The Life & Character of the Seal of Prophets (sa) - Volume II — Page 525
XI - Treachery of the Banū Quraiẓah and the End of the Jews in Madīnah, Laws of Marriage and Divorce 525 a divorce, the relatives of both parties should be given an opportunity to arbitrate between the two. 1 If this effort proves successful, then well and good, but if not, the husband has the right to give a divorce of his own accord without going to the courts. 2 However, this divorce should be given in such a period of Ṭ uhr, 3 where husband and wife have not had intimate relations. 4 This is to prevent a rash decision, so that an individual does not just give a divorce without thinking, and so that the unique attraction of a wife remains open to deter a husband from his intention. 5. Although separation between a husband and wife may be materialised with only a single Ṭalāq , a husband has the right to withdraw his submission only until Ṭalāq has been issued twice. For complete separation to take place, it is necessary that a Ṭalāq be issued three times on three different occasions, so that irrevocable separation does not occur due to a step taken in a state of temporary anger, and a husband receives the opportunity to contemplate the consequences in his calmer moments. If a person issues a Ṭalāq three times all at once in the spur of emotions, this shall be deemed unlawful and only constitute a single Ṭalāq. 5 6. In the case of Ṭalāq , if a husband has not yet paid the dowry owed 1 An-Nisā’ (4:36) 2 * Al-Baqarah (2:230-232) * An-Nisā’ (4:36) * AṬ-Ṭalāq (65:1-5) 3 A term of Islāmic Jurisprudence, which refers to the specific period of the month, in which the Sharī‘at permits husband and wife to engage in intercourse. [Publishers] 4 * Ṣaḥīḥul-Bukhārī, Kitābuṭ-Ṭalāq, Bābu Qaulillāhi Ta‘ālā Yā Ayyuhannabiyyu Idhā Ṭallaqtumun- Nisā’a. . . . . , Ḥadīth No. 5251 * Ṣaḥīḥul-Bukhārī, Kitābut-Tafsīr, Tafsiru Sūratiṭ-Ṭalāq, Ḥadīth No. 4908 5 * Al-Baqarah (2:230-232) * Sunanu Abī Dāwūd, Kitābuṭ-Ṭalāq, Bābu Fil-Battah, Ḥadīth No. 2206 * Ṣaḥīḥul-Bukhārī, Kitābuṭ-Ṭalāq, Bābu Wa Bu‘ūlatuhunna Aḥaqqu Bi-Raddihinna, Ḥadīth No. 5332 * Sunanun-Nasa’ī, Kitābuṭ-Ṭalāq, Ath-Thalālul-Majmū‘atu Wa Mā Fīhi Minat-Taghlīẓ, Ḥadīth No. 3401 * Mishkātul-Maṣābīḥ, Kitābun-Nikāḥ, Bābul-Khula’i Waṭ-Ṭalāq, Al-Faṣlul-Awwal, Ḥadīth No. 3275, Volume 1, pp. 600-601, Dārul-Kutubil-‘Ilmiyyah, Beirut, Lebanon, First Edition (2003) * Mishkātul-Maṣābīḥ, Kitābun-Nikāḥ, Bābul-Khula’i Waṭ-Ṭalāq, Al-Faṣluth-Thānī, Ḥadīth No. 3283, Volume 1, p. 602, Dārul-Kutubil-‘Ilmiyyah, Beirut, Lebanon, First Edition (2003) * Mishkātul-Maṣābīḥ, Kitābun-Nikāḥ, Bābul-Khula’i Waṭ-Ṭalāq, Al-Faṣluth-Thālith, Ḥadīth No. 3292, Volume 1, p. 603, Dārul-Kutubil-‘Ilmiyyah, Beirut, Lebanon, First Edition (2003)