Idda of Divorce and Divorce of Menstruating Women

53 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar divorced his wife while she was menstruating in the time of the Messenger of Allah, may Allah bless him and grant him peace. 'Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, said, " Go and tell him to take her back and keep her until she is purified and then has a period and then is purified. Then if he wishes, he can keep her, and if he wishes, he should divorce her before he has had intercourse with her. That is the 'idda which Allah has commanded for women who are divorced."

[Bukhari and Muslim]

54 Yahya related to me from Malik from Ibn Shihab from 'Urwa ibn az-Zubayr from 'A'isha, Umm al-Muminin, that she took Hafsa ibn 'Abd ar-Rahman ibn Abi Bakr as-Siddiq into her house when she had entered the third period of her 'idda. Ibn Shihab said, " That was mentioned to 'Amra bint 'Abd ar-Rahman, and she said that 'Urwa had spoken the truth and people had argued with 'A'isha about it, saying that Allah, the Blessed, the Exalted, says in His Book, 'Three quru'.' 'A'isha said, 'You spoken the truth. Do you know what quru' are? Quru' are times of becoming pure after menstruation."

55 Yahya related to me from Malik that Ibn Shihab said that he heard Abu Bakr ibn 'Abd ar-Rahman say, " I have never seen any of our fuqaha' who did not say that this was what the statement of 'A'isha meant."

56 Yahya related to me from Malik from Nafi' and Zayd ibn Aslam from Sulayman ibn Yasar that al-Ahwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Mu'awiya ibn Abi Sufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him, " When she began her third period, she was free from him and he was free from her. He does not inherit from her nor she from him."

57 Yahya related to me from Malik that he had heard that Abu Bakr ibn 'Abd ar-Rahman, Sulayman ibn Yasar and Ibn Shihab used to say, " When a divorced woman enters the beginning of her third period, she is clearly separated from her husband and she cannot inherit from him and he cannot inherit from her and he has no access to her."

58 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said, " When a man divorces his wife and she begins her third period, she is free from him and he is free from her."

Malik said, " This is how things are done among us."

59 Yahya related to me from Malik from al-Fudayl ibn Abi 'Abdullah, the mawla of al-Mahri that al-Qasim ibn Muhammad and Salim ibn 'Abdullah said, " When a woman is divorced and begins her third period, she is clearly separated from him and is free to marry again."

60 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab, Ibn Shihab, and Sulayman ibn Yasar all said, " The 'idda of a woman in a khul' divorce is three periods."

61 Yahya related to me from Malik that he heard Ibn Shihab say, " The 'idda of a divorced woman is reckoned by the menstrual cycles even if she is estranged." (The reason the 'idda is normally reckoned by the menstrual cycle is to see whether the woman is pregnant or not.)

62 Yahya related to me from Malik from Yahya ibn Sa'id from a man of the Ansar that his wife asked him for a divorce, and he said to her, " When you have had your period, then tell me." When she had her period, she told him. He said, " When you are purified then tell me." When she was purified, she told him and he divorced her.

Malik said, " This is the best of what I have heard about it."

29.22 'Idda of Women in their Houses when Divorced in Them

63 Yahya related to me from Malik that Yahya ibn Sa'id heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Sa'id ibn al-'As divorced the daughter of 'Abd ar-Rahman ibn al-Hakam irrevocably, so 'Abd ar-Rahman ibn al-Hakam took her away. 'A'isha, Umm al-Muminin, sent to Marwan ibn al-Hakam who was the Amir of Madina at that time. She said, " Fear Allah and make him return the woman to her house."

Marwan said in what Sulayman related, " 'Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, " Have you not heard about the affair of Fatima bint Qays? " 'A'isha said, " It will not harm you to mention the story of Fatima." Marwan said, " If you see some evil, there is enough evil in what occurred between those two." (see hadith 67)

[In Bukhari]

64 Yahya related to me from Malik from Nafi' that the daughter of Sa'id ibn Zayd ibn 'Amr ibn Nufayl was the wife of 'Abdullah ibn 'Amr ibn 'Uthman ibn 'Affan, and he divorced her irrevocably and she moved out. 'Abdullah ibn 'Umar rebuked her for that.

65 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar divorced one of his wives in the house of Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. It was on his way to the mosque so he went by a different route which went behind the houses as he was averse to asking her permission to enter until he took her back.

66 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayyab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Sa'id ibn al-Musayyab said, " Her husband is obliged to pay it." Someone asked, " What if her husband does not have it? " He said, " Then she must pay it." Someone asked, " And if she does not have it? " He said, " Then the Amir must pay it."

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