| MuwataMalik-017-001-35338 | | Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife; and then he bought her; and divorced her once. He said; She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her; she is not halal for him by the possession of the right hand until she has married another husband. Malik said that if a man rnarried a female slave and then she had a child by him; and then he bought her; she was not an umm walad for him because of the child born to him while she belonged to another; until she had had a child by him while she was in his possession after he had purchased her. Malik said; If he buys her and she is pregnant by him and she then gives birth while she belongs to him; she is his umm walad by that pregnancy; according to what we think; and Allah knows best. | The Chapter on Financial Transaction And Charity in HodHood Indexing, The Book of Suckling in Muwata Malik |
| MuwataMalik-017-001-35351 | | Yahya related to me from Malik that he heard Rabia Ibn Abdulrahman say that a slave could marry four women. Malik said; This is the best of what I have heard about the matter. Malik said; The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission; he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage. Malik said; When a slave is owned by his wife or a husband owns his wife; the possession of each of them is rendered void without divorce. If a man; for instance; is married to a slave-girl; and then he buys her; he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards; that separation was not divorce. Malik said; When a slave is freed by his wife who owns him and she is in the idda-period from him; they can only return to each other after she has made another marriage. | The Chapter on Slave Girls And Sexual Intercourse in HodHood Indexing, The Book of Vows and Oaths in Muwata Malik |
| MuwataMalik-017-001-35365 | | Yahya related to me from Malik from Ibn Shihab that Rafi Ibn Khadij married the daughter of Muhammad Ibn Maslama AlAnsari. She was with him until she grew older; and then he married a young girl and preferred the young girl to her. She begged him to divorce her; so he divorced her and then he gave her time until she had almost finished her idda period and then he returned and still preferred the young girl. She therefore asked him to divorce her. He divorced her once; and then returned to her; and still preferred the young girl; and she asked him to divorce her. He said; What do you want? There is only one divorce left. If you like; continue and put up with what you see of preference; and if you like; I will separate from you. She said; I will continue in spite of the preference. He kept her in spite of that. Rafi did not see that he had done any wrong action when she remained with him in spite of preference. | The Chapter on Alansar And Mercy in HodHood Indexing, The Book of Vows and Oaths in Muwata Malik |
| MuwataMalik-017-001-35400 | | Yahya related to me from Malik from Suhayl Ibn Abi Salih from his father from Abu Huraira that the Messenger of Allah; may Allah bless him and grant him peace; said; Whoever makes an oath and then sees that something else would be better than it; should do kaffara for his oath and do what is better. Yahya said that he heard Malik say; Anyone who says that he has a vow but does not mention the name of Allah; is still obliged to make the kaffara for an oath if he breaks it. Malik said; Emphasis is when a man swears one thing several times; repeating the oath in his speech time after time. For instance; the statement; By Allah; I will not decrease it from such-and-such; sworn three times or more. The kaffara of that is like the kaffara of one oath. If a man swears; I will not eat this food or wear these clothes or enter this house; that is all in one oath; and he is only obliged to do one kaffara. It is the same for a man who says to his wife; You are divorced if I clothe you in this garment or let you go to the Masjid; and it is one entire statement in the normal pattern of speech. If he breaks any of that oath; divorce is necessary; and there is no breaking of oath after that in whatever he does. There is only one oath to be broken in that. Malik said; What we do about a woman who makes a vow without her husband permission is that she is allowed to do so and she must fulfill it; if it only concerns her own person and will not harm her husband. If; however; it will harm her husband; he may forbid her to fulfill it; but it remains an obligation against her until she has the opportunity to complete it. | The Chapter on Oaths And Pledges And Kaffara in HodHood Indexing, The Book of Jihad in Muwata Malik |
