Yahya related to me from Malik that he had heard that a
man said to Abdullah ibn Abbas, "I have divorced my wife
by saying I divorce you a hundred times. What do you think
my situation is?" Ibn Abbas said to him, "She was divorced
from you by three pronouncements, and by the ninety-seven,
you have mocked the ayat of Allah."
Yahya related to me from Malik that he had heard that a
man came to Abdullah ibn Masud and said, "I have divorced
my wife by saying I divorce you eight times." Ibn Masud
said to him, "What have people told you?" He replied, "I
have been told that I have to part absolutely from her."
Ibn Masud said, "They have spoken the truth. A person who
divorces as Allah has commanded, Allah makes it clear for
him, and a person who obscures himself in error, we make
stay by his error. So do not confuse yourselves and pull
us into your confusion. It is as they have said."
Yahya related to me from Malik from Yahya ibn Said from
Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him
what people said about the 'irrevocable' divorce, and Abu
Bakr had replied that Aban ibn Uthman had clarified that
it was declared only once. Umar ibn Abd al-Aziz said,
"Even if divorce had to be declared a thousand times,
the'irrevocable' would use them all up. A person who says,
'irrevocably' has cast the furthest limit."
Yahya related to me from Malik from Ibn Shihab that
Marwan ibn al-Hakam decided that if someone made three
pronouncements of divorce, he had divorced his wife
irrevocably.
Malik said, "That is what I like best of what I have
heard on the subject."
Yahya related to me from Malik that he had heard that
Umar ibn al-Khattab had heard in a letter from Iraq that a
man said to his wife, "Your rein is on your withers (i.e.
you have free rein)." Umar ibn al-Khattab wrote to his
governor to order the man to come to him at Makka at the
time of hajj. While Umar was doing tawaf around the House,
a man met him and greeted him. Umar asked him who he was,
and he replied that he was the man that he had ordered to
be brought to him. Umar said to him, "I ask you by the
Lord of this building, what did you mean by your
statement, 'Your rein is on your withers.'?" The man
replied, "Had you made me swear by other than this place,
I would not have told you the truth. I intended separation
by that." Umar ibn al- Khattab said, "It is what you
intended."
Yahya related to me from Malik that he had heard that
Ali ibn Abi Talib used to say that if a man said to his
wife, "You are haram for me," it counted as three
pronouncements of divorce.
Malik said, "That is the best of what I have heard on
the subject."
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar said that statements like "I cut myself off from
you",or"You are abandoned", were considered as three
pronouncements of divorce.
Malik said that any strong statements such as these or
others were considered as three pronouncements of divorce
for a woman whose marriage had been consummated. In the
case of a woman whose marriage had not been consummated,
the man was asked to make an oath on his deen, as to
whether he had intended one or three pronouncements of
divorce. If he had intended one pronouncement, he was
asked to make an oath by Allah to confirm it, and he
became a suitor among other suitors, because a woman whose
marriage had been consummated, required three
pronouncements of divorce to make her inaccessible for the
husband, whilst only one pronouncement was needed to make
a woman whose marriage had not been consummated
inaccessible.
Malik added, "That is the best of what I have heard
about the matter."
Yahya related to me from Malik from Yahya ibn Said from
al-Qasim ibn Muhammad that a certain man had taken a
slave-girl belonging to somebody else as a wife. He said
to her people, "She is your concern," and people
considered that to be one pronouncement of divorce.
Yahya related to me from Malik that he heard Ibn Shihab
say that if a man said to his wife, "You are free of me,
and I am free of you, " it counted as three pronouncements
of divorce as if it were an 'irrevocable' divorce.
Malik said that if a man made any strong statement such
as these to his wife, it counted as three pronouncements
of divorce for a woman whose marriage had been
consummated, or it was written as one of three for a woman
whose marriage had not been consummated, whichever the man
wished. If he said he intended only one divorce he swore
to it and he became one of the suitors because, whereas a
woman whose marriage had been consummated was made
inaccessible by three pronouncements of divorce, the woman
whose marriage had not been consummated was made
inaccessible by only one pronouncement.
Malik said, "That is the best of what I have heard."
Section: What is Clear about Giving Wives Right of
Divorce
Yahya related to me from Malik that he had heard that a
man came to Abdullah ibn Umar, and said, "Abu Abd
ar-Rahman! I placed the command of my wife in her hand,
and she divorced herself, what do you think?" Abdullah ibn
Umar said, "I think that it is as she said." The man said,
"Don't do it, Abu Abd ar-Rahman!" Ibn Umar said, "You did
it, it has nothing to do with me."
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar said, "When a man gives a woman command over
herself, then the result is as she decides unless he
denies it and says that he only meant to give her one
divorce and he swears to it - then he has access to her
while she is in her idda."
Section: Circumstances in Which only One Pronouncement
of Divorce Permitted in Giving Wives Right of Divorce
Yahya related to me from Malik from Said ibn Sulayman
ibn Zayd ibn Thabit that Kharija ibn Zayd ibn Thabit told
him that he was sitting with Zayd ibn Thabit when Muhammad
ibn Abi Atiq came to him with his eyes brimming with
tears. Zayd asked him what the matter was. He said, "I
gave my wife command of herself, and she separated from
me." Zayd said to him, "What made you do that?" He said,
"The Decree." Zayd said, "Return to her if you wish for it
is only one pronouncement, and you have access to her."
Yahya related to me from Malik from Abd ar-Rahman ibn
al-Qasim from his father that a man of Thaqif gave his
wife command over herself, and she said, "You are
divorced." He was silent. She said, "You are divorced." He
said, "May a stone be in your mouth." She said, "You are
divorced." He said, "May a stone be in your mouth." They
argued and went to Marwan ibn al-Hakam. He took an oath
that he had only given her control over one pronouncement,
and then she returned to him.
Malik said that Abd ar-Rahman declared that this
decision had amazed al-Qasim, who thought it the best that
he had heard on the subject.
Malik added, "That is also the best of what I have
heard on the subject."
Section: What is Not Clear in Giving Wives Right of
Divorce
Yahya related to me from Malik from Abd ar-Rahman ibn
al-Qasim from his father that A'isha, umm al-muminin,
proposed to Qurayba bint Abi Umayya on behalf of Abd
ar-Rahman ibn Abi Bakr. They married her to him and her
people found fault with Abd ar-Rahman and said, "We only
gave in marriage because of A'isha." A'isha therefore sent
for Abd ar-Rahman and told him about it. He gave Qurayba
authority over herself and she chose her husband and so
there was no divorce.
Yahya related to me from Malik from Abd ar-Rahman ibn
al-Qasim from his father that A'isha, the wife of the
Prophet, may Allah bless him and grant him peace, gave
Hafsa bint Abd arRahman in marriage to al-Mundhir ibn
az-Zubayr while Abd ar-Rahman was away in Syria. When Abd
ar-Rahman arrived, he said, "Shall someone like me have
this done to him? Am I the kind of man to have something
done to him without his consent?" A'isha spoke to al-Mundhir
ibn az-Zubayr, and al-Mundhir said, "It is in the hands of
Abd ar-Rahman." Abd ar-Rahman said, "I won't oppose
something that you have already completed." Hafsa was
confirmed with al-Mundhir, and there was no divorce.
Yahya related to me from Malik that he had heard that
Abdullah ibn Umar and Abu Hurayra were asked about a man
who gave his wife power over herself, and she returned it
to him without doing anything with it. They said that
there was no divorce. (i.e. The man's giving his wife
power over herself was not interpreted as a desire for
divorce on his part.)
Yahya related to me from Malik from Yahya ibn Said that
Said ibn al-Musayyab said, "If a man gives his wife
authority over herself, and she does not separate from him
and remains with him, there is no divorce."
Malik said that a woman whose husband gave her power
over herself and they separated while she was unwilling,
had no power to revoke the divorce. She only had power
over herself as long as they remained together.
Section: Annulment of Marriage by Husband's Vow to
Refrain from Intercourse (Ila)
Yahya related to me from Malik from Jafar ibn Muhammad
from his father that Ali ibn Abi Talib said, "When a man
takes a vow to abstain from intercourse, divorce does not
occur immediately. If four months pass, he must declare
his intent and either he is divorced or he revokes his vow
. "
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar said, "When a man makes a vow to abstain from
intercourse with his wife and four months have passed he
must declare his intent and either he is divorced or he
revokes his vow. Divorce does not occur until four months
have passed and he continues to abstain."
Yahya related to me from Malik from Ibn Shihab that
Said al-Musayyab and Abu Bakr ibn Abd ar-Rahman said about
a man who made a vow to abstain from intercourse with his
wife, "If four months pass it is a divorce. The husband
can go back to his wife as long as she is in her idda."
Yahya related to me from Malik that he had heard that
Marwan ibn al-Hakam decided about a man who had made a vow
to abstain from intercourse with his wife, that when four
months had passed, it was a divorce and he could return to
her as long as she was in her idda.
Malik added, "That was also the opinion of Ibn Shihab."
Malik said that if a man made a vow to abstain from
intercourse with his wife and at the end of four months he
declared his intent to continue to abstain, he was
divorced. He could go back to his wife, but if he did not
have intercourse with her before the end of her idda, he
had no access to her and he could not go back to her
unless he had an excuse - illness, imprisonment, or a
similar excuse. His return to her maintained her as his
wife. If her idda passed and then he married her after
that and did not have intercourse with her until four
months had passed and he declared his intent to continue
to abstain, divorce was applied to him by the first vow.
If four months passed, and he had not returned to her, he
had no idda against her nor access because he had married
her and then divorced her before touching her.
Malik said that a man who made a vow to abstain from
intercourse with his wife and continued to abstain after
four months and so divorced her, but then returned and did
not touch her and four months were completed before her
idda was completed, did not have to declare his intent and
divorce did not befall him. If he had intercourse with her
before the end of her idda, he was entitled to her. If her
idda passed before he had intercourse with her, he had no
access to her. This is what Malik preferred of what he had
heard on the subject.
Malik said that if a man made a vow to abstain from
intercourse with his wife and then divorced her, and the
four months of the vow were completed before completion of
the idda of the divorce, it counted as two pronouncements
of divorce. If he declared his intention to continue to
abstain and the idda of the divorce finished before the
four months the vow of abstention was not a divorce. That
was because the four months had passed and she was not his
on that day.
Malik said, "If someone makes a vow not to have
intercourse with his wife for a day or a month and then
waits until more than four months have passed, it is not
ila. Ila only applies to someone who vows more than four
months. As for the one who vows not to have intercourse
with his wife for four months or less than that, I do not
think that it is ila because when the term enters into it
at which it stops, he comes out of his oath and he does
not have to declare his intention."
Malik said, "If someone vows to his wife not to have
intercourse with her until her child has been weaned, that
is not ila. I have heard that Ali ibn Abi Talib was asked
about that and he did not think that it was ila."
Yahya related to me from Malik that he had asked Ibn
Shihab about the ila of the slave. He said that it was
like the ila of the free man, and it put an obligation on
him. The ila of the slave was two months.
Yahya related to me from Malik from Said ibn Amr ibn
Sulaym az-Zuraqi that he asked al-Qasim ibn Muhammad about
a man who made divorce conditional on his marrying a woman
i.e. if he married her he would automatically divorce her.
Al-Qasim ibn Muhammad said, "If a man marries a woman whom
he has made as his mother's back, i.e. has made haram for
him, Umar ibn al-Khattab ordered him not to go near her if
he married her until he had done the kaffara for
pronouncing dhihar."
Yahya related to me from Malik that he had heard that a
man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar
about a man who pronounced dhihar from his wife before he
had married her. They said, "If he marries her, he must
not touch her until he has done the kaffara for
pronouncing dhihar."
Yahya related to me from Malik from Hisham ibn Urwa
that his father said that a man who pronounced a dhihar
from his four wives in one statement, had only to do one
kaffara. Yahya related the same as that to me from Malik
from Rabia ibn Abi Abd ar-Rahman.
Malik said, "That is what is done among us. Allah, the
Exalted said about the kaffara for pronouncing dhihar, 'It
is to free a slave before they touch one another. If he
does not find the means to do that, then fasting for two
consecutive months before they touch one another. If he
cannot do that, it is to feed sixty poor people. ' " (Sura
58 ayats 4,5).
Malik said that a man who pronounced dhihar from his
wife on various occasions had only to do one kaffara. If
he pronounced dhihar, and then did kaffara, and then
pronounced dhihar after he had done the kaffara, he had to
do kaffara again.
Malik said, "Some one who pronounces dhihar from his
wife and then has intercourse with her before he has done
kaffara, only has to do one kaffara. He must abstain from
her until he does kaffara and ask forgiveness of Allah.
That is the best of what I have heard. "
Malik said, "It is the same with dhihar using any
prohibited relations of fosterage and ancestry."
Malik said, "Women have no dhihar."
Malik said that he had heard that the commentary on the
word of Allah, the Blessed, the Exalted, "Those of you who
pronounce the dhihar about their wives, and then retract
what they have said," (Sura 56 ayat 3), was that a man
pronounced dhihar on his wife and then decided to keep her
and have intercourse with her. If he decided on that, he
must do kaffara. If he divorced her and did not decide to
retract his dhihar of her and to keep her and have
intercourse with her, there would be no kaffara incumbent
on him.
Maliksaid, "If he marries her after that, he does not
touch her until he has completed the kaffara of
pronouncing dhihar."
Malik said that if a man who pronounced dhihar from his
slave-girl wanted to have intercourse with her, he had to
do the kaffara of the dhihar before he could sleep with
her.
Malik said, "There is no ila in a man's dhihar unless
it is evident that he does not intend to retract his
dhihar."
Yahya related to me from Malik from Hisham ibn Urwa
that he heard a man ask Urwa ibn az-Zubayr about a man who
said to his wife, "Any woman I marry along with you as
long as you live will be like my mother's back to me."
Urwa ibn az-Zubayr said, "The freeing of slaves is enough
to release him from that."
ahya related to me from Malik that he asked Ibn Shihab
about the dhihar of a slave. He said, "It is like the
dhihar of a free man."
Malik said, "He meant that the same conditions were
applied in both cases."
Malik said, "The dhihar of the slave is incumbent on
him, and the fasting of the slave in the dhihar is two
months. "
Malik said that there was no ila for a slave who
pronounced a dhihar from his wife. That was because if he
were to fast the kaffara for pronouncing a dhihar, the
divorce of the ila would come to him before he had
finished the fast.
Section: The Option (of Slave-Girls Married to Slaves
when Freed)
Yahya related to me from Malik from Rabia ibn Abi Abd
ar-Rahman from al-Qasim ibn Muhammad that A'isha umm al-muminin,
said, "There were three sunnas established in connection
with Barira: firstly was that when she was set free she
was given her choice about her husband, secondly, the
Messenger of Allah, may Allah bless him and grant him
peace, said about her, 'The right of inheritance belongs
to the person who has set a person free,' thirdly, the
Messenger of Allah, may Allah bless him and grant him
peace, came in and there was a pot with meat on the boil.
Bread and condiments were brought to him from the stock of
the house. The Messenger of Allah, may Allah bless him and
grant him peace, said, 'Didn't I see a pot with meat in
it?' They said, 'Yes, Messenger of Allah. That is meat
which was given as sadaqa for Barira, and you do not eat
sadaqa.' The Messenger of Allah, may Allah bless him and
grant him peace, said, 'It is sadaqa for her, and it is a
gift for us.' "
ahya related to me from Malik from Nafi that Abdullah
ibn Umar said that a female slave who was the wife of a
slave and then was set free, had the right of choice as
long as he did not have intercourse with her.
Malik said, "If her husband has intercourse with her
and she claims that she did not know, she still has the
right of choice. If she is suspect and one does not
believe her claim of ignorance, then she has no choice
after he has had intercourse with her."
Yahya related to me from Malik from Ibn Shihab from
Urwa ibn az-Zubayr that a mawla of the tribe of Banu Adi
called Zabra told him that she had been the wife of a
slave when she was a slave-girl. Then she was set free and
she sent a message to Hafsa, the wife of the Prophet, may
Allah bless him and grant him peace. Hafsa called her and
said, "I will tell you something., but I would prefer that
you did not act upon it. You have authority over yourself
as long as your husband does not have intercourse with
you. If he has intercourse with you, you have no authority
at all." Therefore she pronounced her divorce from him
three times.
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab said that if a man married a woman,
and he was insane or had a physical defect, she had the
right of choice. If she wished she could stay, and if she
wished she could separate from him.
Malik said that if a slave-girl, who was the wife of a
slave, was set free before he had consummated the
marriage, and she chose herself, then she had no
bride-price and it was a pronouncement of divorce. That
was what was done among them.
Yahya related to me that Malik heard Ibn Shihab say,
"When a man gives his wife the right of choice, and she
chooses him, that is not divorce."
Malik added, "That is the best of what I have heard."
Malik said that if a woman who had been given the right
of choice by her husband chose herself, she was divorced
trebly. If her husband said, "But I only gave her the
right of choice in one," he had none of that. That was the
best of what he had heard.
Malik said, "If the man gives his wife the right of
choice and she says, 'I accept one', and he says, 'I did
not mean that, I have given the right of choice in all
three together,' then if she only accepts one, she remains
with him in her marriage, and that is not separation if
Allah, the Exalted wills."
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.
Yahya related to me from Malik from Nafi from a mawla
of Safiyya bint Abi Ubayd that she gave all that she
possessed to her husband as compensation for her divorce
from him, and Abdullah ibn Umar did not disapprove of
that.
Malik said that divorce was ratified for a woman who
ransomed herself from her husband, when it was known that
her husband was detrimental to her and was oppressive for
her, and it was known that he wronged her, and he had to
return her property to her. Malik added, "This is what I
have heard, and it is what is done among us."
Malik said, "There is no harm if a woman ransoms
herself from her husband for more than he gave her."
Section: Divorce of Men who Divorce for Compensation
Yahya related to me from Malik from Nafi that Rubayyi
bint Muawwidh ibn Afra came with her paternal uncle to
Abdullah ibn Umar and told him that she had divorced her
husband for a compensation in the time of Uthman ibn Affan,
and he heard about it and did not disapprove. Abdullah ibn
Umar said, "Her idda is the idda of a divorced woman."
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab
all said that a woman who divorced for a compensation had
the same idda as a divorced woman - three periods.
Malik said that a woman who ransomed herself could not
return to her husband except by a new marriage. If someone
married her and then separated from her before he had
intercourse with her, there was no idda against her from
the recent marriage, and she rested on her first idda.
Malik said, "That is the best that I have heard on the
matter."
Malik said, "If, when a woman offers to compensate her
husband, he divorces her straightaway, then that
compensation is confirmed for him. If he makes no
response, and then at a later date, does divorce her, he
is not entitled to that compensation."
Yahya related to me from Malik from Ibn Shihab that
Sahl ibn Sad as-Saidi told him that Uwaymir al-Ajlani came
to Asim ibn Adi al-Ansari and said to him, "Asim! What do
you think a man who finds another man with his wife should
do? Should he kill him and then be killed himself, or what
should .he do? Asim! ask the Messenger of Allah, may Allah
bless him and grant him peace, about that for me." Asim
asked the Messenger of Allah, may Allah bless him and
grant him peace, about it. The Messenger of Allah, may
Allah bless him and grant him peace, was revolted by the
questions and reproved them until what he heard from the
Messenger of Allah, may Allah bless him and grant him
peace. was intolerable for Asim. When Asim returned to his
people, Uwaymir came to him and said, " Asim! what did the
Messenger of Allah, may Allah bless him and grant him
peace, say to you?" Asim said to Uwaymir, "You didn't
bring me any good. The Messenger of Allah, may Allah bless
him and grant him peace, was revolted by the question
which I asked him." Uwaymir said, "By Allah! I will not
stop until I ask him about it!" Uwaymir stood up and went
to the Messenger of Allah, may Allah bless him and grant
him peace, in the middle of the people and said,
"Messenger of Allah! What do you think a man who finds
another man with his wife should do? Should he kill him
and then be killed himself, or what should he do?" The
Messenger of Allah, may Allah bless him and grant him
peace, said, "Something has been sent down about you and
your wife, so go and bring her."
Sahl continued, "They mutually cursed one another in
the presence of the Messenger, may Allah bless him and
grant him peace, and I was present with the people. When
they finished cursing each other, Uwaymir said, 'I shall
have lied about her, Messenger of Allah, if I keep her,'
and pronounced the divorce three times before the
Messenger of Allah, may Allah bless him and grant him
peace, ordered him to do it."
Malik said that Ibn Shihab said, "That was how the
sunna of a couple mutually cursing each other was
established (lian)."
Yahya related to me from Malik from Nafic from Abdullah
ibn Umar that a man cursed his wife in the time of the
Messenger of Allah, may Allah bless him and grant him
peace, and disowned her child. The Messenger of Allah, may
Allah bless him and grant him peace, separated them and
gave the child to the woman.
Malik said, "Allah the Blessed, the Exalted, said, 'The
testimony of men who accuse their wives but do not have
any witnesses except themselves is to testify by Allah
four times that he is being truthful, and a fifth time,
that the curse of Allah will be upon him, if he should be
a liar. She will avoid punishment if she testifies by
Allah four times that he is a liar, and a fifth time, that
the wrath of Allah shall be upon her, if he should be
telling the truth. ' "(Sura 24 ayat 6).
Malik said, "The sunna with us is that those who curse
each other are never to be remarried. If the man calls
himself a liar, (i.e. takes back his accusation), he is
flogged with the hadd-punishment, and the child is given
to him, and his wife can never return to him. There is no
doubt or dispute about this sunna among us. "
Malik said, "If a man separates from his wife by an
irrevocable divorce by which he cannot return to her, and
then he denies the paternity of the child she is carrying,
whilst she claims that he is the father, and it is
possible by the timing, that he be so, he must curse her,
and the child is not recognised as his."
Malik said, "That is what is done among us, and it is
what I have heard from the people of knowledge."
Malik said that a man who accused his wife after he had
divorced her trebly while she was pregnant, and he had at
first accepted being the father but then claimed that he
had seen her committing adultery before he separated from
her, was flogged with the hadd-punishment, and did not
curse her.
If he denied the paternity of her child after he had
divorced her trebly, and he had not previously accepted
it, then he cursed her.
Malik said, "This is what I have heard."
Malik said, "The slave is in the same position as the
free man as regards making accusations and invoking mutual
curses (lian). He acts in the lian as the free man acts
although there is no hadd applied for slandering a
female-slave."
Malik said, "The muslim slave-girl and the christian
and jewish free woman also do lian when a free muslim
marries one of them and has intercourse with her. That is
because Allah - may He be blessed and Exalted, said in His
Book, 'As for those who accuse their wives,' and they are
their wives. This is what is done among us.
Malik said that a man who did the lian with his wife,
and then stopped and called himself a liar after one or
two oaths and he had not cursed himself in the fifth one,
had to be flogged with the hadd-punishment, but they did
not have to be separated.
Malik said that if a man divorced his wife and then
after three months the woman said, "I am pregnant," and he
denied paternity, then he had to do lian.
Malik said that the husband of a female slave who
pronounced the lian on her and then bought her, was not to
have intercourse with her, even if he owned her. The sunna
which had been handed down about a couple who mutually
cursed each other in the lian was that they were never to
return to each other.
Malik said that when a man pronounced the lian against
his wife before he had consummated the marriage, she only
had half of the bride price.
Section: Inheritance of Children of Women against whom
Lian has been Pronounced
Yaha related to me from Malik that he had heard that
Urwa ibn az-Zubayr said that if the child of the woman
against whom lian had been pronounced or the child of
fornication, died, his mother inherited from him her right
in the Book of Allah the Exalted, and his maternal
half-brothers had their rights. The rest was inherited by
the owners of his mother's wala' if she was a freed slave.
If she was an ordinary free woman, she inherited her
right, his maternal brothers inherited their rights, and
the rest went to the muslims.
Malik said,"I heard the same as that from Sulayman ibn
Yasar, and it is what I saw the people of knowledge in our
city doing."
Yahya related to me from Malik from Ibn Shihab from
Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn
Iyas ibn al-Bukayr said, "A man divorced his wife three
times before he had consummated the marriage, and then it
seemed good to him to marry her. Therefore, he wanted an
opinion, and I went with him to ask Abdullah ibn Abbas and
Abu Hurayra on his behalf about it, and they said, 'We do
not think that you should marry her until she has married
another husband.' He protested that his divorcing her had
been only once. Ibn Abbas said, 'You threw away what you
had of blessing.' "
Yahya related to me from Malik from Yahya ibn Said from
Bukayr ibn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash
al Ansari from Ata ibn Yasar that a man came and asked
Abdullah ibn Amr ibn al-As about a man who divorced his
wife three times before he had had intercourse with her
Ata said, "The divorce of the virgin is one. Abdullah ibn
Amr ibn al-As said to me, 'You say one pronouncement
separates her and three makes her haram until she has
married another husband.' "
Yahya related to me from Malik from Yahya ibn Said that
Bukayr ibn Abdullah al-Ashajj informed him that Muawiya
ibn Abi Ayyash al-Ansari told him that he was sitting with
Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab
when Muhammad ibn Iyas ibn al-Bukayr came up to them and
said, "A man from the desert has divorced his wife three
times before consummating the marriage, what do you
think?" Abdullah ibn az-Zubayr said "This is something
about which we have no statement. Go to Abdullah ibn Abbas
and Abu Hurayra. I left them with A'isha. Ask them and
then come and tell us." He went and asked them. Ibn Abbas
said to Abu Hurayra, "Give an opinion, Abu Hurayra! A
difficult one has come to you." Abu Hurayra said, "One
pronouncement separates her and three makes her haram
until she has married another husband." Ibn Abbas said the
like of that.
Malik said, "That is what is done among us, and when a
man marries a woman who has been married before, and he
has not had intercourse with her, she is treated as a
virgin - one pronouncement separates her and three make
her haram until she has married another husband."
Yahya related to me from Malik from Ibn Shihab that
Talha ibn Abdullah ibn Awf said, and he knew that better
than them, from Abu Salama ibn Abd ar-Rahman ibn Awf that
Abd ar-Rahman ibn Awf divorced his wife irrevocably while
he was terminally ill, and Uthman ibn Affan made her an
heir after the end of her idda.
Yahya related to me from Malik from Abdullah ibn al-Fadl
from al-Araj that Uthman ibn Affan made the wives of ibn
Mukmil inherit from him, and he had divorced them while he
was terminally ill.
Yahya related to me from Malik that he heard Rabia ibn
Abi Abd ar-Rahman say, ''I heard that the wife of Abd
ar-Rahman ibn Awf asked him to divorce her. He said, 'When
you have menstruated and are pure, then come to me.' She
did not menstruate until Abd ar-Rahman ibn Awf was ill.
When she was purified, she told him and he divorced her
irrevocably or made a pronouncement of divorce which was
all that he had left over her Abd arRahman ibn Awf was
terminally ill at the time, so Uthman ibn Affan made her
one of the heirs after the end of her idda."
Yahya related to me from Malik from Yahya ibn Said that
Muhammad ibn Yahya ibn Habban said, "My grandfather Habban
had two wives, one from the Hashimites and one from the
Ansars. He divorced the Ansariyya while she was nursing,
and a year passed and he died and she had still not yet
menstruated. She said, 'I inherit from him. I have not
menstruated yet.' The wives quarrelled and went to Uthman
ibn Affan. He decided that she did inherit, and the
Hashimiyya rebuked Uthman. He said, 'This is the practice
of the son of your paternal uncle. He pointed this out to
us.' He meant Ali ibn Abi Talib."
Yahya related to me from Malik that he had heard Ibn
Shihab say, "When a man who is terminally ill divorces his
wife three times, she inherits from him."
Malik said, "If he divorces her while he is terminally
ill before he has consummated the marriage, she has half
of the bride-price and inherits, and she does not have to
do an idda. If he consummated the marriage, she has all
the dowry and inherits. The virgin and the previously
married woman are the same in this situation according to
us."
Yahya related to me from Malik that he had heard that
Abd ar-Rahman ibn Awf divorced his wife, and gave her
compensation in the form of a slave-girl.
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar said, "Every divorced woman has compensation
except for the one who is divorced and is allocated a
bride-price and has not been touched. She has half of what
was allocated to her."
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."
Yahya related to me from Malik from Ibn Shihab from
Said ibn al-Musayyab that Nufay, a mukatab of Umm Salama,
the wife of the Prophet, may Allah bless him and grant him
peace, divorced his free wife twice, so he asked Uthman
ibn Affan for an opinion, and he said, "She is haram for
you."
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."
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar said, "When the slave divorces his wife twice,
she is haram for him until she has married another
husband, whether she is free or a slave. The idda of a
free woman is three menstrual periods, and the idda of a
slave-girl is two periods.
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar said, "If a man gives his slave permission to
marry, the divorce is in the hand of the slave, and nobody
else has any power over his divorce. Nothing is held
against a man who takes the slave-girl of his male slave
or the slave-girl of his female-slave."
Section: Maintenance of Slave-Girls Divorced when
Pregnant
Malik said, "Neither a free man nor a slave who
divorces a slave-girl nor a slave who divorces a free
woman, in an irrevocable divorce, is obliged to pay
maintenance even if she is pregnant, and he cannot return
to her."
Malik said, "A free man is not obliged to pay for the
suckling of his son when he is a slave of other people,
nor is a slave obliged to spend his money for what his
master owns except with the permission of his master."
Yahya related to me from Malik from Yahya ibn Said from
Said ibn al-Musayyab that Umar ibn al-Khattab said, "The
woman who loses her husband and does not know where he is,
waits for four years, then she does idda for four months,
and then she is free to marry."
Malik said, "If she marries after her idda is over,
regardless of whether the new husband has consummated the
marriage or not, her first husband has no means of access
to her."
Malik said, "That is what is done among us and if her
husband reaches her before she has remarried, he is more
entitled to her."
Malik said that he had seen people disapproving of
someone who said that one of the people (of knowledge)
attributed to Umar ibn al-Khattab that he said, "Her first
husband chooses when he comes either her bride-price or
his wife."
Malik said, "I have heard that Umar ibn al-Khattab,
speaking about a woman whose husband divorced her while he
was absent from her, and then he took her back and the
news of his taking her back had not reached her, while the
news of his divorcing her had, and so she had married
again, said, 'Her first husband who divorced her has no
means of access to her whether or not the new husband has
consummated the marriage.' "
Malik said, "This is what I like the best of what I
heard about the missing man."
Section: Idda of Divorce and Divorce of Menstruating
Women
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar divorced his wife while she was menstruating in
the time of the Messenger of Allah, may Allah bless him
and grant him peace, Umar ibn al-Khattab asked the
Messenger of Allah, may Allah bless him and grant him
peace, about it. The Messenger of Allah, may Allah bless
him and grant him peace, said, "Go and tell him to take
her back and keep her until she is purified and then has a
period and then is purified. Then if he wishes, he an keep
her, and if he wishes he should divorce her before he has
intercourse with her. That is the idda which Allah has
commanded for women who are divorced."
Yahya related to me from Malik from Ibn Shihab from
Urwa ibn az-Zubayr from A'isha, umm al-muminin, that she
took Hafsa ibn Abd ar-Rahman ibn Abi Bakr as-Siddiq into
her house when she had entered the third period of her
idda. Ibn Shihab said, "That was mentioned to Amra bint
Abd ar-Rahman, and she said that Urwa had spoken the truth
and people had argued with A'isha about it. They said that
Allah, the Blessed, the Exalted, said in His Book, 'Three
quru.' A'isha said, 'You spoke the truth. Do you know what
quru are? Quru are times of becoming pure after
menstruation .' "
Yahya related to me from Malik that Ibn Shihab said
that he heard Abu Bakr ibn Abd ar-Rahman say, "I have
never seen any of our fuqaha who did not say that this was
what the statement of A'isha meant."
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."
Yahya related to me from Malik that he had heard that
Abu Bakr ibn Abd ar-Rahman and Sulayman ibn Yasar and Ibn
Shihab used to say, "When the divorced woman enters the
beginning of her third period, she is clearly separated
from her husband and there is no inheritance between them
and he has no access to her."
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar said, "When a man divorces his wife and she
begins her third period, she is free from him and he is
free from her."
Malik said, "This is how things are done among us."
Yahya related to me from Malik from al-Fudayl ibn Abi
Abdullah, the mawla of al-Mahri that al-Qasim ibn Muhammad
and Salim ibn Abdullah said, "When a woman is divorced and
begins her third period, she is clearly separated from him
and is free to marry again."
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab and Ibn Shihab and Sulayman ibn Yasar
all said, "The idda of the woman with a khul divorce is
three periods."
Yahya related to me from Malik that he heard Ibn Shihab
say, "The idda of the divorced woman is reckoned by the
menstrual cycles even if she is estranged ." (The reason
the idda is normally reckoned by the menstrual cycle is to
see whether the woman is pregnant or not.)
Yahya related to me from Malik from Yahya ibn Said from
a man of the Ansar that his wife asked him for a divorce,
and he said to her, "When you have had your period, then
tell me." When she had her period, she told him. He said,
"When you are purified then tell me." When she was
purified, she told him and he divorced her.
Malik said, "This is the best of what I have heard
about it."
Section: Idda of Women in their Houses when Divorced in
Them
Yahya related to me from Malik thal Yahya ibn Said
heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both
mention that Yahya ibn Said ibn al-As divorced the
daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd
ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin
sent to Marwan ibn al-Hakam who was the Amir of al-Madina
at that time. She said, "Fear Allah and make him return
the woman to her house." Marwan said in what Sulayman
related, ''Abd ar-Rahman has the upper hand over me."
Marwan said in what al-Qasim related, "Hasn't the affair
of Fatima bint Qays reached you?" A'isha said, "You are
forced to mention the story of Fatima " Marwan said, "If
you know that evil, whatever evil there was between those
two is enough for you." (See hadith 67.)
Yahya related to me from Malik from Nafi that the
daughter of Said ibn Zayd ibn Amr ibn Nufayl was the wife
of Abdullah ibn Umar ibn Uthman ibn Affan, and he divorced
her irrevocably and she moved out. Abdullah ibn Umar
rebuked her for that.
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar divorced one of his wives in the house of Hafsa,
the wife of the Prophet, may Allah bless him and grant him
peace, while he was on the way to the mosque. He went
another route from behind the houses being averse to ask
permission to enter until he returned to her.
Yahya related to me from Malik from Yahya ibn Said that
Said ibn al-Musayyab was asked who was obliged to pay the
rent for a woman whose husband divorced her while she was
in a leased house. Said ibn al-Musayyab said, "Her husband
is obliged to pay it." Someone asked, "what if her husband
does not have it?" He said, "Then she must pay it."
Someone asked, "And if she does not have it?" He said,
"Then the Amir must pay it."
Yahya related to me from Malik from Abdullah ibn Yazid,
the mawla of al-Aswad ibn Sufyan from Abu Salama ibn Abd
ar-Rahman ibn Awf from Fatima bint Qays that Abu Amr ibn
Hafs divorced her absolutely while he was away in Syria.
His agent sent her some barley and she was displeased with
it, saying, "By Allah, I don't expect anything from you."
She went to the Messenger of Allah, may Allah bless him
and grant him peace, and mentioned it to him. He said,
"You have no maintenance." He then ordered her to spend
her idda in the house of Umm Sharik. Then he said, "This
is a woman whom my companions visit. Spend the idda in the
house of Ibn Umm Maktum. He is a blind man and you can
undress at his home. When you are free to remarry, tell
me."
She continued, "When I was free to remarry, I mentioned
to him that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham
had asked for me in marriage. The Messenger of Allah, may
Allah bless him and grant him peace, said, 'As for Abu
Jahm, he never puts down his stick from his shoulder (i.e.
he is always travelling), and as for Muawiya he is a poor
man with no property. Marry Usama ibn Zayd.' I objected to
him and he said, 'Marry Usama ibn Zayd,' so I married him,
and Allah put good in it and I was content with him."
Yahya related to me from Malik that he heard Ibn Shihab
say, "The woman who is absolutely divorced does not leave
her house until she is free to remarry. She has no
maintenance unless she is pregnant. In that circumstance
the husband spends on her until she gives birth."
Malik said, "This is what is done among us."
Section: Idda of Slave-Girls Divorced by Their Husbands
Malik said, "What is done among us when a slave
divorces a slave-girl when she is a slave and then she is
set free, is that her idda is the idda of a slave-girl,
and her being set free does not change her idda whether or
not he can still return to her. Her idda is not altered."
Malik added, "The hadd-punishment which a slave incurs
is the same as this. When he is freed after he has
incurred but before the punishment has been executed, his
hadd is the hadd of the slave."
Malik said, "When a free man divorces a slave-girl
three times, her idda is two periods. When a slave
divorces a free woman twice, her idda is three periods."
Malik said about a man who had a slave-girl as a wife,
and he bought her and set her free, ''Her idda is the idda
of a slave-girl, i.e. two periods, as long as he has not
had intercourse with her. If he has had intercourse with
her after buying her and before he set her free, she only
has to wait until one period has passed . "
Yahya related to me from Malik from Yahya ibn Said and
from Yazid ibn Abdullah ibn Qusayt al-Laythi that Said ibn
al-Musayyab said, ''Umar ibn al-Khattab said, 'If a woman
is divorced and has one or two periods and then stops
menstruating, she must wait nine months. If it is clear
that she is pregnant, that is that. If not, she must do an
idda of three months after the nine, and then she is free
to marry.' "
Yahya related to me from Malik from Yahya ibn Said that
Said ibn al-Musayyab said, "Divorce belongs to men, and
women have the idda."
Yahya related to me from Malik from Ibn Shihab that
Said ibn al-Musayyab said, "The idda of the woman who
bleeds constantly is a year."
Malik said, "What is done among us about a divorced
woman whose periods stop when her husband divorces her is
that she waits nine months. If she has not had a period in
them, she has an idda of three months. If she has a period
before the end of the three months, she accepts the
period. If another nine months pass without her having a
period, she does an idda of three months. If she has a
second period before the end of those three months, she
accepts the period. If nine months then pass without a
period, she does an idda of three months. If she has a
third period, the idda of the period is complete. If she
does not have a period, she waits three months, and then
she is free to marry. Her husband can return to her before
she becomes free to marry unless he made her divorce
irrevocable."
Malik said, "The sunna with us is that when a man
divorces his wife and has the option to return to her, and
she does part of her idda and then he returns to her and
then parts from her before he has had intercourse with
her, she does not add to what has passed of her idda. Her
husband has wronged himself and erred if he returned to
her and had no need of her."
Malik said, "What is done among us is that if a woman
becomes a muslim while her husband is a kafir and then he
becomes muslim, he is entitled to her as long as she is in
her idda. If her idda is finished, he has no access to
her. If he remarries her after the end of her idda,
however, that is not counted as divorce. Islam removed her
from him without divorce."
Yahya related to me from Malik that he had heard that
Ali ibn Abi Talib said about the two arbiters about whom
Allah, the Exalted, said,"If you fear a breach between the
two, appoint an arbiter from his people, and an arbiter
from her people. If they desire to set things aright,
Allah will make peace between them, surely Allah is
Knowing, Aware," (Sura 4 ayat 35), that the separation and
the joining were overseen by the two of them.
Malik said, "That is the best of what I have heard from
the people of knowledge. Whatever the two arbiters say
concerning separation or joining is taken into
consideration "
Section: Oath of Men to Divorce while Not yet Married
Yahya related to me from Malik that he had heard that
Umar ibn al-Khattab, Abdullah ibn Umar, Abdullah ibn Masud,
Salim ibn Abdullah, al-Qasim ibn Muhammad, Ibn Shihab,and
Sulayman ibn Yasar all said, "If a man has vowed to
divorce his wife before marrying her and then he breaks
his vow, divorce is obligatory for him when he marries
her."
Yahya related to me from Malik that he had heard that
Abdullah ibn Masud said that there was nothing binding on
someone who said, "Every woman I marry is divorced," if he
did not name a specific tribe or woman.
Malik said, "That is the best of what I have heard."
Malik said about a man saying to his wife, "You are
divorced, and every woman I marry is divorced," or that
all his property would be sadaqa if he did not do
such-and-such, and he broke his oath: "As for his wives,
it is divorce as he said, and as for his statement, 'Every
woman I marry is divorced', if he did not name a specific
woman, tribe, or land, or such, it is not binding on him
and he can marry as he wishes. As for his property, he
gives a third of it away as sadaqa."
Section: Deadline of Men who do Not have Intercourse
with Their Wives
Yahya related to me from Malik from Ibn Shihab that
Said ibn al-Musayyab said, "If someone marries a woman and
cannot have intercourse with her, there is a deadline of a
year set for him to have intercourse with her. If he does
not, they are separated."
Yahya related to me from Malik that he had asked Ibn
Shihab about whether the deadline was set from the day he
had married her, or from the day she raised the question
before the Sultan. He said. 'It is from the day she
presents it before the Sultan.'
Malik said, "As for someone who has intercourse with
his wife and then is prevented from intercourse with her,
I have not heard that there is a deadline set for him or
that they are separated."
Yahya related to me from Malik that Ibn Shihab said, "I
have heard that the Messenger of Allah, may Allah bless
him and grant him peace, said to a man from Thaqif who had
ten wives when he became muslim, 'Take four and separate
from the rest.' "
Yahya related to me from Malik that Ibn Shihab said
that he had heard Said ibn al-Musayyab, Humayd ibn Abd
ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn
Masud, and Sulayman ibn Yasarall say, that they had heard
Abu Hurayra say that he had heard Umar ibn al-Khattab say,
"If a woman is divorced by her husband once or twice, and
he leaves her until she is free to marry and she marries
another husband and he dies or divorces her, and then she
marries her first husband, she is with him according to
what remains of her divorce."
Malik said, "That is what is done among us and there is
no dispute about it."
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."
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."
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."
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili
that Allah, the Blessed, the Exalted, sent down about a
man who divorced his wife and then returned to her while
he had no need of her and did not mean to keep her so as
to make the idda period long for her by that in order to
do her harm, "Do not retain them by force, to transgress.
Whoever does that has wronged himself." (Sura 2 ayat 231).
Allah warns them by that ayat.
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab and Sulayman ibn Yasar were asked
about a man who divorced when he was drunk. They said,
"When a drunk man divorces, his divorce is allowed. If he
kills, he is killed for it."
Malik said, "That is what is done among us."
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab said, "If a man does not find the
means to spend on his wife, they are to be separated . "
Malik said, "That is what I saw the people of knowledge
in our city doing."
Yahya related to me from Malik from Abdu Rabbih ibn
Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that
Abdullah ibn Abbas and Abu Hurayra were asked when a
pregnant woman whose husband had died could remarry. Ibn
Abbas said, "At the end of two periods." Abu Hurayra said,
"When she gives birth, she is free to marry." Abu Salama
ibn Abd ar-Rahman visited Umm Salama, the wife of the
Prophet, may Allah bless him and grant him peace, and
asked her about it Umm Salama said, ''Subaya al-Aslamiya
gave birth half a month after the death of her husband,
and two men asked to marry her. One was young and the
other was old. She preferred the young man and so the
older man said, 'You are not free to marry yet.' Her
family were away and he hoped that when her family came,
they would give her to him. She went to the Messenger of
Allah, may Allah bless him and grant him peace, and he
said, 'You are free to marry, so marry whomever you wish.'
"
Yahya related to me from Malik from Nafi that Abdullah
ibn Umar was asked about a woman whose husband died while
she was pregnant, and he said, "When she gives birth, she
is free to marry." A man of the Ansar who was with him
told him that Umar ibn al-Khattab had said, "Had she given
birth while her husband was still on his bed, unburied,
she would be free to marry."
Yahya related to me from Malik from Hisham ibn 'Urwa
from his father that al-Miswar ibn Makhrama told him that
Subaya al-Aslamiya gave birth a few nights after the death
of her husband. The Messenger of Allah, may Allah bless
him and grant him peace, said to her, "You are free to
marry, so marry whomever you wish."
Yahya related to me from Malik from Yahya ibn Said from
Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama
ibn Abd ar-Rahman ibn Awf differed on the question of a
wornan who gave birth a few nights after the death of her
husband. Abu Salama said, "When she gives birth to the
child she is carrying, she is free to marry." Ibn Abbas
said, "At the end of two periods." Abu Hurayra came and
said, "I am with my nephew", meaning Abu Salama. They sent
Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the
wife of the Prophet, may Allah bless him and grant him
peace, to ask her about it. He came back and told them
that she had said that Subaya al-Aslamiya had given birth
a few nights after the death of her husband, and she had
brought the matter to the Messenger of Allah, may Allah
bless him and grant him peace, and he had said, "You are
free to marry, so marry whomever you wish."
Malik said, "This is how the people of knowledge here
continue to act."
29.31 Widows Remaining in Their Houses until Free to
Marry
Yahya related to me from Malik from Said ibn Ishaq ibn
Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn
Ujra that al-Furaya bint Malik ibn Sinan, the sister of
Abu Said al-Khudri, informed her that she went to the
Messenger of Allah, may Allah bless him and grant him
peace, and asked to be able to return to her people among
the Banu Khudra since her husband had gone out in search
of some of his slaves who had run away and he had caught
up with them near al-Qudum, (which is 6 miles from Madina),
and they had killed him.
She said, "I asked the Messenger of Allah, may Allah
bless him and grant him peace, if I could return to my
people in the Banu Khudra, as my husband had not left me
in a dwelling which belonged to him, and had left me no
maintenance. The Messenger of Allah, may Allah bless him
and grant him peace, said,'Yes.' So I left. When I was in
the courtyard, the Messenger of Allah, may Allah bless him
and grant him peace, called me or summoned me, and I
answered him. He said, 'What did you say?' I repeated the
story about my husband. He said, 'Stay in your house until
what is written reaches its term.' I did the idda in the
house for four months and ten days."
She added, "When Uthman ibn Affan sent for me, I told
him that, and he followed it and made decisions by it."
Yahya related to me from Malik from Humayd ibn Qays al-Makki
from Amr ibn Shuayb from Said ibn al-Musayyab that Umar
ibn al-Khattab sent back widows from the desert and
prevented them from doing the hajj.
Yahya related to me from Malik from Yahya ibn Saqd that
he had heard that as-Sa'ib ibn Khabbab died, and his wife
went to Abdullah ibn Umar and mentioned to him that her
husband had died and mentioned some land which they had at
Qanah, (a district on the outskirts of Madina), and asked
him if it would be alright for her to stay overnight
there. He forbade her to do so. So, she went out before
dawn from Madina and spent the whole day on their land,
but when evening came, she spent the night in her house.
Yahya related to me from Malik from Nafi that Abdullan
ibn Umar said, "The only place a woman whose husband has
died and a woman who is absolutely divorced can spend the
night is in their houses."
Section: Idda of an Umm Walad when Her Master Dies
Yahya related to me from Malik that Yahya ibn Said said
that he had heard al-Qasim ibn Muhammad say that Zayd ibn
Abd al-Malik separated some men and their wives who were
slave-girls who had borne children to men who had died,
because they had married them after one or two menstrual
periods. He separated them until they had done an idda of
four months and ten days. Al-Qasim ibn Muhammad said,
"Glory be to Allah! Allah says in His Book, 'Those of you
who die, leaving wives, they are not wives.' "
Malik related to me from Nafi that Abdullah ibn Umar
said, "The idda of an umm walad when her master dies is
one menstrual period."
Yahya related to me from Malik from Yahya ibn Said that
al-Qasim ibn Muhammad said, "The idda of an umm walad when
her master dies is one menstrual period."
Malik said, "This is what is done among us."
Malik added, "If she does not have a menstrual period,
her idda is three months."
Section: Idda of Slave-Girls whose Master or Husband
Dies
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab and Sulayman ibn Yasar said, "The
idda of a slave-girl when her husband dies is two months
and five days."
Yahya related to me the like of that from Malik from
Ibn Shihab.
Malik said, about a slave who divorced a slave-girl but
did not make it absolute, "He can return to her. If he
then dies while she is still in the idda from her divorce,
she does the idda of a slave-girl whose husband dies, and
it is two months and five days. If she has been set free
and he can return to her, and she does not choose to
separate after she has been set free, and he dies while
she is in the idda from the divorce, she does the idda of
a free woman whose husband has died, four months and ten
days. That is because the idda of widowhood befell her
while she was free, so her idda is the idda of a free
woman."
Yahya related to me from Malik from Rabia ibn Abi Abd
ar-Rahman from Muhammad ibn Yahya ibn Habban that Ibn
Muhayriz said, "I went into the mosque and saw Abu Said
al-Khudri and so I sat by him and asked him about coitus
interruptus. Abu Said al-Khudri said, 'We went out with
the Messenger of Allah, may Allah bless him and grant him
peace, on the expedition to the Banu al-Mustaliq. We took
some Arabs prisoner, and we desired the women as celibacy
was hard for us. We wanted the ransom, so we wanted to
practise coitus interruptus. We said, 'Shall we practise
coitus interruptus while the Messenger of Allah, may Allah
bless him and grant him peace, is among us before we ask
him?' We asked him about that and he said, 'You don't have
to not do it. There is no self which is to come into
existence up to the Day of Rising but that it will come
into existence.' "
Yahya related to me from Malik from Abu'n-Nadr, the
mawla of Umar ibn Ubaydullah from Amir ibn Sad ibn Abi
Waqqas from his father that he used to practise coitus
interruptus.
Yahya related to me from Malik from Abu'n-Nadr, the
mawla of Umar ibn Ubaydullah from Ibn Aflah, the mawla of
Abu Ayyub al-Ansari from an umm walad of Abu
Ayyubal-Ansari that he practised coitus interruptus.
Yahya related to me from Malik from Damra ibn Said al-Mazini
from al-Hajjaj ibn Amr ibn Ghaziya that he was sitting
with Zayd ibn Thabit when Ibn Fahd came to him. He was
from the Yemen. He said, "Abu Said! I have slave-girls.
None of the wives in my keep are more pleasing to me than
them, and not all of them please me so much that I want a
child by them, shall I then practise coitus interruptus?"
Zayd ibn Thabit said, "Give an opinion, Hajjaj!" "I said,
'May Allah forgive you! We sit with you in order to learn
from you!' He said, 'Give an opinion! 'I said, 'She is
your field, if you wish, water it, and if you wish, leave
it thirsty. I heard that from Zayd.' Zayd said, 'He has
spoken the truth.' "
Yahya related to me from Malik from Humayd ibn Qays al-Makki
that a man called Dhafif said that Ibn Abbas was asked
about coitus interruptus. He called a slave-girl of his
and said, "Tell them." She was embarrassed. He said, "It
is alright, and I do it myself."
Malik said, "A man does not practise coitus interruptus
with a free woman unless she gives her permission. There
is no harm in practising coitus interruptus with a
slave-girl without her permission. Someone who has someone
else's slave-girl as a wife, does not practise coitus
interruptus with her unless her people give him
permission."
Section: Limit of Abstaining from Adornment in Mourning
Yahya related to me from Malik from Abdullah ibn Abi
Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi
that Zaynab bint Abi Salama related these three traditions
to him. Zaynab said, "I visited Umm Habiba, the wife of
the Prophet, may Allah bless him and grant him peace, when
her father Abu Sufyan ibn Harb had died. Umm Habiba called
for a yellowy perfume perhaps khaluq or something else.
She rubbed the perfume first on a slave-girl and she then
wiped it on the sides of her face and said, 'By Allah! I
have no need of perfume but I heard the Messenger of
Allah, may Allah bless him and grant him peace, say, 'It
is not halal for a woman who trusts in Allah and the Last
Day to abstain from adornment in mourning for someone who
has died, for more than three nights, except for four
months and ten days for a husband.' "
Zaynab said, "I went to the house of Zaynab bint Jahsh,
the wife of the Prophet, may Allah bless him and grant him
peace, when her brother had died. She called for perfume
and put some on and said, 'By Allah! I have no need of
perfume, but I heard the Messenger of Allah, may Allah
bless him and grant him peace, say, 'It is not halal for a
woman who trusts in Allah and the Last Day to abstain from
adornment in mourning for someone who has died for more
than three nights, except for four months and ten days for
a husband.' "
Zaynab said, "I heard my mother, Umm Salama, the wife
of the Prophet, may Allah bless him and grant him peace,
say that a woman came to the Messenger of Allah, may Allah
bless him and grant him peace, and said, 'Messenger of
Allah! My daughter's husband died, and her eyes are
troubling her, can she put kohl on them?' The Messenger of
Allah, may Allah bless him and grant him peace, said, 'No'
two or three times. Then he said, 'It is only four months
and ten days. In the Jahiliyya, none of you threw away the
piece of dung until a year had passed.' "
Humayd ibn Nafi said, "I asked Zaynab to explain what
'throwing away the piece of dung at the end of a year'
meant. Zaynab said, 'In the Jahiliyya when a woman's
husband died, she went into a small tent and dressed in
the worst of clothes. She did not touch perfume or
anything until a year had passed. Then she was brought an
animal - a donkey, a sheep, or a bird, and she would break
her idda with it, by rubbing her body against it (taftaddu).
Rarely did she break her idda with anything (by rubbing
herself against it) but that it died. Then she would come
out and would be given a piece of dung. She would throw it
away and then return to whatever she wished of perfumes or
whatever.' "
Malik explained, 'Taftaddu' means to wipe her skin with
it in the same way as with a healing charm."
Yahya related to me from Malik from Nafi from Safiyya
bint Abi Ubayd from A'isha and Hafsa, the wives of the
Prophet, may Allah bless him and grant him peace, that the
Messenger of Allah, may Allah bless him and grant him
peace, said, "It is not halal for a woman in mourning for
someone who has died, if she trusts in Allah and the Last
Day, to abstain from adornment for more than three nights,
except for a husband."
Yahya related to me from Malik that he had heard that
Umm Salama, the wife of the Prophet, may Allah bless him
and grant him peace, said to a woman in mourning for her
husband whose eyes were troubling her and the pain had
become very strong, "Apply jala kohl at night and wipe it
off in the day."
Yahya related to me from Malik that he had heard that
Salim ibn Abdullah and Sulayman ibn Yasar said that if a
woman whose husband had died feared that an inflammation
of her eyes might affect her sight or that some complaint
might befall her, she should put kohl on and seek a remedy
with kohl or some other cure even if it had perfume in it.
Malik said, "If there is a necessity, the deen of Allah
is ease."
Yahya related to me from Malik from Nafic that Saffiyya
bint Abi Ubayd suffered from an eye-complaint while she
was in mourning for her husband, Abdullah ibn Umar. She
did not apply kohl until her eyes almost had ramas (a dry
white secretion in the corners of the eye).
Malik said, "A woman whose husband has died should
anoint her eyes with olive oil and sesame oil and the like
of that since there is no perfume in it."
Malik said, "A woman in mourning for her husband should
not put on any jewellery - rings, anklets, or such-like,
neither should she dress in any sort of colourful, striped
garment unless it is coarse. She should not wear any cloth
dyed with anything except black, and she should only dress
her hair with things like lotus-tree leaves which do not
dye the hair."
108 Yahya related to me from Malik that he had heard
that the Messenger of Allah, may Allah bless him and grant
him peace, visited Umm Salama while she was in mourning
for Abu Salama and she had put aloes on her eyes. He said,
"What is this, Umm Salama?" She said, "It is only aloes,
Messenger of Allah." He said, "Put it on at night and wipe
it off in the daytime."
Malik said, "The mourning of a young girl who has not
yet had a menstrual period takes the same form as the
mourning of one who has had a period. She avoids what a
mature woman avoids if her husband dies."
Malik said, "A slave-girl mourns her husband when he
dies for two months and five nights like her idda.''
Malik said, "An umm walad does not have to mourn when
her master dies, and a slave-girl does not have to mourn
when her master dies. Mourning is for those with
husbands."
Yahya related to me from Malik that he had heard that
Umm Salama, the wife of the Prophet, may Allah bless him
and grant him peace, said, "A mourning woman can rub her
head with lotus leaves and olive oil.''