He is the first to claim the return

This part belongs to the full section: All sections of this part.

He is the first to claim the return

Second case: he precedes her with the claim. If he first says to her: « I have taken you back », and she replies: « my 'iddah ended before your claim », within a period in which the 'iddah may expire or subsist, the word is the husband's according to Abu Yusuf and Muhammad, the Shafi'is in one aspect and the Hanbalis of the madhhab; for his claim of the return precedes the judgment of her 'iddah's expiry within a period in which his word's admission is apparent: the woman's word is therefore no longer admitted thereafter to invalidate it; and because she has encountered the 'iddah: her 'iddah subsists so long as she does not report its expiry, and the return preceded her information of the expiry: the return is valid and the 'iddah falls away; her information of the expiry, coming after the fall of the 'iddah, has no effect, there being no authority to report after the fall (1). Abu Hanifah, the Malikis, the Shafi'is (of the madhhab) and the Hanbalis (in one view) hold that the word is the woman's and the return is not established; for the woman is trusted in her information of the 'iddah's expiry: the Law entrusted her with trust in this chapter, by Allah's word: « It is not permitted to them to conceal what Allah created in their wombs, if they believe in Allah and the Last Day » (Surah Al-Baqarah, 228); the interpretation says: it is menses and pregnancy; He forbade them concealing, and the prohibition of concealing is a command to reveal, the prohibition of a thing being a command of its opposite, and the command to reveal being a command of admission, so that the fruit of revelation appear: the admission of her word and her information of the expiry is therefore required. Moreover, his saying « I have taken you back » is a creative act, and her saying « my 'iddah has ended » is a report: the expiry thus precedes his word; the 'iddah's expiry is known only from her, while the husband can witness the return, no criterion of precedence having prevailed to present it first (1). The Shafi'is admit the husband's word if the woman's speech is separated in time from his; if her speech is continuous, she is the one believed (2).

References: Al-Mabsut (6/24); Bada'i' as-sana'i' (3/185-186); Al-Hidayah (2/7); Al-Muhit al-Burhani (4/17); Al-Ikhtiyar (3/182); Al-Mughni (7/407-408); Sharh az-Zarkashi (2/491); Al-Mubdi' (7/402); Al-Insaf (9/163); Kashshaf al-qina' (5/403); Al-Mabsut (6/24); Mukhtasar ikhtilaf al-'ulama (4/232); Bada'i' as-sana'i' (3/185-186); Al-Hidayah (2/7); Al-Muhit al-Burhani (4/17); Al-Ikhtiyar (3/182); Al-Jawharah an-nayyirah (4/480); Al-Mudawwanah al-kubra (5/327-328); Ahkam al-Qur'an (1/256); At-Taj wa-l-iklil (3/120-121); Sharh mukhtasar Khalil (4/86); Ash-Sharh al-kabir with the hashiyah of ad-Dasuqi (3/338); Rawdat at-talibin (5/535-536); An-Najm al-wahhaj (8/20); Maghni al-muhtaj (5/13); Tuhfat al-muhtaj (9/610); Ad-Dibaj (3/487); Al-Mughni (7/407-408); Sharh az-Zarkashi (2/491).

They both speak at the same time

Third case: the word comes from both at once. The jurists disagreed: if husband and wife claim simultaneously, the husband manifesting the return at the moment she manifests the expiry of the 'iddah, whose word is admitted? The Malikis, the Shafi'is (of the madhhab) and the Hanbalis (of the madhhab) hold that when the spouses claim at the same time, the word is the woman's, namely that her 'iddah has expired, with no return for him; for her information of the expiry proceeds from her person, his word thus falling after the 'iddah: it is not admitted; the expiry, in general, is known only from her, and the husband can witness the return (1). The Shafi'is (in one aspect) and the Hanbalis (in one view) hold that lots are cast between them: the word goes to whoever wins the draw, the lot being the arbiter in case of equality, like the imamate, the call to prayer and manumission (2). According to another view of the Shafi'is and Hanbalis, the word is the husband's: the woman claims what would lift the divorce, which he denies: his word is admitted, like the husband under the oath of abstinence and the impotent man who claim to have had relations with their wife while she denies it (3).

References: Kinz ar-raghibin (4/17); An-Najm al-wahhaj (8/20); Maghni al-muhtaj (5/14); Tuhfat al-muhtaj (9/613); Ad-Dibaj (3/487); Al-Bayan (10/252); Kinz ar-raghibin (4/17); An-Najm al-wahhaj (8/20); Al-Mughni (7/407-408); Sharh az-Zarkashi (2/491); Al-Insaf (9/163); An-Najm al-wahhaj (8/20); Kinz ar-raghibin (4/17); Al-Mubdi' (6/402).

When may the husband return to his wife? The nature of the qur'

The Muslim jurists agree that the menstruating woman observes her 'iddah for three qur', by His word: « The divorced women await for three qur' » (Surah Al-Baqarah, 228). There is no disagreement between the jurists of the ancients and the later ones over the application of the name qur' to the month of purity and to the menses: had the term not borne both, the ancients would not have interpreted it so, being masters of the language and of the meaning of names; as one of the two groups interpreted it by the menses and the other by the purities, we know the name applies to both; all the more so as this disagreement was widespread among them without anyone rejecting his opponent's view, which proves that the term bears both senses and that interpretive effort therein is legitimate (1). Ibn Battal (may Allah have mercy on him) said: « The people of language did not disagree: the Arabs call the menses qur', call the month of purity qur', and call the time joining menses and purity qur'. The term bearing these senses in the language, proof must therefore be sought of what Allah intends by His word "three qur'" » (Sharh Sahih al-Bukhari of Ibn Battal, 7/487). The jurists of the four schools disagreed over the qur' required of the divorced woman: menses or purities? And accordingly they disagreed over the moment at which the divorced woman is distinguished from her husband, after which the return is no longer possible.

The import of the disagreement: whoever holds the qur' to be purity judges that upon her entry into the third menstruation her 'iddah is finished and she becomes lawful to husbands: the madhhab of the Malikis and Shafi'is. Whoever holds the qur' to be the menses, the Hanafis and Hanbalis, judges that her husband may take her back so long as she has not washed from her third menstruation; after the major ablution, the return is cut off: the ruling of the pure has been established therein, namely the permission of prayer. Here is the detail. The Hanafis and the Hanbalis (of the madhhab) hold that the intended qur' is the menses: the man who divorces his consummated wife counts three menses, excluding the menses of the divorce if he divorced her during her menses; after the major ablution from the third menstruation, her 'iddah is finished and she becomes lawful to husbands. This is reported from Abu Bakr as-Siddiq, Umar ibn al-Khattab, Ali ibn Abi Talib, Abdallah ibn Mas'ud, Abu Musa al-Ash'ari, Mu'adh ibn Jabal, Abu ad-Darda', Ubadah ibn as-Samit and Ibn Abbas (may Allah be pleased with them), and from a group of Successors of the Hijaz, Syria and Iraq: the divorced woman does not become lawful to husbands until after the major ablution from the third menstruation. The proof that the qur' is the menses is the Prophet's word (peace be upon him):

« The 'iddah of the slave girl is two menses. »Weak hadith: reported by Abu Dawud (2189), at-Tirmidhi (1182) and Ibn Majah (2079)

The slave girl does not differ from the free woman in the nature of what produces the 'iddah, but in the number; Allah affirmed the number three and the plural: « three » designates a defined quantity that designates neither more nor less; applying it to purities would amount to using it for what is less, namely two purities and part of the third: contradiction; the full plural being the triple, which is its reality. Urwah ibn az-Zubayr reported that Fatimah bint Abi Hubaysh told him she came to the Messenger of Allah (peace be upon him) complaining of blood:

« That is only a vein. Watch: when your qur' comes, cease praying; then, when the qur' has passed, wash and pray between the two qur'. »Sound hadith: reported by Abu Dawud (280), an-Nasa'i (211), Ibn Majah (620) and Ahmad (27671)

He also said: « The woman with continuous flow suspends prayer on the days of her qur', then washes and performs ablution for every prayer, fasts and prays » (sound hadith: reported by Abu Dawud (297), at-Tirmidhi (126) and Ibn Majah (625)): the Prophet (peace be upon him) thus made the menses a qur'. Alqamah reported from Abdallah ibn Mas'ud (may Allah be pleased with him): « I was with Umar (may Allah be pleased with him) when a man came with a woman. The man said: I divorced my wife then took her back. She said: what prevents me from saying what happened: he divorced me, left me until my third menstruation, the blood ceased, I closed my door, prepared my major ablution and removed my garments; he then knocked at the door and said: I have taken you back. Umar said: speak on her behalf, O son of a slave's mother. I said: I see the return valid so long as prayer is not lawful for her. Umar said: had you said otherwise, I would not have deemed it right. » Makhul reported that Abu Bakr, Umar, Ali, Ibn Mas'ud, Abu ad-Darda', Ubadah ibn as-Samit and Abdallah ibn Qays al-Ash'ari (may Allah be pleased with them) « said, regarding the man who divorces his wife once or twice, that he is more entitled to her so long as she has not washed from her third menstruation; he inherits from her and she from him so long as she is in the 'iddah ». The name qur' applies to the menses: women are called "possessed of qur'" only while menstruating. Hence, if divorced during a menstruation, she does not count it as a qur', being required to count three. Allah said: « Those of your women who have despaired of menstruation, if you doubt, their term is three months; and likewise those who have not yet menstruated » (Surah At-Talaq, 4): each month is set against a menstruation, and the ruling is tied to the absence of menses, not to the absence of purity. And the Prophet (peace be upon him) said regarding the captives of Awtas:

« Let not the pregnant woman be approached until she gives birth; nor the one not pregnant until she has menstruated once. »Sound hadith: reported by Abu Dawud (2157), ad-Darimi (2295), Ahmad (3/62) and al-Bayhaqi (5/329)

Moreover, the primary purpose of the 'iddah is the purification of the womb (istibra'), though it has other benefits; and in honor of the married free woman and as a precaution, the proof of her womb's purity was fixed at three qur'. Were the qur' purity, the first qur' would prove nothing: if the man has intercourse with her in a month of purity, divorces her, then she menstruates, that month counts as a qur' among those who say "the qur' are the purities", while it proves nothing; what proves purity is the menstruation occurring after the divorce. If he divorces her in a month of purity without menstruation in that month, the womb's purity is known here only from the menstruation preceding the divorce; yet the 'iddah cannot exist before the divorce, being its effect, and the effect does not precede its cause. The month of purity after the divorce, devoid of probative value on purity, therefore cannot enter the count of the periods proving the womb's purity: it is like an inadmissible witness, and a ruling is not suspended upon the testimony of a witness without testimony. Clarification: the wife's 'iddah is like the slave girl's istibra'; and the explicit Sunnah established that the istibra' is by menses, not by purity: the same applies to the 'iddah, no difference between them except the plurality of the 'iddah and the fact that the istibra' suffices with a single qur'. The majority hold that the istibra' is counted by a menstruation, not by a purity; and the slave girl's istibra' stands to the free woman as her 'iddah. The free woman's counting by menses is stronger than the slave girl's on two counts: the first: precaution is established therein by repeating the qur' three times in three istibra's, so her counting should be by menses, more precautionary than purity: the remainder of a menstruation does not count as a qur', while the remainder of a month of purity counts as one; the second: the slave girl's istibra' is a branch of the free woman's 'iddah, established by the text of the Qur'an, while the istibra' is established only by the Sunnah: if the Lawgiver took precaution to fix it by menses, all the more the free woman's 'iddah: the free woman's 'iddah is her istibra', and the slave girl's istibra' is her 'iddah. Moreover, signs, markers, delimitations and bounds are obtained only through manifest things distinct from their opposite; purity is the original state: so long as it continues, no ruling singles it out in the Law; the distinct thing is menstruation: as soon as she menstruates, her rulings change (majority, prohibition of prayer, fasting, tawaf, remaining in the mosque and other rulings); then, the blood ceased and the major ablution performed, her rulings do not change through the renewal of purity, but through the disappearance of the changer, namely the menses: after purity she returns to her prior state, without purity creating a new ruling. The qur' is a thing that changes the woman's rulings: that change is obtained only by the menses. This path thus proves the corruption of the view of whoever counts as a qur' the month of purity preceding the menstruation when the woman is divorced before having menstruated and then menstruates: counting that month as a qur' amounts to making a qur' of a thing with no ruling in the Law, which is corrupt (1).

The Hanafis, however, said: if her days of menses are ten, their maximum, the return is not valid: she becomes lawful to husbands at the cessation of the blood of the third menstruation, even without major ablution; the menses cannot exceed ten days, so at cessation she leaves menstruation: the 'iddah expires and the return is cut off. If the blood ceases in less than ten days, the return does not cease before the major ablution: below ten days the blood's return is possible: these would be menses by persistence of the period: the major ablution is therefore necessary; or because she must be subject to a ruling of the pure: if the time of a prayer elapses, it becomes a debt upon her responsibility, and such a debt is owed only by the pure. That is when the blood ceases at the start of the time; if it ceases at the end of the time, the nearest moment in which she can wash and form the intention is considered, or she performs tayammum and prays during that time, even a supererogatory prayer, if she is traveling or for an excuse, according to Abu Hanifah and Abu Yusuf. Muhammad said: if she performs tayammum for an excuse, the return is cut off even without praying (1). It is reported from Imam Ahmad (may Allah have mercy on him) that she remains in her 'iddah, and her husband in his right of return, until the time of the prayer in which she purified elapses; another narration from him: her 'iddah expires upon her purification from the third menstruation, without requiring the major ablution. The apparent madhhab among the Hanbalis: he has the right of return so long as she has not washed, even if she neglects the major ablution for years; the judge Sharik went as far as twenty years, az-Zarkashi saying: « this is the apparent of al-Khirqi's word and of a group. End of quotation »; for intercourse with the wife during her major ablution from the menses is unlawful, the effect of the menses remaining therein, preventing intercourse as the menses do: what prevents like the menses must prevent what they prevent and require what they require, before and after the cessation of the blood; she is thus not lawful to husbands before the major ablution from the third menstruation. As for the other rulings, the cutting of inheritance, divorce, li'an, maintenance and others, they are obtained by the cessation of the blood (1).

The Malikis, the Shafi'is and Imam Ahmad (in one narration) hold that the qur' intended in His word « three qur' » (Surah Al-Baqarah, 228) are the purities, that is, the time of purity between two menstruations, called qur'; this is reported from Dawud ibn Ali and Ibn Hazm; it is the view of Aisha, Zayd ibn Thabit and Abdallah ibn Umar; reported also from Ibn Abbas; al-Qasim, Salim, Aban ibn Uthman, Abu Bakr ibn Abd ar-Rahman, Sulayman ibn Yasar, Urwah ibn az-Zubayr, Umar ibn Abd al-Aziz, Ibn Shihab, Rabi'ah and Yahya ibn Sa'id said it: « the qur' are the purities ». The divorced woman thus becomes lawful to husbands and leaves her 'iddah upon entering the blood of the third menstruation, according to the correct view; it has been said: it does not expire until a day and a night have passed. Whether there remains of the divorce's month of purity a day, less, more, an hour or an instant, the woman counts it as a qur', by His word: « Divorce them for their waiting period » (Surah At-Talaq, 1), that is, within their 'iddah; it is part of their 'iddah only by counting it; divorce was set in purity, to the exclusion of the menses, only so as not to harm them by lengthening the 'iddah: were the remainder of purity not counted, the 'iddah of the woman divorced in that month would not be completed in three qur'. The purpose of purity is the entry of blood upon it, which announces the womb's health: the duration of purity avails nothing. The Prophet (peace be upon him) permitted divorcing the pure woman without intercourse, without specifying the beginning or the end of purity, as in the hadith of Ibn Umar (may Allah be pleased with them both): « when she purifies, let him divorce her if he wills, or keep her »: he did not single out the beginning of purity over its end; had there been a difference, he would have clarified it, he who expounds Allah's intent, having conveyed and not concealed. Its meaning is moreover known from the Arabic tongue: "I gathered the water in the basin", and "she joined the Qur'an", that is, she united its parts with her tongue. Another proof is the hadith of Ibn Umar: the Prophet (peace be upon him), having ordered him to divorce his wife in purity, fixed the 'iddah saying: « such is the 'iddah for which Allah ordained that women be divorced », and forbade him divorcing during the menses, excluding it from the count of the 'iddah: the qur' are therefore the purities. The hadiths of the Companions who say "the qur' are the purities" have sound chains: the hadith of Aisha is reported by Ibn Shihab from Urwah and others from Aisha (may Allah be pleased with her): « the qur' are the purities »; the hadith of Zayd ibn Thabit (may Allah be pleased with him): « when she enters the blood of the third menstruation, she is cleared of him and he of her: she does not inherit from him and he does not inherit from her »; the hadith of Ibn Umar, which Malik reported from Nafi' (may Allah be pleased with them both): « when he divorces his wife and she enters the blood of the third menstruation, she is cleared of him and he of her: she does not inherit from him and he does not inherit from her »; Ibn Umar reports the hadith of the Prophet (peace be upon him): « such is the 'iddah for which Allah ordained that women be divorced »; the story befell him, having divorced his wife during her menses: he is therefore the most knowledgeable therein, with him Zayd ibn Thabit, Aisha and the majority of the Successors of Medina; added to this is the proof of the Prophet's hadith (peace be upon him), a decisive proof in case of dispute. The Companions (may Allah be pleased with them) disagreed over this issue: the word of Aisha and Ibn Umar must be preferred; Aisha knows the state of menstruation better through what is proper to her of women's affairs and her closeness to the Messenger of Allah (peace be upon him); Ibn Umar experienced the divorce during the menses and what befell him therein: he is the most knowledgeable. They agreed that the sunnah divorce consists in divorcing the pure woman without intercourse, and that every woman in 'iddah, from divorce or death, counts her 'iddah from the hour of her divorce or her husband's death: proof that the qur' are the purities, not the menses; for those who say "the menses" hold that she does not count until the menstruation following the month of purity of the divorce: they impose upon her three qur' and more still, contrary to the Book and the Sunnah, and they are compelled to assert that before this menstruation she is in no 'iddah, contrary to the apparent sense of Allah's word: « Divorce them for their waiting period » and the Prophet's word (peace be upon him): « such is the 'iddah for which Allah ordained that women be divorced ». On this basis: if he divorces her pure, her 'iddah expires upon seeing the blood of the third menstruation, according to the correct view; among the Shafi'is and Hanbalis one view requires a day and a night after entry into the third menstruation, and after entry into the following menstruation likewise, the existence of menstrual blood not being confirmed otherwise. If he divorces her during her menses, even if hardly an instant of her menses time remained, her 'iddah expires upon entry into a fourth menstruation: what remains of the menstruation never counts as a qur' (1).

Ibn Qudamah (may Allah have mercy on him) said: « If we say "the qur' are the purities" and he divorces her pure, her 'iddah expires upon seeing the blood of the third menstruation; if he divorces her during the menses, her 'iddah expires upon seeing the blood of the fourth. The view of Zayd ibn Thabit, Ibn Umar, Aisha, al-Qasim ibn Muhammad, Salim ibn Abdallah, Aban ibn Uthman, Malik and Abu Thawr: it is the apparent of ash-Shafi'i's madhhab. Another view is reported from him: the 'iddah does not expire until the time of the blood has elapsed a day and a night, the blood possibly being blood of corruption: we do not judge the 'iddah expired so long as the possibility remains; the judge reported this possibility in our madhhab too. In our defense: Allah fixed the 'iddah at three qur': contradicting it is contrary to the text, no reliance is placed on it; it is the view of those we named among the Companions, reported by al-Athram with his chain. The wording of Zayd ibn Thabit's hadith: "when she enters the blood of the third menstruation, she is cleared of him and he of her: she does not inherit from him and he does not inherit from her". To those who say "the blood may be blood of corruption" we answer: it was ruled menstruation by the suspension of prayer, the prohibition to the husband and the rest of the rulings of the menses: the same applies to the expiry of the 'iddah. And if one refrains from judging the expiry as a precaution, once it is established that it is menstruation, we know the 'iddah expired at the moment she saw the blood. As if one said to her: "if you menstruate, you are divorced": the holders of this formula disagreed: some: that day and night are part of the 'iddah, being blood that completes it: they are of it, like (the blood occurring) amid the purities; others: they are not part of it: they merely reveal its expiry; for making them part of it would impose an addition upon the three qur'. We nevertheless prevent her from marrying until a day and a night have passed; and if her husband takes her back during that time, the return is not valid: this is the more correct of the two views » (1).

Imam Ibn Rushd (may Allah have mercy on him) said: « They disagreed, from this verse, over what the qur' are. Some: they are the purities, that is, the periods between the two periods of blood. Others: it is the blood itself. Among those who say "the qur' are the purities": among the jurists of the lands, Malik, ash-Shafi'i, the majority of the people of Medina and Abu Thawr; among the Companions: Ibn Umar, Zayd ibn Thabit and Aisha. Among those who say "the qur' are the menses": among the jurists of the lands, Abu Hanifah, ath-Thawri, al-Awza'i, Ibn Abi Layla and others; among the Companions: Ali, Umar ibn al-Khattab, Ibn Mas'ud and Abu Musa al-Ash'ari. Al-Athram reported from Ahmad that the senior ones among the Companions of the Messenger of Allah (peace be upon him) say: "the qur' are the menses"; he also reports from ash-Sha'bi that it is the view of eleven or twelve Companions of the Messenger of Allah (peace be upon him). As for Ahmad ibn Hanbal, the narrations about him differ: he is reported to have said "they are the purities", following Zayd ibn Thabit, Ibn Umar and Aisha; then he halted today on account of the view of Ibn Mas'ud and Ali: "they are the menses". The difference between the two madhhabs: whoever holds the purities judges that the revocably divorced woman, upon entering the third menstruation, has no return for her husband and becomes lawful to husbands; whoever holds the menses judges she does not become lawful until the third menstruation ends. The cause of the disagreement is the shared name qur': in Arabic it designates equally the blood and the purities. Both groups claimed the name qur' in the verse is explicit of one of the senses. Those who say "the purities" said: this plural is specific to the qur' that is purity, for the qur' that is menstruation forms its plural differently, according to Ibn al-Anbari; moreover, menstruation is feminine and purity masculine: were the intended qur' the menstruation, the ha would not stand in its plural below ten; derivation proves it too: the qur' derives from "I gathered the water in the basin", so the time of the blood's gathering is the time of purity: such is the strongest hold of the purities' partisans upon the verse's apparent sense. As for the hold of the menses' partisans: His word "three qur'" is explicit of the completion of every qur' among them, the name qur' being said of a part only by way of concession; were the qur' the purities, the 'iddah might consist of two qur' and part of a qur', since they count the divorce's month of purity even if mostly elapsed: the name "three" would then apply only by way of concession, whereas it is explicit of the completion of every qur', which holds only if the qur' are the menses, consensus being established that the woman divorced during a menstruation does not count it. Each of the two groups has equal arguments regarding the term qur', and the experts accepted that the verse is ambiguous therein and that proof must be sought elsewhere. The strongest hold of those who say "the purities" is the hadith of Ibn Umar cited earlier:

« Order him to return to her, then let her menstruate and purify herself, then let her menstruate and purify herself, then let him divorce her, if he wills, before touching her: such is the 'iddah for which Allah ordained that women be divorced. »Hadith of Ibn Umar, reported notably by Malik in the Muwatta

They add their agreement that the sunnah divorce occurs only in a month of purity without intercourse, and that His word « such is the 'iddah for which Allah ordained that women be divorced » clearly proves the 'iddah is the purities, so that the divorce be contiguous to the 'iddah; « such is the 'iddah » may be interpreted as: such is the moment of entering the 'iddah, so that the qur' not be fragmented by divorce during the menses. The strongest hold of the menses' partisans: the 'iddah was instituted only for the womb's purity, obtained only by the menses, not by the purities: hence the 'iddah of her whose menses have lifted is counted in days; the menses are thus the cause of the 'iddah by the qur', and the qur' must be the menses. Those who say "the purities" objected: what is considered for the womb's purity is the passage from purity to menses, not the end of the menses: the last menstruation therefore has no meaning; the three periods whose completion is required are the purities between the menstruations. Each of the two groups has its long arguments. The Hanafi madhhab is more apparent on the side of meaning, and their proofs on the side of tradition are equal or nearly so. The purities' partisans do not disagree: the 'iddah expires upon entering the third menstruation. The menses' partisans disagreed: some: it expires at the cessation of the blood of the third menstruation, al-Awza'i's view; others: upon her washing from the third menstruation, the view of Umar ibn al-Khattab, Ali and Ibn Mas'ud among the Companions, and of ath-Thawri and Ishaq ibn Ubayd among the jurists; others: when the time of the prayer in which she purified elapses; others: the husband has the right of return even if she neglects the major ablution twenty years: reported from Sharik; it has also been said: it expires upon entering the third menstruation: an aberrant view » (1).

References: Ahkam al-Qur'an of al-Jassas (2/55-56); Sharh Sahih al-Bukhari of Ibn Battal (7/487); Abu Dawud (2189); at-Tirmidhi (1182); Ibn Majah (2079); Abu Dawud (280); an-Nasa'i (211); Ibn Majah (620); Ahmad (27671); Abu Dawud (297); at-Tirmidhi (126); Ibn Majah (625); Abu Dawud (2157); ad-Darimi (2295); Ahmad (3/62); al-Bayhaqi (5/329); Zad al-ma'ad (5/611-615); Kashshaf al-qina' (5/399); Sharh Muntaha al-iradat (5/509); Matalib uli an-nuha (5/480); Bada'i' as-sana'i' (3/183-184); Al-Jawharah an-nayyirah (4/482-483); Al-Ikhtiyar (3/183); Sharh Fath al-Qadir (4/308); Tibyin al-haqa'iq (3/26-27); Al-Lubab (2/101); Al-Mughni (8/83-84); Majmu' al-fatawa (20/479); Ar-Rawd al-murbi' (2/412); Manar as-sabil (3/122); At-Tamhid (15/92-100); Al-Istidhkar (6/149-151); Al-Ishraf (5/382-383); Al-Ma'unah (1/621); Iqd al-jawahir ath-thaminah (2/572); At-Taj wa-l-iklil (3/171); Sharh mukhtasar Khalil (4/137); Ash-Sharh al-kabir with the hashiyah of ad-Dasuqi (3/412-413); Sharh Sahih Muslim (10/62-63); Rawdat at-talibin (5/700-702); An-Najm al-wahhaj (8/125-126); Maghni al-muhtaj (5/84-85); Ad-Dibaj (3/551); Al-Mughni (8/48); Al-Kafi (3/204); Bidayat al-mujtahid (2/67-68).