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Sunan Abi Dawud 2228 (Book 13, Hadith 54) #22519
Separation After Domestic Abuse

SUMMARY: The Prophet ﷺ advised Thabit ibn Qays to separate from his wife, Habibah daughter of Sahl, after he had beaten her and broken some of her parts.

Narrated Aisha, Ummul Mu'minin: Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to the Prophet after morning, and complained to him against her husband. The Prophet called on Thabit ibn Qays and said (to him): Take a part of her property and separate yourself from her. He asked: Is that right, Messenger of Allah? He said: Yes. He said: I have given her two gardens of mine as a dower, and they are already in her possession. The Prophet said: Take them and separate yourself from her.
حَدَّثَنَا مُحَمَّدُ بْنُ مَعْمَرٍ، حَدَّثَنَا أَبُو عَامِرٍ عَبْدُ الْمَلِكِ بْنُ عَمْرٍو، حَدَّثَنَا أَبُو عَمْرٍو السَّدُوسِيُّ الْمَدِينِيُّ، عَنْ عَبْدِ اللَّهِ بْنِ أَبِي بَكْرِ بْنِ مُحَمَّدِ بْنِ عَمْرِو بْنِ حَزْمٍ، عَنْ عَمْرَةَ، عَنْ عَائِشَةَ، أَنَّ حَبِيبَةَ بِنْتَ سَهْلٍ، كَانَتْ عِنْدَ ثَابِتِ بْنِ قَيْسِ بْنِ شَمَّاسٍ فَضَرَبَهَا فَكَسَرَ بَعْضَهَا فَأَتَتْ رَسُولَ اللَّهِ بَعْدَ الصُّبْحِ فَاشْتَكَتْهُ إِلَيْهِ فَدَعَا النَّبِيُّ ثَابِتًا فَقَالَ ‏"‏ خُذْ بَعْضَ مَالِهَا وَفَارِقْهَا ‏"‏ ‏.‏ فَقَالَ وَيَصْلُحُ ذَلِكَ يَا رَسُولَ اللَّهِ قَالَ ‏"‏ نَعَمْ ‏"‏ ‏.‏ قَالَ فَإِنِّي أَصْدَقْتُهَا حَدِيقَتَيْنِ وَهُمَا بِيَدِهَا فَقَالَ النَّبِيُّ ‏"‏ خُذْهُمَا فَفَارِقْهَا ‏"‏ ‏.‏ فَفَعَلَ

TOPICS
abuse  *  separation  *  property  *  qaraa  *  muminin

QUICK LESSONS:
Respect your partner/spouse even if you disagree with them; Seek justice for those who have been wronged by their abusers; Protect victims at all costs .

EXPLANATIONS:
This hadith is about the Prophet's advice to Thabit ibn Qays Shimmas when his wife Habibah daughter of Sahl complained to him about being beaten and having some of her parts broken. The Prophet told Thabit that he should take a part of her property and separate himself from her. When Thabit asked if this was right, the Prophet confirmed it was. He then said that since two gardens were already in Habibah's possession as a dower, they should be taken by Thabit as well so he could separate himself from her. This hadith teaches us that domestic abuse is not acceptable in any form and those who are victims must be protected at all costs. It also shows us that justice must be served for those who have been wronged by their abusers even if it means separating them from their partners or spouses.

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