The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Apostle said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once."

The wife of Thabit bin Qais bin Shammas came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Apostle said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet told him to divorce her.

The Messenger of Allah (saws) entered upon Thabit ibn Qays. The version of Ahmad (ibn Salih) has: When he was ill He (the Prophet) said: Remove the harm, O Lord of men, from Thabit ibn Qays ibn Shammas. He then took some dust of Bathan, and put it in a bowel, and then mixed it with water and blew in it, and poured it on him.

Abu Dawud said: Ibn al-Sarh said: Yusuf bin Muhammad is correct (and not Muhammad bin Yusuf)

The Messenger of Allah (saws) said: Who is this? She replied: I am Habibah, daughter of Sahl. He asked: What is your case? She replied: I and Thabit ibn Qays, referring to her husband, cannot live together.

When Thabit ibn Qays came, the Messenger of Allah (saws) said to him: This is Habibah, daughter of Sahl, and she has mentioned (about you) what Allah wished to mention.

Habibah said: Messenger of Allah, all that he gave me is with me.

The Messenger of Allah (saws) said to Thabit ibn Qays: Take it from her. So he took it from her, and she lived among her people (relatives).

Yahya related. to me from Malik from Yahya ibn Said that Amra bint Abd ar-Rahman told him from Habiba bint Sahl al-Ansari that she had been the wife of Thabit ibn Qays ibn Shammas. The Messenger of Allah, may Allah bless him and grant him peace, went out for the dawn prayer, and found Habiba bint Sahl at his door in the darkness. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Who is this?" She said, "I am Habiba bint Sahl, Messenger of Allah." He said, "What do you want?" She said, "That Thabit ibn Qays and I separate." When her husband, Thabit ibn Qays came, the Messenger of Allah, may Allah bless him and grant him peace, said to him, "This is Habiba bint Sahl. She mentioned what Allah willed that she mention." Habiba said, "Messenger of Allah, all that he has given me is with me!" The Messenger of Allah, may Allah bless him and grant him peace, said to Thabit ibn Qays, "Take it from her," and he took it from her, and she stayed in the house of her family.

Fatimah daughter of Qais said “I was married to a man of Banu Makhzum. He divorced me absolutely. The narrator then transmitted the rest of the tradition like that of Malik. This version has “Do not marry yourself without my permission.”

Abu Dawud said Al Sha’bi, Al Bahiyy and ata from abd Al Rahman bin asim and Abu Bakr bin Abi Al Jahm all narrated on the authority of Fatimah daughter of Qais that her husband had divorced her three times.

The wife of Thabit bin Qais came to Allah's Apostle and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I cannot endure to live with him." On that Allah's Apostle said, "Will you return his garden to him?" She said, "Yes."

Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah's Messenger (may peace be upon him) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint Qais.

Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas He beat her and broke some of her part. So she came to the Prophet (saws) after morning, and complained to him against her husband. The Prophet (saws) called on Thabit ibn Qays and said (to him): Take a part of her property and separate yourself from her. He asked: Is that right, Messenger of Allah? He said: Yes. He said: I have given her two gardens of mine as a dower, and they are already in her possession. The Prophet (saws) said: Take them and separate yourself from her.

Yahya related to me from Malik from Abdu Rabbih ibn Said from Muhammad ibn Ibrahim ibn al-Harith at-Taymi that Nufay, a mukatab of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, asked Zayd ibn Thabit for an opinion. He said, "I have divorced my free wife twice." Zayd ibn Thabit said, "She is haram for you."

The Prophet noticed the absence of Thabit bin Qais. A man said, "O Allah's Apostle! I shall bring you his news." So he went to him and saw him sitting in his house drooping his head (sadly). He asked Thabit, "What's the matter?" Thabit replied, "An evil situation: A man used to raise his voice over the voice of the Prophet and so all his good deeds have been annulled and he is from the people of Hell." The man went back and told the Prophet that Thabit had said so-and-so. (The sub-narrator, Musa bin Anas said, "The man went to Thabit again with glad tidings)." The Prophet said to him, "Go and say to Thabit: 'You are not from the people of Fire, but from the people of Paradise."

The sister of `Abdullah bin Ubai narrated (the above narration, 197) with the addition that the Prophet said to Thabit's wife, "Will you return his garden?" She said, "Yes," and returned it, and (then) the Prophet ordered Thabit to divorce her.

He said: There are narrations on this topic from Al-Bara' bin 'Azib and Rifa'ah.

[Abu 'Eisa said:] The Hadith of Qais bin Abi Gharazah (a narrator) is a Hasan Sahih Hadith.

Mansur, Al-A'mash, Habib bin Abi Thabit and others reported it from Abu Wa'il, from Qais bin Abi Gharzah, from the Prophet (saws). We do not know of anything from the Prophet (saws) narrated by Qais other than this.

The Prophet missed Thabit bin Qais for a period (So he inquired about him). A man said. "O Allah's Apostle! I will bring you his news." So he went to Thabit and found him sitting in his house and bowing his head. The man said to Thabit, " 'What is the matter with you?" Thabit replied that it was an evil affair, for he used to raise his voice above the voice of the Prophet and so all his good deeds had been annulled, and he considered himself as one of the people of the Fire. Then the man returned to the Prophet and told him that Thabit had said, so-and-so. (Musa bin Anas) said: The man returned to Thabit with great glad tidings. The Prophet said to the man. "Go back to him and say to him: "You are not from the people of the Hell Fire, but from the people of Paradise."

Yahya related to me from Malik from Ibn Shihab from Abu Abd ar- Rahman that Zayd ibn Thabit said that if a man divorced his slave-girl three times and then bought her, she was not halal for him until she had married another husband.

Abu Dawud said: Salih b. Kaisan, Ibn Juraij, and Shu'aib b. Abi Hamzah -- all of them narrated on the authority of al-Zuhru in a similar way.

Fatima bint Qais (Allah be pleased with her) reported from Allah's Messenger (may peace be upon him) that there is no lodging and maintenance allowance for a woman who has been given irrevocable divorce.

that Yahya bin Sa`id bin Al-`As divorced the daughter of `Abdur-Rahman bin Al-Hakarn. `Abdur- Rahman took her to his house. On that `Aisha sent a message to Marwan bin Al-Hakam who was the ruler of Medina, saying, "Fear Allah, and urge your brother) to return her to her house." Marwan (in Sulaiman's version) said, "Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument)." (In Al-Qasim's versions Marwan said, "Have you not heard of the case of Fatima bint Qais?" Aisha said, "The case of Fatima bint Qais is not in your favor.' Marwan bin Al-Hakam said to `Aisha, "The reason that made Fatima bint Qais go to her father's house is just applicable to the daughter of `Abdur-Rahman."

The wife of Thabit ibn Qays separated herself from him for a compensation. The Prophet (saws) made her waiting period a menstrual course.

Abu Dawud said: This tradition has been transmitted by 'Abd al-Razzaq from Ma'mar from 'Amr b. Muslim from 'Ikrimah from the Prophet (saws) in a mursal form (i.e. missing the link of the Companion).

We went out with the Messenger of Allah (saws) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (saws) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (saws) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.

Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.

Once Musa bin Anas while describing the battle of Yamama, said, "Anas bin Malik went to Thabit bin Qais, who had lifted his clothes from his thighs and was applying Hunut to his body. Anas asked, 'O Uncle! What is holding you back (from the battle)?' He replied, 'O my nephew! I am coming just now,' and went on perfuming himself with Hunut, then he came and sat (in the row). Anas then mentioned that the people fled from the battle-field. On that Thabit said, 'Clear the way for me to fight the enemy. We would never do so (i.e. flee) in the company of Allah's Apostle. How bad the habits you have acquired from your enemies!"

The Prophet (saws) said: Riders who are objects of dislike to you will come to you, but you must welcome them when they come to you, and give them a free hand regarding what they desire. If they are just, they will receive credit for it, but if they are unjust, they will be held responsible. Please them, for the perfection of your zakat consists in their good pleasure, and let them ask a blessing for you .

Abu Dawud said: The name of the narrator Abu al-Ghusn is Thabit bin Qais bin Ghusn.

Yahya related to me from Malik from Nafi and Zayd ibn Aslam from Sulayman ibn Yasar that al-Ahwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Muawiya ibn Abi Sufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him, "When she began her third period, she was free from him and he was free from her, and he does not inherit from her nor she from him."

We were informed that Musailima Al-Kadhdhab had arrived in Medina and stayed in the house of the daughter of Al-Harith. The daughter of Al-Harith bin Kuraiz was his wife and she was the mother of `Abdullah bin 'Amir. There came to him Allah's Apostle accompanied by Thabit bin Qais bin Shammas who was called the orator of Allah's Apostle. Allah's Apostle had a stick in his hand then. The Prophet stopped before Musailima and spoke to him. Musailima said to him, "If you wish, we would not interfere between you and the rule, on condition that the rule will be ours after you... The Prophet said, "If you asked me for this stick, I would not give it to you. I think you are the same person who was shown to me in a dream. And this is Thabit bin Al-Qais who will answer you on my behalf." The Prophet then went away. I asked Ibn `Abbas about the dream Allah's Apostle had mentioned. Ibn `Abbas said, "Someone told me that the Prophet said, "When I was sleeping, I saw in a dream that two gold bangles were put in my hands, and that frightened me and made me dislike them. Then I was allowed to blow on them, and when I blew at them, both of them flew. Then I interpreted them as two liars who would appear.' One of them was Al-`Ansi who was killed by Fairuz in Yemen and the other was Musailima Al-Kadhdbab."

Musailima Al-Kadhdhab came during the lifetime of the Prophet and started saying, "If Muhammad gives me the rule after him, I will follow him." And he came to Medina with a great number of the people of his tribe. Allah's Apostle went to him in the company of Thabit bin Qais bin Shammas, and at that time, Allah's Apostle had a stick of a date-palm tree in his hand. When he (i.e. the Prophet ) stopped near Musailima while the latter was amidst his companions, he said to him, "If you ask me for this piece (of stick), I will not give it to you, and Allah's Order you cannot avoid, (but you will be destroyed), and if you turn your back from this religion, then Allah will destroy you. And I think you are the same person who was shown to me in my dream, and this is Thabit bin Qais who will answer your questions on my behalf." Then the Prophet went away from him. I asked about the statement of Allah's Apostle : "You seem to be the same person who was shown to me in my dream," and Abu Huraira informed me that Allah's Apostle said, "When I was sleeping, I saw (in a dream) two bangles of gold on my hands and that worried me. And then I was inspired Divinely in the dream that I should blow on them, so I blew on them and both the bangles flew away. And I interpreted it that two liars (who would claim to be prophets) would appear after me. One of them has proved to be Al Ansi and the other, Musailima."

Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibn Yasar that Nufay, a mukatab of Umm Salama the wife of the Prophet, may Allah bless him and grant him peace, or her slave, had a free woman as a wife. He divorced her twice, and then he wanted to return to her. The wives of the Prophet, may Allah bless him and grant him peace, ordered him to go to Uthman ibn Affan to ask him about it. He found him at ad-Daraj with Zayd ibn Thabit. He asked them, and they both anticipated him and said, "She is haram for you. She is haram for you."

A woman called Umm Khallad came to the Prophet (saws) while she was veiled. She was searching for her son who had been killed (in the battle) Some of the Companions of the Prophet (saws) said to her: You have come here asking for your son while veiling your face? She said: If I am afflicted with the loss of my son, I shall not suffer the loss of my modesty. The Messenger of Allah (saws) said: You will get the reward of two martyrs for your son. She asked: Why is that so, Messenger of Allah? He replied: Because the people of the Book have killed him.

Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye.

Aisha said: She then came to the Messenger of Allah (saws) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Messenger of Allah (saws) would look at her in the same way that I had looked.

She said: Messenger of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom.

The Messenger of Allah (saws) said: Are you inclined to that which is better? She asked: What is that, Messenger of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you.

She said: I shall do this. She (Aisha) said: The people then heard that the Messenger of Allah (saws) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Messenger of Allah (saws) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.

Abu dawud said: This evidence shows that a Muslim ruler may marry a slave woman himself.

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "It used to be that a man would divorce his wife and then return to her before her idda was over, and that was alright, even if he divorced her a thousand times. The man went to his wife and then divorced her and when the end of her idda was in sight, he took her back and then divorced her and said, 'No! By Allah, I will not go to you and you will never be able to marry again.' Allah, the Blessed, the Exalted, sent down, 'Divorce is twice, then honourable retention or setting free kindly.' People then turned towards divorce in a new light from that day whether or not they were divorced or not divorced."

I asked Ibn `Umar,"(What is said regarding) a man divorces his wife during her period?" He said, "Do you know Ibn `Umar? Ibn `Umar divorced his wife while she was menstruating. `Umar then went to the Prophet and mentioned that to him. The Prophet ordered him to take her back and when she became clean, he could divorce her if he wanted." I asked (Ibn `Umar), "Was that divorce counted as one legal divorce?" He said, "If one becomes helpless and foolish (will he be excused? Of course not). "

Ibn `Umar said: "I divorced my wife while she was menstruating. `Umar mentioned that to the Prophet . The Prophet said, (to my father), "Let your son take her back." I asked (Ibn `Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn `Umar said, "Of course." Narrated Yunus bin Jubair: Ibn `Umar said, "The Prophet said to `Umar, 'Order him (Ibn `Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn `Umar said, "What do you think if someone becomes helpless and foolish?"

Yahya related to me from Malik from Thabit ibn al-Ahnaf that he married an umm walad of Abd ar-Rahman ibn Zayd ibn al-Khattab. He said, "Abdullah ibn Abd ar-Rahman ibn Zayd ibn al-Khattab summoned me and I went to him. I came in upon him and there were whips and two iron fetters placed there, and two of his slaves whom he had made to sit there. He said, 'Divorce her, or by He by whom one swears, I will do such-and-such to you!' I said, 'It is divorce a thousand times.' Then I left him and I saw Abdullah ibn Umar on the road to Makka and I told him about my situation. Abdullah ibn Umar was furious, and said, 'That is not divorce, and she is not haram for you, so return to your home.' I was still not at ease so I went to Abdullah ibn az-Zubayr who was the Amir of Makka at that time. I told him about my situation and what Abdullah ibn Umar had said to me. Abdullah ibn az-Zubayr said to me, 'She is not haram for you, so return to your home,' and he wrote to Jabir ibn al-Aswad az-Zuhra who was the Amir of Madina and ordered him to punish Abdullah ibn Abdar-Rahman and to have him leave me and my family alone. I went to Madina, and Safiyya, the wife of Abdullah ibn Umar fitted out my wife so that she could bring her to my house with the knowledge of Abdullah ibn Umar. Then I invited Abdullah ibn Umar on the day of my wedding to the wedding feast and he came."

Imran ibn Husayn was asked about a person who divorces his wife, and then has intercourse with her, but he does not call any witness to her divorce nor to her restoration. He said: You divorced against the sunnah and took her back against the sunnah. Call someone to bear witness to her divorce, and to her return in marriage, and do not repeat it.

(Divorcing my wife during her menses) was counted as one legal divorce.

Yahya related to me from Malik that Abdullah ibn Dinar said, "I heard Abdullah ibn Umar recite from the Qur'an, 'Prophet! When you divorce women, divorce them at the beginning of their idda.'"

Malik said, "He meant by that, to make one pronouncement of divorce at the beginning of each period of purity."

Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah hath created in their wombs. This means that if a man divorced his wife he had the right to take her back in marriage though he had divorced her by three pronouncements. This was then repealed (by a Qur'anic verse). Divorce is only permissible twice.