بِسمِ ٱللهِ ٱلرَّحْمٰنِ ٱلرَّحِيـمِ
In the name of Allah, the Entirely Merciful, the Especially Merciful.
In the name of Allah, the Entirely Merciful, the Especially Merciful.
Pre-Islamic Divorce & Similarities with Hadiths
Pre-Islamic divorce before islam was nothing more than pronouncing and a word of mouth without any witnesses or written document, Pre-Islamic pagans believed after pronouncing their wives mother they were not lawful for them anymore. Allah presents us with the best example in Sarah Al-Mujadila regarding vocal divoce.
Al-Quran Al Mujadila 58:1
قَدْ سَمِعَ ٱللَّهُ قَوْلَ ٱلَّتِي تُجَادِلُكَ فِي زَوْجِهَا وَتَشْتَكِيۤ إِلَى ٱللَّهِ وَٱللَّهُ يَسْمَعُ تَحَاوُرَكُمآ إِنَّ ٱللَّهَ سَمِيعٌ بَصِيرٌ
Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband and directs her complaint to Allah . And Allah hears your dialogue; indeed, Allah is Hearing and Seeing.
Quran Al-Mujadila 58:2
ٱلَّذِينَ يُظَاهِرُونَ مِنكُمْ مِّن نِّسَآئِهِمْ مَّا هُنَّ أُمَّهَاتِهِمْ إِنْ أُمَّهَاتُهُمْ إِلاَّ ٱللاَّئِي وَلَدْنَهُمْ وَإِنَّهُمْ لَيَقُولُونَ مُنكَراً مِّنَ ٱلْقَوْلِ وَزُوراً وَإِنَّ ٱللَّهَ لَعَفُوٌّ غَفُورٌ
Those who pronounce zihar among you [to separate] from their wives – they are not [consequently] their mothers. Their mothers are none but those who gave birth to them. Indeed, they are committing a blasphemy and a falsehood. But indeed, Allah is Pardoning and Forgiving.
A woman who came to Prophet Muhammad complaining regarding husband that he pronounced her Zihar (His Mother) which was considered divorce in pre-islamic times which is not much different from concepts of today of pronouncing divorce three times.
Quran Al-Mujadila 58:3
وَٱلَّذِينَ يُظَاهِرُونَ مِن نِّسَآئِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُواْ فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَآسَّا ذَلِكُمْ تُوعَظُونَ بِهِ وَٱللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ
And those who pronounce zihar from their wives and then [wish to] go back on what they said – then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do.
Quran Al-Mujadila 58:4
فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَآسَّا فَمَن لَّمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِيناً ذَلِكَ لِتُؤْمِنُواْ بِٱللَّهِ وَرَسُولِهِ وَتِلْكَ حُدُودُ ٱللَّهِ وَلِلْكَافِرِينَ عَذَابٌ أَلِيمٌ
And he who does not find [a slave] – then a fast for two months consecutively before they touch one another; and he who is unable – then the feeding of sixty poor persons. That is for you to believe [completely] in Allah and His Messenger; and those are the limits [set by] Allah . And for the disbelievers is a painful punishment.
If someone pronounces divorce regardless declaring mother or announcing 3 times (which can be assumed), a penalty has been decreed in Quran before they touch each other is to free a slave which is not really possible in present times or the man should fast for 2 months consecutively or feeding sixty poor people because that is how Allah warn blasphemers from declaring evil that they declare during anger out of rage, but certainly Halala (Paying and Sleeping with random man to get back) is not a valid solution but filthy and disgusting practise. Hiring male prostitute to sleep with his wives for a night and then requesting him to divorce in the same manner.
Sadly some islamic scholars have been distorting verse and promoting halala, most of the time these so-called islamic scholars act as male prostitute themselves or arrange one for the couple. Allah has already warned us against them in the Glorious Quran
Quran Al-Maidah 5:63
لَوْلاَ يَنْهَاهُمُ ٱلرَّبَّانِيُّونَ وَٱلأَحْبَارُ عَن قَوْلِهِمُ ٱلإِثْمَ وَأَكْلِهِمُ ٱلسُّحْتَ لَبِئْسَ مَا كَانُواْ يَصْنَعُونَ
Why do the rabbis and religious scholars not forbid them from saying what is sinful and devouring what is unlawful? How wretched is what they have been practicing.
Sadly there is no one among muslim community to stand up against devils posing as scholars of faith.
Quran Ash-Shuraa 42:21
أَمْ لَهُمْ شُرَكَاءُ شَرَعُواْ لَهُمْ مِّنَ ٱلدِّينِ مَا لَمْ يَأْذَن بِهِ ٱللَّهُ وَلَوْلاَ كَلِمَةُ ٱلْفَصْلِ لَقُضِيَ بَيْنَهُمْ وَإِنَّ ٱلظَّالِمِينَ لَهُمْ عَذَابٌ أَلِيمٌ
Or have they Shuraka (Partners) who have ordained for them a religion to which Allah has not consented? But if not for the decisive word, it would have been concluded between them. And indeed, the wrongdoers will have a painful punishment.
No wonder from where scholars invent religious teachings other than quran and what there source is.
Quran Al-Baqarah 2:204
وَمِنَ ٱلنَّاسِ مَن يُعْجِبُكَ قَوْلُهُ فِي ٱلْحَيَٰوةِ ٱلدُّنْيَا وَيُشْهِدُ ٱللَّهَ عَلَىٰ مَا فِي قَلْبِهِ وَهُوَ أَلَدُّ ٱلْخِصَامِ
And of the people is he whose speech pleases you in worldly life, and he calls Allah to witness as to what is in his heart, yet he is the fiercest of opponents.
Muslims of today are avid listeners to falsehood invented by scholars outside Quran, Allah has warned humanity regarding them as fiercest of enemies as they have taken over much of media today and people love listening to them as source of faith.
Verse distorted to promote Halala
Quran Al-Baqarah 2:230
فَإِنْ طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنْكِحَ زَوْجاً غَيْرَهُ فَإِن طَلَّقَهَا فَلاَ جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ
And if he has divorced her, then she is not lawful to him afterwards until she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah, which He makes clear to a people who know.
Verse above is not promoting hiring of male prostitutes in any sort of context or contract marriage, verse is quite clear that woman should start a new life rather than paying or making a one night stand with a stranger.
Divorce according to Hadiths
Process of divorce defined in hadith is not much different from Zihar and is a clear violation of Quranic law and contradiction, concept is pretty much same as pre-islamic divorce just by announcing Divorce three times face to face or over the phone.
Sahih Al-Bukhari – Book 63 Hadith 180
Narrated Abdullah ibn Abbas: Tawus said: AbusSahba’ said to Ibn Abbas: Do you know that a divorce by three pronouncements was made a single one during the time of the Prophet (peace be upon him), and of AbuBakr and in the early days of the caliphate of Umar? He replied: Yes.
Conclusion: If a man pronounces “ I divorce you “ three times then its considered divorce.
Sahih Al-Bukhari Volume 7, Book 63, Number 190:
A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet and said, “O Allah’s Apostle! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?” Allah’s Apostle said, “It is unlawful to marry your first husband till the other husband consummates his marriage with you.”
Conclusion: Another baseless hadith in which a woman is stuck with an impotent man forever, How come he consummated when he was impotent?
Sahih Al-Bukhari Volume 7, Book 63, Number 191
Narrated Said bin Jubair:
that he heard Ibn ‘Abbas saying, “If a man makes his wife unlawful for him, it does not mean that she is divorced.” He added, “Indeed in the Apostle of Allah , you have a good example to follow.”
Conclusion: I don’t get that?
Sahih Al-Bukhari Volume 7, Book 63, Number 194:
Narrated Abu Huraira:
The Prophet said, “Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered.” And Qatada said, “If someone divorces his wife just in his mind, such an unuttered divorce has no effect.:
Conclusion: what was that? Why bother mentioning? In my opinion only a mentally disturbed person would do something similar.