28–9.

Chapters. covers all of them except the Cih:r oath. 4. The Muwatta of Imam Muhammad. ‘Book on Gih:r’. it is no sin for either of them if the woman ransoms herself’. Shayba. al-J:mi6 al-Bagh. states that the li6:n procedure does not result in the dissolution of the couple unless the q:@.oxfordjournals.’s recension of M:lik’s Muwa33a8 has at least two chapters on all seven of these categories. while the recension of al-Shayb:n. E A D I T H . ‘ .r and the oath of sexual abstinence in the ‘Book on Divorce’ and mutual imprecation in the ‘Book on Gih:r’.org at Princeton University on July 17. although these books also explore the effects on the marriage bond of conversion to and apostasy from Islam. 242–72. 2011 20 Spectorsky. YaAy: al-Layth. 228. . with the exception of mutual imprecation. Abdel Haleem’s The Qur8:n: A New Translation (Oxford. covers all of these categories in some depth. The waiting period (6idda).r. 221–43. 264/878) decision to divide the divorce-related topics in his MukhtaBar into the ‘Book on Female-initiated divorce’. 2.25 Downloaded from jis. 24 While Spectorsky does not count the effects of conversion and apostasy among the seven major divorce topics. along with SaAn<n’s Mudawwana. 49.ths with isn:ds pertaining to divorce are found in M:lik’s Muwa33a8 and only three are present in al-Shayb:n.S. 2001).’s (d.r (Beirut: 62lam al-Kutub. 242–3. 2004). al-Shayb:n. (All Qur8:nic citations in this article are from M. 22 M:lik b. 229. 2004). 65.21 This framework works very well with most of the early fiqh books that have survived.. Near the end of this section. this counts as a single divorce in which the husband does not have the right to take back his wife during her waiting period. 52–9. transl. al-J:mi6 al-Bagh. Qur8:n 2. allowed the couple to remarry after the li6:n procedure. 1986). ibid. The female-initiated divorce (khul6).22 Al-Shayb:n. . al-Muzan. and devotes special attention to a dizzying array of divorce statements. Note that only five prophetic Aad.. indicates the significance of these categories in his vision of Islamic law. If he does so. ‘Various other topics’. ‘Book on Divorce’ (3al:q). al-Muwatta of Imam Malik ibn Anas: The First Formulation of Islamic Law. separates them. 33. fall into these seven categories. Mohammed Abdurrahman and Abdassamad Clarke (London: Turath Publishing. Chapters. Spectorsky.24 Finally.A.¯ D I V O R C E .) 21 Spectorsky. .’s recension. Qur8:n 2. Aisha Bewley (Inverness. discusses at some length takhy.23 Most of the chapters on divorce in the aforementioned MuBannafs of 6Abd al-Razz:q and Ibn Ab.r. and MuAammad al-Shayb:n. 191–243. 59. 50–2. and ‘Book on Waiting Periods’. The text also reports that al-Shayb:n. 23 MuAammad al-Shayb:n. transl. 234 (widow).s ch o l a r s t yl e 329 6. she mentions them under her subheading. Anas.’s book. ma6a sharAih al-N:fi6 al-kab. Chapters. 25 Note that al-Muzan.20 7. whereas Ab< Y<suf denied such a possibility. Scotland: Madina Press.

th books under analysis. Despite this general awareness.ths are repositories of the earliest Muslim debates. and the right of a woman whose husband has gone missing (al-mafq<d) to dissolve her marriage in order to remarry. 2011 Only six legal topics concerning divorce can be found in all of the Aad. al-Bukh:r. in a second variant. Chicago: George Allen and Unwin.th scholars under consideration.ths report that Ibn 6Umar divorced his wife while she was menstruating..oxfordjournals.th] contains invaluable evidence for the evolution of Islam during the years when it was forming itself into an organized whole from powerful mutually opposed forces’. S. but also. postponing his right to divorce until the time when she has purified 26 ‘[The corpus of Aad. Muslim Studies (ed.. Ignaz Goldziher. since Western scholars have long argued that Aad. l uc as This study demonstrates that the Aad.th scholars under discussion and then analyse the methodology of each scholar individually.330 s co t t c . the effect on inheritance of the man who divorces his wife during his terminal illness. and. M. 2 vols. The story fragments from here. CASE STUDIES: UNIVERSAL TOPICS Downloaded from jis. These topics include the validity of conditional divorce statements. Stern. and al-Tirmidh.ths that are often recounted through multiple channels of transmission. 19. Each of these topics is affiliated with a unique cluster of narrative Aad. We shall now examine the six legal topics addressed by all of the Aad. with the exception of al-Bukh:r. while Ab< D:w<d places it in Chapter 4.org at Princeton University on July 17. all open their ‘Books on Divorce’ with the tale of 6Abd All:h b. with one variant having the Prophet granting Ibn 6Umar the right to divorce her after she has purified herself from menstruation.27 These Aad. were well aware of the major legal debates that had been brewing since the second/eighth century.. in several cases. 73 or 74/692–3) poorly-executed divorce.th scholars from al-D:rim.. resulted in divergent reports that correlate to juristic disagreements. 6Umar’s (d.26 1 The Sunna Divorce: The story of Ibn 6Umar’s mistimed divorce Al-D:rim. Muslim. there were several contentious topics among the early jurists that none of the Aad. broached in their books. 27 Ibn M:ja puts it in the second and third chapters. to al-Tirmidh. This quality inevitably facilitated memorization and transmission of each episode. ii. . 1971 (1889–90)). that his father reported this action to the Prophet. and that the Prophet ordered 6Umar to tell his son that he must take back his wife. This finding is not unanticipated. along with its concomitant legal implications.

2:442 (3al:q: 4). and if he wished. Anas b. This story is further complicated by the question as to whether the inappropriate divorce attempted by Ibn 6Umar counted as one of the two Qur8:nically-permitted revocable divorces. He alone mentions and leaves unresolved the debate 28 Sunan Ab. namely that Ibn 6Umar’s divorce did not count as one of the two revocable divorces. Sa6. The transmission from Ibn 6Umar (S:lim and N:fi6) al-Zuhr.r. uses the identical definition of the sunna divorce (without mentioning the witnesses) as al-Bukh:r. had another period. and links it to ‘the practice (6amal) of the scholars among the Companions of the Prophet and others’. if he wished. 29 al-Bukh:r.31 Al-Tirmidh. Ab< D:w<d elucidates the tangled web of transmissions of this story: Y<nus b. that the divorce counts as one of his (two) revocable divorces. 30 Ibid. Jubayr. in the following chapter. D:w<d.org at Princeton University on July 17. he could divorce her. A similar report to the N:fi6 al-Zuhr. 4aA. E A D I T H .¯ D I V O R C E . states.29 and. 4aA. and then was free from menstruation again.oxfordjournals. All of these Aad. al-Mu6tamir) via Ab< W:8il all relate this Aad. on the authority of Ibn 6Umar. 6Abd al-RaAm:n related from S:lim. This is also the case of what MuAammad b. his divorce counts and he is to be ordered to take back his wife’.th from Ibn 6Umar: The gist according to all of them is that the Prophet ordered (Ibn 6Umar) to take back his wife until she was free from menstruation.30 Muslim.ths contradict what Ab< l-Zubayr said. 2011 Ibn 6Umar’s story became inseparable from the ‘sunna divorce’.A (3al:q: 1). S. In his Sunan. he could keep her.n..28 Downloaded from jis. Zayd b. Ab< l-Zubayr. and that he has two witnesses’. Aslam. The primary lesson from this story is that a man must take back his wife if he divorces her during her menstrual period. . ‘The sunna divorce is one in which a man divorces his wife during her period of purity prior to having intercourse with her (after her period). then. says that the Prophet ordered Ibn 6Umar to take her back until she was free from menstruation. which is the title given to the chapters in which it initially appears in all six Aad.d b. prior to making a decision whether to divorce her or keep her. ‘It is unlawful to divorce a menstruating woman without her consent and if he disobeys this rule.. in one of his rare legal opinions. Aad. (3al:q: 2). Al-Bukh:r.th was transmitted via Ibn 6Umar al-Easan 6A3:8 al-Khur:s:n. 31 Muslim.s ch o l a r s t yl e 331 herself from an additional period of menstruation after the one during which he initially divorced her.th compilations. Jubayr.A (3al:q: 1). says. and ManB<r (b. Ab< l-Zubayr’s report is number 2185 and says that Ibn 6Umar’s divorce did not count as a divorce (wa lam yarah: shay8an).

Ab< D:w<d. 4aA. al-J:mi6 (nik:A: 27). He also records the disagreement over the sunna divorce of a pregnant woman. Ibn M:ja only relates the version of this report in which Ibn 6Umar is ordered to wait until after his ex-wife’s second menstrual cycle to divorce her in his chapter on the sunna divorce.. v. 4 vols. Rif:6a (b. al-J:mi6 (3al:q: 1). or. nor Ab< D:w<d offers a precise definition of the sunna divorce.. 35 al-D:rim. Cairo: Maktabat al-Kh:nj. versus the opinion of Sufy:n al-Thawr. 36 Nothing appears to be known about Rif:6a beyond this Aad. Nowhere does the Qur8:n indicate that a man cannot divorce his wife while she is menstruating and all six Aad. 1978). in the case of al-Bukh:r.A (3al:q: 2). from a separate statement attributed to Ibn 6Umar himself.. 3).ths supporting both the opinion that a man can divorce his wife a second time immediately following her menstrual period when he first divorced her. 204/820) and Ibn Eanbal. (Beirut: D:r al-Fikr. either on the basis of the preponderance of reports. 7. al-IB:ba f. (d. Ibn M:ja. 33 Ibn M:ja. Muslim. They also all agreed that the divorce counted.A (3al:q: 4. 32 Downloaded from jis. al-Tirmidh.th scholars collectively demonstrate is that Ibn 6Umar’s story spread rapidly among his Umayyad-era students and that the two inconsistencies among its multiple transmissions did not seriously affect its impact on Muslim jurisprudence. (d. 2001). Sunan (3al:q: 2. Kit:b al-Fabaq:t al-kab.oxfordjournals. i. who are of the opinion that the sunna divorce encompasses a triple divorce in one setting.332 s co t t c .r (ed.th... 4aA.36 divorced his wife triply and she al-Tirmidh.z al-BaA:ba.th scholars understood this Aad.34 What the Aad. and the opinion that he must wait until after one additional period of menstruation prior to divorcing her again. 34 al-Bukh:r. MuAammad 6Umar..32 Neither al-D:rim. 11 vols. Sunan (3al:q: 49). Ibn Eajar. 2 The Marriage that allows a terminally divorced couple to remarry: The story of Rif:6a al-QuraC.org at Princeton University on July 17. and they relate Aad.33 The story of Ibn 6Umar’s mistimed act of repudiation serves as crucial evidence for a modification to the Qur8:nic laws of divorce. Sunan (3al:q: 4).’s unsatisfied ex-wife35 The second topic relies upon the only story possessing a touch of sexual humour... 161/778) and Ibn R:hawayh that restricts the sunna divorce to a single utterance of divorce in any period during which the wife is free from menstruation. like al-Sh:fi6. 37). Sunan (nik:A: 32). 6Al.th as a limit upon the husband’s unfettered right to divorce.. 4aA. 518. but complicates matters in the following chapter by recounting a variant version in which the Prophet merely says to 6Umar. ‘Tell (Ibn 6Umar) to take her back and then divorce her when she is free from menstruation or pregnant’. 2011 . al-Bukh:r.A (nik:A: 17). tamy. 395. Sam<8al) al-QuraC. Ibn Sa6d. l uc as between the jurists.

Sunan (3al:q: 10).d overheard the conversation outside the door of the Prophet’s residence.s ch o l a r s t yl e 333 subsequently married 6Abd al-RaAm:n b. 39 Qur8:n 2. whose name is never mentioned in the Aad. Ab< Bakr was with the Prophet and Kh:lid b.d. il: Rif:6a? l: Aatt: yadh<qa 6usaylataki wa-tadh<q. 40 al-Tirmidh. 4aA. al-Zubayr. she had ‘tasted his sweet honey’. reports in the ‘Book on Marriage’ that this is the practice of the general mass of Companions and subsequent scholars. Sa6. 40).A Muslim. l: Aatt: yadh<qa 6usaylatah: kam: dh:qa l-awwal. has the longer version as.. 230. al-J:mi6 (nik:A: 27). in some versions. ii. since the verb 3allaqa is employed in this manner in Qur8:n 2.org at Princeton University on July 17.A (3al:q: 6).. before 60/679) divorce has produced the most conflicted interpretations of any of the Aad. complained that her new husband’s manhood was akin to an eyelash or thread (hudba). a woman could be divorced prior to consummation. Ab< D:w<d. E A D I T H . 37 Downloaded from jis. 41 al-D:rim. the story of Rif:6a’s ex-wife clarified the meaning of the Qur8:nic verse that requires the woman who has been divorced three times to marry another man and be divorced by him prior to remarrying her original husband.ths In the version from 628isha 6Urwa al-Zuhr.th to demonstrate the validity of a triple divorce in a single session (3al:q: 4) and on the topic of a woman’s right to leave her house during her waiting period (3al:q: 9). FatA al-b:r.. 3 (nik:A: 17)..oxfordjournals. ‘Can you believe what was said out loud in the Messenger of God’s presence!’ Sunan al-D:rim.ths. Sunan (3al:q: 10). Muslim. Sunan (3al:q: 39.38 The story ends abruptly with this euphemistic prophetic statement. 7 (3al:q: 4). 42). 236–7.n an tarji6. 4aA..40 3 The Rights of the irrevocably divorced woman during her waiting period: The story of F:3ima bint Qays’ peculiar waiting period41 The story of F:3ima bint Qays’ (d.. 4aA. Note that Ibn M:ja also uses this Aad. in several versions. al-Zubayr al-QuraC.A (3al:q: 41. x. Ibn M:ja.37 The Prophet surmised that she wished to return to the more satisfactory Rif:6a and informed her that she could not lawfully remarry him until her new husband had ‘tasted her sweet honey’ (6usayla) and.¯ D I V O R C E . went to the Prophet and. al-Bukhari. 38 al-Bukh:r. al-J:mi6 (3al:q: 5). al-Tirmidh.. 6usaylatahu. and the shorter one as just.39 Theoretically. x. 455 (3al:q: 4). Kh:lid remarked with astonishment. 2011 . la6allaki tur. This memorable prophetic locution cemented the requirement of consummation with the new husband prior to the remarriage with the original one and al-Tirmidh. Rif:6a’s ex-wife. In addition to casting an embarrassing light upon the anatomy of a certain 6Abd al-RaAm:n b.

46 There exists great uncertainty over his precise death date. 58/678) rejected vehemently the interpretation of F:3ima’s prophetic citation as a universal rule. 6Ubayd All:h b.43 This story would seem totally straightforward were it not for the existence of alternative versions and Companion statements that seek to discredit F:3ima’s testimony. to which he purportedly replied that she was entitled to neither maintenance nor lodging. 43 For a very similar description and additional references. Yas:r (d. 2002). ‘Shifting Fortunes: Women and Ead. and. by Marion H. Bulletin of the School of Oriental and African Studies. ‘The Rights of a Divorced Woman’.44 and the Kufan al-Sha6b. 44 His full name is Ab< Bakr b.th that probably goes back to F:3ima herself. 5 vols. See also Asma Sayeed. F:3ima informed the Prophet of this situation. 2011 This Aad. all claim to transmit the Prophet’s verdict from F:3ima herself. Tadhkirat al-Auff:C (Beirut: D:r al-Kutub al-6Ilmiyya.ths from the Madinans Ab< Salama b. Harald Motzki.D. 6Abd All:h b. Harald Motzki argues that this is an early Aad.d b. Jahm al-6Adaw. 6Abd All:h b.).. identified in some narrations as Ab< 6Amr b. 6Utba.. A few transmissions of this story include the additional details that Marw:n b. 158–67. al-Dhahab. EafB. divorced her irrevocably (triply) from afar and refused to provide her with either lodging (sukn:) or maintenance (nafaqa) during her waiting period. 70. pace Joseph Schacht.org at Princeton University on July 17. 65/685) inquired into F:3ima’s case during his governorship of Madina and that the Prophet encouraged her to marry Us:ma b. 45. R. The Origins of Islamic Law. dissertation. provides death dates ranging from 89/707–8 to 105/723–4 for Ibn al-Musayyab and declares 94/712–3 to be the most likely one. transl. 436–7. Hawting.th has been studied by G. see Hawting.th books contain Companion reports that 6Umar and/or 628isha (d.oxfordjournals. 52 (1989): 430–45. offers 107/725–6 and 104/722–3. In fact. and Ab< Bakr b. Katz (Leiden: Brill. al-Musayyab45 and Sulaym:n b. i. all six Aad. 45 al-Dhabab. 88–91 and 176–88.th in the Legal Controversy about the Rights of a Divorced Woman during her ‘Waiting Period’ (6idda)’. l uc as under discussion. Tadhkira.42 The basic story is that F:3ima’s husband. Princeton University. Jahm al-6Adaw. 107/725–6) 46 are Downloaded from jis. 2005). However. Sufy:n and Ab< Jahm. and Marw:n and the Madinan Successors Sa6. the Aad. al-Eakam (d.334 s co t t c .th Transmission in Islamic History’ (Unpublished Ph. Mu6:wiya b. Ab. ordered her to spend her waiting period in the house of the blind Emigrant Ibn Umm Makt<m. 42 . in some versions. Zayd after her waiting period instead of her two suitors. Ab. i. Ab. 6Abd al-RaAm:n. ‘The Role of the Qur8:n and Ead.

and the Kufans. interrupts the flow of al-Sh:fi6.49 Some scholars grant her lodging but not maintenance. 175/791). Rab:A (d. 6A3:8 b. al-Tirmidh. 50 al-Tirmidh. 6Utba. Muslim. al-Sha6b. 1] [. 48 al-D:rim. 51 Ibid. Sunan (3al:q: 40).oxfordjournals. from 6Ubayd All:h b. ‘We do not abandon the Book of God and the sunna of his Prophet on the basis of an utterance from a woman!’48 6Umar’s reference to the Book of God is most likely an allusion to Qur8:n 65. E A D I T H .¯ D I V O R C E .th scholars over the correct ruling concerning the rights of the triply divorced woman during her waiting period..47 A common formulation of 6Umar’s attitude toward this story is his statement. 114/732 or 115/733). 4aA. . ‘We grant her lodging on the basis of the Book of God. such as al-Easan al-BaBr. Ab. since God said. between 103/721 and 110/728). which states that women cannot be evicted from their homes during their waiting periods unless ‘they commit a flagrant indecency’. al-Zin:d in Sunan Ibn M:ja (3al:q: 10). and Ibn R:hawayh are of the opinion that the divorced women receives neither lodging nor maintenance if the husband does not possess the right to take her back (raj6a).s ch o l a r s t yl e 335 depicted as being skeptical as to its validity.]50 and she does not receive maintenance on the basis of the Aad. Hawting. See also. Sunan (3al:q: 40). and al-Sh:fi6. clearly presents the three major opinions in the following manner: Some scholars. 47 Downloaded from jis. (d. 2011 .org at Princeton University on July 17. Ab< Y<suf and MuAammad al-Shayb:n. Some of the Companions of the Prophet. see Ab< D:w<d. al-Layth b. 110/728). Sunan (3al:q: 39).. ‘Do not drive them out of their homes’ nor should they themselves leave ‘unless they commit a flagrant indecency’ [Qur8:n. Al-Sh:fi6. (d. ‘We do not know if she memorized this properly’.fa. This is the opinion of M:lik b.A (3al:q: 6) and Ab< D:w<d.’s argument with an anonymous explanation that F:3ima did not receive lodging because she was ‘abusive to her household’ (tabdh< 6al: ahlih:). 438–40..th of the Messenger of God (peace be upon him). He appears less skeptical in the version transmitted by Hish:m b. Anas.51 Marw:n’s skepticism is found in the narration transmitted by al-Zuhr. 6Abd All:h b.. 49 al-Tirmidh. are of the opinion that the triply divorced woman is to receive both lodging and maintenance. uses the expression ‘the Kufans’ as shorthand for Ab< Ean. Sunan (3al:q: 10). al-Tirmidh. concerning the story of F:3ima bint Qays. Sa6d (d. 6Urwa Ibn Ab. Al-Tirmidh. Another version adds. ‘The Rights of the Divorced Woman’. 1. The impact of F:3ima’s report and its rejection by several prominent early religious authorities divided both jurists and Aad. including 6Umar and Ibn Mas6<d. 65. al-J:mi6 (3al:q: 5). al-J:mi6 (3al:q: 6).d and Sulaym:n. Ab< D:w<d. . said. For the dismissive comments of Sa6.. Ibn Eanbal. This opinion is shared by Sufy:n al-Thawr.

55 Ibid. ’ 54 al-Bukh:r. 6. and Muslim adopts the third one. ‘She receives no merit from mentioning this statement (Aad.A (3al:q: 6). in the end..oxfordjournals.’s own opinion.th in which F:3ima actually utters the prophetic decision that denies her lodging or maintenance. Ibn M:ja. provide clear evidence of their preferred positions on this topic. al-Bukh:r. Al-Bukh:r. 2011 . can be derived from the title of the forty-second chapter of his 4aA.. and Ibn M:ja support the first position outlined by al-Tirmidh.th scholar under consideration who refuses to include a single Aad. In the showdown between F:3ima’s prophetic Aad.A (3al:q: 41. 4aA. relates reports in which. Neither Ab< D:w<d nor al-Tirmidh. FatA al-b:r.52 Al-Bukh:r. 1) 628isha tells Marw:n that ‘You will not be harmed for refraining from mentioning the statement (Aad. Both Muslim and Ab< D:w<d relay a wide array of variants of F:3ima’s prophetic Aad. Sunan (3al:q: 10). Ab< D:w<d refuses to adopt a transparent position. and instead elevates 628isha’s opinion to the highest authority on this issue. .A.53 along with five very different versions of 628isha’s rejection of the implications of F:3ima’s statement. opinion. 42).-maskan zawjih: an yuqtaAama 6alayh: aw tabdhuwa 6al: ahlih: bi-f:Aisha.org at Princeton University on July 17.th scholars under consideration. refuses to take sides and merely relates the three positions adopted by a handful of his illustrious predecessors. ‘F:3ima was in an insecure place. even though she did not claim to be basing her opinion overtly on a prophetic teaching. champions the second one. 42). and Ibn M:ja side with F:3ima. rather. Sunan (3al:q: 10). ‘What is F:3ima’s problem? Do you not fear God?’ and 3) 628isha says to 6Urwa b. Downloaded from jis. al-Zubayr after he mentioned F:3ima. al-D:rim. and the Prophet made a special exception for her to move out of fear of her initial location’. that the divorced woman cannot relocate during her waiting period even if ‘it is feared that the husband’s residence will become hateful to her or she will verbally abuse her [alternate: his] household’. al-Bukh:r. but.th and the critical remarks of 6Umar and 628isha.. although Ab< D:w<d does not provide any evidence in support of the hybrid M:lik/al-Layth/ al-Sh:fi6. Ibn Eajar..th) of F:3ima’. and Muslim expresses his own opinion in the chapter title. x. 2) 628isha says. 598. l uc as Interestingly. 4) 628isha says to 6Urwa.54 Al-Bukh:r.th.336 s co t t c . al-D:rim.55 The story of F:3ima bint Qays and its ensuing controversy provide a useful window into the legal hermeneutics of the six Aad. cites neither F:3ima’s Aad. while al-Tirmidh.th)’. . Muslim. is the only Aad. al-mu3allaqa idh: khushiya 6alayh: f. 5) 6Urwa’s observation that 628isha rejected F:3ima’s claim that the Prophet allowed her to relocate during her waiting period. he cites Qur8:n 65. ‘The triply divorced woman does not 52 al-D:rim. nor 6Umar’s criticism. 53 ‘House the wives you are divorcing .th along with the criticisms of 6Umar and 628isha. 4aA. 603 (3al:q: 41. 1 and 65.

93. although he mentions that some scholars date it to 59/678–9. ii. Sunan (3al:q: 7). iii. al-IB:ba. al-Tirmidh..A Muslim. Sunan (3al:q: 47). Ab< D:w<d. Ibn Eajar. 11th imp. Subay6a told Umm Salama that the Prophet ordered her to get married immediately. 11–2.. ii.’s narrations as her suitor. Khawla. and Ab< Hurayra (d. (Beirut: Mu8assasat al-Ris:la. x. Ab< D:w<d. Ibn M:ja. 6Abd al-RaAm:n (d. 4aA. Sunan (3al:q: 47). al-J:mi6 (3al:q: 17). al-J:mi6 al-BaA.. (3al:q: 11). 68/687–8). Muslim. identified by one of al-Bukh:r. Ab< Hurayra took the initiative to ask Umm Salama (d. 60 This version is found in Sunan al-D:rim. 324.. Muslim. al-D:rim. the tale of Subay6a bint al-E:rith al-Aslamiyya58 provided a solution to a problem upon which Muslim jurists ultimately achieved consensus. 2011 . 61/680–1). 4 Does childbirth always terminate a woman’s waiting period? The story of Subay6a’s brief waiting period57 Unlike the irreconcilable legal opinions that emerged from F:3ima bint Qays’ story.56 This case study demonstrates that all six scholars immersed themselves in the legal issues associated with the multiple narrations of F:3ima bint Qays’ story. since her waiting period had ended. 234. x. 58 Her deceased husband’s name was Sa6d b. 4aA.. 4aA.A (3al:q: 8). al-J:mi6 (3al:q: 17). 57 56 Downloaded from jis. al-Bukh:r.A (3al:q: 8). 6) declaring that a woman’s waiting period lasts until childbirth can shorten the prescribed waiting period of three courses.60 This story resolves the question as to whether the Qur8:nic verse (65. who happened to give birth a short time after the death of her husband. and she in turn related to him the story of Subay6a.. 4aA.. 28 vols. and that four of them even adopted precise positions on the topic of the triply-divorced woman’s rights during her waiting period. Ab< Salama b.org at Princeton University on July 17.A.A (3al:q: 39).A Muslim. 2001).... three months.oxfordjournals. al-Bukh:r. 80 (3al:q: 6).¯ D I V O R C E . and al-Tirmidh.A (3al:q: 39). 4aA. Ibn M:ja. Sunan. Ba6kak. 59 The death date of 61/680–1 is favoured by al-Dhahab. One version of the story begins with a debate between Ibn 6Abb:s (d. 499. Siyar a6l:m al-nubal:8..s ch o l a r s t yl e 337 receive maintenance’. Ibn Eajar does not indicate Subay6a’s death date. 210. her opinion. iv. between 57/676–7 and 59/678–9) over whether a pregnant widow’s waiting period ends at the time of childbirth if the child is born shortly after the husband’s death. or whether the widow is required to observe the full four months and ten days prescribed in Qur8:n 2. al-Tirmidh. 94/712–3 or 104/722–3). Sunan (3al:q: 7). makes no mention of the legal dispute and is found in al-D:rim.59 one of the Prophet’s widows. E A D I T H . Another version involving one Ab< al-San:bil b. Sunan (3al:q: 11). 4aA.

Muslim. al-Tirmidh. This consensus as to the Prophet’s command is also shared by the jurists. The isn:d has a lacuna (munqa3i6).62 In short.-6iddat al-A:mil al-mutawaff: 6anh: zawjuh: wa-l-mu3allaqa (3al:q: 11). Sunan (3al:q: 12). as al-Tirmidh. l uc as or four months and ten days. 4aA. 3 vols. The concept of takhy. and Ibn Eanbal. although this story is also found in Umm Kulthum’s entry in Ibn Sa6d. 62 For example. 498–9. or through their comments in the chapter.338 s co t t c . Even though the story is transmitted from Subay6a through six different authorities in multiple formats. b:b inqi@:8 6iddat al-mutawaff: 6anh: zawjuh: wa-ghayrih: bi-wa@6 al-Aaml (3al:q: 8).. al-Bukh:r. into offering her a single divorce just moments prior to her giving birth.61 Although technically this story addresses the widow’s waiting period. and Ibn 6Abb:s. Ibn M:ja. 2011 .. the story of Subay6a provided Aad.. b:b f..oxfordjournals. al-Zubayr b. iii.A (3al:q: 4. 5).org at Princeton University on July 17.. al-J:mi6 al-BaA. 5 The story of 628isha’s choice63 Unlike the previous four legal topics. the common background story for takhy.r. in which a husband grants his wife (or wives) the choice (khiy:r) to either maintain or sever al-Tirmidh. not only reports that it is the opinion of ‘most of the scholarly Companions’.ths report that the Prophet encouraged (or ordered) Subay6a to marry due to the conclusion of her waiting period with the birth of her child.th scholars. and Muslim’s reads.th concerning Umm Kulthum bint 6Uqba’s act of tricking her husband.A. 257. along with al-Thawr. either overtly through their choice of chapter headings.’s chapter heading is. but adds his own view that this ‘is the more correct position’ even though some unnamed Companions preferred the woman to fulfill the longer of the two possible waiting periods in all cases. Ibn al-Mundhir.th books. al-D:rim. all of our Aad. or whether it can only extend the woman’s waiting period.r. x. 63 al-D:rim. 318/930) attributes the position that a woman’s waiting period should be the longer of the two durations to 6Al. Sunan (3al:q: 6).th scholars and jurists with a decisive argument that a woman’s waiting period does in fact terminate as soon as she gives birth even if this occurs shortly after she is widowed or divorced. Ibn M:ja uses a unique Aad. al-Ishr:f 6al: madh:hib ahl al-6ilm. al-6Aww:m. 218–20. al-J:mi6 (3al:q: 4). with the exception of Ibn M:ja. Sunan (3al:q: 20). extended the Prophet’s ruling to the divorce waiting period as well. i. (Beirut: D:r al-Fikr. thus denying him the opportunity to take her back during her waiting period. al-Sh:fi6. Kit:b al-Fabaq:t al-kab. Sunan (3al:q: 5)..A (3al:q: 5). Ibn al-Mundhir (d.. Ab< D:w<d. 1993). all of the Aad.r is largely unspoken in the numerous transmissions from 628isha found in the Aad. 61 Downloaded from jis. 4aA.

and his lengthy accounts link it to additional Qur8:nic verses and topics. 4aA. Only Muslim provides any sort of narrative in his discussion of ‘granting the choice’. 4ubayA al-Hamd:n. It has also been reported that they considered it to be a single revocable divorce and that if she chooses her husband.org at Princeton University on July 17. then remember that God has prepared great rewards for those of you who do good’.. but if you desire God. 4)’.r. between 42/662–3 and 56/675–6] said that it is a single divorce if she chooses her husband and a triple divorce if she chooses herself. Zayd b. describes succinctly the uncertainty over the nature of takhy. 66 His name is Muslim b.. and the Kufans. It has been narrated from 6Al..l:8. also the Qur8:nic verse ‘if (the two of) you collaborate against him’ (66. Ibn Eanbal followed the position of 6Al. It has been narrated from 6Umar and Ibn Mas6<d that if the woman chooses herself. E A D I T H . and the Final Home. 70. it does not count as anything.¯ D I V O R C E . Th:bit [d. and granting them the choice.l:8). Kh:lid. al-Ajda6 (d. whereas if she chooses her husband. ‘If your desire is for the present life and its finery. x.65 Downloaded from jis. 2011 All six books contain at least one Aad. it is a single divorce in which he cannot take her back during her waiting period (b:8ina). 65 al-Tirmidh.A. 63/682–3) from one of the immediate participants in the first takhy. Muslim b. it is a single revocable divorce.s ch o l a r s t yl e 339 the marriage bond. 28–9) in which the Prophet is commanded: Say to your wives. then come. and Ab< al-DuA:66 exhibit inconsistencies. that if she chooses herself. I will make provision for you and release you with kindness. His Messenger. such as the episode of banning (taAr..r among the early Muslim legal authorities: The scholars disagree over khiy:r. ‘the Prophet granted us ‘the choice’ (khayyaran:)’ and that it did not count 64 Chapter 5 of Muslim’s ‘Book on Divorce’ is called. al-J:mi6 al-BaA. Most of the scholars and jurists among the Companions and their successors adopted the position of 6Umar and Ibn Mas6<d. iii. It is the opinion of Sufy:n al-Thawr.A Muslim. it is a single irrevocable divorce. 483–4. derives from the Qur8:nic passage (33.64 Al-Tirmidh. Although the exact wording of nearly all of the narrations transmitted from Masr<q by his Kufan pupils al-Sha6b.oxfordjournals. ‘On .m) in S<ra 66 and the oath of sexual abstinence (. 628isha.th transmitted by the Kufan Successor Masr<q b. all of them report 628isha’s comment that. . withdrawing from one’s wives.

a-khayyartuh: w:Aida aw mi8a ba6d an takht:ran. 70 al-D:rim. Sunan (3al:q: 38). 4aA.oxfordjournals. the fifth time.A (3al:q: 25–30.67 In one of al-Bukh:r. The verses introducing li6:n provide a procedure by which a man can deny paternity of his wife’s child by accusing his wife of infidelity without the requisite four witnesses. ‘I do not care whether I offer her ‘the choice’ once or a hundred times after she chooses me!’68 Muslim includes two Madinan versions of 628isha’s story with several more narrative details than Masr<q’s succinct Kufan reports. calls God to reject her if she is telling the truth. Ab< D:w<d. al-Bukh:r. either refer to a different incident than the takhy. Masr<q drives home the legal point by exclaiming. Ab< D:w<d. call God to reject him if he is lying. 69 Muslim. ‘li6:n’ in the EI2. Muslim. and. serves as a decisive proof in favour of the mainstream Sunni position that the act of granting one’s wife ‘the choice’ does not count as a divorce if she chooses to remain with her husband.A (3al:q: 5). as can be seen in the following Qur8:nic passage (24. al-Tirmidh.r episode or are inauthentic.340 s co t t c .th scholars under examination. but both of them conspicuously lack any indication as to whether the husband’s act of granting his wife ‘the choice’ counts as a divorce. Sunan (3al:q: 5). the fifth time. Ibn M:ja. contains the most tangled web of narratives that strive to answer questions left unanswered by the Qur8:n. Sunan (nik:A: 39). 5). 32–6). al-Bukh:r.. and Ab< D:w<d. but have no other witnesses. See also Joseph Schacht’s extensive entry. Muslim. 4aA. al-D:rim.org at Princeton University on July 17. 4aA.: FatA al-b:r.ths on this topic.69 Assuming that the Aad. Sunan (3al:q: 20). Sunan (3al:q: 27–9). let each one four times call God to witness that he is telling the truth. 6–7): As for those who accuse their own wives of adultery. 4aA.’s two Aad. l uc as as a divorce... Ibn M:ja. al-J:mi6 (3al:q: 22). 4aA. al-Tirmidh. al-J:mi6 (3al:q: 4). Sunan (3al:q: 12). 2011 6 The Procedure for mutual imprecation: the story of the first li6:n71 The final topic covered by all six Aad. 68 L: ub:l.. in its Kufan manifestation. Sunan (3al:q: 27).A (3al:q: 4. Downloaded from jis. x. mutual imprecation. 67 . Sunan (3al:q: 2). Ibn M:ja..ths found in the Sunans of al-D:rim..A (3al:q: 4). Ab< D:w<d.70 628isha’s story. Ibn M:ja..A (li6:n). which report that the Prophet divorced EafBa and then took her back. 71 al-D:rim. Sunan (3al:q: 1). punishment shall be averted from his wife if she in turn four times calls God to witness that her husband is lying and. 461 (3al:q: 5)...

between 117/735 and 120/738). iii. 6Ad.q) is part of the li6:n procedure and involves Ibn Jubayr visiting a fatigued Ibn 6Umar in the Hijaz. Muslim. It includes the names of the two primary characters. al-J:mi6 (3al:q: 22). 74 62Bim was ordered by the Prophet not to attend Badr but was present at all of the battles from UAud through T:b<k. Sunan (3al:q: 27). While Ibn 6Umar does not reveal the precise name of the first man to perform li6:n. 6Ub:da’s jealousy were he to find a man in bed with his wife and segues into the jealousy (ghayra) of the Prophet and God. He lived 105 years. 53.th books is transmitted by either N:fi6. but rather the information that the Prophet separated the parties. see al-Bukh:r. 4aA.d b. mawl: of Ibn 6Umar (d.73 The second most popular version of this story is transmitted from the long-lived Companion Sahl b. and. 2011 72 A fourth story reports Sa6d b. see al-D:rim. ‘What does a man do if he finds someone Downloaded from jis.A (li6:n).74 to whom the Prophet refused to answer the question. 91/709–10 or 88/706–7) directly to al-Zuhr. (d. Ibn M:ja. see al-D:rim. 124/742). Sa6d al-Sa6:d. al-Bukh:r. Muslim 4aA. The only report found in all six Aad. according to Ibn Sa6d. Jubayr.. Jubayr (d.d b. in the case of N:fi6’s narrations. or Sa6..A (3al:q: 34. 4aA. Sunan (nik:A: 37)..A (3al:q 32. 432.. 95/714) from 6Abd All:h b. Sunan (nik:A: 58). (d. A fifth story. Ibn M:ja.. Muslim. The significance of Ibn 6Umar’s story is not the identity of the involved parties. al-Tirmidh.’ or ‘someone from Ban< al-6Ajl:n’. Sunan (nik:A: 39). 4aA. 33. (d. 52. al-J:mi6 (3al:q: 22).. 35). al-Bukh:r. which parent gains custody of the child? The various versions of the ‘first li6:n’ story can answer these questions. 4aA. al-Bukh:r.s ch o l a r s t yl e 341 These verses raise two major questions that are reflected both in the Aad. granted custody of the baby to the mother. 62sim b. even though they are contradictory concerning the name of the first man who executed this procedure. .. concerns a Bedouin who denies paternity of a dark skin baby borne by his wife and is more of a warning against the hasty denial of paternity than an elucidation of li6:n procedure. Ibn Jubayr’s story begins with a dispute in Iraq during the reign of MuB6ab b. Sunan (3al:q: 27)..¯ D I V O R C E . Muslim. 45/665–6). al-D:rim. Ab< D:w<d. E A D I T H . and. For Ibn 6Umar N:fi6. al-Zubayr (686–91) over whether termination of the marriage (tafr.oxfordjournals.. if it does. al-Tirmidh. Sunan (nik:A: 39). Ab< D:w<d. Fabaq:t. al-J:mi6 (al-wal:8 wa-l-hiba: 4). with little to say about the li6:n process.A (3al:q: 26). 4aA. told by Ab< Hurayra on the authority of the Prophet. he indicates in most versions that it was either ‘an AnB:r. 4aA.. Sunan (3al:q: 28).A (li6:n).th-scholars’ chapters devoted to li6:n and the three major stories72 found among the Aad.A (Aud<d: 42).ths on this topic—Does li6:n actually lead to the termination of the marriage.A (li6:n). 4aA. 73 For Ibn 6Umar Sa6. Sunan (3al:q: 27).A (li6:n). Ab< D:w<d.org at Princeton University on July 17. 6Umar. al-Tirmidh.

’s narration does not mention the triple divorce. see Muslim. 4aA.77 Another Aad. Ibr:h. Ibn Jurayj. 6Iy:@ b. For al-Zuhr.76 Further complicating Sahl’s report is the narration of Ibn 6Uyayna from al-Zuhr.ths of M:lik. the Aad. ii. like the majority of the Aad. ibid.. D:w<d. 4aA.A (li6:n). 6Ad. that almost certainly relates to this same event. Ibr:h.. 79 Hil:l was an early convert to Islam who does not appear to have been present at UAud. Muslim. 77 Literally. He achieved some notoriety for being among the three men criticized and forgiven in the Qur8:n (9. see al-D:rim.75 the unfortunate fellow who found himself in this situation. see Ab< D:w<d.A (3al:q: 30).. Sunan (nik:A: 39). provides no evidence for the termination of the marriage at the end of the li6:n process. see al-Bukh:r. Sunan (3al:q: 27). 6Abd All:h. 4aA. have 6Uwaymir confessing that he lied during the li6:n procedure and quickly proceeded to divorce triply his wife ‘before the Prophet commanded him (to do so)’. 294–5. l uc as in bed with his wife?’ and 6Uwaymir al-6Ajl:n. who is also one of the candidates for whom the li6:n verses were revealed. Sunan (3al:q: 27).m b. Sunan (3al:q: 27). al-Awz:6. For al-Zuhr. While these narrations provide names to this event. Note that Ibn Sa6d does not associate Hil:l with the first li6:n. 2011 Nothing much appears to be known about him outside of this Aad. For al-Zuhr.78 Ibn 6Abb:s’ recounting of the story. Sa6d and 6Iy:@ b.342 s co t t c . 852/1449) identifies as 6Uwaymir. 6Abd All:h al-Fihr. 4aA. 75 . 4aA. 578 (3al:q: 31.m b. 76 For al-Zuhr. For al-Zuhr.ths transmitted from Sahl. Sunan (nik:A: 39). al-Bukh:r. Ab< D:w<d.. M:lik. see Ibn M:ja..A (li6:n). 36).. Y<nus.. This Aad. and his anonymous kinsman.. which.th. x. 4aA. and instead narrates that the li6:n occurred after the wife gave birth and the Prophet saw that the infant bore a strong resemblance to the man who was accused of adultery.oxfordjournals. Ibn Jurayj. Sunan (3al:q: 27).A (li6:n). This already tangled web of narrations is further complicated by reports that the first man to perform li6:n was Hil:l b.org at Princeton University on July 17. according to Ab< D:w<d. Sa6d. For al-Zuhr. from al-Zuhr.. iv. Ab< D:w<d’s comment is found following Ibn 6Uyayna’s narration in Sunan Ab. 569. is the only report on the authority of Sahl in which the Prophet himself terminated 6Uwaymir’s marriage. Fabaq:t. mentions 62Bim b. transmitted from Ibn 6Abb:s.79 who Downloaded from jis. Ibn Sa6d.th is not found in the other four collections. iv.475 (3al:q: 27).th. 118) for staying behind in Madina during the raid to T:b<k. whom Ibn Eajar (d. The only scholar under examination not to include Sahl’s story is al-Tirmidh. ‘separated (farraqa) the couple’. Muslim. other than that he was present at UAud.A (3al:q: 29). Umayya.A (li6:n). whereas al-Awz:6. Muslim. Ab< D:w<d. see al-D:rim. 315–16. 78 FatA al-b:r. Y<nus.

‘the practice of the scholars is in accordance with this Aad.oxfordjournals.. 295. 147/764–5 or 148/765–6). 80 Downloaded from jis. cautiously graded Hish:m as ‘reliable (thiqa).¯ D I V O R C E . goes one step further by limiting his chapter to the two recensions of Ibn 6Umar’s account of li6:n affirming the legal point that the arbiter must separate the couple at its conclusion. interestingly. Ibn Sa6d. The clusters of reports that name or indicate 6Uwaymir as the first practitioner of li6:n and those that award Hil:l this dubious distinction defy satisfactory reconciliation and forced Aad. M:lik or Ibn 6Abb:s.k b. Muslim. ManB<r that does not involve Hish:m. Ibn M:ja. Fabaq:t. Ibn Mas6<d. Ibn M:ja. his father’s name is 6Abda b.org at Princeton University on July 17. It is unclear as to whether he was present at UAud and he may have been among the military commanders in Syria during the caliphates of Ab< Bakr and 6Umar. (d. Interestingly. avoid this confusion by only citing narrations that relate to the 6Uwaymir story. 271. al-J:mi6 (3al:q: 22). 83 Another self-identified witness to an act of li6:n. he belongs to the Ban< 6Ajl:n. al-Tirmidh. Sunan (3al:q: 27). see Ibn Sa6d. Ab< D:w<d. Eass:n al-Qurdus. Mugh. 150.84 Muslim. and al-Tirmidh. combines the stories so that 6Uwaymir accuses his fellow tribesman Shar. use the same chapter heading as Muslim and Ab< D:w<d. 198/813).th’. 2011 . This story is found in the books of al-Bukh:r. IB:ba. Ibn M:ja includes a couple of additional unique Aad. Muslim.th scholars to adopt certain strategies for dealing with them. Sa6.s ch o l a r s t yl e 343 accused Shar. and al-Tirmidh.th and.th critic. but include fewer contradictory reports.82 These reports make no mention of separating the spouses and focus instead upon Hil:l’s status as the ‘first person in Islam’ to perform li6:n.d al-Qa33:n (d.n Anas.r.. Fabaq:t. like 6Uwaymir. states after Ibn Jubayr’s version of the Ibn 6Umar narration that. and Ab< D:w<d collect all of the contradictory versions of this story in a single chapter (or book) simply labelled as. SaAm:880 of having committed adultery with his wife without any witnesses. 82 Ab< D:w<d does have a lengthy additional transmission from Ibn 6Abb:s 6Ikrima 6Abb:d b. Note that the great Basran Aad. ix. which could refer to either 6Uwaymir or Hil:l. and Ibn M:ja have as a common link the Basran Hish:m b.83 Al-D:rim. YaAy: b.k’s mother’s name. Ibn Eajar.81 who claimed to have heard it from 6Ikrima Ibn 6Abb:s and Ibn S. merely identifies the male imprecator as ‘an AnB:r. ii. E A D I T H ..ths in his chapter on li6:n that have nothing to do with the story of the first li6:n. iv. demonstrates his legal SaAm:8 is Shar.85 Al-Bukh:r. God willing’.ths. 81 For more on Hish:m. along with the practice of determining paternity on the basis of physiognomy. 85 al-D:rim. ‘What has reached us concerning li6:n’ and leave it for the reader to sort out the legal implications of this knot of Aad. Ibn Sa6d. the versions in al-Bukh:r. 84 al-Tirmidh.k of commiting adultery with his wife. and al-Tirmidh. Sunan (3al:q: 27). and Ab< D:w<d on the authority of Anas b.’.

4aA. The lesson we derive from our analysis of the pile of contradictory Aad.ths about the first li6:n is that the Aad.86 He wields the transmission of Sahl Zuhr. and to the crucial role of the q:@.oxfordjournals. 4aA. 4aA. 87 al-Bukh:r. in separating the couple that has performed the very public procedure of mutual imprecation.A (3al:q: 28). 89 Ibid. He also cites Sahl’s narration as evidence for ‘One who divorces (his wife) after the li6:n process’. 550 and 569. in the case of al-Bukh:r.th collections from this period. 88 Ibid. I would have stoned her’..88 and the Ibn 6Umar that the mother receives custody of the child. which includes the first Ibn 6Abb:s story.h. to the clarification that a woman who. l uc as acumen by employing the various versions of these stories to tease out multiple legal details in ten chapters of his ‘Book on Divorce’. ranging from the prohibition of divorcing one’s wife while she is menstruating. 2011 . when granted ‘the choice’.org at Princeton University on July 17. or. 2) faithfully recording all of the variations without providing legal opinions. Ibn Jurayj as proof that the li6:n procedure can (or should?) be done in a mosque.A that deal with li6:n.A (3al:q: 30).89 Al-Bukh:r. What is more striking There are actually twelve chapters in al-Bukh:r. whereas F:3ima’s report that triply-divorced women receive neither maintenance nor lodging seemed incorrect in the eyes of 628isha and 6Umar. and Chapter 31. x.344 s co t t c . (3al:q: 29). ‘Were I to have stoned anyone without evidence. but Chapter 25 (the validity of indicating li6:n by writing or pointing) does not include any Aad. 90 Ibid. relates to the identity of the woman to whom the Prophet was referring when he supposedly said.A (3al:q: 34). since Subay6a’s story merely reaffirms the declaration in Qur8:n 65. chooses to stay with her husband has not expended one of her two revocable divorces. 3) ignoring the contradictions while simultaneously exploiting the variations in order to derive multiple legal rulings.’s 4aA..ths related to the ‘first li6:n’ stories. 86 Downloaded from jis. These topics appear at first sight to be highly random. 4aA.. 6 that a woman’s waiting period is completed at the moment of childbirth.th scholars’ three strategies consisted of reducing or eliminating the contradictions through: 1) selective inclusion. It is remarkable that only six of the 45 divorce-related topics addressed by at least one of the third/ninth-century Aad.A (3al:q: 35). The two topics concerning the waiting period are surprising.th scholars under consideration are found in all of the major Aad. only uses the version in which Hil:l is named as the first imprecator in his chapter stating that the man goes first in the li6:n procedure90 and does not include the Anas narration of this report in his 4aA.87 the Ibn 6Umar N:fi6 6Ubayd All:h transmission to indicate that the two parties are to N:fi6 M:lik version to show be separated. FatA al-b:r.

we can identify which legal issues al-D:rim.. He shows little concern for procedural issues surrounding divorce proper (3al:q).92 While he recounts Ibn 6Abb:s’ Aad.th scholars in their presentations of these six topics.A (nik:A: 54). 4aA. This topic is also found in al-Bukh:r. and the unnamed wife of Rif:6a al-QuraC. These topics are found in four different sections of his Aad. half of which we just examined in the previous section. al-Bukh:r. 728/1328) and AAmad MuAammad Sh:kir Muslim.. whom I shall consider after Ibn M:ja.. ranging from the famous Ibn 6Umar and 628isha to the more obscure F:3ima bint Qays.91 along with a large cluster of Aad. their individual legal methodologies emerge most clearly when we compare their overall articulations of the laws of divorce to each other. Ab< D:w<d.th compilation in addition to the ‘Book on Divorce’ and generally consist solely of prophetic Aad.th that a triple divorce counted merely as a single one at the time of the Prophet. beyond his assertion that a man who declares his wife ‘unlawful’ (Aar:m) has merely issued an oath that must be expiated if he wishes to have intercourse with her if he did not intend to divorce her.. 4aA.ths that include the prophetic prohibition against a woman stipulating that her suitor must divorce his existing wives prior to marrying her. 91 Downloaded from jis. This topic is also discussed by al-Bukh:r.. INDIVIDUAL PROFILES Now that the six core topics have been elucidated. and al-Tirmidh.s ch o l a r s t yl e 345 is that all six topics consist primarily of short narratives involving an unusual selection of Companions of the Prophet. with the exception of al-Bukh:r. 8) and Ibn M:ja. Ibn M:ja. and the early years of 6Umar’s caliphate. 1 Ab< l-Eusayn Muslim b.¯ D I V O R C E . a report which centuries later Ibn Taymiyya (d.ths with complicated transmission histories. E A D I T H . Muslim covers a mere twelve legal topics related to divorce in his 4aA. 92 Muslim. 4aA.th scholar will be introduced in the order of the ascending quantity of legal topics pertaining to divorce he addresses. While we have seen some differences among our Aad. Each Aad. due to the former scholar’s unique hermeneutics.oxfordjournals. Subay6a.A.. chose to address and analyse their sources. Muslim.org at Princeton University on July 17. Ab< Bakr.A (buy<6: 4).A (3al:q: 3). al-Eajj:j al-Nays:b<r. the summary presentation of which will occupy the remainder of this article. 2011 . al-J:mi6 (3al:q: 14). and al-Tirmidh. 4aA.. Sunan (3al:q: 2)..A (3al:q: 7. Ab< D:w<d. 6Uwaymir al-6Ajl:n. Sunan (3al:q: 28).

. Sunan (3al:q: 24). al-J:mi6 (al-wal:8 wa-l-hiba: 1). a report which al-D:rim.A (3al:q: 21).org at Princeton University on July 17. as we shall see below.. NiC:m al-3al:q f. and. Ibn M:ja.th in which J:bir b. 4aA. according to al-Dhahab.96 Finally. Ibn Taymiyya and AAmad Sh:kir also relied upon a version of the Ruk:na Aad.ra. 2nd edn.l:8’ to a separate incident in the Prophet’s life involving a broken leg.93 Muslim merely labels this chapter ‘the triple divorce’ without comment. 4 and clarifies that the Prophet ended his month-long . Ibn M:ja. al-D:rim. Sunan (3al:q: 9)..th (described below). 93 . save al-Tirmidh. 6Abd All:h (d. Ab< D:w<d. v. Sunan (3al:q: 19–22). Ibn M:ja.). 4aA.A (6itq: 2). AAmad Sh:kir. I assume that the fact Muslim does not declare the triple divorce to be unlawful means that he at least tacitly approves its practice. Sunan (3al:q: 15). Sunan (3al:q: 14). and Ab< D:w<d.94 Muslim touches briefly upon three additional topics. 4aA. links the ‘month-long .A (3al:q: 5). Al-Bukh:r..97 Downloaded from jis. 95 Muslim. their reading of Qur8:n 2. This Aad. al-Bukh:r.. relates a highly abbreviated narration of Bar.th is also found in Ab< D:w<d. al-D:rim.. 381. 97 Muslim.-l-Isl:m (Cairo: D:r al-Fib:6a al-Qawmiyya. Sunan (3al:q: 41). between 73/692–3 and 78/697–8) reports that the Prophet permitted his divorced mother to attend to her date palms away from her house during the daytime of her waiting period. instead of the expected 30-day month. 4aA. Sunan (3al:q: 10).d.A (3al:q: 7). 96 Muslim.346 s co t t c . Muslim presents the widely reported Aad. His section on the oath of forswearing sexual intercourse with one’s wives consists largely of lengthy narratives of the dramatic episodes surrounding the identities of the two wives who ‘collaborated against (the Prophet)’ mentioned in Qur8:n 66. which all of the Aad. Siyar a6l:m al-nubal:8. 1969).. 229.th about 628isha’s act of manumitting Bar.A (3al:q: 2). n.. 420–1. al-Bukh:r.A (3al:q: 15–17). Note that al-Tirmidh. (along with Ab< Zur6a and Ab< E:tim) considered Ab< l-Zubayr to be nonauthoritative (l: yuAtajju bi-hi). 4aA. probably did not include this Aad..l:8 after only 29 days. use to demonstrate the right of the married slave woman to chose whether to remain married to her husband or divorce him at the time she gains her freedom. 94 Muslim. Ibn Taymiyya (Cairo: D:r al-Fikr al-6Arab. Sunan (3al:q: 29).oxfordjournals. and Ab< D:w<d also employ in support of this position. 57–60.th. Ibn M:ja also reports that the Prophet performed a one-month .l:8 that was only twenty-nine days. 43 (references).th scholars under consideration. al-Bukh:r. Al-Bukh:r.95 He relates a single narration of a Aad. l uc as (1892–1958) would seize upon as evidence in their opposition to the triple divorce.ra’s story that does not mention her right to chose to end her marriage. 2011 See MuAammad Ab< Zahr:.th since the only version narrated by these four scholars contains the isn:d J:bir Ab< l-Zubayr.. and qiy:s. 4aA. In addition to this Aad.

. 30.ths in the course of his studies. and she cites Lane’s definitions of b-t-t. These topics include the affirmation that a divorce uttered prior to marriage is invalid. ‘6Ikrima’. ‘to cut off’. Muslim’s methodology. Sunan (3al:q: 3). Sunan (3al:q: 7). Juynboll.. child custody. 74.. see G. Tadhkira. which is a popular proof that divorce prior to marriage is invalid. such as divorce. own) the woman’. he discusses eight issues ignored by Muslim.A.s ch o l a r s t yl e 347 Muslim’s chapters on divorce indicate the limited utility of Aad.. For example. Sunan (3al:q: 17) and al-Tirmidh.98 Likewise. 748/1348) states that Muslim shunned 6Ikrima on account of his alledged Khariji beliefs. Chapters. despite the consequence that for certain legal fields.-m: tamlik . 107/ 725–6). and al-Tirmidh.th from the one found in the books of Ibn M:ja. (d. 99 L: 3al:q ill: f. translated and annotated with an excursus on the chronology of fitna and bid6a’. Sunan (3al:q: 8). ‘Muslim’s introduction to his 4aA. 101 al-D:rim. He cites a different Aad.ths of the highest level of authenticity in early Muslim jurisprudence. adverse circumstances at the time of divorce.org at Princeton University on July 17. as he informs us in the introduction of his book. Sunan (3al:q: 7). only covers sixteen divorce-related topics in his Sunan..99 In short. Schacht says that the ‘best attested date’ for his death is 105/723–4. Ab< D:w<d. A. and others cite has 6Ikrima. ‘sever’. i.. The Arabic expression al-batta is translated by Susan Spectorsky as ‘definitely’ or ‘decisively’. which happens to be the primary chain of transmission for the report. Ab< D:w<d. a more likely explanation for their absence are his critical standards. 102 Ibid. 6Abd al-RaAm:n al-D:rim. .¯ D I V O R C E . Spectorsky. in its isn:d. he could only address a tiny fraction of the relevant issues. or ‘separate’. mawl: of Ibn 6Abb:s (d. 2 Ab< MuAammad 6Abd All:h b. 6Amr. the Cih:r oath. and al-Dhahab. Slight variants of this statement are found in Ibn M:ja..A to prophetic Aad.oxfordjournals. Although al-D:rim. E A D I T H . EI2. While it is possible that he simply missed some of these Aad. 103 al-D:rim.102 the female-initiated divorce. 98 Downloaded from jis. Jerusalem Studies in Arabic and Islam. the widely-circulated story about the wife of Th:bit b. Muslim is reported (as also is al-Bukh:r. 2011 . 5 (1984). and the impacts of conversion upon marriage. 263–311. al-J:mi6 (3al:q: 6).103 child al-Dhahab. Muslim is silent on the topics of the female-initiated divorce.ths that he evaluated as sound. ‘divorce is only valid if you are married to (lit. H. .100 led him to restrict the contents of his 4aA.101 the flexibility of the ‘batta divorce’. The death date of 107 is provided by al-Dhahab. Qays’ khul6 divorce that al-Bukh:r. 100 For a translation of this introduction. .) to have distrusted the controversial family isn:d related by Shu6ayb b.

Sunan (3al:q: 17).la and a second one as Bint 6Abd All:h b. 2011 . Sunan (3al:q: 18). nor Th:bit’. ‘Take from her what you wish.ba bint Sahl.110 al-D:rim. covers these additional legal topics through a mixture of sound and weak transmissions of prophetic Aad.ba because she told him that the Ibid. Sunan (3al:q: 21–3). Sunan (3al:q: 18).ba said.348 s co t t c . Ibn M:ja. Sunan (3al:q: 2). is that the Prophet divorced EafBa and took her back during her waiting period. 110 al-Bukh:r. Ab< D:w<d. Sunan (3al:q: 21). met the Prophet outdoors and said.’s act of breaking the Cih:r oath during Rama@:n106 and the Prophet’s purported statement that.ba settled into her father’s home. This report is also cited by Ibn M:ja.’s transmissions identifies the wife of Th:bit b. Ibn M:ja. 108 al-D:rim. Sunan (3al:q: 7). al-J:mi6 (3al:q: 10). al-Tirmidh. Sunan (3al:q: 9). al-D:rim. he introduces the topic of the female-initiated divorce through the widely transmitted story of Eab.ba bint Sahl and Jam. al-J:mi6 (3al:q: 11). 107 Ayyum: imra8a sa8alat zawjah: 3al:qan f.. Ibid. a report which possibly indicates the desirability of taking back one’s wife during her 6idda. ‘An Ascetic Vow or an Unseemly Oath?: . l uc as custody. 6Amra bint 6Abd al-RaAm:n (d. Ab< D:w<d. 106 Ibid. Furthermore.’s version adds the twist that Th:bit was initially angry with Eab.th. ‘I have everything he has given me right here’.107 The final subject introduced by al-D:rim. Upon Th:bit’s arrival. 113–25. Sunan (3al:q: 6). For example. Qays as Jam. Ab< D:w<d. one morning. Sunan (3al:q: 1) and Ab< D:w<d.-ghayr ba8s fa-Aar:m 6alayh: r:8iAat al-janna. and the narrator of the Aad.. ‘Any woman who asks her non-abusive husband for a divorce will be forbidden from [enjoying] the scent of Paradise’. x. FatA al-b:r. Note that one of al-Bukh:r.org at Princeton University on July 17. and al-Tirmidh. at 118. see Ibn Eajar. except for Muslim’s 4aA. This Aad. all use to discourage this practice.ths. Sunan (3al:q: 38).. Sunan (3al:q: 16). 98/717 or 106/724).A (3al:q: 12...la bint Ubayy while the Madinans call her Eab. Eab.th is mentioned in Gerald Hawting. Ibn 6Abd al-Barr observes that the Basrans call her Jam.105 He also recounts the lengthy story of Salama al-Bay:@.th books under consideration. which Ibn M:ja. 4aA. 13).109 While the gist of this core khul6 story is found in all of the Aad.la followed suit at a later date.. Ibn Eajar’s solution is that these are two discrete stories and that Eab. reports that Th:bit took a portion of what he had given her and then Eab.104 and the rules concerning the divorce of a slave girl.108 Al-D:rim. Bulletin of the School of Oriental and African Studies.. and then Jam.oxfordjournals. 105 104 Downloaded from jis. 501 (3al:q: 12). 58/1 (1994). Ubayy. al-Tirmidh.ba first performed the khul6 divorce on Th:bit. Ibn M:ja includes unique narrations in which her name appears as Eab. 109 al-D:rim. ‘Neither me.ba bint Sahl who. and set her free’.la bint Sal<l (3al:q: 22).l:8 and Cih:r in Muslim Law’. the Prophet said.A.

Ab< D:w<d. ‘Any woman who asks her nonabusive husband for a divorce will be forbidden from [enjoying] the scent of Paradise’. and Muslim address.org at Princeton University on July 17.¯ D I V O R C E . Ab< D:w<d. wanted to marry her. Note that the expression ‘batta3al:q.112 The second weak Aad.. ‘I did a batta divorce!’ The Prophet asks. informs us that when he asked him about it. reaches a broader array of legal topics than Muslim through a combination of both sound and weak prophetic Aad. 112 al-D:rim. and al-Tirmidh.111 This detail suggests that al-D:rim.. Ibn M:ja. Sunan (3al:q: 17). ‘A slave girl can only be divorced twice and her waiting period is two menstrual cycles’. Ab< D:w<d. it is striking that only the former provides useful information for six of the seven classifications of divorce topics that Spectorsky identified in her previously cited study of Ibn Eanbal and Ibn R:hawayh.. Sunan (3al:q: 18). ‘It is what you intended’.th.A (nik:A: 17). definitely knew of this Aad. ‘What did you want it to be?’ to which Ruk:na replies. especially when we read this chapter in conjunction with his previously mentioned prophetic statement that. In some of the other versions. Sunan (3al:q: 8). al-J:mi6 (3al:q: 2). 2011 Ab< D:w<d also includes one narration in which Th:bit ‘struck her and broke part of her’.113 Despite the modest number of topics that both al-D:rim. 111 Downloaded from jis. E A D I T H .. recounts the story of a conversation between the Prophet and a distraught man named Ruk:na who exclaims. Muslim has practically nothing to say as well. and that Th:bit subsequently struck her.114 Al-D:rim. variants of which are found in the books of Ibn M:ja. 114 The only category for which al-D:rim. about which.’s version is unique in that it reports that the Prophet made Ruk:na swear ‘By All:h’ prior to telling him ‘It is what you intended’. Al-D:rim. The first Aad. which does not appear in his 4aA.hi i@3ir:b) since it was transmitted in a version in which the word ‘triply’ was substituted for ‘al-batta’. and al-Tirmidh.. al-Bukh:r. Al-D:rim. because al-Tirmidh. declared it to be ‘inconsistent’ (f.ths with weak isn:ds.th. ‘a single divorce’.ths that Muslim did not deem worthy to disseminate or of which he was unaware.A. The Prophet then tells him. 4aA. 4aA.A (3al:q: 4) and Muslim. the Prophet just sends him back to his ex-wife. . Sunan (3al:q: 19). al-Tirmidh.. only considered the khul6 divorce valid in cases of an abusive husband.’ appears in some of the narrations of the story of ‘Rif:6a’s unsatisfied ex-wife’ (discussed above) in al-Bukh:r. clarifies the nature of the ‘batta divorce’ and the divorce of a slave girl through the use of Aad. merely reports that the Prophet said. who was their neighbour. Al-Bukh:r.s ch o l a r s t yl e 349 Prophet.th.oxfordjournals. has nothing to say is the oath of abstinence. Sunan (3al:q: 14). also found in the books of Ibn M:ja. as we saw above. 113 al-D:rim.

Ibn M:ja. her non-Muslim husband is automatically divorced a single divorce that is only revocable if he converts to Islam during her waiting period. Ab< D:w<d. reports that the Prophet approved 6Umar’s act of forcing his son to divorce one of his wives whom 6Umar disliked. such as the validity of a divorce that one utters in jest. l uc as This strategy is essentially the same as that of Ibn M:ja. 116 al-Tirmidh.oxfordjournals. al-J:mi6 (3al:q: 9). including the eponyms of the four Sunni schools of law. al-J:mi6 (3al:q: 8. 121 al-Tirmidh. 119 al-Tirmidh.org at Princeton University on July 17. 2) A woman can leave her house during the daylight hours of her waiting period. Ibn M:ja. ‘Your 115 Downloaded from jis.121 A good example of al-Tirmidh.A (3al:q: 20).. and al-Tirmidh. covers upon which al-Tirmidh. 2011 The only topics that al-D:rim. In addition to covering the majority of topics found in al-D:rim.. 4aA.. and Ab< D:w<d. Sunan (3al:q: 15). 118 al-Tirmidh. is silent are: 1) Taking one’s wife back after a revocable divorce. 117 al-Tirmidh..117 Al-Tirmidh. al-Bukh:r. al-J:mi6 (nik:A: 43). Ibn M:ja. 120 al-Tirmidh. Sunan (3al:q: 13). al-J:mi6 (nik:A: 34).350 s co t t c .ths are found in the books of these three men.’s J:mi6 on issues concerning the divorce procedure.A (3al:q: 11). al-J:mi6 (3al:q: 13).. as well as the category of the impact of conversion to Islam upon preexisting marriage bonds. Sunan (3al:q: 36). ¯ ¯ 3 Ab< 6Is: MuAammad b. Sunan (3al:q: 9).. Sunan (3al:q: 25). Sunan (nik:A: 60) and Ab< D:w<d.’s ‘Book on Divorce’. Sunan (nik:A: 39) and Ab< D:w<d.’s methodology can be seen in his discussion of the takhy. Ibn M:ja.’s legal topics related to divorce and most of his Aad. 15).119 ordered another convert to choose one of the two sisters whom he married prior to becoming Muslim.r statement in which a man says to his wife. Sunan (3al:q: 23. al-J:mi6 (nik:A: 33). 24). Ibn M:ja. .. Al-Tirmidh.120 and stipulated that when a woman converts to Islam. He addresses 24 legal topics surrounding divorce which touch upon all of Spectorsky’s categories. 4aA.r. demonstrates his awareness of the vibrant legal discourse in which he was composing his J:mi6. Sunan (nik:A: 40) and Ab< D:w<d. al-Bukh:r.’s inclusion of the legal opinions of the leading jurists who preceded him... Sunan (3al:q: 25).115 there is an elevated focus in al-Tirmidh. Ibn M:ja.118 obliged a man who converted to Islam to divorce six of his ten wives. and it is perhaps for this reason that all of al-D:rim. and 3) The right of a manumitted married slave woman to takhy. 6Is: al-Tirmidh.116 but the invalidity of the divorce uttered only to oneself or by an insane man.

from Ab< Hurayra. ‘I only put your matter in your hand for a single divorce. 124 Ibid. d. mawl: of Ban< Samura. al-J:mi6 al-BaA.. Ab< D:w<d.b) and ‘known only from Eamm:d b. from Ab< Salama. ‘Do you know of anyone other than al-Easan al-BaBr. before recounting the following juristic disagreement on this topic: 6Umar and Ibn Mas6<d say. Some scholars said that it depends on the man’s al-Tirmidh. Then [Ayy<b] said.’122 This conversation between Eamm:d and Ayy<b.s ch o l a r s t yl e 351 matter is in your hand’ (amruki bi-yadiki).’s verdict that the report really communicates Ab< Hurayra’s opinion rather than that of the Prophet. (‘Your matter is in your hand’) is a single divorce. 179/795] said to Ayy<b [al-Sakhtiy:n.A. Sunan (3al:q: 13). ‘I met up with Kath. Then I returned to Qat:da and informed him of all this. iii. while 6Al. and the Kufans agree with 6Umar and Ibn Mas6<d.’s Sunan: It is reported that 6Umar made the ‘batta’ a single divorce. ‘Your matter is in your hand’ and the husband says. Ibn R:hawayh follows the opinion of Ibn 6Umar. Th:bit say it is for as many divorces as she wishes (al-qa@:8 m: qa@at). iii. ‘Three.¯ D I V O R C E .r mawl: Ban< Samura and when I asked him about [this Aad.’ he must take an oath.r.. M:lik and Ibn Eanbal agree with the position of 6Uthm:n and Zayd. Earb’. dwarfs the actual statement of the Prophet and does little to instil confidence that anyone other than al-Easan al-BaBr. ‘[Kath. provides a concise summary of the batta divorce that we encountered in our recent discussion of al-D:rim.th as ‘poorly attested’ (ghar. from the Prophet (peace be upon him).’ Ayy<b continued.A. who said. Zayd [d. Sufy:n al-Thawr. 131/748–9].th pertinent to this topic is the following: Eamm:d b. two luminaries of Aad. Al-Tirmidh. ‘No. and his statement with the oath is what stands. al-J:mi6 (3al:q: 3). 6Uthm:n and Zayd b.th] he did not recognize it. considered the expression ‘Your matter is in your hand’ as a potential triple divorce. 2011 In a similar vein. only al-Easan’. 122 . candidly describes this Aad. to which he said. Ibn 6Umar: If she divorces him three times after he says.124 Downloaded from jis. counted the ‘batta’ as a triple divorce. ‘God forgive me! There is the report which Qat:da related to me from Kath. Zayd Sulaym:n b.r] forgot. ‘your matter is in your hand’ to count as three [divorces]?’ Ayy<b said. E A D I T H . 482. 123 al-Tirmidh. 481 (3al:q: 3). who considers the expression. The sole prophetic Aad.123 He includes al-Bukh:r. al-J:mi6 al-BaA.org at Princeton University on July 17.oxfordjournals.th scholarship in late-Umayyad Basra.. al-Tirmidh.

the batta divorce counts as a triple divorce. Ab< D:w<d’s deep interest in Islamic law can be detected from the relatively large number of legal topics presented in his Sunan. Each Aad. hardly an evaluation that inspires confidence in its veracity. transl. 480-1 (3al:q: 2).th. apart from his cohorts. This is the opinion of Sufy:n al-Thawr. Al-Sh:fi6. who did not transmit any Aad.th scholars through his use of the expression Aasan BaA. 2011 Ibid. it is only one divorce and he possesses the right to take her back. 127 Note that al-Tirmidh. fair.org at Princeton University on July 17. such as his collection of Ibn Eanbal’s legal opinions128 and especially his Epistle to the Makkans. Rash. it is a double divorce. iii.d Ri@:. 4 Ab< D:w<d Sulaym:n b. 1934 or 5). and if he intends a triple batta divorce. (3al:q: 7). in which he Downloaded from jis. 126 125 . if he intends a double batta divorce. along with his other short surviving books. UK: Garnet.127 or weak Aad. 2005)..126 Al-Tirmidh. Aslam. that 628isha’s report that the Prophet said. Ibid. and the Kufans.th and the emerging schools of law that is unparalleled among his third/ninth-century peers. Even though his inclusion of fragments of the discourse of juristic disagreement (ikhtil:f al-fuqah:8) sets al-Tirmidh. is ‘poorly attested and only attributed to the Prophet by MuC:hir b. invented the grade of ‘fair’ (Aasan) and confounded generations of Aad. it is a triple. M:lik says that if he has consummated the marriage. al-Ash6ath al-Sijist:n. l uc as intention: if he intends a single divorce. 17–23. Mas:8il al-Im:m AAmad (ed. his methodology is ultimately the same as that of al-D:rim.oxfordjournals. A portion of this text was translated on the basis of the superior G:hiriyya manuscript by Susan Spectorsky in Chapters. namely the discussion of only those legal topics connected to a sound.A. see Ibn al-4al:A al-Shahraz<r.. for example.ths other than this one’.125 Al-Tirmidh. 60–90.352 s co t t c . restricts his discussion to topics for which he has a prophetic Aad. it is singular. achieves a level of transparency and harmonization between Aad.th is graded. for an effort at elucidation. it can only be a single divorce. by Eerik Dickinson (Reading. Cairo.th and he rarely presents multiple narrations of the same report.th. says that if he intends a single batta divorce. and if he intends a triple divorce. 128 Ab< D:w<d. An Introduction to the Science of Ead. it is triple. and if he intends a double divorce. so the reader learns. ‘A slave girl can only be divorced twice and her waiting period is two menstrual cycles’.

th that has a serious defect (wahn shad. and al-Sh:fi6. M:lik. M:lik. 197/ 812)..6 and 6Abd al-Razz:q. Downloaded from jis. (d.. 46. 395–6. 133 Ibid.130 While this may be true in many or even most cases. Salama (d. Ab< D:w<d claims to have included approximately 4800 mostly good (B:liA) Aad. 134 Ibid.s ch o l a r s t yl e 353 describes the methodology behind his Sunan. 32–3. 130 Ibid. 131 Ris:lat Ab.138 129 The existence of this short work was brought to my attention by Christopher Melchert’s article.. and the MuBannafs of Eamm:d b. the Muwa33a8 of M:lik.. and collected the Aad. Ab< D:w<d provides the number 4800 on pp. he had taken their juridical opinions and collected the Aad.ths. Ab< D:w<d also singles out Sufy:n al-Thawr.ths in which the Companion link is missing (mursal) with the argument that al-Thawr.ths that form the basis of the opinions of al-Thawr. he also says that 600 of these Aad. 33–4.d) in its isn:d. 132 Ibid. presumably from books like those of Wak.6 have few prophetic Aad. Thal:th ras:8il f. 46–7. 138 Ibid.th quoted there.l.th (Aleppo: Maktab al-Ma3b<6:t al-Isl:miyya. 38. asserts that ‘Ab< D:w<d had [not] gone through the books of al-Thawr.. 135 Ibid. 137 Ibid..org at Princeton University on July 17. 2011 .ths137 and claims to have identified in his Sunan any Aad.132 He clarifies his legal methodology in this epistle... 181/797) and Wak. ‘some of which are more sound than others’.134 As for the calibre of the Aad. 136 Ibid. He observes that the books of Ibn al-Mub:rak and Wak. M:lik. 1997). D:w<d il: ahl Makka f.6 b..b) Aad. 47. rather. al-Jarr:A (d. waBf Sunanih in 6Abd al-Fatt:A Ab< Ghudda (ed.135 that are well known (mashh<r). 52 and 54. 157/774) all relied upon this type of report.). and al-Sh:fi6. ‘Traditionist-jurisprudents and the Framing of Islamic Law’.133 and he also encourages students to supplement their study of his Sunan by copying Companion opinions..ths are mar:s. 6ilm muBtalaA al-Aad. after citing Ab< D:w<d’s claim in this epistle to have included the Aad. defending the use of Aad.’s J:mi6 as being the finest work of its genre.131 After boasting that his Sunan is the most necessary book for students to learn after the Qur8:n.129 Christopher Melchert..ths worthy of inclusion is his Sunan and that most of their (prophetic) material is mursal. 167/784) and 6Abd al-Razz:q al-4an6:n.136 He is highly critical of reliance upon poorlyattested (ghar.ths in his Sunan.th to back them up’. E A D I T H . Ab< D:w<d indicates in the Epistle his familiarity with the (untitled) books of Ibn al-Mub:rak (d.oxfordjournals. and al-Awz:6. 37.¯ D I V O R C E .

must be taken earnestly: marriage. al-J:mi6 (3al:q: 9). Sunan (3al:q: 9). ii. who quoted the Prophet as saying.ths have been discussed in the previous two sections. with the exception of ‘Three [actions . Ibn M:ja.144 Furthermore.oxfordjournals. From a purely organizational perspective. 141 Anti aAaqqu bi-hi m: lam tankaA.]’ which is found in Ab< D:w<d. covers and all thirty of his topics are discussed by at least one of the five other Aad.th collection. such as the story of Khuwayla bint M:lik and Aws b. divorce. and al-Tirmidh.. such as ‘Any woman who asks her non-abusive husband for a divorce will be forbidden from [enjoying] the scent of Paradise’. 144 Ab< D:w<d. l uc as Despite his passion for Aad.141 He also ventures beyond the books of Muslim. he argues for the invalidity of divorce while in a state of anger. Sunan (3al:q: 3). to be justified. Ab< D:w<d acknowledges that he is not certain what the word ghal:q (angry) in the Prophet’s statement means. 139 Downloaded from jis. Sunan (3al:q: 16). and the story of Salama al-Bay:@. which clarifies the volume of wheat needed to feed the Qur8:nically-prescribed ‘sixty poor-folk’ for the expiation of Cih:r. Ab< D:w<d only manages to expand modestly the scope of legal topics on divorce that al-Tirmidh. Ibn M:ja. on the authority of 628isha. Many of his Aad.139 He occasionally provides unique Aad. Sunan (3al:q: 35). 4aA... Sunan (3al:q: 1).. Sunan (3al:q: 11). a feature that greatly facilitates All of these Aad. Sunan (3al:q: 16). al-Bukh:r.354 s co t t c .143 and the implications of referring to one’s wife as ‘my sister’. Sunan (3al:q: 18. in large part. Sunan (3al:q: 17).A (3al:q: 6). 2011 . Ibn M:ja. by touching on the topics of the reprehensible nature of divorce.142 words other than 3al:q that can effect a divorce. to whom he replied. ‘Three [actions].org at Princeton University on July 17. 19). . if done earnestly or jokingly.ths are identical to those found in al-D:rim.ths that address more precise legal points. al-Bukh:r. 4aA. al-Tirmidh.140 and the episode of an anonymous woman who pleaded eloquently with the Prophet for custody of her child.’s J:mi6. 140 Ab< D:w<d.. 143 Ab< D:w<d. ‘You have a greater right to [your child] as long as you do not remarry’.’s Sunan and al-Tirmidh. al-D:rim.th scholar in this survey to include all of his divorcerelated topics in his ‘Book on Divorce’. . D:w<d.A (3al:q: 10).’s broken Cih:r oath. Ibn M:ja. Sunan (3al:q: 13). Ab< D:w<d. and taking back one’s divorced wife’.th scholars under consideration. ‘A slave girl can only be divorced twice and her waiting period is two menstrual cycles’. 6Ub:da.145 Ab< D:w<d’s boast in his Epistle to the Makkans about the utility of his Sunan for the student of jurisprudence appears. 446 (3al:q: 8). ‘Divorce or manumission while angry is invalid’. Ab< D:w<d is the only Aad. 145 Sunan Ab. including those with inferior or even defective isn:ds. 142 Ibid.

148 Ibn M:ja.ths that only he narrates.148 Ab< D:w<d’s ‘Book on Divorce’ has a total of 50 chapters. and Ab< D:w<d.’s J:mi6. The first of these Aad. the husband must issue an oath. for identifying which Aad. relates in his J:mi6. Thanks to his concise Epistle to the Makkans. we can be confident that Ab< D:w<d was fluent in the legal discourse of his day. the witness’ testimony is invalid. Twentyseven of these topics.¯ D I V O R C E .: limiting discussion to legal topics that can be supported by sound or fair Aad.org at Princeton University on July 17. Downloaded from jis...ths than any of them.ths that are absent from the other canonical Aad. and al-Tirmidh. Ibn Maj:’s Sunan earns the prize for the greatest number of divorce-related issues among the books under consideration.n. many of which are quite obscure. Sunan (3al:q: 12). save Ibn M:ja and al-Bukh:r. acquainted with the earliest law books. In conclusion. in contrast to the 18 chapters in the ‘Book on Divorce’ in Sunan al-D:rim. while not shying away from a few weak and even poorly-attested ones when the only alternative is reliance upon post-prophetic authorities.ths reports that the Prophet said: If a woman claims that her husband divorced her and brings forth an upright witness to testify on her behalf.ths.oxfordjournals. 2011 5 Ab< 6Abd All:h MuAammad b. Ab< D:w<d follows essentially the same methodology as al-D:rim. At 32 topics.146 He addresses the same or a greater number of legal topics on divorce than all of his contemporaries. If he swears [that he did not divorce her].ths are unique to the Sunan and which are weak in his edition of this book. although he also refrains from relating any Aad. and 36 in Sunan Ibn M:ja.d Ibn M:ja al-Qazw. 146 . 23 in al-Tirmidh. Yaz.ths on the topic of the oath of abstinence. If he refrains from swearing the oath. like the Muwa33a8 of M:lik and 6Abd al-Razz:q’s MuBannaf. Ibn M:ja’s two unique legal topics are both grounded upon weak Aad. and probably knew all of the information about juristic disagreements that al-Tirmidh.s ch o l a r s t yl e 355 its use. his act of refraining counts as a second witness against him and the divorce is valid.147 For example. are found in the compilations of al-Tirmidh. and appears to relate a greater variety of Aad. 147 I am grateful for the labours of the editor. it distinguishes itself by its presentation of a surprisingly large percentage of unique and frequently weak Aad. While Ibn M:ja’s book covers basically the same legal territory as the works of al-Tirmidh.th books. Most of the topics he ignores fall under the category of the divorce procedure. MaAm<d MuAammad NaBB:r. however. E A D I T H . or Ab< D:w<d and only two of them are unique to Ibn M:ja’s Sunan.

150 149 Downloaded from jis. Ibr:h.org at Princeton University on July 17. 7. Al-Bukh:r. 16. addresses at least one topic that falls into Susan Spectorsky’s paradigm of seven categories of divorce laws that we have been using throughout this article. Lucas. al-Tirmidh. d. 153 Ibn M:ja. 6.152 and Ghayl:n b. Ibn M:ja. Ibn M:ja. Ibn M:ja follows the same basic methodology of al-D:rim.oxfordjournals. Sunan (nik:A: 40). He also addresses the three topics pertaining to conversion to Islam that are broached by al-Tirmidh. 6 Ab< 6Abd All:h MuAammad b.’s marriage to two sisters prior to his conversion to Islam. 17. although he has a special penchant for relating material that most major Aad. 19.th critics refrained from including in their books.th reports the Prophet’s clear prohibition of a master forcing his slave to divorce one of his female slaves: ‘O People! How can any of you marry one of your male slaves to one of your female slaves and then try and separate them? The right of divorce belongs exclusively to the one [who has the right] to her body [lit.l al-Bukh:r. and Their Relationship to Classical Salafi Islam’. l uc as The second Aad.As of Muslim and al-Bukh:r. which revolve around the anecdotes of Fayr<z al-Daylam.’s techniques become apparent from a close reading of his Innam: l-3al:q li-man akhadha bi-l-s:q. 13/3 (2006): 289–324. see Scott C. Sunan (nik:A: 40). and Ab< D:w<d by endeavouring to derive rulings almost exclusively from prophetic Aad. 30–32.153 Overall.th scholars. Salama’s ten-wife household. al-E:rith and another with al-E:rith b.151 Qays b.l al-Bukh:r. ‘The Legal Principles of MuAammad b. al-E:rith’s eight pre-Islamic wives.154 al-Bukh:r. Ab< D:w<d. 36. Ism:6. 154 For a detailed analysis of this topic. While this is not the appropriate place to review his chapters on legal methodology in his 4aA.149 Like so many weak Aad..’s legal hermeneutics represent a sharp departure from those of his contemporary Aad. 151 Ibn M:ja. al-Tirmidh.150 these two reports provide decisive answers for specific legal questions and are far removed from the complex narrations of so many of the Aad... 24. Ab< D:w<d has one narration with Qays b. Islamic Law and Society.th is found in each of the following chapters of Ibn M:ja’s ‘Book on Divorce’ in his Sunan: 1. 27. al-E:rith. He quotes AAmad b. Sunan (3al:q: 25). and al-Bukh:r..ths of variable degrees of reliability. 2011 . 246/860–1) as saying that the correct form is Qays b. Sunan (3al:q: 31). al-J:mi6 (nik:A: 34).356 s co t t c .. Sunan (nik:A: 39). Qays. al-J:mi6 (nik:A: 33). Sunan (3al:q: 25). 22. like al-Tirmidh. Ism:6. 21. 11–13. 152 Ibn M:ja.A. At least one weak Aad..ths in Ibn M:ja’s Sunan.ths found in the 4aA. thigh]’.. al-Tirmidh..m (al-Dawraq. and Ab< D:w<d.

th that clearly states.ths that none of his fellow compilers narrate.oxfordjournals.. 156 155 Downloaded from jis. MuAammad b. 6Al. Jubayr. you have no right to expect a waiting period when you marry believing women and then divorce them before you have touched them: make provision for them and release them in an honorable way’.d b. Mu36im). ShurayA. ‘It is like the Cih:r of a Qur8:n 33. al-Eusayn (Zayn al-62bid. and Ibn M:ja.d b. 20). Ab< Bakr b. and 6Amr b.b BaA. about the Cih:r oath executed by a slave. 6Uthm:n. MuAammad b. 6Umar). Zayd. 478 (3al:q: 9). 6Abd al-RaAm:n (b. al-Bukh:r. 157 Ibid.¯ D I V O R C E . names in support of this position are 6Urwa b. and al-Sha6b. Sa6d (al-Bajal. al-Bukh:r. x.). He also reports that the protagonist’s name is Salm:n in one version and Salama in the other two. all of whom narrated a prophetic Aad. ‘divorce is only valid if you are married to (lit. and Aasan. avoids it and instead begins his chapter by reminding the reader of the Cih:r verses in the Qur8:n (58.A. Yas:r.org at Princeton University on July 17. and an impressive list of twenty-three Successors. FatA al-b:r.A (3al:q: 23). al-E:rith b. said.b.th and grades them as Aasan ghar.). discusses a topic without relating a single prophetic Aad. 4aA. 6Abd All:h b. Unlike al-Tirmidh. al-Musayyab. Ab.’s story. 6Abd al-RaAm:n (b. 158 al-Tirmidh. Ka6b (al-QuraC. 62mir b.. 6Ubayd All:h b. E A D I T H .158 al-Bukh:r. 49. Ab:n b. 6A3:8 b. ‘Believers. al-Zubayr. Ab. 2) shedding light on a divorcerelated topic by means of Aad. J:bir b.156 While al-Bukh:r.s ch o l a r s t yl e 357 ‘Book on Divorce’.th is the Cih:r oath. 1–4) before writing: Ism:6. Ab< D:w<d.A (3al:q: 9). narrates three variants of this Aad..l (b.n). These techniques include: 1) relying solely upon postprophetic authorities for certain topics. Rab:A. own) the woman’. Uways) said to me: M:lik related to me that he asked al-Zuhr.157 Perhaps due to the lessthan-sterling isn:d of Salama al-Bay:@. Muj:hid. Jubayr (b. does not explicitly claim that consensus exists on this issue. al-Q:sim (b. al-Easan al-BaBr. al-Q:sim b.’s reliance on post-prophetic authorities is the topic of premarital divorce. Bakr). Sulaym:n b.ths that have no obvious connection to divorce. 6Abd All:h b. Aasan ghar. his impressive roster of pious advocates for the invalidity of premarital divorce can be read as an effort to overwhelm anyone who dares to challenge this ruling. Hish:m). and 3) relating Aad. One of the clearest cases of al-Bukh:r. al-J:mi6 (3al:q: 19. including Sa6. A second case in which al-Bukh:r. S:lim (b. b. Sa6. Al-Zuhr. The remaining Successors whom al-Bukh:r.155 Al-Bukh:r. 6Ikrima. F:w<s. Ab. follows this verse with his observation that the opinion that a woman cannot be divorced prior to marriage is affirmed by narrations from 6Al. 2011 .. N:fi6 b. 6Abd All:h b. E:rim (al-Azdi).. 6Utba.. 4aA. begins his discussion of this topic with Ibn 6Abb:s’ observation that God puts divorce after marriage in the Qur8:nic verse. Mas6<d).

He also includes the opinions of al-Sha6b. relates twelve Aad. [al-Bukh:r. x.ths in his J:mi6.h) in his book on legal methodology and some Muslim scholars have argued that ‘comparison’ is just another word for analogy (qiy:s). FatA al-b:r.h. 163 al-Bukh:r. but that others have Easan b. l uc as free person’. al-Eurr.. 162 al-Bukh:r. 3). Easan b.ru raqaba (58.:] In the Arabic language. ‘The Cih:r oaths of a free man and a slave against a free woman and a slave woman are identical’. Qat:da. Eayy and still others have just Easan (which by convention would be al-Easan al-BaBr. wa-l-l:dh. FatA al-b:r. is providing his interpretation of the verse. and M:lik said. This reading is superior since God (Exalted) does not lead (His creatures) to wrongdoing (munkar) and false speech (qawl z<r).s.e. see Hawting.’s exegesis on the meaning of one of the crucial Qur8:nic verses on the Cih:r oath—material that al-Tirmidh.oxfordjournals.. it is meaningless.A (al-i6tiB:m bi-l-kit:b wa-l-sunna: 12). ‘(those men) who violate what they said’. 6Ikrima said. 304–8. 159 Downloaded from jis.ths that have nothing to do with 3al:q or li6:n in support of his position that a mute man can perform the act of divorce or mutual imprecation by means of writing and pointing. ‘An Ascetic Vow or an Unseemly Oath?’ 117. is refuting the reading adopted by the G:hir. Al-Bukh:r. Sulaym:n) in support of this position. ‘The fast [of expiation] is two months’. The G:hir. the expression ‘li-m: q:l<’ [Qur8:n 58. and (in the case of this verse)..). but which al-Bukh:r. instead of his preferred reading of ‘and then if they violate what they said’ (i. who does not appear anywhere else in the text. quoting Ignaz Goldziher.. Their Doctrines and Their History (Leiden: Brill. calls this technique ‘comparison’ (tashb. Ibr:h. al-Eurr159 said. The G:hir. x. 544 (3al:q: 23). regularly interjects between Aad. 4aA.. uses is to include Aad. For a discussion of the controversy over the term tashb. because Cih:r is only for (free) women’. al-Bukh:r.ths in chapters on divorce topics that have no transparent relationship to this topic but share a common similarity that renders them useful. and Eamm:d (b. 545 (3al:q: 23).161 Note the absence in this case of both prophetic and Companion reports and the presence of al-Bukh:r.org at Princeton University on July 17.m al-Nakha6. 161 Ibn Eajar explains that al-Bukh:r. break the Cih:r oath they uttered).A have Easan b.s held that one only had to perform the expiation for every other Cih:r oath. occasionally puts front and centre in his 4aA. 50–2.-m: q:l<’. 1971). the best understanding is. 3]160 means the same as ‘f.A.358 s co t t c . Ab. Ibn Eajar notes that all three men share the same opinion concerning the Cih:r of a slave.na yuC:hir<n min nis:8ihim thumma ya6<d<na li-m: q:l< fa-taAr. ‘If a man issues a Cih:r oath on his slave girl.162 For example. 25).163 Likewise. ‘Legal Principles’. see Lucas.A (3al:q: 24.’s 4aA. 160 al-Bukh:r. in his Ibn Eajar reports that most manuscripts of al-Bukh:r. 4aA.. 2011 . The second technique al-Bukh:r.s of the verse thumma ya6<d<na li-m: q:l< as ‘and then they utter the Cih:r oath again’..

167 al-Bukh:r.m al-Nakha6. under compulsion. ‘Actions are by intentions’.-l-3al:q wa-l-shirk wa-ghayrih.ths in the same chapter. and al-Zuhr. Ibn M:ja.A (luq3a: 1). After his citation of a fragment of the famous Aad.th.: 80) and Muslim.. as a divorce. 165 B:b al-3al:q f.th is found in Muslim.A (magh:z. and his wife leaves the house. al-Tirmidh. considered valid the divorce utterance issued in one’s (non-Arabic) native tongue. 4aA. Rab:A. ‘Go stay with your family’. M:lik’s repentance for avoiding the T:b<k campaign. See also Spectorsky.oxfordjournals. and that al-Zuhr.’s mouth that are elevated to the Prophet in other books: ‘The Pen al-Bukh:r.165 Al-Bukh:r. before narrating a Aad.¯ D I V O R C E . Ibn 6Abb:s. This same expression appears in a very long story about Ka6b b.. Sunan (3al:q: 11). This expression can also be found in a report about the episode of the ‘woman who sought refuge from the Prophet’ in Ibn M:ja. 2011 .164 Frequently. A vivid example of this practice is his chapter on ‘Divorce while angry. recounts a string of opinions and stories from a small group of Companions and Successors without any isn:ds. and the Basran Qat:da b. We learn that 6Uthm:n and Ibn 6Abb:s considered the divorce enunciated by a drunken man to be valid. None of these scholars links this Aad.’s string of adverse conditions under which a divorce can occur prepares the reader for multiple opinions from a variety of authorities.A. E A D I T H . Al-Bukh:r. Sunan (luq3a: 1).org at Princeton University on July 17. Sunan (3al:q: 18). you are decisively divorced’. Ab< D:w<d. 4aA. but if she does not. if that is what the man intended. ‘If you leave the house. also places two statements in 6Al.A (tawba: 9). there is no divorce. al-J:mi6 (aAk:m: 35). 4aA. intoxicated or insane. The complete story can be found in extra-legal chapters of al-Bukh:r. This Aad. 166 The example Ibn 6Umar provides is a man who says. Chapters. uses both strategies of citing post-prophetic reports and unexpected prophetic Aad. Ibn Mas6<d.s ch o l a r s t yl e 359 chapter on the ‘missing husband’ (mafq<d). a fragment of which is cited by Ab< D:w<d.167 Al-Bukh:r. considered the expression. the Makkan 6A3:8 b.th to the topic of the missing husband. and other things done accidentally or in a state of forgetfulness’..th concerning ‘lost and found’ (luq3a) property in which the Prophet told a petitioner that one can take ownership of a stray beast after a year of searching for its proper owner.-l-ighl:q wa-l-kurh wa-l-sakr:n wa-l-majn<n—wa amrihim:—wa-l-ghala3 wa-l-nisy:n f. Di6:ma considered a conditional divorce valid if the condition was fulfilled. she is divorced decisively. al-Bukh:r. al-Bukh:r. 164 Downloaded from jis. that Ibn 6Umar. 32–4.. to count as a divorce if that is what the husband intended. with which he inaugurates his entire 4aA. 4aA. Sunan (luq3a: 2). considered the expression ‘You are not my wife’.A (3al:q: 22). divorce.A (3al:q: 11). presents the opinions of Ibn al-Musayyab. apostasy. also reports that al-Easan al-BaBr. al-Bukh:r.166 that the Kufan Ibr:h. Ab. 4aA.

170 This Aad. in one report she is described as Bint al-Jawn. there is no indication that the compilers of these books consciously linked it to the topic of divorce uttered by an insane man. al-J:mi6 (Aud<d: 1).th is the prophetic statement that. Sunan (3al:q: 14). xiv.th in Ibn M:ja. proceeds to recount three Aad. explicitly identifies ‘the man from Aslam’ as M:6iz.. FatA al-b:r. that can be applied by jurists beyond the immediate case in which it appears.A (3al:q: 3). ‘God disregards that which [members of] my community say to themselves and refrain from acting upon or divulging to anyone else’.169 But this is not all. Al-Bukh:r. ‘Every type of divorce is permissible. FatA al-b:r. Ab< D:w<d. In both versions cited here. The first Aad. ‘Are you insane?’ Since these Aad. puts this sentence in the mouth of the Prophet.ths indicate that the Prophet would not have stoned the fornicator from Ban< Aslam had he lacked his rational capacity. Sunan (Aud<d: 16). except that of the insane person (ma6t<h)’.172 the ‘woman who sought refuge from the Prophet’ after their marriage contract but prior to consummation and This expression appears as a prophetic Aad. and al-Tirmidh.org at Princeton University on July 17. 168 Downloaded from jis. M:lik al-Aslam. 171 This man is named as M:6iz b. l uc as (recording one’s bad deeds) is raised in three cases—the insane person prior to the return of his reason. 169 Ibn Eajar. and the sleeper prior to his awakening’. He appears to have had special access to reports about the story of Umayma bint Shar:A. the final question that the Prophet asks prior to implementing the punishment of stoning is.l. suggests that divorce committed while intoxicated or insane would likewise be invalid. al-Tirmidh.168 and.360 s co t t c .l. since it is based on a Aad.. none of which has anything explicitly to do with divorce. al-J:mi6 (3al:q: 8). the youth prior to discernment. another as al-Jawniyya.170 The second two are reports of the story of the ‘Fornicator from Ban< Aslam’171 who confessed four times to the Prophet in the mosque of Madina that he committed fornication.ths.oxfordjournals. see al-D:rim.. al-J:mi6 (3al:q: 15).th is found in chapters concerning the invalidity of a divorce which a man utters only to himself in Ibn M:ja.ths with inferior transmission histories is simply to narrate reports that few of his contemporaries seem to have acquired.th in which the Prophet identifies a ‘ruleoccasioning factor’ (6illa). 172 There is considerable confusion as to this woman’s name.. and the third as Umayma bint Shar:A. in his commentary. al-Bukh:r. 487 (3al:q: 11). 4aA. al-Bukh:r.. Sunan (3al:q: 15). Ibn Eajar. x.’s 4aA. This is a good example in which ‘comparison’ really is qiy:s. Sunan (Aud<d: 1). al-Bukh:r. in versions of this story outside of al-Bukh:r. Sunan (3al:q: 15). Ab< D:w<d. 81 (Aud<d: 22). Even though it appears in three of the additional books under consideration in this article.’s final effort to reach a broader array of legal topics without relying upon Aad. Al-Tirmidh. insanity. 2011 .A. After touching on a variety of additional topics in this chapter..

s ch o l a r s t yl e 361 whom the Prophet subsequently divorced via a messenger rather than face-to-face. a woman’s right to leave the house during al-Bukh:r. presumably since it is only for one month rather than the fourmonth . See A. which he recounts in numerous places throughout his 4aA. as well as his vast collection of Aad. Ab< D:w<d.A (3al:q: 52).l:8 regulated by the Qur8:n. Muslim and al-Bukh:r.l:8 to the story of the Prophet falling off of his horse and breaking his leg. largely on the basis of juxtaposing three prophetic Aad. 4aA. and al-Tirmidh.l:8 ‘the jurists discuss’.173 Al-Bukh:r.org at Princeton University on July 17. only al-Bukh:r.ths in which the dower for adultery and prostitution is unambiguously prohibited with al-Easan al-BaBr.. discuss the least and second-greatest number of legal topics on divorce in their respective 4aA. 2011 . However.179 In other words. Ibn M:ja includes a variant of this story. 173 Downloaded from jis. such as divorce prior to consummation.A (3al:q: 24).th scholars. 1936).A. and he is silent on the topics of child custody. These Aad.. 8 vols. ‘baghiyyun’. appears to distinguish between the dower in the case of adultery or prostitution (baght) and an invalid marriage (nik:A f:sid).’s willingness to use post-prophetic material and ‘comparison’. 174 al-Bukh:r. this Aad. since he alone among his contemporaries addresses eight topics. Ab< D:w<d. Al-Bukh:r... 4aA.th initially appears in Bal:t: 18).A (3al:q: 3). Note that Ibn Eajar declares that this Aad.176 It is paradoxical that the two strictest Aad. Muslim. (3al:q: 43)... Brill.oxfordjournals. eight) categories of divorce law. J..ths addressing the seven (or.178 and the ruling that women are not allowed to conceal that they are pregnant at the time of divorce. Sunan (3al:q: 16).. 176 al-Bukh:r. E A D I T H . 204. 4aA. he actually covers only 23 topics that his fellow Aad. but they are not linked in any manner to the topic of the invalid marriage that results in an automatic divorce.th scholars investigate.A (3al:q: 21.ths.175 Finally. I may have unintentionally inflated the number of divorce topics covered by al-Bukh:r. J..As.ths are found in the books of al-D:rim. 177 al-Bukh:r.’s opinion concerning the validity of the dower of a couple that is forced to divorce due to a prohibitive condition of which they were unaware at the time of marriage. 4aA.174 He is joined only by Ab< D:w<d in discussing the implications of calling one’s wife ‘my sister’ by means of the story of the Prophet Abraham’s three lies during his time in Egypt.¯ D I V O R C E . counting conversion. i.A (3al:q: 10). is unique in linking the oath of . 4aA. Wensinck.177 divorce by pointing. Sunan (3al:q: 18).. Concordance et Indices de la Tradition Musulmane (Leiden: E. 4aA.A (3al:q: 51).th does not actually refer to the . enabled him to transcend the limits dictated by purely sound Aad. 175 al-Bukh:r. 179 Ibid. 178 Ibid.

Muslim. and early postprophetic authorities. and al-Tirmidh. It was necessary initially to filter out the chapters in the scholars’ respective ‘Books on Divorce’ that bore no clear relationship to the legal processes by which a marriage can be terminated. 2011 .org at Princeton University on July 17.A is distinguished by its diversity of topics.ths and the legal opinions of most of the eponyms of the Sunni schools of law. Then I had to track down topics related to divorce found outside of the six scholars’ ‘Books on Divorce’. Despite the common allegiance to and profound knowledge of Aad. 180 Downloaded from jis. All of these topics can be found in the early fiqh books. the validity of conditional divorces. Ibn M:ja. his 4aA. I assembled a list of 45 legal topics that I derived from the six Aad. al-Bukh:r.. intoxicated. since his ‘Chapter on divorce while angry. l uc as the daylight hours of her waiting period. none of the other five books addresses the topics of divorce while intoxicated. several of which are unaddressed in the other five books under consideration.th scholars under examination. the validity of divorce uttered in a language other than Arabic.th books in order to evaluate the range of topics each Aad. insane. etc. or the consequences of the husband’s expression. Two discoveries initially emerged from this analysis. CONCLUSIONS This project began as a simple comparative exercise between the books of six famous Aad. Aad.th scholars of the third/ninth century in order to learn more about their compilers’ methods of jurisprudence. several factors made a comparison of their books complicated.oxfordjournals. The first was the surprising fact that only six legal topics were covered by all of the Aad.’s breadth of legal topics. as well as its compiler’s creative utility of narrations that bear little explicit relationship to the legal topic under discussion. Finally. under compulsion.ths... and whether a man with ten wives must divorce six of them upon his conversion.’ actually covers numerous topics. It is also possible that I undercounted al-Bukh:r.180 Even though al-Bukh:r.th scholar addressed. shies away from both sub-par Aad.362 s co t t c . Ab< D:w<d. in consultation with the early proto-madhhab law books of the third/ninth century and Susan Spectorsky’s Chapters on Marriage and Divorce. These topics seemed highly random and each one appeared to derive from a tangled web of narrations For example. a task facilitated by the modern editors of these books.ths among al-D:rim. ‘I don’t have a wife’.

A (nik:A: 54).s ch o l a r s t yl e 363 of a discrete episode during the Prophet’s lifetime. The second discovery. al-Bukh:r. then again.181 but. This strategy enabled all of them. The most significant conclusion from this analysis is that the Aad. Finally..A (buy<6: 4). allowed him to address approximately the same number of topics as Ibn M:ja and Ab< D:w<d.ths. Sunan (3al:q: 2).. based on the analysis of the presentations of these six universal topics.182 Likewise.ths that met his critical standards. and Muslim may have been more khul6-friendly than their contemporaries. Despite these six scholars’ distinct methodological differences.¯ D I V O R C E .ths and subsequently limited himself to a mere twelve topics on divorce.th. also advocate the impermissibility of a woman to demand that her suitor divorce his current wives as a stipulation in her marriage contract. and their accumulation of a massive trove of transmitted materials. Muslim and Ibn M:ja were frequently willing to state their personal legal opinions. with the exceptions of al-D:rim. was that al-D:rim. laysa isn:duhu bi-qaw. to double the number of divorce-related topics addressed by Muslim. First. Ab< D:w<d.oxfordjournals. Muslim restricted his 4aA.org at Princeton University on July 17. ‘Any woman who asks her non-abusive husband for a divorce will be forbidden from (enjoying) the scent of Paradise’. 2011 .b.A. Muslim does not even mention the topic of khul6 in his 4aA. He evaluates its isn:d as ghar. or ‘The women who perform khul6 are hypocrites’. All of them. Ab< D:w<d.’s method of relying upon Companion and Successor reports instead of prophetic Aad. E A D I T H . Secondly. for they do not claim that the Prophet said. narrates this weak Aad. 182 al-Bukh:r. and Ibn M:ja. al-J:mi6 (3al:q: 14). especially the episode of F:3ima bint Qays. al-D:rim.th scholars adopted three methodological approaches to the articulation of Islamic law in their books. appeared more reticent to do so. freedom from overt madhhab loyalty. and al-Tirmidh. save al-D:rim. is there any practical difference whether 6Al. al-Bukh:r. al-J:mi6 (3al:q: 11). Ibn M:ja. or the Prophet said.. 4aA. four of which do not even appear in the ‘Book on Divorce’. but were willing to supplement their meagre findings with useful prophetic material related through inferior chains of transmission.A solely to what he considered to be sound prophetic Aad. 4aA. although he only overlaps with either of them in 23 cases. al-Bukh:r. True. his technique of ‘comparison’.. and his skill at finding obscure Aad. 181 Downloaded from jis.. ‘Every type of divorce is permissible. whereas Ab< D:w<d and al-Tirmidh. most of whose protagonists were named women and men. al-Tirmidh. all endeavoured to base their legal rulings upon sound prophetic Aad. except that of the insane Only al-Tirmidh.. one searches in vain for dramatic differences between their personal legal opinions.ths. Muslim..

the hallmarks of Aad.th-scholars as uninspiring jurists. Ibn M:ja comments on 32. al-Tirmidh. forthcoming. The Origins of Islamic Jurisprudence. is also indispensable.ths raises new questions concerning the widely-accepted thesis in the West of a massive forgery of Aad. evaluating.185 There must Only 29 topics on divorce are addressed by three or more of the Aad. The two MuBannafs and Mudawwana rely primarily on post-prophetic authorities and include thousands of reports attributed to Companions. Shayba in their MuBannafs and the approximately 125 topics in SaAn<n’s Mudawwana. and al-Bukh:r. Muslim only discusses 12 topics related to divorce. This stunning paucity of divorce topics supported by Aad.th scholars under consideration for this article were simply attempting to articulate Islamic law with the wrong materials.184 One could argue that the six Aad. 2011 . See also Motzki. Shayba’s MuBannaf. 211–58. this aggregate remains significantly smaller than the 250–300 topics covered by 6Abd al-Razz:q and Ibn Ab. in the case of the latter book.364 s co t t c . al-D:rim. 184 For a quantitative analysis of Ibn Ab. 2003).th scholars were of very limited utility for the articulation of certain fields of Islamic law in the third/ninth century. touches on 16. the classic reference works of Aad. The classic statement on the massive forgery of Aad. if we shift our gaze from their personal jurisprudence to the actual Aad. Successors and.ths that have adorned the bookshelves of Sunni jurists for the past millennium.183 Only al-Bukh:r. 1–49.th-scholar jurisprudence on divorce are its state of consensus on 20–30 topics and its silence on the vast majority of the remaining issues. Lucas. see Scott C. the second/eighth-century jurist M:lik.th scholars in this study. The Origins of Muhammadan 183 Downloaded from jis. in Method and Theory in the Study of Islamic Origins (ed.ths remains Joseph Schacht. covers 24. l uc as person’? With the notable exception of the topic of the waiting period of the triply-divorced woman. we may.ths?’ in Islamic Law and Society. Origins of Islamic Jurisprudence.ths they relate. and in the case of al-Tirmidh. while his junior contemporaries perform the service of carefully organizing.. Even if I have been conservative in my identification of only 45 divorce topics among these six books. While it might be tempting to dismiss these six Aad.org at Princeton University on July 17. emerges from this group of Aad. 185 A most useful summary of Western scholarship on this topic is found in Motzki. considers 31. Herbert Berg.ths acceptable to critical Aad. Leiden: Brill.th scholars as a modestly sophisticated jurist. Ab< D:w<d mentions 30. advance a bold claim: prophetic Aad. His essay. ‘The Question of the Authenticity of Muslim Traditions Reconsidered: A Review Article’.ths in the early centuries of Islam. ‘Where Are All the Legal Ead.oxfordjournals.

188 or the legal consequences of a virgin woman dying midway through her husband’s utterance of ‘You are divorced singly’?189 E-mail: sclucas@email.ths with inferior and at times outright defective isn:ds appear in these canonical books. ‘You are divorced whenever you wish’ and ‘You are divorced however you wish’. 178)..r. see Goldziher.edu Downloaded from jis.th compilations should caution us against the twin errors of underestimating the critical selectivity of these Aad.th books if the early 6Abbasid period was awash in Aad.ths from which to choose.oxfordjournals.. 27–84. although Ibn M:ja’s relaxed standards would seem to contradict this hypothesis.. 187 Many of the Aad.’s teachings.r is devoid of Aad.). The fact that al-D:rim. 2011 Jurisprudence (London: Oxford.ths for articulating Islamic law in the wake of al-Sh:fi6. and claims that ‘the bulk of the legal traditions from the Prophet known to M:lik originated in the generation preceding him.s may have disliked them on principle.ths discussed theological.¯ D I V O R C E . Islamic Methodology in History (Islamabad: Islamic Research Institute.187 Another possibility is that all six Aad. . but rather due to the sheer absence of Aad. 199.ths and Aad.ths and Companion reports.. E A D I T H .org at Princeton University on July 17. since the compilers possessed the requisite skills to make forgeries with sound isn:ds. see Origins. al-J:mi6 al-Bagh. Ab< D:w<d. address such a modest and random array of divorce topics in their Aad. to be fictitious (p. 213.th forgers. apocalyptic. 188 al-Shayb:n. Schacht considers all prophetic Aad. ii. 240–4. leaving our six compilers with relatively few divorce Aad.’s al-J:mi6 al-Bagh. Muslim.th scholars and exaggerating the utility of prophetic Aad. along with most Successor reports.s ch o l a r s t yl e 365 be a reason why so few topics on divorce appear in these mostly canonical Aad.th scholars truly were such critical compilers that each one of them was left with materials covering barely two dozen legal topics on divorce. d.arizona.ths not primarily because early Eanaf. that is in the second quarter of the second century ah (approximately 740–65 ce) and that ‘we shall not meet any legal tradition from the Prophet which can be considered authentic’ (p. 189 Ibid. Ibn M:ja. Is it now safe to propose that al-Shayb:n. n. and al-Tirmidh. 1975 (1950)).186 One possibility is that most of the forged Aad. al-Bukh:r. Muslim Studies.ths that shed light on the difference between the statements. 149). and sectarian topics rather than legal ones. 89–125. 186 A similar argument is advanced by Motzki. There must also be a reason why so many Aad.ths criticized by Goldziher and Fazlur Rahman fall under extra-legal classifications. and Fazlur Rahman.

6Itq: 2. that book’s title will be included in the citation.13–15. AAk:m: 22 Fal:q: 2–29.oxfordjournals.A 4aA.33.A Muslim Sunan Ibn M:ja Sunan Ab. AAk:m: 21 Total(172) 16 47 12 37 36 24 Downloaded from jis. al-Bukh:r. 34. Li6:n190 Fal:q: 1–7. D:w<d al-Tirmidh. 43. 191 190 .19–30. Nik:A: 32.51–53. If the indicated chapter is found in the ‘Book on Divorce’.366 s co t t c . Abbreviations: D: al-D:rim. IM: Ibn M:ja.37–41. al-J:mi6 al-4aA. Nik:A: 17. just the chapter number is provided.. al-J:mi6 al-4aA. 9–32. 60. Buy<6: 4.17.. T: al-Tirmidh. 32–45.35. l uc as APPENDIX Table 1: Chapters on Divorce Used in this Study Book Sunan al-D:rim. so the fifth chapter of al-Tirmidh..org at Princeton University on July 17.47.. 14–17. B: al-Bukh:r.A Divorce chapters Fal:q: 1–11.16) (AD:8) (T:15) (D:1) (B:1.2) (M:1) (IM:2.’s ‘Book on Marriage’ would read (T: nik:A: 5). Nik:A: 54 Fal:q: 1–8. 39.. If it is in any other book. Nik:A: 27. AD: Ab< D:w<d. Nik:A: 39 Fal:q: 1–17.7. 40.3) (AD:4) (T:1) (D:4) (B:4. 2011 Table 2: Eadith-Scholar Jurisprudence: Legal Topics on Divorce191 A) Divorce procedure 1 The sunna divorce 2 The marriage that allows a triply-divorced woman to return to her ex-husband must be consummated Divorce prior to marriage is invalid 3 4 5 6 7 Validity of the triple divorce Batta divorce A woman cannot stipulate that her suitor divorce his existing wives prior to marrying her Adverse circumstances at the time of divorce (B:11) (IM:15. 36.49 Fal:q: 1–11. M: Muslim.37) (M: nik:A:17) (IM: nik:A:32) (AD:49) (T:nik:A:27) (D:3) (B:9) (IM:17) (AD:7) (T:6) (B:4) (M:2) (IM:19) (AD:10) (D:8) (IM:19) (AD:14) (T:2) (B:nik:A:54) (M:buy<6:4) (AD:2) (T:14) There are no chapters divisions in Muslim’s ‘Book on Li6:n’.19–22.

2011 B) Waiting period 28 Lodging and maintenance during a triply divorced woman’s waiting period 29 A pregnant woman’s waiting period ends upon childbirth 30 A woman can leave her house during the daylight hours of her waiting period to take care of her daily affairs 31 The waiting period of the non-menstruating woman (B:38) (AD:37) .42) (M:6) (IM: 10) (AD:39.8) (M:3) (IM:28) (Aar:m) Implications of referring to one’s wife as (B:10) (AD:16) ‘my sister’. 40) (T:5) (D:11) (B:39) (M:8) (IM: 6. E A D I T H . 38) Words other than 3al:q that can cause divorce (B:6) (IM:18.32) (AD:6) (T:7) (D:16) (IM:aAk:m:22) (AD:26.oxfordjournals.19) (AD:11) A divorce issued in jest counts (IM:13) (AD:9) (T:9) Implications of calling one’s wife ‘unlawful’ (B:7.35) (T:aAk:m:21) Taking one’s wife back after a revocable (D:2) (B:44.¯ D I V O R C E .s ch o l a r s t yl e 367 8 If a man does not inform anyone about his divorce. under compulsion or freely A father’s command to his son to divorce (IM:36) (T:13) should be heeded Divorce is lawful but reprehensible (IM:1) (AD:3) (B:53) (IM:11) The divorce gift (mut6a) is only for the divorced woman whose dower had not been fixed Dower in the case of an invalid marriage (B:51) Divorce prior to consummation (B:52) A man does not need to divorce his wife (B:3) face-to-face Divorce can be performed by pointing (ish:ra)(B:24) The missing husband (al-mafq<d) (B:22) The sale of a slave girl does not cause an (B:14) automatic divorce Does the woman who is divorced while her (B:4) husband is terminally ill inherit from him? What if a man denies he divorced his wife? (IM:12) The master who married his slave to a (IM:31) woman cannot force him to divorce her (D:10) (B:41.org at Princeton University on July 17.7) (AD:47) (T:17) (D:14) (M:7) (IM:9) (AD:41) Downloaded from jis. it is invalid 9 The second divorce of a slave woman is final 10 Child custody 11 12 13 14 15 16 17 18 (B:11) (IM:14) (AD:15) (T:8) 19 20 21 22 23 24 25 26 27 (D:17) (IM:30.45) (IM:1.5) divorce (AD:5.

32–36) (M:li6:n) (IM:27) (AD:27–29) (T:22) (D:9) (B:23) (IM:25–6) (AD:17) (T:19.l:8 H) Conversion issues 43 Impact of conversion to Islam upon married non-Muslims 44 A man with more than four wives must reduce his number of wives to four upon conversion to Islam 45 Convert must choose one of two sisters whom he married prior to beoming Muslim .368 s co t t c .oxfordjournals.24) (T: nik:A:43) IM: nik:A:40) (AD:25) (T: nik:A:33) (IM: nik:A:39) (AD:25) (T: nik:A:34) F) Gih:r 41 The expiation of the Cih:r oath G) Oath of sexual abstinence 42 The oath of .org at Princeton University on July 17.r does not count as a divorce if the woman chooses her husband 38 A manumitted married slave woman has the right to takhy.r 37 Takhy.13) (IM:22) (AD:18) (T:10) (D:6) (IM:21) (AD:18) (T:11) (IM:23) (AD:18) (T:10) (D:5) (B:5) (M:4. l uc as 32 The meaning of the word qur8 (B:40) 33 Women are not allowed to conceal that they (B:43) are pregnant C) Female-initiated divorce 34 The khul6 procedure—how much can the husband take? 35 A woman cannot ask her non-abusive husband for a divorce 36 6Idda for the woman who executes a khul6 is one menstrual cycle D) Takhy.20) (B:21) (M:5) (IM:24) (T:21) (B:19.5) (IM:20) (AD:12) (T:4) (D:15) (B:15–17) (M:6itq:2) (IM:29) (AD:19–22) (AD:13) (T:3) Downloaded from jis.r 39 Does ‘Your matter is in your hand’ count as a triple or single divorce? E) Mutual imprecation 40 The li6:n procedure (D:7) (B:12.20) (IM: nik:A:60) (AD:23. 2011 (D:nik:A:39) (B:25–30.

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