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.

and MuAammad al-Shayb:n. although these books also explore the effects on the marriage bond of conversion to and apostasy from Islam. states that the li6:n procedure does not result in the dissolution of the couple unless the q:@. The female-initiated divorce (khul6). Shayba.ths with isn:ds pertaining to divorce are found in M:lik’s Muwa33a8 and only three are present in al-Shayb:n. 264/878) decision to divide the divorce-related topics in his MukhtaBar into the ‘Book on Female-initiated divorce’. 2. fall into these seven categories. Chapters.) 21 Spectorsky. 2001). If he does so. Aisha Bewley (Inverness. 242–3.21 This framework works very well with most of the early fiqh books that have survived. 49. separates them. 2004). it is no sin for either of them if the woman ransoms herself’. and ‘Book on Waiting Periods’. .¯ D I V O R C E . 33.’s recension of M:lik’s Muwa33a8 has at least two chapters on all seven of these categories.25 Downloaded from jis.24 Finally. 24 While Spectorsky does not count the effects of conversion and apostasy among the seven major divorce topics. and devotes special attention to a dizzying array of divorce statements. E A D I T H . Qur8:n 2. 52–9. The waiting period (6idda). 191–243. 1986). allowed the couple to remarry after the li6:n procedure. discusses at some length takhy. along with SaAn<n’s Mudawwana. The text also reports that al-Shayb:n. 25 Note that al-Muzan. 228.. 4. 242–72.A. ‘Book on Gih:r’. with the exception of mutual imprecation.’s book.r. 59.S. YaAy: al-Layth. al-Muzan. ibid.23 Most of the chapters on divorce in the aforementioned MuBannafs of 6Abd al-Razz:q and Ibn Ab. 22 M:lik b. (All Qur8:nic citations in this article are from M. 2004). Chapters. Qur8:n 2. al-Shayb:n. Near the end of this section. 221–43. 23 MuAammad al-Shayb:n. transl. .r. covers all of them except the Cih:r oath. The Muwatta of Imam Muhammad. al-Muwatta of Imam Malik ibn Anas: The First Formulation of Islamic Law. while the recension of al-Shayb:n. indicates the significance of these categories in his vision of Islamic law. ‘Various other topics’. ma6a sharAih al-N:fi6 al-kab. 234 (widow).’s recension. 50–2.s ch o l a r s t yl e 329 6.r (Beirut: 62lam al-Kutub.20 7. . transl. ‘ .’s (d. ‘Book on Divorce’ (3al:q). 65. al-J:mi6 al-Bagh. Chapters.. 2011 20 Spectorsky. 229. Note that only five prophetic Aad. Mohammed Abdurrahman and Abdassamad Clarke (London: Turath Publishing. covers all of these categories in some depth.22 at Princeton University on July 17. Anas.oxfordjournals. this counts as a single divorce in which the husband does not have the right to take back his wife during her waiting period.r and the oath of sexual abstinence in the ‘Book on Divorce’ and mutual imprecation in the ‘Book on Gih:r’. Abdel Haleem’s The Qur8:n: A New Translation (Oxford. al-J:mi6 al-Bagh. she mentions them under her subheading. Scotland: Madina Press. Spectorsky. whereas Ab< Y<suf denied such a possibility.

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

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

A (3al:q: 4.36 divorced his wife triply and she al-Tirmidh. 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.. Ibn M:ja.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. 33 Ibn M:ja.A (3al:q: 2). They also all agreed that the divorce counted.. but complicates matters in the following chapter by recounting a variant version in which the Prophet merely says to 6Umar. 204/820) and Ibn Eanbal. 1978). He also records the disagreement over the sunna divorce of a pregnant woman. 4aA. ‘Tell (Ibn 6Umar) to take her back and then divorce her when she is free from menstruation or pregnant’. 4aA.. al-J:mi6 (3al:q: 1). versus the opinion of Sufy:n al-Thawr. MuAammad 6Umar.34 What the Aad. Sunan (3al:q: 4). Muslim. 4aA. like scholars understood this Aad. and the opinion that he must wait until after one additional period of menstruation prior to divorcing her again.z al-BaA:ba.. (d. Ab< D:w< as a limit upon the husband’s unfettered right to divorce. 34 al-Bukh:r. nor Ab< D:w<d offers a precise definition of the sunna divorce. 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. al-IB:ba f. (d. or. Rif:6a (b. from a separate statement attributed to Ibn 6Umar himself. Sunan (3al:q: 49). 518. 2011 . 36 Nothing appears to be known about Rif:6a beyond this Aad.. (Beirut: D:r al-Fikr. 3). tamy. 11 vols. 2 The Marriage that allows a terminally divorced couple to remarry: The story of Rif:6a al-QuraC. Sam<8al) al-QuraC. 35 al-D:rim. Sunan (3al:q: 2.A (nik:A: 17). al-J:mi6 (nik:A: 27). al-Tirmidh.. 6Al. Sunan (nik:A: 32)..oxfordjournals. 4 vols. Ibn Eajar.r ( at Princeton University on July 17. l uc as between the jurists. 32 Downloaded from jis. i. 2001). 7.32 Neither al-D:rim. Kit:b al-Fabaq:t al-kab..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. and they relate Aad. al-Bukh:r.. either on the basis of the preponderance of reports. Cairo: Maktabat al-Kh:nj. in the case of al-Bukh:r. 395.’s unsatisfied ex-wife35 The second topic relies upon the only story possessing a touch of sexual humour. Ibn Sa6d. 37). who are of the opinion that the sunna divorce encompasses a triple divorce in one setting. Nowhere does the Qur8:n indicate that a man cannot divorce his wife while she is menstruating and all six Aad.332 s co t t c .th scholars collectively demonstrate is that Ibn 6Umar’s story spread rapidly among his Umayyad-era students and that the two inconsistencies among its multiple transmissions did not seriously affect its impact on Muslim jurisprudence.

she had ‘tasted his sweet honey’. 38 al-Bukh:r. al-Zubayr al-QuraC.d. Muslim.. al-Zubayr. reports in the ‘Book on Marriage’ that this is the practice of the general mass of Companions and subsequent scholars. Rif:6a’s ex-wife. 230. x. al-J:mi6 (nik:A: 27). Sunan (3al:q: 10). Sunan (3al:q: 39.d overheard the conversation outside the door of the Prophet’s residence. Ab< D:w< 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). l: Aatt: yadh<qa 6usaylatah: kam: dh:qa l-awwal.39 Theoretically.s ch o l a r s t yl e 333 subsequently married 6Abd al-RaAm:n b. went to the Prophet and. 40). 4aA. Ab< Bakr was with the Prophet and Kh:lid b. in some versions.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. Sunan (3al:q: 10). Note that Ibn M:ja also uses this Aad. il: Rif:6a? l: Aatt: yadh<qa 6usaylataki wa-tadh<q..n an tarji6. In addition to casting an embarrassing light upon the anatomy of a certain 6Abd al-RaAm:n b. 6usaylatahu.ths. x. complained that her new husband’s manhood was akin to an eyelash or thread (hudba). 2011 . ‘Can you believe what was said out loud in the Messenger of God’s presence!’ Sunan al-D:rim..ths In the version from 628isha 6Urwa al-Zuhr. 7 (3al:q: 4). ii.. has the longer version as. 4aA. al-J:mi6 (3al:q: 5). before 60/679) divorce has produced the most conflicted interpretations of any of the Aad. in several versions.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’ ( at Princeton University on July 17.38 The story ends abruptly with this euphemistic prophetic statement. 39 Qur8:n 2. whose name is never mentioned in the Aad. 40 al-Tirmidh. al-Tirmidh. 37 Downloaded from jis.. 3 (nik:A: 17). since the verb 3allaqa is employed in this manner in Qur8:n 2. Kh:lid remarked with astonishment.¯ D I V O R C E .A (3al:q: 6).A Muslim. 236–7. 455 (3al:q: 4). 41 al-D:rim. a woman could be divorced prior to consummation. Sa6. the story of Rif:6a’s ex-wife clarified the meaning of the Qur8:nic verse that requires the woman who has been divorced three times to marry another man and be divorced by him prior to remarrying her original husband. Ibn M:ja. al-Bukhari. 4aA. E A D I T H .. and the shorter one as just.A (3al:q: 41. 42). This memorable prophetic locution cemented the requirement of consummation with the new husband prior to the remarriage with the original one and al-Tirmidh. FatA al-b:r. la6allaki tur.oxfordjournals.

5 vols. dissertation.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. i. in some that probably goes back to F:3ima herself. ‘The Role of the Qur8:n and Ead. Princeton University.44 and the Kufan al-Sha6b. ordered her to spend her waiting period in the house of the blind Emigrant Ibn Umm Makt<m. Zayd after her waiting period instead of her two suitors. ‘The Rights of a Divorced Woman’. ‘Shifting Fortunes: Women and Ead. and. The Origins of Islamic Law. 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. offers 107/725–6 and 104/722–3. Mu6:wiya b. Tadhkirat al-Auff:C (Beirut: D:r al-Kutub books contain Companion reports that 6Umar and/or 628isha (d. Bulletin of the School of Oriental and African Studies.d b. EafB. to which he purportedly replied that she was entitled to neither maintenance nor lodging. the Aad. 436–7. all claim to transmit the Prophet’s verdict from F:3ima herself. Harald Motzki. 2005). Ab. Sufy:n and Ab< Jahm.334 s co t t c . al-Eakam (d. 46 There exists great uncertainty over his precise death date.). 6Abd All:h b. 6Ubayd All:h b. 88–91 and 176–88. 44 His full name is Ab< Bakr b. l uc as under discussion. F:3ima informed the Prophet of this situation. Katz (Leiden: Brill. Jahm al-6Adaw. Hawting. 65/685) inquired into F:3ima’s case during his governorship of Madina and that the Prophet encouraged her to marry Us:ma b. Ab. i. In fact. Harald Motzki argues that this is an early Aad. R. 45. all six Aad. by Marion H.D. 58/678) rejected vehemently the interpretation of F:3ima’s prophetic citation as a universal Transmission in Islamic History’ (Unpublished Ph. 2002). However. 6Abd All:h b. al-Dhahab. transl. 6Utba. Jahm al-6Adaw. 70. divorced her irrevocably (triply) from afar and refused to provide her with either lodging (sukn:) or maintenance (nafaqa) during her waiting at Princeton University on July 17. Yas:r (d. see Hawting. 2011 This Aad. 158–67. 107/725–6) 46 are Downloaded from jis. identified in some narrations as Ab< 6Amr b.. Tadhkira. See also Asma Sayeed.oxfordjournals. al-Musayyab45 and Sulaym:n b. and Marw:n and the Madinan Successors Sa6. 6Abd in the Legal Controversy about the Rights of a Divorced Woman during her ‘Waiting Period’ (6idda)’. pace Joseph Schacht. A few transmissions of this story include the additional details that Marw:n has been studied by G..ths from the Madinans Ab< Salama b. 43 For a very similar description and additional references. 45 al-Dhabab. Ab. 52 (1989): 430–45.42 The basic story is that F:3ima’s husband. and Ab< Bakr b. 42 .

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

603 (3al:q: 41. Ibn M:ja. nor 6Umar’s criticism. 1) 628isha tells Marw:n that ‘You will not be harmed for refraining from mentioning the statement (Aad. Downloaded from jis. relates reports in which.A (3al:q: 6). can be derived from the title of the forty-second chapter of his 4aA. provide clear evidence of their preferred positions on this topic. al-Bukh:r. 55 Ibid..-maskan zawjih: an yuqtaAama 6alayh: aw tabdhuwa 6al: ahlih: bi-f:Aisha. Al-Bukh:r. l uc as Interestingly. ‘The triply divorced woman does not 52 al-D:rim.52 Al-Bukh:r. Neither Ab< D:w<d nor al-Tirmidh. in the end.A. al-Zubayr after he mentioned F:3ima. and Muslim expresses his own opinion in the chapter title. 5) 6Urwa’s observation that 628isha rejected F:3ima’s claim that the Prophet allowed her to relocate during her waiting period. Sunan (3al:q: 10). Muslim. In the showdown between F:3ima’s prophetic Aad. scholars under consideration. cites neither F:3ima’s Aad. Both Muslim and Ab< D:w<d relay a wide array of variants of F:3ima’s prophetic Aad.. champions the second one. while al-Tirmidh. ‘F:3ima was in an insecure place. opinion. refuses to take sides and merely relates the three positions adopted by a handful of his illustrious predecessors. 2011 . al-D:rim. 42). is the only Aad.55 The story of F:3ima bint Qays and its ensuing controversy provide a useful window into the legal hermeneutics of the six’.th) of F:3ima’. 2) 628isha says. Ab< D:w<d refuses to adopt a transparent position. al-mu3allaqa idh: khushiya 6alayh: f.. although Ab< D:w<d does not provide any evidence in support of the hybrid M:lik/al-Layth/ al-Sh:fi6.. and instead elevates 628isha’s opinion to the highest authority on this issue. FatA along with the criticisms of 6Umar and 628isha. .th in which F:3ima actually utters the prophetic decision that denies her lodging or scholar under consideration who refuses to include a single Aad. 598. al-D:rim. he cites Qur8:n 65. 4aA. . even though she did not claim to be basing her opinion overtly on a prophetic teaching. 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’. and the Prophet made a special exception for her to move out of fear of her initial location’.org at Princeton University on July 17. al-Bukh:r. Sunan (3al:q: 10). ‘She receives no merit from mentioning this statement (Aad. 4) 628isha says to 6Urwa. x. 1 and 65.336 s co t t c .54 Al-Bukh:r. and Muslim adopts the third one. 53 ‘House the wives you are divorcing . ‘What is F:3ima’s problem? Do you not fear God?’ and 3) 628isha says to 6Urwa b. 4aA. and Ibn M:ja support the first position outlined by al-Tirmidh.’s own opinion.53 along with five very different versions of 628isha’s rejection of the implications of F:3ima’s and the critical remarks of 6Umar and 628isha. rather. and Ibn M:ja side with F:3ima. ’ 54 al-Bukh:r. 42).A (3al:q: 41. but. Ibn Eajar.

al-J:mi6 (3al:q: 17).s ch o l a r s t yl e 337 receive maintenance’. her opinion. Ibn at Princeton University on July 17. 4aA. 4aA. and that four of them even adopted precise positions on the topic of the triply-divorced woman’s rights during her waiting period. 11th imp. Ibn M:ja. Ab< D:w<d.60 This story resolves the question as to whether the Qur8:nic verse (65.A Muslim. Sunan (3al:q: 47). Sunan (3al:q: 7).. Ba6kak. although he mentions that some scholars date it to 59/678–9. al-J:mi6 (3al:q: 17). Sunan (3al:q: 11). Ab< D:w<d. 6Abd al-RaAm:n (d.A Muslim. Khawla. 234. 4aA. 2001).A (3al:q: 8). 58 Her deceased husband’s name was Sa6d b.. iii. Another version involving one Ab< al-San:bil b. 4aA. 80 (3al:q: 6). 94/712–3 or 104/722–3). Subay6a told Umm Salama that the Prophet ordered her to get married immediately. al-D:rim.A (3al:q: 39).. 28 vols. 68/687–8). Sunan (3al:q: 47). 93. three months.. 499. 60 This version is found in Sunan al-D:rim.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. and al-Tirmidh. and Ab< Hurayra (d.’s narrations as her suitor.oxfordjournals. al-Bukh:r. al-IB:ba. 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-Tirmidh. E A D I T H . (3al:q: 11). al-J:mi6 al-BaA. 4aA. makes no mention of the legal dispute and is found in al-D:rim. ii..A (3al:q: 39). Siyar a6l:m al-nubal:8.59 one of the Prophet’s widows.. 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. Ab< Salama b. 4aA. iv.A (3al:q: 8).. Ibn Eajar. Muslim. 324.¯ D I V O R C E . 2011 . 59 The death date of 61/680–1 is favoured by al-Dhahab.. or whether the widow is required to observe the full four months and ten days prescribed in Qur8:n 2.. x. 61/680–1). Sunan (3al:q: 7). since her waiting period had ended. the tale of Subay6a bint al-E:rith al-Aslamiyya58 provided a solution to a problem upon which Muslim jurists ultimately achieved consensus. 57 56 Downloaded from jis. al-Bukh:r.A. 11–2. One version of the story begins with a debate between Ibn 6Abb:s (d.. 6) declaring that a woman’s waiting period lasts until childbirth can shorten the prescribed waiting period of three courses. Muslim. 210. Sunan. Ab< Hurayra took the initiative to ask Umm Salama (d. who happened to give birth a short time after the death of her husband.. ii. x. (Beirut: Mu8assasat al-Ris:la. and she in turn related to him the story of Subay6a. Ibn Eajar does not indicate Subay6a’s death date. al-Tirmidh. identified by one of al-Bukh:r.

al-J:mi6 al-BaA.A (3al:q: 5).338 s co t t c . Ibn al-Mundhir (d.A.. in which a husband grants his wife (or wives) the choice (khiy:r) to either maintain or sever al-Tirmidh. Sunan (3al:q: 12). at Princeton University on July 17. or whether it can only extend the woman’s waiting period. al-Ishr:f 6al: madh:hib ahl al-6ilm. and Ibn Eanbal.62 In short. Sunan (3al:q: 5). l uc as or four months and ten days. and Ibn 6Abb:s. the common background story for takhy. al-Sh:fi6.. Muslim. extended the Prophet’s ruling to the divorce waiting period as well. 1993). either overtly through their choice of chapter headings. Sunan (3al:q: 6).r.A (3al:q: 4.61 Although technically this story addresses the widow’s waiting period. thus denying him the opportunity to take her back during her waiting period..-6iddat al-A:mil al-mutawaff: 6anh: zawjuh: wa-l-mu3allaqa (3al:q: 11). The concept of takhy.r is largely unspoken in the numerous transmissions from 628isha found in the Aad. 4aA. Ibn al-Mundhir. (Beirut: D:r al-Fikr. al-Bukh:r. b:b f. 62 For example. Ibn M:ja uses a unique Aad. 5 The story of 628isha’s choice63 Unlike the previous four legal scholars. or through their comments in the chapter. 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. Ab< D:w<d. Kit:b al-Fabaq:t al-kab. all of our Aad. al-D:rim.’s chapter heading is. 318/930) attributes the position that a woman’s waiting period should be the longer of the two durations to 6Al. al-J:mi6 (3al:q: 4). with the exception of Ibn M:ja... not only reports that it is the opinion of ‘most of the scholarly Companions’. Even though the story is transmitted from Subay6a through six different authorities in multiple formats. into offering her a single divorce just moments prior to her giving birth. b:b inqi@:8 6iddat al-mutawaff: 6anh: zawjuh: wa-ghayrih: bi-wa@6 al-Aaml (3al:q: 8).r. 218–20. The isn:d has a lacuna (munqa3i6). Sunan (3al:q: 20). 61 Downloaded from books. i. although this story is also found in Umm Kulthum’s entry in Ibn Sa6d. 257. all of the Aad. and Muslim’s reads. as al-Tirmidh. 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. along with al-Thawr. 63 al-D:rim. 3 vols. 498–9. Ibn M:ja. al-Zubayr b. 2011 . al-Tirmidh. x. the story of Subay6a provided Aad. 4aA.. 5).th concerning Umm Kulthum bint 6Uqba’s act of tricking her husband.oxfordjournals. This consensus as to the Prophet’s command is also shared by the jurists.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.

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

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

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

iv. Sunan (3al:q: 27). D:w<d. 4aA. For al-Zuhr. Y<nus. Y<nus. 6Ad. 852/1449) identifies as 6Uwaymir. 578 (3al:q:’s narration does not mention the triple divorce. transmitted from Ibn 6Abb:s. 4aA. see al-D:rim. For al-Zuhr.. 315–16. that almost certainly relates to this same event. Ibn Jurayj. see al-D:rim. Sa6d and 6Iy:@ b. ibid. 79 Hil:l was an early convert to Islam who does not appear to have been present at UAud. al-Bukh:r. While these narrations provide names to this event. 36). Ab< D:w<d. This Aad.A (li6:n). 77 Literally. and his anonymous kinsman.ths of M:lik. For al-Zuhr.. This already tangled web of narrations is further complicated by reports that the first man to perform li6:n was Hil:l b. Muslim. Sunan (3al:q: 27). Sunan (3al:q: 27).342 s co t t c . M:lik. Muslim.A (3al:q: 29). 294–5.m b.ths transmitted from Sahl. The only scholar under examination not to include Sahl’s story is al-Tirmidh. is the only report on the authority of Sahl in which the Prophet himself terminated 6Uwaymir’s marriage.79 who Downloaded from jis. 4aA. 76 For al-Zuhr. Ab< D:w<d’s comment is found following Ibn 6Uyayna’s narration in Sunan Ab.. which. according to Ab< D:w< is not found in the other four collections. Ibr:h. and instead narrates that the li6:n occurred after the wife gave birth and the Prophet saw that the infant bore a strong resemblance to the man who was accused of adultery. see Muslim.A (li6:n).th. 4aA. see al-Bukh:r. iv. Sa6d. Sunan (nik:A: 39). 78 FatA al-b:r. Ibn Sa6d.A (li6:n). Sunan (3al:q: 27). For al-Zuhr. whom Ibn Eajar (d. He achieved some notoriety for being among the three men criticized and forgiven in the Qur8:n (9.76 Further complicating Sahl’s report is the narration of Ibn 6Uyayna from at Princeton University on July 17. see Ab< D:w<d. Ab< D:w<d.77 Another Aad. Note that Ibn Sa6d does not associate Hil:l with the first li6:n. 6Iy:@ b. see Ibn M:ja. mentions 62Bim b... 6Abd All:h. 6Abd All:h al-Fihr.A (3al:q: 30). For al-Zuhr. 2011 Nothing much appears to be known about him outside of this Aad. from al-Zuhr.A (li6:n). l uc as in bed with his wife?’ and 6Uwaymir al-6Ajl:n.. 4aA. al-Awz:6. whereas al-Awz:6.. 569.78 Ibn 6Abb:s’ recounting of the story.m b.75 the unfortunate fellow who found himself in this situation.oxfordjournals. ‘separated (farraqa) the couple’. who is also one of the candidates for whom the li6:n verses were revealed. Ibr:h. 118) for staying behind in Madina during the raid to T:b<k.. the Aad. other than that he was present at UAud. 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)’. x. 4aA. Umayya. like the majority of the Aad. Fabaq:t. Ibn Jurayj. provides no evidence for the termination of the marriage at the end of the li6:n process. 75 . Muslim. ii.475 (3al:q: 27). Sunan (nik:A: 39).

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

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

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

I assume that the fact Muslim does not declare the triple divorce to be unlawful means that he at least tacitly approves its practice. Sunan (3al:q: 15). Ab< D:w<d. scholars under consideration.93 Muslim merely labels this chapter ‘the triple divorce’ without comment. v. al-Bukh:r. which all of the Aad. Sunan (3al:q: 24). Sunan (3al:q: 41). a report which al-D:rim. Sunan (3al:q: 9). 6Abd All:h (d.. and Ab< D:w<d also employ in support of this position. 2nd edn. links the ‘month-long . 57–60.95 He relates a single narration of a Aad.A (3al:q: 7).ra.. use to demonstrate the right of the married slave woman to chose whether to remain married to her husband or divorce him at the time she gains her freedom. 4aA. 4aA. Note that al-Tirmidh. In addition to this Aad. Ibn al-D:rim.. 4aA. Al-Bukh:r... Muslim presents the widely reported Aad.A (3al:q: 5). This Aad. al-J:mi6 (al-wal:8 wa-l-hiba: 1). Ibn Taymiyya (Cairo: D:r al-Fikr since the only version narrated by these four scholars contains the isn:d J:bir Ab< l-Zubayr.. 229. relates a highly abbreviated narration of is also found in Ab< D:w<d.. probably did not include this Aad. Siyar a6l:m al-nubal:8.d. and qiy:s.A (3al:q: 2). 94 Muslim.-l-Isl:m (Cairo: D:r al-Fib:6a al-Qawmiyya. Ibn M:ja. 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. and. 2011 See MuAammad Ab< Zahr:. 95 Muslim.l:8’ to a separate incident in the Prophet’s life involving a broken leg.A (3al:q: 15–17).oxfordjournals. 96 Muslim.. al-Bukh:r. 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.. Ibn M:ja also reports that the Prophet performed a one-month . their reading of Qur8:n 2. 4aA. (along with Ab< Zur6a and Ab< E:tim) considered Ab< l-Zubayr to be nonauthoritative (l: yuAtajju bi-hi).org at Princeton University on July 17. as we shall see below. in which J:bir b.97 Downloaded from jis. al-D:rim. 4aA.A (3al:q: 21).). 420–1.ra’s story that does not mention her right to chose to end her marriage. NiC:m al-3al:q f. according to al-Dhahab. Sunan (3al:q: 19–22).l:8 after only 29 days. 43 (references). Ibn M:ja. 4 and clarifies that the Prophet ended his month-long . Al-Bukh:r. 1969).th (described below). l uc as (1892–1958) would seize upon as evidence in their opposition to the triple divorce. Ibn Taymiyya and AAmad Sh:kir also relied upon a version of the Ruk:na Aad. save al-Tirmidh. AAmad Sh:kir.. Sunan (3al:q: 29). Sunan (3al:q: 10). and Ab< D:w<d. instead of the expected 30-day month.l:8 that was only twenty-nine days.A (6itq: 2).th about 628isha’s act of manumitting Bar.96 Finally.94 Muslim touches briefly upon three additional topics. 93 . 97 Muslim. 381.346 s co t t c . Sunan (3al:q: 14). n.

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

107 Ayyum: imra8a sa8alat zawjah: 3al:qan f. ‘Take from her what you wish. 501 (3al:q: 12). all use to discourage this practice.. see Ibn Eajar.A (3al:q: 12. This Aad. Sunan (3al:q: 21). Sunan (3al:q: 38). 98/717 or 106/724). This report is also cited by Ibn M:ja..348 s co t t c . 106 Ibid. 105 104 Downloaded from jis. 110 al-Bukh:r. Bulletin of the School of Oriental and African Studies. and al-Tirmidh. Sunan (3al:q: 6). at 118.105 He also recounts the lengthy story of Salama al-Bay:@. ‘Any woman who asks her non-abusive husband for a divorce will be forbidden from [enjoying] the scent of Paradise’.org at Princeton University on July 17. and set her free’.oxfordjournals. Sunan (3al:q: 21–3). Sunan (3al:q: 18). covers these additional legal topics through a mixture of sound and weak transmissions of prophetic Aad. al-Tirmidh..’s version adds the twist that Th:bit was initially angry with bint Sal<l (3al:q: 22). Sunan (3al:q: 17). Ibn 6Abd al-Barr observes that the Basrans call her is mentioned in Gerald Hawting. and then Jam. nor Th:bit’.th books under consideration. Sunan (3al:q: 1) and Ab< D:w<d.. Ibid. al-J:mi6 (3al:q: 10). which Ibn M:ja. Ibn M:ja..ths. Eab. a report which possibly indicates the desirability of taking back one’s wife during her 6idda.109 While the gist of this core khul6 story is found in all of the bint Sahl. is that the Prophet divorced EafBa and took her back during her waiting period. and the narrator of the Aad. Sunan (3al:q: 7). al-D:rim..’s act of breaking the Cih:r oath during Rama@:n106 and the Prophet’s purported statement bint Ubayy while the Madinans call her Eab. ‘I have everything he has given me right here’. Ab< D:w<d. ‘An Ascetic Vow or an Unseemly Oath?: . 2011 . al-J:mi6 (3al:q: 11).110 al-D:rim. FatA Ab< D:w<d. Ibn M:ja includes unique narrations in which her name appears as Eab. Ibn Eajar’s solution is that these are two discrete stories and that followed suit at a later first performed the khul6 divorce on Th:bit.108 Al-D:rim.104 and the rules concerning the divorce of a slave girl.l:8 and Cih:r in Muslim Law’. 13). except for Muslim’s 4aA. Sunan (3al:q: 18). For example. Ab< D:w<d. 6Amra bint 6Abd al-RaAm:n (d. Furthermore. Qays as Jam. Upon Th:bit’s arrival. x. Sunan (3al:q: 2). ‘Neither me.107 The final subject introduced by al-D:rim. the Prophet said. Sunan (3al:q: 9). he introduces the topic of the female-initiated divorce through the widely transmitted story of Eab. al-Tirmidh. one morning. met the Prophet outdoors and said.A. reports that Th:bit took a portion of what he had given her and then Eab. 113– and a second one as Bint 6Abd All:h b. Ubayy. 109 al-D:rim.’s transmissions identifies the wife of Th:bit b. 58/1 (1994). Ibn M:ja.. 108 al-D:rim. bint Sahl and bint Sahl who. Note that one of al-Bukh:r. l uc as settled into her father’s home. Sunan (3al:q: 16).ba because she told him that the Ibid.-ghayr ba8s fa-Aar:m 6alayh: r:8iAat al-janna.

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

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

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

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

ths that form the basis of the opinions of al-Thawr. 1997) to back them up’. 38. D:w<d il: ahl Makka f.. ‘Traditionist-jurisprudents and the Framing of Islamic Law’.. 157/774) all relied upon this type of report.. 181/797) and Wak.136 He is highly critical of reliance upon poorlyattested (ghar. 133 Ibid. and al-Sh:fi6. Ab< D:w<d also singles out Sufy:n al-Thawr.ths worthy of inclusion is his Sunan and that most of their (prophetic) material is mursal..ths.6 b.132 He clarifies his legal methodology in this epistle. 395–6. Ab< D:w<d indicates in the Epistle his familiarity with the (untitled) books of Ibn al-Mub:rak (d.130 While this may be true in many or even most cases. waBf Sunanih in 6Abd al-Fatt:A Ab< Ghudda (ed.d) in its isn:d. 197/ 812).129 Christopher Melchert. defending the use of Aad. asserts that ‘Ab< D:w<d had [not] gone through the books of al-Thawr.).6 and 6Abd al-Razz:q.6 have few prophetic Aad. 33–4. and al-Sh:fi6. presumably from books like those of Wak.ths137 and claims to have identified in his Sunan any Aad. al-Jarr:A (d. Salama (d. 134 Ibid.. 46. Ab< D:w<d provides the number 4800 on pp. M:lik.s ch o l a r s t yl e 353 describes the methodology behind his Sunan. he also says that 600 of these Aad. 167/784) and 6Abd al-Razz:q al-4an6:n.¯ D I V O R C E at Princeton University on July that has a serious defect (wahn shad. M:lik. 136 Ibid. 131 Ris:lat Ab. Downloaded from jis. and al-Awz:6.ths in his Sunan.. 52 and 54. 47. rather.ths in which the Companion link is missing (mursal) with the argument that al-Thawr. E A D I T H .134 As for the calibre of the Aad. 137 Ibid. 132 Ibid. and the MuBannafs of Eamm:d b. 2011 . 135 Ibid. Ab< D:w<d claims to have included approximately 4800 mostly good (B:liA) Aad. (d..ths are mar:s. 32–3. 130 Ibid. M:lik.’s J:mi6 as being the finest work of its genre.133 and he also encourages students to supplement their study of his Sunan by copying Companion opinions.. Thal:th ras:8il f.. the Muwa33a8 of M:lik. 37.138 129 The existence of this short work was brought to my attention by Christopher Melchert’s article.b) Aad.135 that are well known (mashh<r).th quoted there.. ‘some of which are more sound than others’.131 After boasting that his Sunan is the most necessary book for students to learn after the Qur8:n. 6ilm muBtalaA al-Aad. and collected the Aad. 46–7. 138 Ibid. after citing Ab< D:w<d’s claim in this epistle to have included the Aad.l. he had taken their juridical opinions and collected the (Aleppo: Maktab al-Ma3b<6:t al-Isl:miyya. He observes that the books of Ibn al-Mub:rak and Wak.

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

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

151 Ibn M:ja. Lucas.. al-J:mi6 (nik:A: 33). and Ab< D:w< at Princeton University on July 17. Ab< D:w<d. 17.m (al-Dawraq. Islamic Law and Society. al-Tirmidh. 6. 36. Ibr:h. al-E:rith’s eight pre-Islamic wives.154 al-Bukh:r. l uc as The second Aad. al-E:rith and another with al-E:rith b. 150 149 Downloaded from jis.’s legal hermeneutics represent a sharp departure from those of his contemporary Aad.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.l al-Bukh:r. Ism:6. al-Tirmidh. Sunan (3al:q: 25).153 Overall. Sunan (3al:q: 25). d. 19. Sunan (nik:A: 40). 6 Ab< 6Abd All:h MuAammad b.. which revolve around the anecdotes of Fayr<z al-Daylam. Ab< D:w<d has one narration with Qays b. and Their Relationship to Classical Salafi Islam’. Qays. ‘The Legal Principles of MuAammad b. While this is not the appropriate place to review his chapters on legal methodology in his is found in each of the following chapters of Ibn M:ja’s ‘Book on Divorce’ in his Sunan: 1. and al-Bukh:r.oxfordjournals. see Scott C.. He quotes AAmad b. although he has a special penchant for relating material that most major Aad.149 Like so many weak Aad. 27. al-Tirmidh. like al-Tirmidh.ths of variable degrees of reliability. Ibn M:ja.151 Qays b.. al-J:mi6 (nik:A: 34). 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. 16. thigh]’..’s marriage to two sisters prior to his conversion to 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. 154 For a detailed analysis of this topic.. Ibn M:ja follows the same basic methodology of al-D:rim.As of Muslim and al-Bukh:r. 22. He also addresses the three topics pertaining to conversion to Islam that are broached by critics refrained from including in their books. At least one weak Aad. Al-Bukh:r. 24. 13/3 (2006): 289–324.356 s co t t c . Ism:6. 246/860–1) as saying that the correct form is Qays b. 21. Ibn M:ja. Sunan (nik:A: 40). 152 Ibn M:ja..152 and Ghayl:n b. 7. 11–13. Salama’s ten-wife household. 2011 .l al-Bukh:r.. and Ab< D:w<d by endeavouring to derive rulings almost exclusively from prophetic Aad. 153 Ibn M:ja.’s techniques become apparent from a close reading of his Innam: l-3al:q li-man akhadha bi-l-s:q.ths in Ibn M:ja’s Sunan. 30–32.A. Sunan (nik:A: 39). scholars.ths found in the 4aA. Sunan (3al:q: 31).

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

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

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

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

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

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

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

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

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

19–30. 40. just the chapter number is provided.13–15. al-J:mi6 al-4aA. al-Bukh:r. 32–45. 9–32...A Muslim Sunan Ibn M:ja Sunan Ab.51–53.37–41.. al-J:mi6 al-4aA. Nik:A: 17. 34. so the fifth chapter of al-Tirmidh. IM: Ibn M:ja.47. M: at Princeton University on July 17.19–22.A 4aA.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’. T: al-Tirmidh. Nik:A: 39 Fal:q: 1–17. 36.. B: al-Bukh:r.. If it is in any other book.366 s co t t c . 60.17. Nik:A: 27. AAk:m: 21 Total(172) 16 47 12 37 36 24 Downloaded from jis. Li6:n190 Fal:q: 1–7.oxfordjournals.35. D:w<d al-Tirmidh.7.’s ‘Book on Marriage’ would read (T: nik:A: 5).2) (M:1) (IM:2. 6Itq: 2.33. l uc as APPENDIX Table 1: Chapters on Divorce Used in this Study Book Sunan al-D:rim. 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. that book’s title will be included in the citation. Abbreviations: D: al-D:rim.16) (AD:8) (T:15) (D:1) (B:1. Nik:A: 32. Nik:A: 54 Fal:q: 1–8.3) (AD:4) (T:1) (D:4) (B:4. AAk:m: 22 Fal:q: 2–29.49 Fal:q: 1–11. 39. AD: Ab< D:w<d. Buy<6: 4. 43. 191 190 . 14–17. If the indicated chapter is found in the ‘Book on Divorce’.A Divorce chapters Fal:q: 1–11.

it is invalid 9 The second divorce of a slave woman is final 10 Child custody 11 12 13 14 15 16 17 18 (B:11) (IM:14) (AD:15) (T:8) 19 20 21 22 23 24 25 26 27 (D:17) (IM:30.oxfordjournals.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.s ch o l a r s t yl e 367 8 If a man does not inform anyone about his divorce. E A D I T H . 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:41.35) (T:aAk:m:21) Taking one’s wife back after a revocable (D:2) (B:44.¯ D I V O R C E . 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) . 40) (T:5) (D:11) (B:39) (M:8) (IM: 6.5) divorce (AD:5.42) (M:6) (IM: 10) (AD:39.8) (M:3) (IM:28) (Aar:m) Implications of referring to one’s wife as (B:10) (AD:16) ‘my sister’.32) (AD:6) (T:7) (D:16) (IM:aAk:m:22) (AD:26.45) ( at Princeton University on July 17.

oxfordjournals.13) (IM:22) (AD:18) (T:10) (D:6) (IM:21) (AD:18) (T:11) (IM:23) (AD:18) (T:10) (D:5) (B:5) (M:4.r does not count as a divorce if the woman chooses her husband 38 A manumitted married slave woman has the right to takhy. l uc as 32 The meaning of the word qur8 (B:40) 33 Women are not allowed to conceal that they (B:43) are pregnant C) Female-initiated divorce 34 The khul6 procedure—how much can the husband take? 35 A woman cannot ask her non-abusive husband for a divorce 36 6Idda for the woman who executes a khul6 is one menstrual cycle D) Takhy.24) (T: nik:A:43) IM: nik:A:40) (AD:25) (T: nik:A:33) (IM: nik:A:39) (AD:25) (T: nik:A:34) F) Gih:r 41 The expiation of the Cih:r oath G) Oath of sexual abstinence 42 The oath of .org at Princeton University on July 17.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 .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:23.20) (B:21) (M:5) (IM:24) (T:21) (B: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.r 37 Takhy. 32–36) (M:li6:n) (IM:27) (AD:27–29) (T:22) (D:9) (B:23) (IM:25–6) (AD:17) (T:19.368 s co t t c .

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