Azami 6604

Abu Dawud (2226), Tirmidhi (1187), Ibn Majah (2055), and Ibn Jarud (748) reported it, and Ibn Hibban (4184), Hakim (2/200), and Bayhaqi (7/316) all graded it sahih, all of them through routes from Ayub, from Abu Qilaba, from Abu Asma, from Thawban, who related it. Its isnad is sahih. Abu Asma's name was Amr bin Marthad Rahbi, except that Tirmidhi reported it from Abu Qilaba, from someone who narrated it to him, from Thawban. He said, "This is a hasan hadith. This hadith is narrated from Ayub, from Abu Qilaba, from Abu Asma, from Thawban, and some of them narrated it from Ayub with this isnad without making it marfu." End of quote. Hakim said, "Sahih according to the criteria of the two Shaykhs." I say, Abu Qilaba's statement "from someone who narrated it to him, from Thawban" is made explicit in other narrations as being Abu Asma Rahbi, and by naming him this ambiguity and the criticism based on it are removed, and he is reliable. As for Tirmidhi's statement "some of them narrated it from Ayub with this isnad without making it marfu," this points to what Ibn Abu Shayba (5/271) reported from Waki, from Sufyan Thawri, from Khalid Haddan and Ayub, from Abu Qilaba, from the Prophet ﷺ, as a mursal narration. The ruling belongs to whoever connects the chain, and Ibn Abu Shayba himself connected it right after by mentioning Abu Asma, from Thawban, as already stated.As for the wording "she asked her husband for divorce," this means khula, because divorce (talaq) is in the hands of the man, being one of his rights, which he may exercise when the situation calls for it. Khula, on the other hand, is among the woman's rights. If she sees that married life cannot continue properly, she may seek khula from her husband, and the husband may then ask her to return what he spent on her as dower, based on the words of the Almighty, "But if you fear that they cannot keep within the limits of Allah, there is no blame upon either of them concerning that by which she ransoms herself" [Baqarah 2:229].As for what is reported from Ibn Abbas that the Prophet ﷺ said, "A woman should not ask her husband for divorce without proper cause, or she will not find the scent of Paradise, though its scent can be found from a distance of forty years' journey," this is daif. Ibn Majah (2054) reported it from Bakr bin Khalaf Abu Asim, from Jafar bin Yahya bin Thawban, from his uncle Umara bin Thawban, from Ata, from Ibn Abbas, who related it. In it are Jafar bin Yahya bin Thawban and his uncle, his shaykh Umara bin Thawban, both unknown, and Ata is Ibn Abu Rabah.Likewise, what is reported from Thawban, from the Prophet ﷺ, that he said, "Women who seek khula are hypocrites," is not sound. Tirmidhi (1186) reported it from Abu Kurayb, who said, Muzahim bin Zawwad bin Alba narrated to us, from his father, from Layth, from Abu Khattab, from Abu Zura, from Abu Idris, from Thawban, who related it. Tirmidhi said, "This is a gharib hadith from this angle, and its isnad is not strong." I say, it contains a chain of daif and unknown narrators. Muzahim's father, Zawwad bin Alba Harithi, is daif according to most scholars, and his shaykh Layth, who is Ibn Abu Salim, has well-known criticism against him and is also daif according to most scholars, and his shaykh Abu Khattab is unknown.A similar meaning is also reported in the hadith of Abu Hurairah, from the Prophet ﷺ, who said, "Women who seek khula and women who separate from their husbands are hypocrites." Nasai (3461), Ahmad (9358), and Bayhaqi (7/316) all reported it through the hadith of Waheeb bin Khalid, from Ayub, from Hasan, from Abu Hurairah, who related it. It appears in Sunan Nasai that Hasan said, "I did not hear it from anyone but Abu Hurairah." Nasai commented on this by saying, "Hasan never heard anything from Abu Hurairah." I say, the majority of scholars hold this view. Among them, Bahz bin Assad said, "He did not hear from Abu Hurairah and never saw him." Yunus bin Ubayd said, "Hasan never saw him at all." Ahmad bin Hanbal said, "Some of them said, from Hasan, Abu Hurairah narrated to us." Ibn Abu Hatim said this in objection to the claim that he did not hear from Abu Hurairah. Ali bin Madini said, "He did not hear anything from Abu Hurairah." Abu Hatim said, "Hasan did not hear from Abu Hurairah." Abu Zura said, "He did not hear from Abu Hurairah and never saw him." He was asked, "Then who said, Abu Hurairah narrated to us?" He replied, "He is mistaken." Ibn Abu Hatim said, "I said to my father, Salim Khayyat reported from Hasan that he said, I heard Abu Hurairah." My father said, "This shows how weak Salim is."In light of the scholars' opinions, Hasan's statement should be understood as meaning that he did not know for certain whether this hadith had been narrated from someone other than Abu Hurairah, not that he actually heard it from him.The meaning of the hadith is that women who seek khula and divorce without an acceptable excuse are like the hypocrites who claim to follow Islam but do not act upon what Islam calls for in terms of reconciliation and patient endurance in married life.