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(Book 29, Hadith 27) #36244
Divorce Rights for Women

SUMMARY: A woman who was previously a slave was set free and sent a message to Hafsa, the wife of the Prophet. Hafsa advised her that she had authority over herself as long as her husband did not have intercourse with her, and if he did, she would no longer have any authority. The woman then pronounced her divorce from him three times.

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. Hafsa called her and said, "I will tell you something., but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you, you have no authority at all". Therefore she pronounced her divorce from him three times.
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ بْنِ الزُّبَيْرِ، أَنَّ مَوْلاَةً، لِبَنِي عَدِيٍّ يُقَالُ لَهَا زَبْرَاءُ أَخْبَرَتْهُ أَنَّهَا كَانَتْ تَحْتَ عَبْدٍ وَهِيَ أَمَةٌ يَوْمَئِذٍ فَعَتَقَتْ قَالَتْ فَأَرْسَلَتْ إِلَىَّ حَفْصَةُ زَوْجُ النَّبِيِّ فَدَعَتْنِي فَقَالَتْ إِنِّي مُخْبِرَتُكِ خَبَرًا وَلاَ أُحِبُّ أَنْ تَصْنَعِي شَيْئًا إِنَّ أَمْرَكِ بِيَدِكِ مَا لَمْ يَمْسَسْكِ زَوْجُكِ فَإِنْ مَسَّكِ فَلَيْسَ لَكِ مِنَ الأَمْرِ شَىْءٌ ‏.‏ قَالَتْ فَقُلْتُ هُوَ الطَّلاَقُ ثُمَّ الطَّلاَقُ ثُمَّ الطَّلاَقُ ‏.‏ فَفَارَقَتْهُ ثَلاَثًا

TOPICS
divorce  *  freedom  *  talaaq  *  alnisa  *  hurriyya  *  rights

QUICK LESSONS:
Follow Islamic teachings even when they may be difficult or unpopular at times , Respect for women's rights , Pronounce your own divorce three times without needing permission

EXPLANATIONS:
This hadith speaks about the rights of women in regards to divorce. It is narrated by Yahya who heard it from Malik who heard it from Ibn Shihab who heard it from Urwa ibn az-Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. After being set free, Zabra sent a message to Hafsa, the wife of Prophet Muhammad ﷺ asking for advice on what to do regarding her marriage situation. Hafsa advised Zabra that since she was now free, she had authority over herself as long as her husband did not have intercourse with her; however if he did then Zabra would no longer have any authority in this matter and should pronounce divorce three times in order to be legally divorced according to Islamic law. This hadith teaches us about women’s rights in Islam which are often overlooked or ignored today but were very important during Prophet Muhammad’s ﷺ time and still remain so today according to Islamic teachings.

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