Hadith 5312
Divorce
حَدَّثَنَا عَلِيُّ بْنُ عَبْدِ اللَّهِ، حَدَّثَنَا سُفْيَانُ، قَالَ عَمْرٌو سَمِعْتُ سَعِيدَ بْنَ جُبَيْرٍ، قَالَ سَأَلْتُ ابْنَ عُمَرَ عَنِ الْمُتَلاَعِنَيْنِ،، فَقَالَ قَالَ النَّبِيُّ صلى الله عليه وسلم لِلْمُتَلاَعِنَيْنِ " حِسَابُكُمَا عَلَى اللَّهِ أَحَدُكُمَا كَاذِبٌ، لاَ سَبِيلَ لَكَ عَلَيْهَا ". قَالَ مَالِي قَالَ " لاَ مَالَ لَكَ، إِنْ كُنْتَ صَدَقْتَ عَلَيْهَا، فَهْوَ بِمَا اسْتَحْلَلْتَ مِنْ فَرْجِهَا، وَإِنْ كُنْتَ كَذَبْتَ عَلَيْهَا، فَذَاكَ أَبْعَدُ لَكَ ". قَالَ سُفْيَانُ حَفِظْتُهُ مِنْ عَمْرٍو. وَقَالَ أَيُّوبُ سَمِعْتُ سَعِيدَ بْنَ جُبَيْرٍ قَالَ قُلْتُ لاِبْنِ عُمَرَ رَجُلٌ لاَعَنَ امْرَأَتَهُ فَقَالَ بِإِصْبَعَيْهِ ـ وَفَرَّقَ سُفْيَانُ بَيْنَ إِصْبَعَيْهِ السَّبَّابَةِ وَالْوُسْطَى ـ فَرَّقَ النَّبِيُّ صلى الله عليه وسلم بَيْنَ أَخَوَىْ بَنِي الْعَجْلاَنِ، وَقَالَ " اللَّهُ يَعْلَمُ إِنَّ أَحَدَكُمَا كَاذِبٌ فَهَلْ مِنْكُمَا تَائِبٌ ". ثَلاَثَ مَرَّاتٍ. قَالَ سُفْيَانُ حَفِظْتُهُ مِنْ عَمْرٍو وَأَيُّوبَ كَمَا أَخْبَرْتُكَ.
Translation
Narrated Sa`id bin Jubair:I asked Ibn `Umar about those who were involved in a case of Lien. He said, "The Prophet (ﷺ) said to those who were involved in a case of Lien, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." The man said, 'What about my property (Mahr) ?' The Prophet (ﷺ) said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from `Amr. Narrated Aiyub: I heard Sa`id bin Jubair saying, "I asked Ibn `Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?' Ibn `Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn `Umar said, 'The Prophet (ﷺ) separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?
Reference: Sahih al-Bukhari 5312
More from Divorce
Narrated `Abdullah bin `Umar:that he had divorced his wife while she was menstruating during the lifetime of Allah's Messenger (ﷺ) . `Umar bin Al-Khattab asked Allah's Messenger (ﷺ) about that. Allah's Messenger (ﷺ) said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced
Hadith 5252Narrated Anas bin Seereen:Ibn `Umar said: "I divorced my wife while she was menstruating. `Umar mentioned that to the Prophet . The Prophet (ﷺ) said, (to my father), "Let your son take her back." I asked (Ibn `Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn `Umar said, "Of course." Narrated Yunus bin Jubair: Ibn `Umar said, "The Prophet (ﷺ) said to `Umar, 'Order him (Ibn `Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn `Umar said, "What do you think if someone becomes helpless and foolish?
Hadith 5253Narrated Ibn `Umar:(Divorcing my wife during her menses) was counted as one legal divorce
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