| MuwataMalik-017-001-35226 | | Yahya related to me from Malik from Yahya Ibn Said from Bukayr Ibn Abdullah AlAshajj from AlNuman Ibn Abi Ayash AlAnsari from Ata Ibn Yasar that a man came and asked Abdullah Ibn Amr Ibn AlAs 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 AlAs said to me; You say one pronouncement separates her and three makes her haram until she has married another husband. | The Chapter on Dress And Shields in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35230 | | Yahya related to me from Malik that he heard Rabia Ibn Abi Abdulrahman say; I heard that the wife of Abdulrahman Ibn Awuf asked him to divorce her. He said; When you have menstruated and are pure; then come to me. She did not menstruate until Abdulrahman Ibn Awuf 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 Awuf was terminally ill at the time; so Uthman Ibn Affan made her one of the heirs after the end of her idda. | The Chapter on Menstruation And Sexual Intercourse in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35232 | | 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. | The Chapter on Marriage And Consummating The Marriage in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35234 | | 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. | The Chapter on Financial Transaction And Charity in HodHood Indexing, The Book of Marriage in Muwata Malik |
| MuwataMalik-017-001-35240 | | 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. | The Chapter on Zakat And Slaves in HodHood Indexing, The Book of The Mudabbar in Muwata Malik |
| MuwataMalik-017-001-35241 | | 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. | The Chapter on Partners And Share In Salves in HodHood Indexing, The Book of The Mudabbar in Muwata Malik |
| MuwataMalik-017-001-35242 | | Yahya related to me from Malik from Yahya Ibn Said from Said Ibn AlMusayab that Umar Ibn AlKhattab 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 AlKhattab 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 AlKhattab; 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. | The Chapter on Marriage And Entitlements in HodHood Indexing, The Book of The Mudabbar in Muwata Malik |
| MuwataMalik-017-001-35243 | | 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 AlKhattab 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. | The Chapter on Menstruation And Tawaf in HodHood Indexing, The Book of The Mudabbar in Muwata Malik |
| MuwataMalik-017-001-35252 | | 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. | The Book of Wills and Testaments in Muwata Malik |
| MuwataMalik-017-001-35259 | | 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. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35262 | | Yahya related to me from Malik from Ibn Shihab that Said Ibn AlMusayab 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. | The Chapter on Marriage And Entitlements in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35264 | | Yahya related to me from Malik that he had heard that Umar Ibn AlKhattab; Abdullah Ibn Umar; Abdullah Ibn Masud; Salim Ibn Abdullah; AlQasim 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. | The Chapter on Obligations And Vows And Oaths in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35265 | | 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. | The Chapter on Contracts And Disputes In Properties And Money in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35269 | | Yahya related to me from Malik that Ibn Shihab said that he had heard Said Ibn AlMusayab; Humayd Ibn Abdulrahman Ibn Awuf ; Ubaydullah Ibn Abdullah Ibn Utba Ibn Masud; and Sulayman Ibn Yasarall say; that they had heard Abu Huraira say that he had heard Umar Ibn AlKhattab 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. | The Chapter on Marriage And Husbands in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35270 | | Yahya related to me from Malik from Thabit Ibn AlAhnaf that he married an umm walad of Abdulrahman Ibn Zayd Ibn AlKhattab. He said; Abdullah Ibn Abdulrahman Ibn Zayd Ibn AlKhattab 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 AlZubair 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 AlZubair said to me; She is not haram for you; so return to your home; and he wrote to Jabir Ibn AlAswad AlZuhra 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 Safiya; 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. | The Chapter on Parents And Cloths in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35271 | | Yahya related to me from Malik that Abdullah Ibn Dinar said; I heard Abdullah Ibn Umar recite from the Quran; 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. | The Chapter on Mischief Satan Vs Alquran in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35272 | | 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. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing, The Book of Qirad in Muwata Malik |
| MuwataMalik-017-001-35274 | | Yahya related to me from Malik that he had heard that Said Ibn AlMusayab 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. | The Chapter on Killing And Disbelivers in HodHood Indexing, The Book of The Mukatab in Muwata Malik |
| MuwataMalik-017-001-35289 | | 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. Malik said; That is what is done among us. | The Chapter on Marriage And Entitlements in HodHood Indexing, The Book of Sacrificial Animals in Muwata Malik |
| MuwataMalik-017-001-35323 | | Yahya related to me from Malik from Yahya Ibn Said from AlQasim Ibn Muhammad that Aisha; the wife of the Prophet; may Allah bless him and grant him peace; said when asked whether it was permissible for a man to marry again a wife he had divorced irrevocably if she had married another man who divorced her before consummating the marriage; Not until she has tasted the sweetness of intercourse. | The Chapter on Fragrances And Alquran in HodHood Indexing, The Book of Game in Muwata Malik |
