Benefits derived from the above hadeeth:
17 September 2022 • 2.1K views
1. Allah legislated divorce just as He legislated marriage. Divorce is not a crime, so we should not treat those involved in divorce cases as criminals (husband and wife alike). And just as it is not a crime if there's grounds for its issuance, divorce should not be misused (especially by us men). Not every marriage is bound to work out; the two parties may be good people individually, but as a couple they may not get along well; that is why Allah has made a way out for both parties through divorce. However, divorce should be the last resort.
2. We should seek counsel from the right people; people of trust, uprightness and knowledge.
3. Divorce is valid even if it is issued in the absence of the wife. Even if a man says it without anyone around him or writes it on a piece of paper, as long as he does so with the intention of divorce. However, it is better to have two witnesses due to the statement of Allah:
{ فَإِذَا بَلَغۡنَ أَجَلَهُنَّ فَأَمۡسِكُوهُنَّ بِمَعۡرُوفٍ أَوۡ فَارِقُوهُنَّ بِمَعۡرُوفࣲ وَأَشۡهِدُوا۟ ذَوَیۡ عَدۡلࣲ مِّنكُمۡ}
“Then when they have ˹almost˺ reached the end of their waiting period, either retain them honourably or separate from them honourably. And call two of your reliable men to witness ˹either way˺”
[Surah At-Talâq: 2]
4. Permissibility of communicating the divorce to the wife through an intermediary
5. After issuing the third divorce, the man is no longer required to house and provide for the wife, because the Prophet ﷺ said in another wording of the hadeeth (reported by Muslim)
((لَا نَفَقَةَ لَكِ وَلَا سُكْنَى))
“You are not entitled to maintenance nor housing.”
That is the case, provided she is not pregnant with his baby, because it comes in another version of the hadeeth (reported by Abu Dawud):
((لا نفقة لك إلا أن تكوني حاملا))
“You are not entitled to maintenance unless you are pregnant”
6. After being issued with the third divorce, a woman becomes an Ajnabiyyah (non-Mahram) to her former husband, and she is not allowed to remarry him until she gets married then divorced by another man. Also, no one is allowed to propose to her in a direct manner until she has completed the waiting period ('Iddah).
7. Fatima bint Qais radhiyallahu anha refers to her former husband in a respectful manner (my husband). She doesn't let her emotions get the better of her, even though she felt entitled to housing and more in terms of maintenance
8. Likewise, the Prophet ﷺ did allow his compassion to get the better of him and side with her. He told her directly; what they said is right and you are not entitled to maintenance.
9. A Counsellor should not ask unnecessary questions, seeking to dig out more secrets than is relevant