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MuwataMalik-017-001-35211 +	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.  +
MuwataMalik-017-001-35212 +	Yahya related to me from Malik from Rabia Ibn Abi Abdulrahman from AlQasim Ibn Muhammad that Aisha umm Almuminin; 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; Didnt 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.  +
MuwataMalik-017-001-35213 +	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.  +
MuwataMalik-017-001-35214 +	Yahya related to me from Malik from Ibn Shihab from Urwa Ibn AlZubair 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.  +
MuwataMalik-017-001-35215 +	Yahya related to me from Malik that he had heard that Said Ibn AlMusayab 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.  +
MuwataMalik-017-001-35216 +	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.  +
MuwataMalik-017-001-35217 +	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.  +
MuwataMalik-017-001-35218 +	Yahya related. to me from Malik from Yahya Ibn Said that Amra bint Abdulrahman told him from Habiba bint Sahl AlAnsari 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.  +
MuwataMalik-017-001-35219 +	Yahya related to me from Malik from Nafi from a mawla of Safiya 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.  +
MuwataMalik-017-001-35220 +	Yahya related to me from Malik from Nafi that Rubayi bint Muawidh 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.  +
MuwataMalik-017-001-35221 +	Yahya related to me from Malik that he had heard that Said Ibn AlMusayab 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.  +
MuwataMalik-017-001-35222 +	Yahya related to me from Malik from Ibn Shihab that Sahl Ibn Sad AlSaidi told him that Uwaymir AlAjlani came to Aasi m Ibn Adi AlAnsari and said to him; Aasi m! 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? Aasi m! ask the Messenger of Allah; may Allah bless him and grant him peace; about that for me. Aasi m 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 Aasi m. When Aasi m returned to his people; Uwaymir came to him and said; Aasi m! what did the Messenger of Allah; may Allah bless him and grant him peace; say to you? Aasi m said to Uwaymir; You didnt 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.  +
MuwataMalik-017-001-35223 +	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. Surat 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.  +
MuwataMalik-017-001-35224 +	Yahya related to me from Malik that he had heard that Urwa Ibn AlZubair 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 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.  +
MuwataMalik-017-001-35225 +	Yahya related to me from Malik from Ibn Shihab from Muhammad Ibn Abdulrahman Ibn Thawban that Muhammad Ibn Iyas Ibn AlBukayr 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 Huraira 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.  +
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.  +
MuwataMalik-017-001-35227 +	Yahya related to me from Malik from Yahya Ibn Said that Bukayr Ibn Abdullah AlAshajj informed him that Muawiya Ibn Abi Ayash AlAnsari told him that he was sitting with Abdullah Ibn AlZubair and Aasi m Ibn Umar Ibn AlKhattab when Muhammad Ibn Iyas Ibn AlBukayr 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 AlZubair said This is something about which we have no statement. Go to Abdullah Ibn Abbas and Abu Huraira. I left them with Aisha. Ask them and then come and tell us. He went and asked them. Ibn Abbas said to Abu Huraira; Give an opinion; Abu Huraira! A difficult one has come to you. Abu Huraira 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.  +
MuwataMalik-017-001-35228 +	Yahya related to me from Malik from Ibn Shihab that Talha Ibn Abdullah Ibn Awuf said; and he knew that better than them; from Abu Salama Ibn Abdulrahman Ibn Awuf that Abdulrahman Ibn Awuf divorced his wife irrevocably while he was terminally ill; and Uthman Ibn Affan made her an heir after the end of her idda.  +
MuwataMalik-017-001-35229 +	Yahya related to me from Malik from Abdullah Ibn AlFadl from AlAraj that Uthman Ibn Affan made the wives of Ibn Mukmil inherit from him; and he had divorced them while he was terminally ill.  +
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.  +
MuwataMalik-017-001-35231 +	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 Ansariya 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 Hashimiya 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.  +
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.  +
MuwataMalik-017-001-35233 +	Yahya related to me from Malik that he had heard that Abdulrahman Ibn Awuf divorced his wife; and gave her compensation in the form of a slave-girl.  +
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.  +
MuwataMalik-017-001-35235 +	Yahya related to me from Malik that Ibn Shihab said; Every divorced woman has compensation. Malik said; I have also heard the same as that from AlQasim Ibn Muhammad. Malik said; There is no fixed limit among us as to how small or large the compensation is.  +