Divorce Section · 18 – Hül (A husband divorcing his wife for consideration)
The Messenger of Allah, peace and blessings be upon him, said: “Any woman who demands her divorce from her husband for a trivial matter, the fragrance of Paradise is forbidden to her.”
EXPLANATION:
Hul: It is the woman’s statement to her husband that she will give him her mahr (dower) or some other property in exchange for him divorcing her. A divorce occurs through hul by divorcing the wife in return for such property. For a woman not to be in a state of hardship, demanding divorce from her husband is what necessitates a great sin.
Yahya bin Said reported: It was narrated to me by Amra, the daughter of Abdurrahman bin Sa’d bin Zura; and Amra reported from Habiba, the daughter of Sehl al-Ansari, who was under the marriage of Sabit bin Kays bin Shammas. The Messenger of Allah (ﷺ) went out for Fajr prayer and saw Habiba, the daughter of Sehl, in the twilight near his door. The Messenger of Allah (ﷺ) asked: “Who is this woman?” She said: "I am Habiba, the daughter of Sehl." The Messenger of Allah (ﷺ) said: “What business do you have?” She said: “There is no possibility for me to remain with Sabit bin Kays in marriage.” When Sabit bin Kays arrived, the Messenger of Allah (ﷺ) said to him: "Your wife, Habiba, the daughter of Sehl, has spoken here, whatever Allah wills her to say." Habiba said: “O Messenger of Allah (ﷺ), all that was given to me as dowry is with me (I can return it if he wishes).” The Messenger of Allah (ﷺ) then ordered Sabit bin Kays to take back the dowry he had given. So, Sabit took back the dowry from his wife Habiba, and Habiba returned to her father’s home to observe her ‘iddah [waiting period].”
COMMENTARY
Galas: Twilight.
Hul is considered a dissolution [of marriage]. It is not counted as divorce; otherwise, the attributes sought in divorce would be sought in it. The rights given to a divorced woman should also be given to her. A divorced woman remains in her husband’s home until her ‘iddah period ends. Habiba has returned to her people's home.
Aisha (may Allah be pleased with her) related:
Habiba, daughter of Sehl, was married to Sabit ibn Kays ibn Shammas. Sabit struck Habiba and injured her. Habiba came to the Messenger of Allah (peace and blessings upon him) after Fajr (dawn), complaining about her husband. The Messenger of Allah (peace and blessings upon him) summoned Sabit and said to him, “Give back a portion of your wife’s property and divorce her.” Sabit said, "Would it be permissible for me to divorce her in return for something I take from her?” The Messenger of Allah (peace and blessings upon him) replied, “Yes.”
Sabit then said, “I gave her two gardens as dowry. They are still in my possession.” The Messenger of Allah (peace and blessings upon him) said, "Take the gardens and divorce her." And Sabit did so.
From Ibn ‘Abbas, may Allah be pleased with him, it is related:
The wife of Sabit bin Kays was divorced from her husband for a payment. The Messenger of Allah, peace and blessings be upon him, decreed her waiting period to be one menstrual cycle. Abu Dawud said this hadith is mursal. [191]
COMMENTARY
The hadith is good (hasan). It is a divorce by annulment (khul’), not a talaq. If it were a talaq, she would wait three months.
According to a narration from Ibn Umar, may Allah be pleased with him, it is stated: The waiting period ('iddah) of a woman divorced by means of khul‘ is one menstrual cycle.