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
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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.

) 21 Spectorsky.r. Shayba. 25 Note that al-Muzan.21 This framework works very well with most of the early fiqh books that have survived. Scotland: Madina Press. fall into these seven categories. 191–243.24 Finally. The female-initiated divorce (khul6). 221–43. ‘ . 2. 49. 24 While Spectorsky does not count the effects of conversion and apostasy among the seven major divorce topics. ‘Book on Gih:r’. 22 M:lik b. Note that only five prophetic Aad. ‘Various other topics’.22 Al-Shayb:n. al-J:mi6 al-Bagh. along with SaAn<n’s Mudawwana. she mentions them under her subheading. 228. with the exception of mutual imprecation. YaAy: al-Layth. 1986). covers all of them except the Cih:r oath. Anas. 242–3. whereas Ab< Y<suf denied such a possibility. ibid.’s recension of M:lik’s Muwa33a8 has at least two chapters on all seven of these categories. .S. separates them. transl. 50–2. E A D I T H . it is no sin for either of them if the woman ransoms herself’. 229.25 Downloaded from jis. The Muwatta of Imam Muhammad. Qur8:n 2.s ch o l a r s t yl e 329 6. al-Muwatta of Imam Malik ibn Anas: The First Formulation of Islamic Law. Chapters. Aisha Bewley (Inverness. 2004).20 7. 59. and devotes special attention to a dizzying array of divorce statements. this counts as a single divorce in which the husband does not have the right to take back his wife during her waiting period. while the recension of al-Shayb:n. Mohammed Abdurrahman and Abdassamad Clarke (London: Turath Publishing. . 2004). 33. states that the li6:n procedure does not result in the dissolution of the couple unless the q:@.. 52–9. 264/878) decision to divide the divorce-related topics in his MukhtaBar into the ‘Book on Female-initiated divorce’.r (Beirut: 62lam al-Kutub. .¯ D I V O R C E . 65. covers all of these categories in some depth.’s (d. al-J:mi6 al-Bagh. (All Qur8:nic citations in this article are from M.org at Princeton University on July 17.oxfordjournals. Qur8:n 2. discusses at some length takhy. 4.23 Most of the chapters on divorce in the aforementioned MuBannafs of 6Abd al-Razz:q and Ibn Ab. 2001). and ‘Book on Waiting Periods’. indicates the significance of these categories in his vision of Islamic law. 23 MuAammad al-Shayb:n. 2011 20 Spectorsky. allowed the couple to remarry after the li6:n procedure. 242–72.. al-Shayb:n.’s book. If he does so. and MuAammad al-Shayb:n. Spectorsky. although these books also explore the effects on the marriage bond of conversion to and apostasy from Islam. transl.’s recension. The waiting period (6idda). ma6a sharAih al-N:fi6 al-kab. The text also reports that al-Shayb:n.r.A. Chapters. ‘Book on Divorce’ (3al:q). Chapters.r and the oath of sexual abstinence in the ‘Book on Divorce’ and mutual imprecation in the ‘Book on Gih:r’. Near the end of this section. Abdel Haleem’s The Qur8:n: A New Translation (Oxford. al-Muzan.ths with isn:ds pertaining to divorce are found in M:lik’s Muwa33a8 and only three are present in al-Shayb:n. 234 (widow).

while Ab< D:w<d places it in Chapter 4.330 s co t t c . 1971 (1889–90)). 19. in a second variant. along with its concomitant legal implications. all open their ‘Books on Divorce’ with the tale of 6Abd All:h b.th books under analysis. Stern. resulted in divergent reports that correlate to juristic disagreements. with the exception of al-Bukh:r. Despite this general awareness.th scholars from al-D:rim.ths report that Ibn 6Umar divorced his wife while she was menstruating. the effect on inheritance of the man who divorces his wife during his terminal illness.ths that are often recounted through multiple channels of transmission. These topics include the validity of conditional divorce statements. . This finding is not unanticipated. 27 Ibn M:ja puts it in the second and third chapters. The story fragments from here. 2011 Only six legal topics concerning divorce can be found in all of the Aad. S. in several cases. Each of these topics is affiliated with a unique cluster of narrative Aad. postponing his right to divorce until the time when she has purified 26 ‘[The corpus of Aad.26 1 The Sunna Divorce: The story of Ibn 6Umar’s mistimed divorce Al-D:rim.. Chicago: George Allen and Unwin. al-Bukh:r... broached in their books.27 These Aad.ths are repositories of the earliest Muslim debates. 73 or 74/692–3) poorly-executed divorce. M. there were several contentious topics among the early jurists that none of the Aad. with one variant having the Prophet granting Ibn 6Umar the right to divorce her after she has purified herself from menstruation.org at Princeton University on July 17. to al-Tirmidh. and al-Tirmidh. were well aware of the major legal debates that had been brewing since the second/eighth century. Muslim. and that the Prophet ordered 6Umar to tell his son that he must take back his wife. 2 vols.th scholars under consideration.. and. but also. and the right of a woman whose husband has gone missing (al-mafq<d) to dissolve her marriage in order to remarry. We shall now examine the six legal topics addressed by all of the Aad. Muslim Studies (ed. that his father reported this action to the Prophet. 6Umar’s (d. Ignaz Goldziher.oxfordjournals. This quality inevitably facilitated memorization and transmission of each episode. CASE STUDIES: UNIVERSAL TOPICS Downloaded from jis.th scholars under discussion and then analyse the methodology of each scholar individually.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’. since Western scholars have long argued that Aad. l uc as This study demonstrates that the Aad. ii.

In his Sunan.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. Jubayr.A (3al:q: 1). in the following chapter. Al-Bukh:r. and that he has two witnesses’. The primary lesson from this story is that a man must take back his wife if he divorces her during her menstrual period. 29 al-Bukh:r. prior to making a decision whether to divorce her or keep her.29 and. 30 Ibid. Ab< D:w<d elucidates the tangled web of transmissions of this story: Y<nus b.d b. A similar report to the N:fi6 al-Zuhr. then. on the authority of Ibn 6Umar. All of these Aad. 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). that the divorce counts as one of his (two) revocable divorces.30 Muslim. This is also the case of what MuAammad b. 4aA. Jubayr. Zayd b.org at Princeton University on July 17.28 Downloaded from jis. S. Aslam.A (3al:q: 1). The transmission from Ibn 6Umar (S:lim and N:fi6) al-Zuhr.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. had another period. and links it to ‘the practice (6amal) of the scholars among the Companions of the Prophet and others’. states. and if he wished. says that the Prophet ordered Ibn 6Umar to take her back until she was free from menstruation. if he wished. his divorce counts and he is to be ordered to take back his wife’.¯ D I V O R C E .oxfordjournals. . Anas b. He alone mentions and leaves unresolved the debate 28 Sunan Ab.31 Al-Tirmidh. Ab< l-Zubayr. 31 Muslim. and ManB<r (b. and then was free from menstruation again. 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.. says. ‘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). he could divorce her.r. E A D I T H . which is the title given to the chapters in which it initially appears in all six Aad. 2011 Ibn 6Umar’s story became inseparable from the ‘sunna divorce’. (3al:q: 2).th compilations.n. 6Abd al-RaAm:n related from S:lim..ths contradict what Ab< l-Zubayr said. al-Mu6tamir) via Ab< W:8il all relate this Aad. ‘It is unlawful to divorce a menstruating woman without her consent and if he disobeys this rule. D:w<d. in one of his rare legal opinions. 4aA. 2:442 (3al:q: 4). he could keep her. uses the identical definition of the sunna divorce (without mentioning the witnesses) as al-Bukh:r.th was transmitted via Ibn 6Umar al-Easan 6A3:8 al-Khur:s:n. Aad. namely that Ibn 6Umar’s divorce did not count as one of the two revocable divorces. Sa6.

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

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

Jahm al-6Adaw.D. all claim to transmit the Prophet’s verdict from F:3ima herself. al-Dhahab. the Aad. ‘The Role of the Qur8:n and Ead. Tadhkirat al-Auff:C (Beirut: D:r al-Kutub al-6Ilmiyya. l uc as under discussion. Hawting.ths from the Madinans Ab< Salama b. 58/678) rejected vehemently the interpretation of F:3ima’s prophetic citation as a universal rule. 5 vols. Zayd after her waiting period instead of her two suitors. see Hawting. and Marw:n and the Madinan Successors Sa6. i. 2011 This Aad. ‘The Rights of a Divorced Woman’. Princeton University. 45.43 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. dissertation. identified in some narrations as Ab< 6Amr b. divorced her irrevocably (triply) from afar and refused to provide her with either lodging (sukn:) or maintenance (nafaqa) during her waiting period. Ab. 6Abd All:h b. See also Asma Sayeed. Jahm al-6Adaw. 2002).42 The basic story is that F:3ima’s husband. i. A few transmissions of this story include the additional details that Marw:n b. and Ab< Bakr b. In fact.334 s co t t c . Bulletin of the School of Oriental and African Studies. Harald Motzki.th books contain Companion reports that 6Umar and/or 628isha (d. 6Abd al-RaAm:n. Mu6:wiya b. transl. EafB. 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. 436–7. Ab. to which he purportedly replied that she was entitled to neither maintenance nor lodging. 65/685) inquired into F:3ima’s case during his governorship of Madina and that the Prophet encouraged her to marry Us:ma b. al-Eakam (d. 6Utba. Ab.. R. 46 There exists great uncertainty over his precise death date. al-Musayyab45 and Sulaym:n b. Harald Motzki argues that this is an early Aad.th that probably goes back to F:3ima herself.. 44 His full name is Ab< Bakr b. 2005).d b. pace Joseph Schacht.oxfordjournals. Tadhkira.44 and the Kufan al-Sha6b. 107/725–6) 46 are Downloaded from jis. Katz (Leiden: Brill. Yas:r (d. 88–91 and 176–88. ordered her to spend her waiting period in the house of the blind Emigrant Ibn Umm Makt<m. 42 . The Origins of Islamic Law.th in the Legal Controversy about the Rights of a Divorced Woman during her ‘Waiting Period’ (6idda)’. offers 107/725–6 and 104/722–3. 6Abd All:h b. and. However. 45 al-Dhabab.th has been studied by G. Sufy:n and Ab< Jahm. in some versions.). by Marion H. ‘Shifting Fortunes: Women and Ead. 52 (1989): 430–45. 6Ubayd All:h b. all six Aad.org at Princeton University on July 17. 158–67.th Transmission in Islamic History’ (Unpublished Ph. F:3ima informed the Prophet of this situation. 43 For a very similar description and additional references. 70.

and the Kufans.49 Some scholars grant her lodging but not maintenance.. This opinion is shared by Sufy:n al-Thawr. Ab< Y<suf and MuAammad al-Shayb:n. 4aA. Al-Sh:fi6. from 6Ubayd All:h b. 47 Downloaded from jis. Sunan (3al:q: 10). al-Tirmidh. since God said. This is the opinion of M:lik b. 438–40. 48 al-D:rim. Rab:A (d. ‘The Rights of the Divorced Woman’. Ab. 6Urwa Ibn Ab. al-Sha6b. 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). al-Zin:d in Sunan Ibn M:ja (3al:q: 10). 65. al-J:mi6 (3al:q: 6). which states that women cannot be evicted from their homes during their waiting periods unless ‘they commit a flagrant indecency’. (d. Hawting.th of the Messenger of God (peace be upon him). 6Utba.]50 and she does not receive maintenance on the basis of the Aad.. concerning the story of F:3ima bint Qays. E A D I T H . .d and Sulaym:n. between 103/721 and 110/728). 6A3:8 b. 49 al-Tirmidh.. 114/732 or 115/733). 1. He appears less skeptical in the version transmitted by Hish:m b. Another version adds.fa. Some of the Companions of the Prophet. al-Tirmidh. Sunan (3al:q: 40).. and al-Sh:fi6. ‘We do not know if she memorized this properly’.47 A common formulation of 6Umar’s attitude toward this story is his statement. 110/728). .org at Princeton University on July 17. including 6Umar and Ibn Mas6<d. see Ab< D:w<d. See also.A (3al:q: 6) and Ab< D:w<d. 1] [. al-J:mi6 (3al:q: 5).th scholars over the correct ruling concerning the rights of the triply divorced woman during her waiting period. ‘Do not drive them out of their homes’ nor should they themselves leave ‘unless they commit a flagrant indecency’ [Qur8:n.¯ D I V O R C E . ‘We grant her lodging on the basis of the Book of God. such as al-Easan al-BaBr. Al-Tirmidh. 51 Ibid. interrupts the flow of al-Sh:fi6. uses the expression ‘the Kufans’ as shorthand for Ab< Ean. 50 al-Tirmidh. Sa6d (d. clearly presents the three major opinions in the following manner: Some scholars.s ch o l a r s t yl e 335 depicted as being skeptical as to its validity. 2011 . Sunan (3al:q: 39). 175/791). are of the opinion that the triply divorced woman is to receive both lodging and maintenance. For the dismissive comments of Sa6. (d. al-Layth b.oxfordjournals. 6Abd All:h b. Muslim. Ibn Eanbal. ‘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. said. Anas..51 Marw:n’s skepticism is found in the narration transmitted by al-Zuhr. 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:). Sunan (3al:q: 40). The impact of F:3ima’s report and its rejection by several prominent early religious authorities divided both jurists and Aad.

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

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

or through their comments in the chapter. 4aA.A (3al:q: 4.A (3al:q: 5). 61 Downloaded from jis.r.th scholars.th books. 63 al-D:rim.62 In short. 4aA.r is largely unspoken in the numerous transmissions from 628isha found in the Aad. 218–20. not only reports that it is the opinion of ‘most of the scholarly Companions’.’s chapter heading is. Sunan (3al:q: 12). Ab< D:w<d. 5). the story of Subay6a provided Aad. Ibn al-Mundhir (d. x..oxfordjournals. Even though the story is transmitted from Subay6a through six different authorities in multiple formats. al-J:mi6 (3al:q: 4).61 Although technically this story addresses the widow’s waiting period. l uc as or four months and ten days. along with al-Thawr. This consensus as to the Prophet’s command is also shared by the jurists.A.. Muslim..r. 3 vols. 5 The story of 628isha’s choice63 Unlike the previous four legal topics. al-D:rim. either overtly through their choice of chapter headings. 257.338 s co t t c . b:b f. all of the Aad. Sunan (3al:q: 20). al-Tirmidh. and Ibn 6Abb:s. in which a husband grants his wife (or wives) the choice (khiy:r) to either maintain or sever al-Tirmidh.. 62 For example. and Ibn Eanbal. al-Ishr:f 6al: madh:hib ahl al-6ilm.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. thus denying him the opportunity to take her back during her waiting period. all of our Aad. al-6Aww:m. into offering her a single divorce just moments prior to her giving birth. al-J:mi6 al-BaA. or whether it can only extend the woman’s waiting period. 2011 . (Beirut: D:r al-Fikr.. al-Zubayr b. as al-Tirmidh.org at Princeton University on July 17. Ibn M:ja. The concept of takhy. Kit:b al-Fabaq:t al-kab. 498–9. b:b inqi@:8 6iddat al-mutawaff: 6anh: zawjuh: wa-ghayrih: bi-wa@6 al-Aaml (3al:q: 8). although this story is also found in Umm Kulthum’s entry in Ibn Sa6d. 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.. and Muslim’s reads. 1993). iii. 318/930) attributes the position that a woman’s waiting period should be the longer of the two durations to 6Al.. The isn:d has a lacuna (munqa3i6). al-Bukh:r. Ibn M:ja uses a unique Aad.-6iddat al-A:mil al-mutawaff: 6anh: zawjuh: wa-l-mu3allaqa (3al:q: 11). Sunan (3al:q: 5). Ibn al-Mundhir. Sunan (3al:q: 6).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. with the exception of Ibn M:ja. i. extended the Prophet’s ruling to the divorce waiting period as well.th concerning Umm Kulthum bint 6Uqba’s act of tricking her husband. the common background story for takhy. al-Sh:fi6.

Ibn Eanbal followed the position of 6Al. derives from the Qur8:nic passage (33.th transmitted by the Kufan Successor Masr<q b. whereas if she chooses her husband.org at Princeton University on July 17. Zayd b. al-Ajda6 (d. it is a single revocable divorce. E A D I T H . 70.r among the early Muslim legal authorities: The scholars disagree over khiy:r. Th:bit [d. ‘On . 2011 All six books contain at least one Aad. 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.. It has also been reported that they considered it to be a single revocable divorce and that if she chooses her husband. Kh:lid. describes succinctly the uncertainty over the nature of takhy. 4aA.r.¯ D I V O R C E . such as the episode of banning (taAr. then remember that God has prepared great rewards for those of you who do good’.. it is a single divorce in which he cannot take her back during her waiting period (b:8ina). all of them report 628isha’s comment that. It has been narrated from 6Al. ‘the Prophet granted us ‘the choice’ (khayyaran:)’ and that it did not count 64 Chapter 5 of Muslim’s ‘Book on Divorce’ is called. and the Final Home. 4)’. Although the exact wording of nearly all of the narrations transmitted from Masr<q by his Kufan pupils al-Sha6b.m) in S<ra 66 and the oath of sexual abstinence (.A Muslim. al-J:mi6 al-BaA. withdrawing from one’s wives. and Ab< al-DuA:66 exhibit inconsistencies. 63/682–3) from one of the immediate participants in the first takhy.l:8). then come.64 Al-Tirmidh. it is a single irrevocable divorce.. His Messenger. but if you desire God. 4ubayA al-Hamd:n.A. 66 His name is Muslim b. and his lengthy accounts link it to additional Qur8:nic verses and topics. also the Qur8:nic verse ‘if (the two of) you collaborate against him’ (66. iii. It is the opinion of Sufy:n al-Thawr. x.s ch o l a r s t yl e 339 the marriage bond. Most of the scholars and jurists among the Companions and their successors adopted the position of 6Umar and Ibn Mas6<d. .oxfordjournals. 65 al-Tirmidh. Muslim b. Only Muslim provides any sort of narrative in his discussion of ‘granting the choice’. 28–9) in which the Prophet is commanded: Say to your wives. 483–4. 628isha.65 Downloaded from jis.. that if she chooses herself. it does not count as anything.l:8. It has been narrated from 6Umar and Ibn Mas6<d that if the woman chooses herself. and the Kufans. ‘If your desire is for the present life and its finery. I will make provision for you and release you with kindness. and granting them the choice.

org at Princeton University on July 17. Downloaded from jis. Ibn M:ja. al-Bukh:r. a-khayyartuh: w:Aida aw mi8a ba6d an takht:ran. let each one four times call God to witness that he is telling the truth.. 67 . Sunan (nik:A: 39). 4aA. contains the most tangled web of narratives that strive to answer questions left unanswered by the Qur8:n.69 Assuming that the Aad. mutual imprecation.ths found in the Sunans of al-D:rim. al-Bukh:r. in its Kufan manifestation. and. Sunan (3al:q: 20). calls God to reject her if she is telling the truth.. Muslim.A (3al:q: 25–30. 4aA.A (li6:n). Sunan (3al:q: 2).. 6–7): As for those who accuse their own wives of adultery. 32–6). as can be seen in the following Qur8:nic passage (24.67 In one of al-Bukh:r.oxfordjournals. ‘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. Sunan (3al:q: 5). Ibn M:ja.’s two Aad. al-D:rim.ths on this topic. Muslim.A (3al:q: 5). Sunan (3al:q: 1). See also Joseph Schacht’s extensive entry.340 s co t t c . punishment shall be averted from his wife if she in turn four times calls God to witness that her husband is lying and. al-J:mi6 (3al:q: 4). ‘li6:n’ in the EI2. Sunan (3al:q: 38). Ibn M:ja. x. but have no other witnesses. 70 al-D:rim..: FatA al-b:r. al-Tirmidh. 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. 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. 68 L: ub:l. and Ab< D:w<d.r episode or are inauthentic. al-J:mi6 (3al:q: 22). 5). which report that the Prophet divorced EafBa and then took her back.. Sunan (3al:q: 27). 69 Muslim. 2011 6 The Procedure for mutual imprecation: the story of the first li6:n71 The final topic covered by all six Aad. call God to reject him if he is lying..A (3al:q: 4. 71 al-D:rim. either refer to a different incident than the takhy. 4aA. 4aA... Ab< D:w<d. Ab< D:w<d.th scholars under examination. 461 (3al:q: 5). Ab< D:w<d.A (3al:q: 4). Masr<q drives home the legal point by exclaiming.. 4aA. 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. Ibn M:ja. Sunan (3al:q: 27–9).70 628isha’s story. the fifth time. al-Tirmidh. Sunan (3al:q: 12). the fifth time. l uc as as a divorce.

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

Umayya. 4aA. see al-D:rim.A (li6:n).77 Another Aad. see al-D:rim.A (li6:n).342 s co t t c . 852/1449) identifies as 6Uwaymir.m b. Muslim. see Ab< D:w<d. see al-Bukh:r.m b. For al-Zuhr. Ibn Jurayj. Note that Ibn Sa6d does not associate Hil:l with the first li6:n. 76 For al-Zuhr. 578 (3al:q: 31. Sa6d and 6Iy:@ b. Sunan (3al:q: 27). M:lik. ii. Sunan (nik:A: 39). see Muslim. see Ibn M:ja. 6Abd All:h. 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. Sunan (3al:q: 27). Ab< D:w<d. Sa6d. transmitted from Ibn 6Abb:s. the Aad. Y<nus. who is also one of the candidates for whom the li6:n verses were revealed. He achieved some notoriety for being among the three men criticized and forgiven in the Qur8:n (9.th. For al-Zuhr.org at Princeton University on July 17. 2011 Nothing much appears to be known about him outside of this Aad. For al-Zuhr. For al-Zuhr.oxfordjournals. The only scholar under examination not to include Sahl’s story is al-Tirmidh. 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. 315–16.A (3al:q: 30). 4aA. and his anonymous kinsman. Ab< D:w<d’s comment is found following Ibn 6Uyayna’s narration in Sunan Ab. which. provides no evidence for the termination of the marriage at the end of the li6:n process. Sunan (3al:q: 27).. Fabaq:t.A (3al:q: 29).ths transmitted from Sahl. While these narrations provide names to this event. x..A (li6:n). For al-Zuhr.. Ibn Jurayj. whom Ibn Eajar (d. 6Iy:@ b.ths of M:lik. al-Awz:6. ibid. Sunan (nik:A: 39). 118) for staying behind in Madina during the raid to T:b<k. mentions 62Bim b. 4aA. Ibn Sa6d. 4aA. Muslim. whereas al-Awz:6. is the only report on the authority of Sahl in which the Prophet himself terminated 6Uwaymir’s marriage. al-Bukh:r. 78 FatA al-b:r.. 75 . Ibr:h. 77 Literally.th is not found in the other four collections. 36). from al-Zuhr. 569.78 Ibn 6Abb:s’ recounting of the story. according to Ab< D:w<d. 4aA. This Aad. 79 Hil:l was an early convert to Islam who does not appear to have been present at UAud.79 who Downloaded from jis. Ibr:h.76 Further complicating Sahl’s report is the narration of Ibn 6Uyayna from al-Zuhr.th.A (li6:n). l uc as in bed with his wife?’ and 6Uwaymir al-6Ajl:n.’s narration does not mention the triple divorce. iv. that almost certainly relates to this same event.. 6Abd All:h al-Fihr. iv. 6Ad. other than that he was present at UAud. Ab< D:w<d. This already tangled web of narrations is further complicated by reports that the first man to perform li6:n was Hil:l b. Sunan (3al:q: 27). Y<nus....75 the unfortunate fellow who found himself in this situation.. like the majority of the Aad. ‘separated (farraqa) the couple’. 4aA. Muslim.475 (3al:q: 27). D:w<d.

demonstrates his legal SaAm:8 is Shar. interestingly. 150. 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. Ibn M:ja. his father’s name is 6Abda b. M:lik or Ibn 6Abb:s.th scholars to adopt certain strategies for dealing with them. IB:ba. ix. (d.th critic. see Ibn Sa6d..k’s mother’s name.th’. ‘the practice of the scholars is in accordance with this Aad.k b. Muslim. Mugh.¯ D I V O R C E . and al-Tirmidh. Fabaq:t. iv. and Ab< D:w<d on the authority of Anas b. Eass:n al-Qurdus. 81 For more on Hish:m. along with the practice of determining paternity on the basis of physiognomy. Ibn Eajar. like 6Uwaymir. This story is found in the books of al-Bukh:r. cautiously graded Hish:m as ‘reliable (thiqa). Sa6. Ibn Sa6d.oxfordjournals.’. 295. 82 Ab< D:w<d does have a lengthy additional transmission from Ibn 6Abb:s 6Ikrima 6Abb:d b.83 Al-D:rim.s ch o l a r s t yl e 343 accused Shar. Note that the great Basran Aad.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. God willing’. 198/813). Fabaq:t. al-Tirmidh. YaAy: b.81 who claimed to have heard it from 6Ikrima Ibn 6Abb:s and Ibn S. 80 Downloaded from jis. ii. and al-Tirmidh. and Ibn M:ja have as a common link the Basran Hish:m b. and al-Tirmidh. ‘What has reached us concerning li6:n’ and leave it for the reader to sort out the legal implications of this knot of Aad.th and.k of commiting adultery with his wife. Ab< D:w<d. Ibn M:ja includes a couple of additional unique Aad.n Anas. Sunan (3al:q: 27). 271. Interestingly. 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. but include fewer contradictory reports. 84 al-Tirmidh. merely identifies the male imprecator as ‘an AnB:r. avoid this confusion by only citing narrations that relate to the 6Uwaymir story. 85 al-D:rim.ths in his chapter on li6:n that have nothing to do with the story of the first li6:n. Ibn Mas6<d.. which could refer to either 6Uwaymir or Hil:l. the versions in al-Bukh:r. SaAm:880 of having committed adultery with his wife without any witnesses. 83 Another self-identified witness to an act of li6:n. 2011 . 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.org at Princeton University on July 17. use the same chapter heading as Muslim and Ab< D:w<d. 147/764–5 or 148/765–6). states after Ibn Jubayr’s version of the Ibn 6Umar narration that. Muslim. and Ab< D:w<d collect all of the contradictory versions of this story in a single chapter (or book) simply labelled as. Ibn M:ja. al-J:mi6 (3al:q: 22).84 Muslim. Sunan (3al:q: 27). E A D I T H .d al-Qa33:n (d.. Ibn Sa6d. combines the stories so that 6Uwaymir accuses his fellow tribesman Shar.r. ManB<r that does not involve Hish:m. he belongs to the Ban< 6Ajl:n.ths.85 Al-Bukh:r.

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

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

n.ra’s story that does not mention her right to chose to end her marriage. 96 Muslim. Sunan (3al:q: 9). Sunan (3al:q: 15). Al-Bukh:r. Siyar a6l:m al-nubal:8. 94 Muslim. NiC:m al-3al:q f.96 Finally.th is also found in Ab< D:w<d. and Ab< D:w<d also employ in support of this position..97 Downloaded from jis. 2011 See MuAammad Ab< Zahr:.ra..th in which J:bir b. al-Bukh:r. 4aA. 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.. Sunan (3al:q: 24). 4aA.l:8 that was only twenty-nine days.th. 2nd edn.A (3al:q: 2). 381.95 He relates a single narration of a Aad.A (3al:q: 21).A (3al:q: 7). instead of the expected 30-day month. according to al-Dhahab. Ibn M:ja. 93 . 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. and Ab< D:w<d. Al-Bukh:r. al-Bukh:r. v.th (described below). Sunan (3al:q: 10). al-D:rim.. l uc as (1892–1958) would seize upon as evidence in their opposition to the triple divorce. al-Bukh:r. which all of the Aad. Sunan (3al:q: 14). 57–60.). Note that al-Tirmidh. This Aad. Muslim presents the widely reported Aad. al-J:mi6 (al-wal:8 wa-l-hiba: 1). 95 Muslim. Ab< D:w<d.93 Muslim merely labels this chapter ‘the triple divorce’ without comment. In addition to this Aad. 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.th scholars under consideration. (along with Ab< Zur6a and Ab< E:tim) considered Ab< l-Zubayr to be nonauthoritative (l: yuAtajju bi-hi).th since the only version narrated by these four scholars contains the isn:d J:bir Ab< l-Zubayr. Sunan (3al:q: 29). 43 (references). Sunan (3al:q: 41).. 229..l:8 after only 29 days.org at Princeton University on July 17. Ibn M:ja. 1969). 97 Muslim. and. 420–1. AAmad Sh:kir. Ibn Taymiyya and AAmad Sh:kir also relied upon a version of the Ruk:na Aad. Sunan (3al:q: 19–22). 4aA.d. al-D:rim. links the ‘month-long .A (6itq: 2). a report which al-D:rim.. as we shall see below. Ibn Taymiyya (Cairo: D:r al-Fikr al-6Arab.th about 628isha’s act of manumitting Bar. Ibn M:ja. relates a highly abbreviated narration of Bar.A (3al:q: 5)..A (3al:q: 15–17). 4aA..l:8’ to a separate incident in the Prophet’s life involving a broken leg. 4aA. save al-Tirmidh. their reading of Qur8:n 2.-l-Isl:m (Cairo: D:r al-Fib:6a al-Qawmiyya..oxfordjournals. 6Abd All:h (d. and qiy:s. 4 and clarifies that the Prophet ended his month-long . 4aA. Ibn M:ja also reports that the Prophet performed a one-month . probably did not include this Aad. I assume that the fact Muslim does not declare the triple divorce to be unlawful means that he at least tacitly approves its practice.94 Muslim touches briefly upon three additional topics.346 s co t t c .

101 al-D:rim. 263–311. 748/1348) states that Muslim shunned 6Ikrima on account of his alledged Khariji beliefs. 2 Ab< MuAammad 6Abd All:h b. which is a popular proof that divorce prior to marriage is invalid. mawl: of Ibn 6Abb:s (d. Tadhkira. While it is possible that he simply missed some of these Aad.. Juynboll.103 child al-Dhahab.) to have distrusted the controversial family isn:d related by Shu6ayb b. . Muslim’s methodology. the widely-circulated story about the wife of Th:bit b. For example.102 the female-initiated divorce.A. 98 Downloaded from jis. Ab< D:w<d. al-J:mi6 (3al:q: 6). .. Jerusalem Studies in Arabic and Islam. adverse circumstances at the time of divorce. 6Abd al-RaAm:n al-D:rim. 107/ 725–6). H.oxfordjournals. 5 (1984).. and the impacts of conversion upon marriage. Muslim is silent on the topics of the female-initiated divorce. . Schacht says that the ‘best attested date’ for his death is 105/723–4. A.¯ D I V O R C E . Sunan (3al:q: 17) and al-Tirmidh. Sunan (3al:q: 8).ths of the highest level of authenticity in early Muslim jurisprudence. which happens to be the primary chain of transmission for the report. Chapters. (d. child custody. in its isn:d. E A D I T H . only covers sixteen divorce-related topics in his Sunan.100 led him to restrict the contents of his 4aA. Sunan (3al:q: 7). despite the consequence that for certain legal fields. see G. Slight variants of this statement are found in Ibn M:ja. and she cites Lane’s definitions of b-t-t. Spectorsky.s ch o l a r s t yl e 347 Muslim’s chapters on divorce indicate the limited utility of Aad.A to prophetic Aad. and al-Dhahab. ‘Muslim’s introduction to his 4aA. and others cite has 6Ikrima. These topics include the affirmation that a divorce uttered prior to marriage is invalid... ‘6Ikrima’.ths in the course of his studies. Although al-D:rim. translated and annotated with an excursus on the chronology of fitna and bid6a’. i.99 In short. ‘sever’. The Arabic expression al-batta is translated by Susan Spectorsky as ‘definitely’ or ‘decisively’.. The death date of 107 is provided by al-Dhahab.ths that he evaluated as sound.-m: tamlik . ‘to cut off’.org at Princeton University on July 17.101 the flexibility of the ‘batta divorce’.. he could only address a tiny fraction of the relevant issues. he discusses eight issues ignored by Muslim. Muslim is reported (as also is al-Bukh:r. Qays’ khul6 divorce that al-Bukh:r. ‘divorce is only valid if you are married to (lit. Sunan (3al:q: 7). 2011 . 102 Ibid. and al-Tirmidh. 30. own) the woman’. such as divorce. a more likely explanation for their absence are his critical standards.98 Likewise. Sunan (3al:q: 3).th from the one found in the books of Ibn M:ja. 100 For a translation of this introduction. 74. 103 al-D:rim. the Cih:r oath. Ab< D:w<d. as he informs us in the introduction of his book. or ‘separate’. He cites a different Aad. 99 L: 3al:q ill: f. 6Amr. EI2.

al-Tirmidh. a report which possibly indicates the desirability of taking back one’s wife during her 6idda. Ibn M:ja includes unique narrations in which her name appears as Eab. FatA al-b:r.105 He also recounts the lengthy story of Salama al-Bay:@. Sunan (3al:q: 17). is that the Prophet divorced EafBa and took her back during her waiting period. 110 al-Bukh:r. Sunan (3al:q: 16).. x. Upon Th:bit’s arrival. al-J:mi6 (3al:q: 10).ba because she told him that the Ibid.’s act of breaking the Cih:r oath during Rama@:n106 and the Prophet’s purported statement that. and set her free’.ths. 106 Ibid. Sunan (3al:q: 9).’s version adds the twist that Th:bit was initially angry with Eab.A (3al:q: 12. Sunan (3al:q: 6). and al-Tirmidh. Ibn M:ja. the Prophet said.la bint Sal<l (3al:q: 22). 105 104 Downloaded from jis. al-D:rim. and then Jam. al-Tirmidh. 4aA. Sunan (3al:q: 7). 58/1 (1994). Ab< D:w<d.. ‘I have everything he has given me right here’. Qays as Jam. l uc as custody. 2011 . ‘An Ascetic Vow or an Unseemly Oath?: ..110 al-D:rim. Sunan (3al:q: 1) and Ab< D:w<d. 13).ba settled into her father’s home. reports that Th:bit took a portion of what he had given her and then Eab. ‘Any woman who asks her non-abusive husband for a divorce will be forbidden from [enjoying] the scent of Paradise’... all use to discourage this practice.107 The final subject introduced by al-D:rim. Ibid. 501 (3al:q: 12).th. Sunan (3al:q: 38).ba first performed the khul6 divorce on Th:bit.. one morning. Ibn Eajar’s solution is that these are two discrete stories and that Eab.la and a second one as Bint 6Abd All:h b.ba bint Sahl and Jam. Bulletin of the School of Oriental and African Studies. Sunan (3al:q: 21). see Ibn Eajar. This report is also cited by Ibn M:ja.-ghayr ba8s fa-Aar:m 6alayh: r:8iAat al-janna.348 s co t t c . and the narrator of the Aad.ba bint Sahl. covers these additional legal topics through a mixture of sound and weak transmissions of prophetic Aad. Sunan (3al:q: 18).la bint Ubayy while the Madinans call her Eab.ba bint Sahl who. 6Amra bint 6Abd al-RaAm:n (d. For example. he introduces the topic of the female-initiated divorce through the widely transmitted story of Eab. Note that one of al-Bukh:r. 109 al-D:rim.th books under consideration. 108 al-D:rim.’s transmissions identifies the wife of Th:bit b. Ibn M:ja. ‘Take from her what you wish. which Ibn M:ja. ‘Neither me. Ab< D:w<d. Ubayy. nor Th:bit’.. at 118.l:8 and Cih:r in Muslim Law’. Eab.la followed suit at a later date.th is mentioned in Gerald Hawting.A. 98/717 or 106/724). met the Prophet outdoors and said.108 Al-D:rim. Sunan (3al:q: 18). Furthermore. Sunan (3al:q: 21–3).org at Princeton University on July 17.oxfordjournals. Ab< D:w<d. 107 Ayyum: imra8a sa8alat zawjah: 3al:qan f. Ibn 6Abd al-Barr observes that the Basrans call her Jam. al-J:mi6 (3al:q: 11). Sunan (3al:q: 2). 113–25.109 While the gist of this core khul6 story is found in all of the Aad.104 and the rules concerning the divorce of a slave girl.ba said. This Aad. except for Muslim’s 4aA.

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

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

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

ths other than this one’. 480-1 (3al:q: 2). by Eerik Dickinson (Reading. 4 Ab< D:w<d Sulaym:n b. and if he intends a triple batta divorce. al-Ash6ath al-Sijist:n. it is a triple. UK: Garnet. fair. for example. 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. the batta divorce counts as a triple divorce. This is the opinion of Sufy:n al-Thawr. A portion of this text was translated on the basis of the superior G:hiriyya manuscript by Susan Spectorsky in Chapters. Each Aad. see Ibn al-4al:A al-Shahraz<r.. it is a double divorce.th and he rarely presents multiple narrations of the same report.A. is ‘poorly attested and only attributed to the Prophet by MuC:hir b. namely the discussion of only those legal topics connected to a sound. 17–23. and if he intends a double divorce. ‘A slave girl can only be divorced twice and her waiting period is two menstrual cycles’. it is only one divorce and he possesses the right to take her back. transl. and if he intends a triple divorce. that 628isha’s report that the Prophet said. Mas:8il al-Im:m AAmad (ed. 60–90. achieves a level of transparency and harmonization between Aad. apart from his cohorts.th. 128 Ab< D:w<d. it is triple. hardly an evaluation that inspires confidence in its veracity. Even though his inclusion of fragments of the discourse of juristic disagreement (ikhtil:f al-fuqah:8) sets al-Tirmidh.d Ri@:. Rash. 2005). and the Kufans. if he intends a double batta divorce. 126 125 . restricts his discussion to topics for which he has a prophetic Aad. in which he Downloaded from jis.th scholars through his use of the expression Aasan BaA.oxfordjournals. his methodology is ultimately the same as that of al-D:rim. invented the grade of ‘fair’ (Aasan) and confounded generations of Aad. Ibid. (3al:q: 7). who did not transmit any Aad. for an effort at elucidation. so the reader learns..org at Princeton University on July 17. 2011 Ibid.th and the emerging schools of law that is unparalleled among his third/ninth-century peers. An Introduction to the Science of Ead. Cairo.th is graded. such as his collection of Ibn Eanbal’s legal opinions128 and especially his Epistle to the Makkans. 127 Note that al-Tirmidh.127 or weak Aad. Aslam. Al-Sh:fi6. it can only be a single divorce. M:lik says that if he has consummated the marriage.126 Al-Tirmidh. along with his other short surviving books.125 Al-Tirmidh. l uc as intention: if he intends a single divorce.352 s co t t c . iii. it is singular.th. 1934 or 5). says that if he intends a single batta divorce.

138 129 The existence of this short work was brought to my attention by Christopher Melchert’s article. and collected the Aad. Ab< D:w<d also singles out Sufy:n al-Thawr.6 b.th that has a serious defect (wahn shad. 137 Ibid. 136 Ibid.129 Christopher Melchert. al-Jarr:A (d.. 37...133 and he also encourages students to supplement their study of his Sunan by copying Companion opinions.th (Aleppo: Maktab al-Ma3b<6:t al-Isl:miyya.ths that form the basis of the opinions of al-Thawr. he had taken their juridical opinions and collected the Aad.). 52 and 54. 134 Ibid. 1997).’s J:mi6 as being the finest work of its genre. 167/784) and 6Abd al-Razz:q al-4an6:n.134 As for the calibre of the Aad.ths.130 While this may be true in many or even most cases. and the MuBannafs of Eamm:d b.6 and 6Abd al-Razz:q. rather. 181/797) and Wak. ‘some of which are more sound than others’.. and al-Awz:6.136 He is highly critical of reliance upon poorlyattested (ghar. the Muwa33a8 of M:lik. 46–7. after citing Ab< D:w<d’s claim in this epistle to have included the Aad. He observes that the books of Ibn al-Mub:rak and Wak. E A D I T H .132 He clarifies his legal methodology in this epistle.th to back them up’... Thal:th ras:8il f. M:lik. Ab< D:w<d claims to have included approximately 4800 mostly good (B:liA) Aad. asserts that ‘Ab< D:w<d had [not] gone through the books of al-Thawr.131 After boasting that his Sunan is the most necessary book for students to learn after the Qur8:n. 2011 . Ab< D:w<d provides the number 4800 on pp.ths are mar:s.135 that are well known (mashh<r)..b) Aad. 197/ 812). (d.ths worthy of inclusion is his Sunan and that most of their (prophetic) material is mursal.s ch o l a r s t yl e 353 describes the methodology behind his Sunan.ths137 and claims to have identified in his Sunan any Aad. Downloaded from jis.l. 6ilm muBtalaA al-Aad.. 131 Ris:lat Ab..ths in which the Companion link is missing (mursal) with the argument that al-Thawr. 38.ths in his Sunan.¯ D I V O R C E . M:lik. presumably from books like those of Wak. defending the use of Aad.oxfordjournals. 133 Ibid. 395–6. 132 Ibid. 130 Ibid. Ab< D:w<d indicates in the Epistle his familiarity with the (untitled) books of Ibn al-Mub:rak (d.. 47. waBf Sunanih in 6Abd al-Fatt:A Ab< Ghudda (ed. ‘Traditionist-jurisprudents and the Framing of Islamic Law’. and al-Sh:fi6. M:lik. and al-Sh:fi6. 138 Ibid. 135 Ibid. 32–3. 33–4.org at Princeton University on July 17.th quoted there.d) in its isn:d. 46. D:w<d il: ahl Makka f. he also says that 600 of these Aad..6 have few prophetic Aad. Salama (d. 157/774) all relied upon this type of report.

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

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

30–32. 11–13. Sunan (nik:A: 40).153 Overall. Ab< D:w<d. 22.th scholars. At least one weak Aad. 152 Ibn M:ja. Sunan (3al:q: 25).th is found in each of the following chapters of Ibn M:ja’s ‘Book on Divorce’ in his Sunan: 1. and al-Bukh:r. Ibn M:ja. 246/860–1) as saying that the correct form is Qays b. al-Tirmidh.. Islamic Law and Society. 151 Ibn M:ja. 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. al-J:mi6 (nik:A: 34). l uc as The second Aad. see Scott C. al-E:rith.ths in Ibn M:ja’s Sunan..org at Princeton University on July 17. Ab< D:w<d has one narration with Qays b. Salama’s ten-wife household. Al-Bukh:r. Ism:6.. 19.. 17. 2011 . Sunan (3al:q: 25). thigh]’..’s marriage to two sisters prior to his conversion to Islam.l al-Bukh:r.154 al-Bukh:r. 153 Ibn M:ja.’s legal hermeneutics represent a sharp departure from those of his contemporary Aad. Ism:6. 16. Sunan (nik:A: 39). which revolve around the anecdotes of Fayr<z al-Daylam. although he has a special penchant for relating material that most major Aad. While this is not the appropriate place to review his chapters on legal methodology in his 4aA.m (al-Dawraq. and Their Relationship to Classical Salafi Islam’.. al-E:rith and another with al-E:rith b. 7.149 Like so many weak Aad.As of Muslim and al-Bukh:r.ths found in the 4aA.th critics refrained from including in their books. 6 Ab< 6Abd All:h MuAammad b. al-Tirmidh. 150 149 Downloaded from jis. 27.oxfordjournals. Ibr:h. d.ths of variable degrees of reliability. 154 For a detailed analysis of this topic.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. 6. al-J:mi6 (nik:A: 33). Qays.’s techniques become apparent from a close reading of his Innam: l-3al:q li-man akhadha bi-l-s:q. Lucas. Ibn M:ja. Sunan (3al:q: 31)...356 s co t t c . 21.A. He quotes AAmad b. like al-Tirmidh. 36.l al-Bukh:r. and Ab< D:w<d by endeavouring to derive rulings almost exclusively from prophetic Aad.151 Qays b.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. Sunan (nik:A: 40). 24. and Ab< D:w<d. He also addresses the three topics pertaining to conversion to Islam that are broached by al-Tirmidh. al-E:rith’s eight pre-Islamic wives. 13/3 (2006): 289–324. ‘The Legal Principles of MuAammad b.152 and Ghayl:n b. al-Tirmidh. Ibn M:ja follows the same basic methodology of al-D:rim.

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

545 (3al:q: 23). ‘If a man issues a Cih:r oath on his slave girl.h.. break the Cih:r oath they uttered).m al-Nakha6.org at Princeton University on July 17. the expression ‘li-m: q:l<’ [Qur8:n 58.-m: q:l<’. 3]160 means the same as ‘f. it is meaningless. Ab. wa-l-l:dh. al-Eurr159 said.163 Likewise..A (al-i6tiB:m bi-l-kit:b wa-l-sunna: 12).s of the verse thumma ya6<d<na li-m: q:l< as ‘and then they utter the Cih:r oath again’. calls this technique ‘comparison’ (tashb.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. The G:hir.161 Note the absence in this case of both prophetic and Companion reports and the presence of al-Bukh:r. see Hawting.. and M:lik said. ‘(those men) who violate what they said’.s. l uc as free person’. He also includes the opinions of al-Sha6b.e. Qat:da. [al-Bukh:r.). relates twelve Aad. The second technique al-Bukh:r. Sulaym:n) in support of this position.ths in chapters on divorce topics that have no transparent relationship to this topic but share a common similarity that renders them useful. 50–2. occasionally puts front and centre in his 4aA.s held that one only had to perform the expiation for every other Cih:r oath.na yuC:hir<n min nis:8ihim thumma ya6<d<na li-m: q:l< fa-taAr. 160 al-Bukh:r.A (3al:q: 24. 2011 . This reading is superior since God (Exalted) does not lead (His creatures) to wrongdoing (munkar) and false speech (qawl z<r). Ibr:h. see Lucas..:] In the Arabic language. and Eamm:d (b.h) in his book on legal methodology and some Muslim scholars have argued that ‘comparison’ is just another word for analogy (qiy:s). The G:hir.oxfordjournals. 4aA. 162 al-Bukh:r. but that others have Easan b. 1971). because Cih:r is only for (free) women’.ru raqaba (58.. is providing his interpretation of the verse. Easan b. Al-Bukh:r. 304–8.ths in his J:mi6. who does not appear anywhere else in the text. 25). 6Ikrima said. Their Doctrines and Their History (Leiden: Brill. quoting Ignaz Goldziher.A have Easan b. but which al-Bukh:r.’s exegesis on the meaning of one of the crucial Qur8:nic verses on the Cih:r oath—material that al-Tirmidh. regularly interjects between Aad. 4aA.358 s co t t c .162 For example.’s 4aA. 544 (3al:q: 23).. ‘Legal Principles’. the best understanding is. 159 Downloaded from jis. ‘The fast [of expiation] is two months’. For a discussion of the controversy over the term tashb. Eayy and still others have just Easan (which by convention would be al-Easan al-BaBr. in his Ibn Eajar reports that most manuscripts of al-Bukh:r.A. Ibn Eajar notes that all three men share the same opinion concerning the Cih:r of a slave. ‘The Cih:r oaths of a free man and a slave against a free woman and a slave woman are identical’. al-Eurr. FatA al-b:r.. x. instead of his preferred reading of ‘and then if they violate what they said’ (i. is refuting the reading adopted by the G:hir. 163 al-Bukh:r. 161 Ibn Eajar explains that al-Bukh:r. ‘An Ascetic Vow or an Unseemly Oath?’ 117. al-Bukh:r. 3). FatA al-b:r. x. uses is to include Aad. and (in the case of this verse).

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

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

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

The first was the surprising fact that only six legal topics were covered by all of the Aad. the validity of divorce uttered in a language other than Arabic. 2011 . Despite the common allegiance to and profound knowledge of Aad. and whether a man with ten wives must divorce six of them upon his conversion. under compulsion. and early postprophetic authorities. since his ‘Chapter on divorce while angry. etc. intoxicated. l uc as the daylight hours of her waiting period. Ibn M:ja. Ab< D:w<d. Finally. It is also possible that I undercounted al-Bukh:r. I assembled a list of 45 legal topics that I derived from the six Aad.th scholars of the third/ninth century in order to learn more about their compilers’ methods of jurisprudence.’ actually covers numerous topics.ths. a task facilitated by the modern editors of these books.ths among al-D:rim. in consultation with the early proto-madhhab law books of the third/ninth century and Susan Spectorsky’s Chapters on Marriage and Divorce. All of these topics can be found in the early fiqh books. and al-Tirmidh. CONCLUSIONS This project began as a simple comparative exercise between the books of six famous Aad. insane.’s breadth of legal topics.. ‘I don’t have a wife’.362 s co t t c . al-Bukh:r. his 4aA. 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.180 Even though al-Bukh:r.th books in order to evaluate the range of topics each Aad. several of which are unaddressed in the other five books under consideration. shies away from both sub-par Aad.org at Princeton University on July 17.A is distinguished by its diversity of topics.oxfordjournals.. as well as its compiler’s creative utility of narrations that bear little explicit relationship to the legal topic under discussion. or the consequences of the husband’s expression.. 180 Downloaded from jis. Aad. Muslim. Two discoveries initially emerged from this analysis.ths and the legal opinions of most of the eponyms of the Sunni schools of law. none of the other five books addresses the topics of divorce while intoxicated. several factors made a comparison of their books complicated.th scholar addressed.th scholars under examination. These topics seemed highly random and each one appeared to derive from a tangled web of narrations For example. the validity of conditional divorces. Then I had to track down topics related to divorce found outside of the six scholars’ ‘Books on Divorce’.

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

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

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

43. 14–17.35.3) (AD:4) (T:1) (D:4) (B:4. Nik:A: 32. 6Itq: 2. 32–45.A 4aA. al-J:mi6 al-4aA.47. If the indicated chapter is found in the ‘Book on Divorce’.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’.17. 39. 9–32.org at Princeton University on July 17.. Nik:A: 54 Fal:q: 1–8. M: Muslim. 34. Nik:A: 17. Li6:n190 Fal:q: 1–7..19–22. l uc as APPENDIX Table 1: Chapters on Divorce Used in this Study Book Sunan al-D:rim.A Divorce chapters Fal:q: 1–11. 40. D:w<d al-Tirmidh. just the chapter number is provided.37–41.. AAk:m: 22 Fal:q: 2–29. 191 190 .16) (AD:8) (T:15) (D:1) (B:1.oxfordjournals.33. AAk:m: 21 Total(172) 16 47 12 37 36 24 Downloaded from jis. 60. that book’s title will be included in the citation. Buy<6: 4..366 s co t t c .A Muslim Sunan Ibn M:ja Sunan Ab. IM: Ibn M:ja. so the fifth chapter of al-Tirmidh. Nik:A: 39 Fal:q: 1–17. 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:15.51–53.’s ‘Book on Marriage’ would read (T: nik:A: 5). Nik:A: 27. If it is in any other book. 36. al-Bukh:r. al-J:mi6 al-4aA. B: al-Bukh:r.2) (M:1) (IM:2.19–30. AD: Ab< D:w<d.13–15. Abbreviations: D: al-D:rim.7.. T: al-Tirmidh.49 Fal:q: 1–11.

E A D I T H .7) (AD:47) (T:17) (D:14) (M:7) (IM:9) (AD:41) Downloaded from jis.42) (M:6) (IM: 10) (AD:39.5) divorce (AD:5. 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.¯ D I V O R C E .19) (AD:11) A divorce issued in jest counts (IM:13) (AD:9) (T:9) Implications of calling one’s wife ‘unlawful’ (B:7.s ch o l a r s t yl e 367 8 If a man does not inform anyone about his divorce.org at Princeton University on July 17.45) (IM:1.35) (T:aAk:m:21) Taking one’s wife back after a revocable (D:2) (B:44. 38) Words other than 3al:q that can cause divorce (B:6) (IM:18. 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) .8) (M:3) (IM:28) (Aar:m) Implications of referring to one’s wife as (B:10) (AD:16) ‘my sister’. 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.oxfordjournals. 40) (T:5) (D:11) (B:39) (M:8) (IM: 6.32) (AD:6) (T:7) (D:16) (IM:aAk:m:22) (AD:26.

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 .r does not count as a divorce if the woman chooses her husband 38 A manumitted married slave woman has the right to takhy.368 s co t t c .20) (IM: nik:A:60) (AD:23. 2011 (D:nik:A:39) (B:25–30.org at Princeton University on July 17.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.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 .20) (B:21) (M:5) (IM:24) (T:21) (B:19.oxfordjournals.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. 32–36) (M:li6:n) (IM:27) (AD:27–29) (T:22) (D:9) (B:23) (IM:25–6) (AD:17) (T:19.r 37 Takhy. 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.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.

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