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Sahih al-Bukhari 5206 (Book 67, Hadith 140) #4986
Amicable Settlements Between Husband and Wife

SUMMARY: This hadith explains the verse in the Quran which states that if a wife fears cruelty or desertion from her husband, they can come to an amicable settlement between them.

Narrated Aisha: regarding the Verse: 'If a wife fears cruelty or desertion on her husband's part '.) (4:128) It concerns the woman whose husband does not want to keep her with him any longer, but wants to divorce her and marry some other lady, so she says to him: 'Keep me and do not divorce me, and then marry another woman, and you may neither spend on me, nor sleep with me'. This is indicated by the Statement of Allah: 'There is no blame on them if they arrange an amicable settlement between them both, and (such) settlement is better". (4:128)
حَدَّثَنَا ابْنُ سَلاَمٍ، أَخْبَرَنَا أَبُو مُعَاوِيَةَ، عَنْ هِشَامٍ، عَنْ أَبِيهِ، عَنْ عَائِشَةَ ـ رضى الله عنها ـ ‏{‏وَإِنِ امْرَأَةٌ خَافَتْ مِنْ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا‏}‏ قَالَتْ هِيَ الْمَرْأَةُ تَكُونُ عِنْدَ الرَّجُلِ، لاَ يَسْتَكْثِرُ مِنْهَا فَيُرِيدُ طَلاَقَهَا، وَيَتَزَوَّجُ غَيْرَهَا، تَقُولُ لَهُ أَمْسِكْنِي وَلاَ تُطَلِّقْنِي، ثُمَّ تَزَوَّجْ غَيْرِي، فَأَنْتَ فِي حِلٍّ مِنَ النَّفَقَةِ عَلَىَّ وَالْقِسْمَةِ لِي، فَذَلِكَ قَوْلُهُ تَعَالَى ‏{‏فَلاَ جُنَاحَ عَلَيْهِمَا أَنْ يَصَّالَحَا بَيْنَهُمَا صُلْحًا وَالصُّلْحُ خَيْرٌ‏}‏

TOPICS
marriage  *  divorce  *  settlement  *  compromise  *  zawaj  *  talaq  *  hulul  *  sulh

QUICK LESSONS:
Try your best to resolve differences peacefully and avoid divorce whenever possible .

EXPLANATIONS:
This hadith is about a situation where a wife fears cruelty or desertion from her husband. In this case, Allah has given them both the option of coming to an amicable settlement between them. An amicable settlement is when two parties come to an agreement that is beneficial for both of them and it is better than divorce. It could be that the husband agrees not to divorce his wife but also not provide for her or sleep with her, while she agrees not to ask him for anything else either. This way, they can still remain married without any conflict between them. The main idea behind this hadith is that couples should try their best to resolve their differences peacefully and avoid divorce if possible as it can have negative consequences on both parties involved as well as their families and society at large.

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