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The question

How can the Prophet’s marriage to Lady Sawda, considering her advanced age and her care for her children, be reconciled with his alleged desire to divorce her for the same reason? And do these narrations align with the noble verse: "And if a woman fears from her husband ill-treatment or desertion, there is no sin upon them if they make terms of peace between themselves"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The questioner conflates the story of Umm al-Mu'minin Sawdah bint Zam'ah giving up her day to 'Aishah for fear of divorce, with the story of Umm Salamah apologizing due to her old age, being a nursing mother, and her jealousy, when she married the Prophet.

The woman whom the Prophet married while she was "a mother with children" was Umm Salamah. The Prophet did not divorce Umm Salamah; rather, he intended to divorce Sawdah. Divorce is permissible for the Prophet, just as it is for other Muslims.

The verse in Surat an-Nisa' mentions the fear of nushuz (disobedience/rebellion) and turning away, which primarily refers to the fear of divorce (warning about the lesser to indicate the greater). The verse guides the wife to initiate reconciliation when signs of nushuz and turning away appear, before the matter escalates. "And reconciliation is better" meaning better than separation and divorce.

The nushuz and turning away that necessitates reconciliation is "permanent nushuz and continuous turning away." Reconciliation involves the woman relinquishing some of her rights (like maintenance or lodging), or the man giving her something in return for her patience. Reconciliation in this case is better than complete separation, as the marriage contract remains with the woman staying under the man's authority.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
96414
Imported
Translation status
Source text, unreviewed
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