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The Ruling Concerning Desertion on the Part of the Husband Print E-mail

Allah states, and thus legislates accordingly, that sometimes, the man inclines away from his wife, sometimes towards her and sometimes he parts with her. In the first case, when the wife fears that her husband is steering away from her or deserting her, she is allowed to forfeit all or part of her rights, such as provisions, clothing, dwelling, and so forth, and the husband is allowed to accept such concessions from her. Hence, there is no harm if she offers such concessions, and if her husband accepts them. This is why Allah said,

﴿فَلاَ جُنَاْحَ عَلَيْهِمَآ أَن يُصْلِحَا بَيْنَهُمَا صُلْحاً﴾

(there is no sin on them both if they make terms of peace between themselves;) He then said,

﴿وَالصُّلْحُ خَيْرٌ﴾

(and making peace is better) than divorce. Allah's statement,

﴿وَأُحْضِرَتِ الأنفُسُ الشُّحَّ﴾

(And human souls are swayed by greed.) means, coming to peaceful terms, even when it involves forfeiting some rights, is better than parting. Abu Dawud At-Tayalisi recorded that Ibn `Abbas said, "Sawdah feared that the Messenger of Allah might divorce her and she said, `O Messenger of Allah! Do not divorce me; give my day to `A'ishah.' And he did, and later on Allah sent down,

﴿وَإِنِ امْرَأَةٌ خَـفَتْ مِن بَعْلِهَا نُشُوزاً أَوْ إِعْرَاضاً فَلاَ جُنَاْحَ عَلَيْهِمَآ﴾

(And if a woman fears cruelty or desertion on her husband's part, there is no sin on them both) Ibn `Abbas said, "Whatever (legal agreement) the spouses mutually agree to is allowed.''. At-Tirmidhi recorded it and said, "Hasan Gharib''. In the Two Sahihs, it is recorded that `A'ishah said that when Sawdah bint Zam`ah became old, she forfeited her day to `A'ishah, and the Prophet used to spend Sawdah's night with `A'ishah. There is a similar narration also collected by Al-Bukhari. Al-Bukhari also recorded that `A'ishah commented;

﴿وَإِنِ امْرَأَةٌ خَـفَتْ مِن بَعْلِهَا نُشُوزاً أَوْ إِعْرَاضاً﴾

(And if a woman fears cruelty or desertion on her husband's part), that it refers to, "A man who is married to an old woman, and he does not desire her and wants to divorce her. So she says, `I forfeit my right on you.' So this Ayah was revealed.''


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