CHAPTER: Regarding The Disliked Nature Of Divorce.
Narrated Muharib: The Prophet صلی اللہ علیہ وسلم said: Allah did not make anything lawful more abominable to Him than divorce.
Narrated Abdullah ibn Umar: The Prophet صلی اللہ علیہ وسلم said: Of all the lawful acts the most detestable to Allah is divorce.
The aforesaid tradition has also been transmitted by Nafi through a different chain of narrators. This version says Ibn Umar divorced a wife of his while she was menstruating pronouncing one divorce. He then narrated the rest of the tradition similar to the one narrated by Malik.
Ibn Umar said that he divorced his wife while she was menstruating. Umar mentioned the matter to the Prophet صلی اللہ علیہ وسلم. He (the Prophet) said “Order him, he must take her back and divorce her when she is purified (from menstrual discharge) or she is pregnant. ”
Abdullah (bin Umar) said that he divorced his wife while she was menstruating. Umar mentioned the matter to the Messenger of Allah صلی اللہ علیہ وسلم. The Messenger of Allah صلی اللہ علیہ وسلم became angry and said “Command him, he must take her back and keep her back till she is purified, then has another menstrual period and is purified. Then if he desires he may divorce her during the period of purity before he has intercourse with her. This is the divorce for waiting period as commanded by Allaah, the Exalted.
Yunus bin Jubair said that he asked Ibn Umar “How many times did you pronounce divorce to your wife? He replied, once. ”
Yunus bin Jubair said “I asked Abdullah bin Umar “A man divorced his wife while she was menstruating? He said do you know Abdullah bin Umar? He said, yes. Abdullah bin Umar divorced his wife while she was menstruating. So, Umar came to the Prophet صلی اللہ علیہ وسلم and asked him (about this matter). He said Command him to take her back in marriage he may the divorce her in the beginning of the waiting period. I (Ibn Jubair) asked him “Will this divorce be counted? He said “Why not?” If he was helpless and showed his foolishness (that would have been counted).
Abdur Rahman ibn Ayman, the client of Urwah, asked Ibn Umar and Abu al-Zubayr was was listening: What do you think if a man divorces his wife while she is menstruating? He said: Abdullah ibn Umar divorced his wife while she was menstruating during the time of the Messenger of Allah صلی اللہ علیہ وسلم. So Umar asked the Messenger of Allah صلی اللہ علیہ وسلم saying: Abdullah ibn Umar divorced his wife while she was menstruating. Abdullah said: He returned her to me and did not count it (the pronouncement) anything. He said: When she is purified, he may divorce her or keep her with him. Ibn Umar said: The Prophet صلی اللہ علیہ وسلم recited the Quranic verse: O Prophet, when you divorce women, divorce them in the beginning of their waiting period. Abu Dawud said: This tradition has been narrated by Yunus bin Jubair, Anas bin Sirin bin Jubair, Zaid bin Aslam, Abu al-Zubair and Mansur from Abu Wail on the authority of Ibn Umar. They all agreed on the theme that the Prophet صلی اللہ علیہ وسلم commanded him to take her back (and keep her) till she was purified. Then if he desired, he might divorce her or keep her with him if he wanted to do so. The version narrated by al-Zuhri from Salim from Nafi on the authority of Ibn Umar has: The Prophet صلی اللہ علیہ وسلم commanded him to take her back (and keep her) till she is purified, and then has menstrual discharge, and then she is purified. Then if he desires, he may divorce her and if he desires he may keep her. Abu Dawud said: A version like that of Nafi and al-Zuhri has also been transmitted by Ata al-Khurasani from al-Hasan on the authority of Ibn Umar. All the versions of this tradition contradict the one narrated by Abu al-Zubair.
The aforesaid tradition (No. 2182) has also been transmitted by Ali (ibn al-Mubarak) through a different chain of narrators to the same effect. This version adds: Ibn Abbas said: There remained one more pronouncement of divorce for you. The Messenger of Allah صلی اللہ علیہ وسلم took the same decision. Abu Dawud said: I heard Ahmad bin Hanbal say: Abd al-Razzaq said that Ibn al-Mubarak said to Mamar: Who is this Abu al-Hasan ? He bore a big rock. Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan. Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.
Narrated Aishah, Ummul Muminin: The Prophet صلی اللہ علیہ وسلم said: The divorce of a slave-woman consists in saying it twice and her waiting period is two menstrual courses (qur') Abu Asim said: A similar tradition has been narrated to me by Muzahir and al-Qasim on the authority of Aishah from the Prophet صلی اللہ علیہ وسلم, except that he said: And her waiting period ('iddah) is two courses. Abu Dawud said: This tradition is obscure.