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Text and translation
English translation
3492. It was narrated from Yahya bin Sa'eed, from 'Amrah bint 'Abdur-Rahmân, that she told him about Ḥabîbah bint Sahl: "She was married to Thâbit bin Qais bin
Shammâs. The Messenger of Allâh ﷺ went out to pray As-Subh and he found Ĥabîbah bint Sahl at his door at the end of the night. The Messenger of Allâh ﷺ said: 'Who is this?' She said: 'I am Ĥabîbah bint Sahl, O Messenger of Allâh.' He said: 'What is the matter?' She said: 'I cannot live with Thâbit bin Qais' – her husband. When Thâbit bin Qais came, the Messenger of Allâh ﷺ said to him: 'Here is Ĥabîbah bint Sahl and she has said what Allâh willed she should say.' Ĥabîbah said: 'O Messenger of Allâh, everything that he gave me is with me.' The Messenger of Allâh ﷺ said: 'Take it from her.' So he took it from her and she stayed with her family." (Ṣaḥîḥ)
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Footnotes
1
[1] Meaning, for no legitimate reason. The author has supplied a sample of an agreement for Khul' in the section of contracts prior to chapter 48 of the Book of Agriculture.
Commentary
1. A woman's demand to be let go by her husband is called Khul'. In such a situation, the husband may demand the return of the dower and other gifts given to his wife, if he so desires. He, however, may not take anything in addition to it from her personal possessions or wealth. Now the husband would not be able to take her back. If, however, both of them so desire, they may contract a new marriage after the expiration of the waiting period.
2. The waiting period of a woman who acquires Khul' is three menstrual cycles only, according to the Hanafites. While Imâm Ash-Shâfi', maintains that the waiting period is only one menstrual cycle, so that pregnancy is verified. This is supported by a narration that follows later, see No. 3527.
