Book 13: Marriage

Abu Salama was told by Fatima daughter of Qais that Abu ‘Amr b. Hafs divorced her absolutely when he was away from home, and his agent sent her some barley. She was displeased with it, and when he said, “I swear by God that you have no claim on us,” she went to God’s Messenger and mentioned that to him. Saying that she was due no maintenance, he ordered her to spend the period before she could remarry in the house of Umm Sharik, but said afterwards, “That is a woman whom my companions visit; spend the period in the house of Ibn Umm Maktum, for he is blind and you can undress. Then when you are in a position to be remarried, tell me." She said that when she was in a position to remarry she mentioned to him that Mu'awiya b. Abu Sufyan and Abu Jahm had asked her in marriage, and he replied, “As for Abu Jahm, he does not put down his stick from his shoulder, and as for Mu'awiya, he is a poor man who has no property; marry Usama b. Zaid." She objected to him, but he said, “Marry Usama," so she married him, God prospered him, and she was envied. A version on her authority has, “As for Abu Jahm, he is a man who is given to beating women." In a version it says that her husband divorced her three times and that when she went to the Prophet (ﷺ) he said, “You are due no maintenance unless you are pregnant." Muslim transmitted it.

'A'isha said that Fatima was in a lonely place and fear was entertained regarding the district where she was, so the Prophet (ﷺ) gave her permission, i.e., to remove. In a version she asked what was the matter with Fatima and whether she did not fear God, i.e., with reference to her saying that she had no place to live and no maintenance. Bukhari transmitted it.

Sa'id b. al-Musayyib said that Fatima was removed simply because she had so much to say against her husband’s relatives. It is transmitted in Sharh as-sunna.

Jabir said: My maternal aunt was divorced by three utterances of the divorce and wanted to cut down fruit from her palm-trees, but a man forbade her to go out, so she went to the Prophet (ﷺ) and he said, “Certainly, cut down fruit from your palm-trees, for perhaps you may give sadaqa or do an act of kindness.” Muslim transmitted it.

Al-Miswar b. Makhrama said that some nights after her husband’s death Subai’a al-Aslamiya gave birth to a child. Then she went to the Prophet (ﷺ) and asked permission to marry. He gave her permission and she married. Bukhari transmitted it.

Umm Salama told that a woman came to the Prophet (ﷺ) and said: "Messenger of God, my daughter’s husband has died and her eye is troubling her, so may we apply collyrium to it?” He said “No” twice or thrice, saying only “No” all the time. Then he said, “It is only four months and ten days, whereas in the pre-Islamic period none of you threw away the piece of dung till a year had passed.”* * The reference is to a pre-Islamic custom by which a widow threw a piece of dung when her idda period came to an end. Cf. Lane, Lexicon and Taj al-'arus; Mirqat, 3:513 f. (Bukhari and Muslim.)

Umm Habiba and Zainab daughter of Jahsh reported God’s Messenger as saying, “It is not lawful for a woman who believes in God and the last day to observe mourning for one who has died more than three nights, except for the four months and ten days in the case of a husband.” (Bukhari and Muslim.)

Umm 'Atiya reported God’? Messenger as saying, “A woman must not observe mourning for one who has died more than three nights, except for the four months and ten days in the case of a husband, and she must not wear a dyed garment except one of the type made of dyed yarn,1 or apply collyrium, or touch perfume except for a little costus or azfar2 when she has been purified after her courses.” 1. ‘Asb. This word is applied to a type of Yemen garment which was made of cloth which was dyed before being woven. 2. A certain odoriferous substance resembling finger-nails, used in incense. (Bukhari and Muslim.) Abu Dawud added, “or apply henna.”