Tuesday, December 15, 2015

If you desire Allah and His Messenger

But if you should desire Allah and His Messenger and the home of the Hereafter - then indeed, Allah has prepared for the doers of good among you a great reward."

[Qur'aan 33:29]


There is a difference of opinion among the scholars regarding the nature of the option which the Messenger of Allah (sallallaahu 'alayhi wa sallam) gave his wives.


The first opinion is that he (sallallaahu 'alayhi wa sallam) gave them the option of remaining his wives or getting divorced. They choose to remain married to him. This is the opinion of

'Aishah
Mujaahid
'ikrimah
Al-Sha'bi
Ibn Shihaab
Rabee'ah



The second opinion is that the option he gave them was not of divorce. It was the option of choosing this world or the next world so that they could have a high place in the next world as would be for his wives. This is the opinion of

'Ali
Qataadah
Al-Hasan


The opinion [according to Imaam Al-Qurtubi] which seems correct is the first one based on the following Hadith


Narrated Masruq: I asked `Aisha about the option: She said, "The Prophet (ﷺ) gave us the option. Do you think that option was considered as a divorce?" I said, "It matters little to me if I give my wife the option once or a hundred times after she has chosen me."

[Sahih Al-Bukhaari Hadith No. 5263]


A'isha reported:

Allah's Messenger (ﷺ) gave us the option (to get divorce) but we did not deem it as divorce.

[Sahih Muslim Hadith No. 1477]



A woman who is given a choice


The scholars have differed in respect to the woman who was given a choice by her husband to either stay with him or divorce him. According to the majority of the Salaf and scholars who give Fatwaa, if a woman chooses to stay with her husband, when given a choice, then no divorce has occurred, neither one nor more.


This is the opinion of

Umar
'Aishah
Ali
Zaid bin Thaabit
Ibn Masood
Ibn Abbaas


Some are of the opinion that if she chooses her husband then one, separating divorce will have occurred. This opinion has been attributed to Hasan Al-Basari and Al-Layth and is also present in a narration attributed to Ali (may Allah be pleased with him).


The first opinion is the correct one based on the Hadith which have been presented. 



Reference(s):

Tafsir Al-Qurtubi

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