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



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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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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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

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.

al-J:mi6 al-Bagh. Near the end of this section. 23 MuAammad al-Shayb:n. Qur8:n 2.s ch o l a r s t yl e 329 6. 229. allowed the couple to remarry after the li6:n procedure. ‘Various other topics’. 24 While Spectorsky does not count the effects of conversion and apostasy among the seven major divorce topics. transl. Chapters. (All Qur8:nic citations in this article are from M. 242–72. 33.. separates them. indicates the significance of these categories in his vision of Islamic law. 50–2. 228.25 Downloaded from jis. it is no sin for either of them if the woman ransoms herself’. with the exception of mutual imprecation. al-J:mi6 al-Bagh.24 Finally. E A D I T H . Shayba. The text also reports that al-Shayb:n. transl. 49. along with SaAn<n’s Mudawwana. while the recension of al-Shayb:n. although these books also explore the effects on the marriage bond of conversion to and apostasy from Islam.r. 234 (widow). 264/878) decision to divide the divorce-related topics in his MukhtaBar into the ‘Book on Female-initiated divorce’. 2004).r. 52–9. Chapters. Abdel Haleem’s The Qur8:n: A New Translation (Oxford. 59. al-Muwatta of Imam Malik ibn Anas: The First Formulation of Islamic Law.21 This framework works very well with most of the early fiqh books that have survived. al-Shayb:n. 2011 20 Spectorsky. 4. Qur8:n 2. ma6a sharAih al-N:fi6 al-kab. 221–43. .) 21 Spectorsky. and MuAammad al-Shayb:n. The Muwatta of Imam Muhammad. fall into these seven categories. The waiting period (6idda). Note that only five prophetic Aad. ‘Book on Divorce’ (3al:q). Aisha Bewley (Inverness. covers all of these categories in some depth.¯ D I V O R C E . 2.23 Most of the chapters on divorce in the aforementioned MuBannafs of 6Abd al-Razz:q and Ibn Ab. 1986). If he does so.’s recension. The female-initiated divorce (khul6)..ths with isn:ds pertaining to divorce are found in M:lik’s Muwa33a8 and only three are present in al-Shayb:n. whereas Ab< Y<suf denied such a possibility. 22 M:lik b.’s book.r (Beirut: 62lam al-Kutub. Spectorsky. 2001). Mohammed Abdurrahman and Abdassamad Clarke (London: Turath Publishing.r and the oath of sexual abstinence in the ‘Book on Divorce’ and mutual imprecation in the ‘Book on Gih:r’. states that the li6:n procedure does not result in the dissolution of the couple unless the q:@. and devotes special attention to a dizzying array of divorce statements. Scotland: Madina Press. 191– at Princeton University on July 17. 65.A.’s (d.’s recension of M:lik’s Muwa33a8 has at least two chapters on all seven of these categories. Chapters. ibid. 242–3.20 7. covers all of them except the Cih:r oath. . this counts as a single divorce in which the husband does not have the right to take back his wife during her waiting period. YaAy: al-Layth.S. Anas. and ‘Book on Waiting Periods’. al-Muzan.22 Al-Shayb:n. ‘ . discusses at some length takhy. . 25 Note that al-Muzan. 2004). she mentions them under her subheading.oxfordjournals. ‘Book on Gih:r’.

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

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

.th. 1978). Sunan (3al:q: 4). or. like al-Sh:fi6. but complicates matters in the following chapter by recounting a variant version in which the Prophet merely says to 6Umar. Ibn M:ja. in the case of al-Bukh:r. nor Ab< D:w<d offers a precise definition of the sunna divorce. al-J:mi6 (nik:A: 27). 4aA. Sunan (3al:q: 2. 32 Downloaded from jis.. 35 al-D:rim. (d. 2001).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 scholars understood this Aad. i. 2011 . from a separate statement attributed to Ibn 6Umar himself. 2 The Marriage that allows a terminally divorced couple to remarry: The story of Rif:6a al-QuraC. versus the opinion of Sufy:n al-Thawr. al-J:mi6 (3al:q: 1). 204/820) and Ibn Eanbal.A (3al:q: 2). (d. They also all agreed that the divorce counted.32 Neither al-D:rim. 3). tamy. Sam<8al) al-QuraC. (Beirut: D:r al-Fikr. 33 Ibn M:ja. Sunan (nik:A: 32). MuAammad 6Umar. Sunan (3al:q: 49). Nowhere does the Qur8:n indicate that a man cannot divorce his wife while she is menstruating and all six Aad.. al-Tirmidh. Muslim. 6Al. 34 al-Bukh:r. He also records the disagreement over the sunna divorce of a pregnant woman. 37). al-IB:ba f. 518. 7. 36 Nothing appears to be known about Rif:6a beyond this Aad.36 divorced his wife triply and she al-Tirmidh. Kit:b al-Fabaq:t as a limit upon the husband’s unfettered right to divorce. al-Bukh:r. v. 4aA. Rif:6a (b.. who are of the opinion that the sunna divorce encompasses a triple divorce in one setting.r (ed. either on the basis of the preponderance of reports.z al-BaA:ba. 4aA..’s unsatisfied ex-wife35 The second topic relies upon the only story possessing a touch of sexual humour. 395.332 s co t t c . and the opinion that he must wait until after one additional period of menstruation prior to divorcing her again. ‘Tell (Ibn 6Umar) to take her back and then divorce her when she is free from menstruation or pregnant’. Ibn Eajar.. Ab< D:w<d. 11 at Princeton University on July 17. 4 vols.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.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.A (3al:q: 4. l uc as between the jurists.. Cairo: Maktabat al-Kh:nj. Ibn Sa6d.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 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. and they relate Aad.A (nik:A: 17)..

since the verb 3allaqa is employed in this manner in Qur8:n 2. E A D I T H . 236–7.39 Theoretically. il: Rif:6a? l: Aatt: yadh<qa 6usaylataki wa-tadh<q. 4aA.¯ D I V O R C E . Ibn M:ja. Ab< Bakr was with the Prophet and Kh:lid b. la6allaki tur. Note that Ibn M:ja also uses this Aad. Sunan (3al:q: 10). before 60/679) divorce has produced the most conflicted interpretations of any of the Aad. al-Zubayr al-QuraC. In addition to casting an embarrassing light upon the anatomy of a certain 6Abd al-RaAm:n b.. and the shorter one as just.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. whose name is never mentioned in the Aad.ths In the version from 628isha 6Urwa al-Zuhr.d. l: Aatt: yadh<qa 6usaylatah: kam: dh:qa l-awwal. in some versions. in several versions. Sunan (3al:q: 10).. 3 (nik:A: 17). a woman could be divorced prior to consummation. Sa6. This memorable prophetic locution cemented the requirement of consummation with the new husband prior to the remarriage with the original one and al-Tirmidh. Kh:lid remarked with astonishment.ths. 230. 4aA. 4aA. 40). 7 (3al:q: 4).. ii.oxfordjournals. al-J:mi6 (nik:A: 27).d overheard the conversation outside the door of the Prophet’s residence. Muslim.A (3al:q: 6). x. 455 (3al:q: 4).A Muslim. 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). ‘Can you believe what was said out loud in the Messenger of God’s presence!’ Sunan al-D:rim. al-Bukhari. reports in the ‘Book on Marriage’ that this is the practice of the general mass of Companions and subsequent scholars..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. 40 al-Tirmidh.A (3al:q: 41. has the longer version as. 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 at Princeton University on July 17. 6usaylatahu. 38 al-Bukh:r. 2011 . went to the Prophet and. complained that her new husband’s manhood was akin to an eyelash or thread (hudba). 41 al-D:rim..n an tarji6. FatA al-b:r. al-J:mi6 (3al:q: 5). Ab< D:w<d.s ch o l a r s t yl e 333 subsequently married 6Abd al-RaAm:n b.38 The story ends abruptly with this euphemistic prophetic statement. al-Zubayr. 42). x.. 37 Downloaded from jis. Sunan (3al:q: 39. Rif:6a’s ex-wife. she had ‘tasted his sweet honey’.. 39 Qur8:n 2.

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

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

1 and 65. of F:3ima’. and Ibn M:ja support the first position outlined by al-Tirmidh. rather. Al-Bukh:r. provide clear evidence of their preferred positions on this topic. x. ‘F:3ima was in an insecure place. even though she did not claim to be basing her opinion overtly on a prophetic teaching. 5) 6Urwa’s observation that 628isha rejected F:3ima’s claim that the Prophet allowed her to relocate during her waiting period.. Ibn Eajar. al-D:rim. l uc as in which F:3ima actually utters the prophetic decision that denies her lodging or maintenance. and the Prophet made a special exception for her to move out of fear of her initial location’.. Neither Ab< D:w<d nor al-Tirmidh. and Muslim adopts the third one. 4aA. and Muslim expresses his own opinion in the chapter title.A (3al:q: 41.55 The story of F:3ima bint Qays and its ensuing controversy provide a useful window into the legal hermeneutics of the six Aad. . Both Muslim and Ab< D:w<d relay a wide array of variants of F:3ima’s prophetic scholar under consideration who refuses to include a single Aad. opinion. 42). Ibn M:ja. 4) 628isha says to 6Urwa. Sunan (3al:q: 10).th)’. relates reports in which. but.54 Al-Bukh:r. 55 Ibid. can be derived from the title of the forty-second chapter of his 4aA. 2011 . In the showdown between F:3ima’s prophetic Aad. Sunan (3al:q: 10). he cites Qur8:n 65. and Ibn M:ja side with F:3ima. 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’ along with the criticisms of 6Umar and at Princeton University on July 17. al-D:rim. 53 ‘House the wives you are divorcing . ‘She receives no merit from mentioning this statement (Aad.53 along with five very different versions of 628isha’s rejection of the implications of F:3ima’s statement. 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. and instead elevates 628isha’s opinion to the highest authority on this issue.’s own opinion. cites neither F:3ima’s Aad. champions the second while al-Tirmidh. 6. 603 (3al:q: 41. Downloaded from jis. al-Bukh:r. nor 6Umar’s criticism.336 s co t t c .th scholars under consideration. 4aA. al-Bukh:r. al-mu3allaqa idh: khushiya 6alayh: f. 598. 42). ‘The triply divorced woman does not 52 al-D:rim.A.A (3al:q: 6). is the only Aad. . although Ab< D:w<d does not provide any evidence in support of the hybrid M:lik/al-Layth/ al-Sh:fi6. ’ 54 al-Bukh:r. refuses to take sides and merely relates the three positions adopted by a handful of his illustrious predecessors. FatA al-b:r.oxfordjournals. in the end.-maskan zawjih: an yuqtaAama 6alayh: aw tabdhuwa 6al: ahlih: and the critical remarks of 6Umar and 628isha. 1) 628isha tells Marw:n that ‘You will not be harmed for refraining from mentioning the statement (Aad. al-Zubayr after he mentioned F:3ima. 2) 628isha says.52 Al-Bukh:r..

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

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

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

A (3al:q: 25–30. 2011 6 The Procedure for mutual imprecation: the story of the first li6:n71 The final topic covered by all six Aad. al-Tirmidh. al-Bukh:r. l uc as as a divorce.A (li6:n). 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. 71 al-D:rim. 67 . Ab< D:w<d. ‘li6:n’ in the EI2.: FatA al-b:r. 4aA. the fifth time.70 628isha’s story. Ibn M:ja. in its Kufan manifestation. mutual imprecation. Sunan (3al:q: 12). 4aA. Muslim. 4aA.A (3al:q: 4).340 s co t t c . 68 L: ub:l. 32–6). which report that the Prophet divorced EafBa and then took her back. Ibn M:ja. 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. and Ab< D:w<d. Sunan (3al:q: 2). Sunan (3al:q: 27). Ibn M:ja. Sunan (3al:q: 38). as can be seen in the following Qur8:nic passage (24.. Sunan (3al:q: 1). 4aA.ths found in the Sunans of al-D:rim. Ibn M:ja.r episode or are inauthentic. 70 al-D:rim. 5). 461 (3al:q: 5). 6–7): As for those who accuse their own wives of adultery.. either refer to a different incident than the takhy.69 Assuming that the Aad.oxfordjournals. let each one four times call God to witness that he is telling the truth. scholars under examination.’s two Aad..ths on this topic. Ab< D:w<d.. Muslim. but have no other witnesses. x. Sunan (3al:q: 27–9). a-khayyartuh: w:Aida aw mi8a ba6d an takht:ran. Masr<q drives home the legal point by exclaiming. call God to reject him if he is lying. calls God to reject her if she is telling the truth. al-Bukh:r. punishment shall be averted from his wife if she in turn four times calls God to witness that her husband is lying and. 4aA.. contains the most tangled web of narratives that strive to answer questions left unanswered by the Qur8:n. al-D:rim.A (3al:q: 4. Sunan (3al:q: 5). 69 Muslim. Sunan (nik:A: 39). al-J:mi6 (3al:q: 22). Ab< D:w<d. ‘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. the fifth time.67 In one of al-Bukh:r. al-J:mi6 (3al:q: 4).org at Princeton University on July 17..A (3al:q: 5).. Sunan (3al:q: 20). 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. Downloaded from jis. See also Joseph Schacht’s extensive entry.

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

Ab< D:w<d’s comment is found following Ibn 6Uyayna’s narration in Sunan Ab.A (li6:n). For al-Zuhr. Sunan (3al:q: 27).org at Princeton University on July 17. al-Bukh:r.A (li6:n).475 (3al:q: 27). 569. 2011 Nothing much appears to be known about him outside of this Aad. Sa6d. This Aad. ibid.A (li6:n).A (li6:n). 77 Literally. 4aA. see al-D:rim. The only scholar under examination not to include Sahl’s story is al-Tirmidh. For al-Zuhr. who is also one of the candidates for whom the li6:n verses were revealed. whom Ibn Eajar (d. from al-Zuhr. other than that he was present at UAud. Ibn Sa6d.. 578 (3al:q: 31. 294–5. Fabaq:t. Sunan (nik:A: 39). see Ab< D:w<d. 4aA. see Muslim. iv. transmitted from Ibn 6Abb:s.m b. ii.. 75 .ths of M:lik. 6Abd All:h. D:w<d. which. This already tangled web of narrations is further complicated by reports that the first man to perform li6:n was Hil:l b.. He achieved some notoriety for being among the three men criticized and forgiven in the Qur8:n (9.A (3al:q: 30). 315–16.77 Another Aad. Muslim. Ibr:h. Umayya. 852/1449) identifies as 6Uwaymir. provides no evidence for the termination of the marriage at the end of the li6:n process.76 Further complicating Sahl’s report is the narration of Ibn 6Uyayna from al-Zuhr..A (3al:q: 29). 76 For the unfortunate fellow who found himself in this situation.. is the only report on the authority of Sahl in which the Prophet himself terminated 6Uwaymir’s is not found in the other four collections. ‘separated (farraqa) the couple’. Ab< D:w<d. For al-Zuhr. Y<nus. Ibn Jurayj. For al-Zuhr. 6Ad. While these narrations provide names to this event. that almost certainly relates to this same event. x. Sunan (3al:q: 27).78 Ibn 6Abb:s’ recounting of the story. see al-Bukh:r. For al-Zuhr.’s narration does not mention the triple divorce.. 118) for staying behind in Madina during the raid to T:b<k. Muslim. 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)’. 79 Hil:l was an early convert to Islam who does not appear to have been present at UAud. Sunan (3al:q: 27). see al-D:rim. mentions 62Bim b. 36). Note that Ibn Sa6d does not associate Hil:l with the first li6:n.ths transmitted from Sahl. 6Abd All:h al-Fihr. Ibn Jurayj. al-Awz:6. M:lik. Ab< D:w<d. Ibr:h.342 s co t t c .. Muslim.. l uc as in bed with his wife?’ and 6Uwaymir al-6Ajl:n. whereas al-Awz:6. 4aA. iv.oxfordjournals.. the Aad. 6Iy:@ b. Sunan (3al:q: 27). 78 FatA al-b:r. Sunan (nik:A: 39). see Ibn M:ja. Sa6d and 6Iy:@ b. according to Ab< D:w<d.79 who Downloaded from jis. 4aA. and his anonymous kinsman. 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. like the majority of the Aad.m b. 4aA. Y<nus.

Sunan (3al:q: 27). Ibn Mas6<d.83 critic. Ibn Sa6d.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. he belongs to the Ban< 6Ajl:n.oxfordjournals. al-Tirmidh. 84 al-Tirmidh. SaAm:880 of having committed adultery with his wife without any witnesses. 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. and al-Tirmidh. ManB<r that does not involve Hish:m. his father’s name is 6Abda b. ii. and al-Tirmidh. 295. 81 For more on Hish:m. and Ibn M:ja have as a common link the Basran Hish:m b. Muslim. Ibn Eajar. combines the stories so that 6Uwaymir accuses his fellow tribesman Shar.s ch o l a r s t yl e 343 accused Shar.n Anas. Sa6.81 who claimed to have heard it from 6Ikrima Ibn 6Abb:s and Ibn S. states after Ibn Jubayr’s version of the Ibn 6Umar narration that. and Ab< D:w<d on the authority of Anas b. merely identifies the male imprecator as ‘an AnB:r. iv. the versions in al-Bukh:r. IB:ba. 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. Mugh. and al-Tirmidh.. demonstrates his legal SaAm:8 is Shar.ths. interestingly. 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 Sa6d. Ab< D:w<d. E A D I T H . 85 al-D:rim. ‘the practice of the scholars is in accordance with this Aad. and Ab< D:w<d collect all of the contradictory versions of this story in a single chapter (or book) simply labelled as.85 Al-Bukh:r. 147/764–5 or 148/765–6).ths in his chapter on li6:n that have nothing to do with the story of the first li6:n. Note that the great Basran Aad. 271.84 at Princeton University on July 17. which could refer to either 6Uwaymir or Hil:l. Interestingly. along with the practice of determining paternity on the basis of physiognomy.k’s mother’s name. see Ibn Sa6d. Fabaq:t. Muslim.r. This story is found in the books of al-Bukh:r. cautiously graded Hish:m as ‘reliable (thiqa).¯ D I V O R C E . use the same chapter heading as Muslim and Ab< D:w<d. 83 Another self-identified witness to an act of li6:n. Ibn M:ja includes a couple of additional unique Aad.. Ibn M:ja. but include fewer contradictory reports. ‘What has reached us concerning li6:n’ and leave it for the reader to sort out the legal implications of this knot of Aad. ix. 150. 82 Ab< D:w<d does have a lengthy additional transmission from Ibn 6Abb:s 6Ikrima 6Abb:d b.d al-Qa33:n (d.’.k b.k of commiting adultery with his wife. 198/813).th scholars to adopt certain strategies for dealing with them. (d. M:lik or Ibn 6Abb:s. Ibn M:ja. 2011 . Fabaq:t. al-J:mi6 (3al:q: 22). God willing’. avoid this confusion by only citing narrations that relate to the 6Uwaymir story. like 6Uwaymir. 80 Downloaded from jis. Eass:n al-Qurdus. YaAy: b. Sunan (3al:q: 27).th’..

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

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

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

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

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

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

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

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

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

.. 135 Ibid.. 130 Ibid. 46. ‘some of which are more sound than others’.org at Princeton University on July 17. Downloaded from jis. Ab< D:w<d indicates in the Epistle his familiarity with the (untitled) books of Ibn al-Mub:rak (d. 47. and collected the Aad.oxfordjournals. and the MuBannafs of Eamm:d b.d) in its isn:d.ths in which the Companion link is missing (mursal) with the argument that al-Thawr. Thal:th ras:8il f. (d.. 138 Ibid. presumably from books like those of Wak.130 While this may be true in many or even most cases. 157/774) all relied upon this type of report. D:w<d il: ahl Makka f.. E A D I T H . 137 quoted there. asserts that ‘Ab< D:w<d had [not] gone through the books of al-Thawr.. al-Jarr:A (d. M:lik. 197/ 812). Salama (d. he also says that 600 of these Aad. to back them up’.133 and he also encourages students to supplement their study of his Sunan by copying Companion opinions. he had taken their juridical opinions and collected the Aad.135 that are well known (mashh<r).131 After boasting that his Sunan is the most necessary book for students to learn after the Qur8:n.). 38.6 have few prophetic Aad..ths are mar:s. M:lik. 133 Ibid. 52 and 54.s ch o l a r s t yl e 353 describes the methodology behind his that has a serious defect (wahn shad. 37.. 6ilm muBtalaA (Aleppo: Maktab al-Ma3b<6:t al-Isl:miyya.. after citing Ab< D:w<d’s claim in this epistle to have included the Aad.132 He clarifies his legal methodology in this epistle.136 He is highly critical of reliance upon poorlyattested (ghar. defending the use of Aad. and al-Awz:6. Ab< D:w<d claims to have included approximately 4800 mostly good (B:liA) Aad. 136 Ibid.138 129 The existence of this short work was brought to my attention by Christopher Melchert’s article.b) Aad. 33–4.l. the Muwa33a8 of M:lik. waBf Sunanih in 6Abd al-Fatt:A Ab< Ghudda (ed. Ab< D:w<d provides the number 4800 on pp. 395–6. 46–7. Ab< D:w<d also singles out Sufy:n al-Thawr. 2011 . 1997). and al-Sh:fi6. ‘Traditionist-jurisprudents and the Framing of Islamic Law’. 134 Ibid. 132 Ibid..129 Christopher Melchert. He observes that the books of Ibn al-Mub:rak and Wak.ths that form the basis of the opinions of al-Thawr. 181/797) and Wak. 167/784) and 6Abd al-Razz:q al-4an6:n. 32–3.ths worthy of inclusion is his Sunan and that most of their (prophetic) material is mursal.6 and 6Abd al-Razz:q.134 As for the calibre of the Aad. 131 Ris:lat Ab..6 b.ths in his Sunan.¯ D I V O R C E .’s J:mi6 as being the finest work of its genre.ths137 and claims to have identified in his Sunan any Aad. M:lik. and al-Sh:fi6.

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

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

Qays. al-E:rith and another with al-E:rith b. Ibr:h. 152 Ibn M:ja.. 21. Islamic Law and Society. al-J:mi6 (nik:A: 33).153 Overall.A. Ibn M:ja. 36. and Ab< D:w<d by endeavouring to derive rulings almost exclusively from prophetic Aad. Salama’s ten-wife household. 16. 246/860–1) as saying that the correct form is Qays b. 22.oxfordjournals. al-Tirmidh.ths in Ibn M:ja’s Sunan. He also addresses the three topics pertaining to conversion to Islam that are broached by al-Tirmidh. Lucas.l al-Bukh:r.. While this is not the appropriate place to review his chapters on legal methodology in his 4aA. al-Tirmidh. al-J:mi6 (nik:A: 34).m (al-Dawraq. Sunan (3al:q: 25). Ism:6. and al-Bukh:r. 19. He quotes AAmad b. 151 Ibn M:ja. and Their Relationship to Classical Salafi Islam’.154 al-Bukh:r.. Sunan (nik:A: 40). Ism:6. Ab< D:w<d has one narration with Qays b..’s techniques become apparent from a close reading of his Innam: l-3al:q li-man akhadha bi-l-s:q. thigh]’.152 and Ghayl:n b. Sunan (nik:A: 39). 13/3 (2006): 289–324.151 Qays 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. 2011 .ths found in the 4aA. 30–32.’s marriage to two sisters prior to his conversion to Islam. al-Tirmidh. 6 Ab< 6Abd All:h MuAammad b. At least one weak is found in each of the following chapters of Ibn M:ja’s ‘Book on Divorce’ in his Sunan: 1. Sunan (3al:q: 25).ths of variable degrees of reliability. 27. Ab< D:w<d. 154 For a detailed analysis of this topic. 7. d.. al-E:rith. 17. Al-Bukh:r.. Sunan (3al:q: 31).149 Like so many weak Aad. 150 149 Downloaded from jis. 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. and Ab< D:w<d.. although he has a special penchant for relating material that most major Aad.As of Muslim and al-Bukh:r. Ibn M:ja. ‘The Legal Principles of MuAammad b. critics refrained from including in their books. l uc as The second at Princeton University on July 17. see Scott scholars.. like al-Tirmidh. which revolve around the anecdotes of Fayr<z al-Daylam. al-E:rith’s eight pre-Islamic wives. Sunan (nik:A: 40). 153 Ibn M:ja. 24.356 s co t t c . 11–13.150 these two reports provide decisive answers for specific legal questions and are far removed from the complex narrations of so many of the Aad. Ibn M:ja follows the same basic methodology of al-D:rim.l al-Bukh:r.’s legal hermeneutics represent a sharp departure from those of his contemporary Aad.

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

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

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

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

a woman’s right to leave the house during al-Bukh:r. Wensinck. 179 Ibid. scholars.175 Finally. ‘baghiyyun’. 4aA.. Note that Ibn Eajar declares that this Aad.l:8 regulated by the Qur8:n.A (3al:q: 21. E A D I T H . 4aA. only al-Bukh:r. which he recounts in numerous places throughout his does not actually refer to the . 177 al-Bukh:r.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. 4aA. discuss the least and second-greatest number of legal topics on divorce in their respective 4aA.179 In other words. See A.A (3al:q: 52). J. J.176 It is paradoxical that the two strictest Aad. presumably since it is only for one month rather than the fourmonth .ths addressing the seven (or. I may have unintentionally inflated the number of divorce topics covered by al-Bukh:r. Concordance et Indices de la Tradition Musulmane (Leiden: E.ths in which the dower for adultery and prostitution is unambiguously prohibited with al-Easan al-BaBr. such as divorce prior to consummation.l:8 to the story of the Prophet falling off of his horse and breaking his leg. Brill. 178 Ibid.¯ D I V O R C E . 2011 .A (3al:q: 3). Ab< D:w<d.As. 175 al-Bukh:r. but they are not linked in any manner to the topic of the invalid marriage that results in an automatic divorce.177 divorce by pointing. eight) categories of divorce initially appears in Bal:t: 18).. i. is unique in linking the oath of . 204.A (3al:q: 51).. Ab< D:w<d.l:8 ‘the jurists discuss’. he actually covers only 23 topics that his fellow Aad. since he alone among his contemporaries addresses eight topics.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). appears to distinguish between the dower in the case of adultery or prostitution (baght) and an invalid marriage (nik:A f:sid). and al-Tirmidh.’s willingness to use post-prophetic material and ‘comparison’. Ibn M:ja includes a variant of this story. Muslim.. this Aad. These Aad. 4aA.’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. Sunan (3al:q: 18). 174 al-Bukh:r.A (3al:q: 10).ths are found in the books of al-D:rim. and he is silent on the topics of child custody.. 8 vols.173 Al-Bukh:r. 1936)..oxfordjournals. 176 al-Bukh:r. 173 Downloaded from jis.. However. as well as his vast collection of Aad. largely on the basis of juxtaposing three prophetic Aad.ths.. enabled him to transcend the limits dictated by purely sound Aad.A (3al:q: 24)..A. (3al:q: 43).178 and the ruling that women are not allowed to conceal that they are pregnant at the time of divorce. 4aA. Muslim and al-Bukh:r. scholars at Princeton University on July 17. counting conversion. books in order to evaluate the range of topics each Aad. 180 Downloaded from jis. l uc as the daylight hours of her waiting period. or the consequences of the husband’s expression. Two discoveries initially emerged from this analysis.362 s co t t c .th scholars of the third/ninth century in order to learn more about their compilers’ methods of jurisprudence. All of these topics can be found in the early fiqh books. The first was the surprising fact that only six legal topics were covered by all of the Aad. These topics seemed highly random and each one appeared to derive from a tangled web of narrations For example. It is also possible that I undercounted al-Bukh:r.’ actually covers numerous topics. several of which are unaddressed in the other five books under consideration.ths and the legal opinions of most of the eponyms of the Sunni schools of law. in consultation with the early proto-madhhab law books of the third/ninth century and Susan Spectorsky’s Chapters on Marriage and Divorce. ‘I don’t have a wife’. Despite the common allegiance to and profound knowledge of Aad. Aad.oxfordjournals. shies away from both sub-par Aad. 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. and al-Tirmidh. and whether a man with ten wives must divorce six of them upon his conversion. and early postprophetic authorities. I assembled a list of 45 legal topics that I derived from the six Aad. intoxicated. Ab< D:w<d.. 2011 . none of the other five books addresses the topics of divorce while scholar addressed. several factors made a comparison of their books complicated. as well as its compiler’s creative utility of narrations that bear little explicit relationship to the legal topic under discussion. al-Bukh:r. CONCLUSIONS This project began as a simple comparative exercise between the books of six famous Aad. the validity of divorce uttered in a language other than Arabic. a task facilitated by the modern editors of these books. Finally. insane.. his 4aA.ths. the validity of conditional divorces.A is distinguished by its diversity of topics.180 Even though scholars under examination.ths among al-D:rim. Ibn M:ja.’s breadth of legal topics. Then I had to track down topics related to divorce found outside of the six scholars’ ‘Books on Divorce’.. etc. under compulsion. since his ‘Chapter on divorce while at Princeton University on July 17.

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

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

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

3) (AD:4) (T:1) (D:4) (B:4.. al-J:mi6 al-4aA..’s ‘Book on Marriage’ would read (T: nik:A: 5). 43.7. Abbreviations: D: al-D:rim. 9–32. 40.37) (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’. Nik:A: 54 Fal:q: 1–8.oxfordjournals..2) (M:1) (IM:2.33. l uc as APPENDIX Table 1: Chapters on Divorce Used in this Study Book Sunan al-D:rim. Nik:A: 17. Nik:A: 32. IM: Ibn M:ja. 36. AD: Ab< D:w<d.35.A Muslim Sunan Ibn M:ja Sunan Ab.A 4aA.A Divorce chapters Fal:q: 1–11. Buy<6: 4. M: at Princeton University on July 17. 34. 191 190 . AAk:m: 21 Total(172) 16 47 12 37 36 24 Downloaded from jis. Li6:n190 Fal:q: 1–7. 32–45. 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:15.37–41. 14–17.49 Fal:q: 1–11. B: al-Bukh:r. 6Itq: 2. just the chapter number is provided. D:w<d al-Tirmidh. If the indicated chapter is found in the ‘Book on Divorce’.16) (AD:8) (T:15) (D:1) (B:1.366 s co t t c . 60.51–53.47. Nik:A: 27.13–15. that book’s title will be included in the citation. al-J:mi6 al-4aA..19–22. If it is in any other book. Nik:A: 39 Fal:q: 1–17. so the fifth chapter of al-Tirmidh. 39.19–30.. AAk:m: 22 Fal:q: 2–29. T: al-Tirmidh. al-Bukh:r.

E A D I T H . 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) .5) divorce (AD:5. 38) Words other than 3al:q that can cause divorce (B:6) (IM:18. 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. 40) (T:5) (D:11) (B:39) (M:8) (IM: 6.s ch o l a r s t yl e 367 8 If a man does not inform anyone about his divorce.7) (AD:47) (T:17) (D:14) (M:7) (IM:9) (AD:41) Downloaded from jis.19) (AD:11) A divorce issued in jest counts (IM:13) (AD:9) (T:9) Implications of calling one’s wife ‘unlawful’ (B:7.45) ( at Princeton University on July 17.32) (AD:6) (T:7) (D:16) (IM:aAk:m:22) (AD:26.¯ D I V O R C E .oxfordjournals.35) (T:aAk:m:21) Taking one’s wife back after a revocable (D:2) (B:44.8) (M:3) (IM:28) (Aar:m) Implications of referring to one’s wife as (B:10) (AD:16) ‘my sister’.42) (M:6) (IM: 10) (AD:39. 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.

20) (B:21) (M:5) (IM:24) (T:21) (B:19.r 37 at Princeton University on July 17. 32–36) (M:li6:n) (IM:27) (AD:27–29) (T:22) (D:9) (B:23) (IM:25–6) (AD:17) (T:19.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:12.24) (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 .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. 2011 (D:nik:A:39) (B:25–30.20) (IM: nik:A:60) (AD:23. 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.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 .r does not count as a divorce if the woman chooses her husband 38 A manumitted married slave woman has the right to takhy.13) (IM:22) (AD:18) (T:10) (D:6) (IM:21) (AD:18) (T:11) (IM:23) (AD:18) (T:10) (D:5) (B:5) (M:4.oxfordjournals.368 s co t t c .

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