Category:The Book of Divorce in Muwata Malik

List of Chapters in The Book of Divorce

Combined Book Name

The Book of Divorce*Muwata Malik Belongs to the following Combined Book Name

The Book of Divorce Summary

1. Umar said to him I ask you by the Lord of this building whatdid you mean by your statement Your rein is on your withers
2. If he had intended one pronouncement he was asked to make anoath by Allah to confirm it and he became a suitor among othersuitors because a woman whose marriage had been consummated requiredthree pronouncements of divorce to make her inaccessible for thehusband whilst only one pronouncement was needed to make a womanwhose marriage had not been consummated inaccessible
3. Malik said that if a man made anystrong statement such as these to his wife it counted as threepronouncements of divorce for a woman whose marriage had beenconsummated or it was written as one of three for a woman whosemarriage had not been consummated whichever the man wished
4. Yahya related to me from Malik from Abd ar Rahman ibn al Qasimfrom his father that A isha the wife of the Prophet may Allah blesshim and grant him peace gave Hafsa bint Abd arRahman in marriage toal Mundhir ibn az Zubayr while Abd ar Rahman was away in Syria
5. As for the one whovows not to have intercourse with his wife for four months or lessthan that I do not think that it is ila because when the term entersinto it at which it stops he comes out of his oath and he does nothave to declare his intention
6. If he pronounceddhihar and then did kaffara and then pronounced dhihar after he haddone the kaffara he had to do kaffara again
7. Yahya related to me from Malik from Rabia ibn Abi Abd ar Rahmanfrom al Qasim ibn Muhammad that A isha umm al muminin said Therewere three sunnas established in connection with Barira firstly wasthat when she was set free she was given her choice about her husband secondly the Messenger of Allah may Allah bless him and grant himpeace said about her The right of inheritance belongs to the personwho has set a person free thirdly the Messenger of Allah may Allahbless him and grant him peace came in and there was a pot with meaton the boil
8. Malik said that divorce was ratified fora woman who ransomed herself from her husband when it was known thather husband was detrimental to her and was oppressive for her and itwas known that he wronged her and he had to return her property toher
9. If someone married her and then separated from herbefore he had intercourse with her there was no idda against her fromthe recent marriage and she rested on her first idda
10. Uwaymir said By Allah I will not stop until Iask him about it Uwaymir stood up and went to the Messenger ofAllah may Allah bless him and grant him peace in the middle of thepeople and said Messenger of Allah What do you think a man whofinds another man with his wife should do Should he kill him and thenbe killed himself or what should he do The Messenger of Allah mayAllah bless him and grant him peace said Something has been sentdown about you and your wife so go and bring her
11. Malik said Allah theBlessed the Exalted said The testimony of men who accuse theirwives but do not have any witnesses except themselves is to testify byAllah four times that he is being truthful and a fifth time that thecurse of Allah will be upon him if he should be a liar
12. Malik said If a manseparates from his wife by an irrevocable divorce by which he cannotreturn to her and then he denies the paternity of the child she iscarrying whilst she claims that he is the father and it is possibleby the timing that he be so he must curse her and the child is notrecognised as his
13. Malik said that if aman divorced his wife and then after three months the woman said Iam pregnant and he denied paternity then he had to do lian
14. Yahya related to me from Malik that he had heard that Urwa ibn az Zubayr said that if the child of the woman against whom li an had beenpronounced or the child of fornication died his mother inheritedfrom him her right in the Book of Allah the Exalted and his maternalhalf brothers had their rights
15. Yahya related to me from Malik from Yahya ibn Said that Bukayribn Abdullah al Ashajj informed him that Muawiya ibn Abi Ayyash al Ansari told him that he was sitting with Abdullah ibn az Zubayr andAsim ibn Umar ibn al Khattab when Muhammad ibn Iyas ibn al Bukayr cameup to them and said A man from the desert has divorced his wifethree times before consummating the marriage what do you think Abdullah ibn az Zubayr said This is something about which we have nostatement
16. Malik said Thatis what is done among us and when a man marries a woman who has beenmarried before and he has not had intercourse with her she istreated as a virgin one pronouncement separates her and three makeher haram until she has married another husband
17. Yahya related to me from Malik from Ibn Shihab that Talha ibnAbdullah ibn Awf said and he knew that better than them from AbuSalama ibn Abd ar Rahman ibn Awf that Abd ar Rahman ibn Awf divorcedhis wife irrevocably while he was terminally ill and Uthman ibn Affanmade her an heir after the end of her idda
18. 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 cannotreturn to her
19. Malik said I have heard that Umar ibn al Khattab speaking about a woman whose husband divorced her while he was absentfrom her and then he took her back and the news of his taking herback had not reached her while the news of his divorcing her had andso she had married again said Her first husband who divorced herhas no means of access to her whether or not the new husband hasconsummated the marriage
20. Yahya related to me from Malik thal Yahya ibn Said heard al Qasimibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Saidibn al As divorced the daughter of Abd ar Rahman ibn al Hakamirrevocably so Abd ar Rahman ibn al Hakam took her away A isha ummal muminin sent to Marwan ibn al Hakam who was the Amir of al Madinaat that time
21. Marwan said in what al Qasim related Hasn tthe affair of Fatima bint Qays reached you A isha said You areforced to mention the story of Fatima Marwan said If you know thatevil whatever evil there was between those two is enough for you
22. 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 isthe idda of a slave girl and her being set free does not change heridda whether or not he can still return to her
23. Yahya related to me from Malik that he had heard that Ali ibn AbiTalib said about the two arbiters about whom Allah the Exalted said If you fear a breach between the two appoint an arbiter fromhis people and an arbiter from her people
24. Malik said about a man saying to his wife You aredivorced and every woman I marry is divorced or that all hisproperty would be sadaqa if he did not do such and such and he brokehis oath As for his wives it is divorce as he said and as for hisstatement Every woman I marry is divorced if he did not name aspecific woman tribe or land or such it is not binding on him andhe can marry as he wishes
25. Yahya related to me from Malik that Ibn Shihab said that he hadheard Said ibn al Musayyab Humayd ibn Abd ar Rahman ibn Awf Ubaydullah ibn Abdullah ibn Utba ibn Masud and Sulayman ibn Yasarallsay that they had heard Abu Hurayra say that he had heard Umar ibnal 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 anotherhusband and he dies or divorces her and then she marries her firsthusband she is with him according to what remains of her divorce
26. Abu Salama ibn Abdar Rahman visited Umm Salama the wife of the Prophet may Allah blesshim and grant him peace and asked her about it Umm Salama said Subaya al Aslamiya gave birth half a month after the death of herhusband and two men asked to marry her
27. Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibnUjra from his paternal aunt Zaynab bint Kab ibn Ujra that al Furayabint Malik ibn Sinan the sister of Abu Said al Khudri informed herthat she went to the Messenger of Allah may Allah bless him and granthim peace and asked to be able to return to her people among the BanuKhudra since her husband had gone out in search of some of his slaveswho had run away and he had caught up with them near al Qudum whichis miles from Madina and they had killed him
28. If shehas been set free and he can return to her and she does not choose toseparate after she has been set free and he dies while she is in theidda from the divorce she does the idda of a free woman whose husbandhas died four months and ten days
29. Yahya related to me from Malik from Abu n Nadr the mawla of Umaribn Ubaydullah from Ibn Aflah the mawla of Abu Ayyub al Ansari froman umm walad of Abu Ayyubal Ansari that he practised coitusinterruptus
30. None of the wives in my keep are more pleasing tome than them and not all of them please me so much that I want achild by them shall I then practise coitus interruptus Zayd ibnThabit said Give an opinion Hajjaj I said May Allah forgiveyou We sit with you in order to learn from you He said Give anopinion I said She is your field if you wish water it and ifyou wish leave it thirsty
31. She called for perfume and put some on and said ByAllah 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 awoman who trusts in Allah and the Last Day to abstain from adornmentin mourning for someone who has died for more than three nights except for four months and ten days for a husband
32. Zaynab said I heard my mother Umm Salama the wife of theProphet may Allah bless him and grant him peace say that a womancame to the Messenger of Allah may Allah bless him and grant himpeace and said Messenger of Allah My daughter s husband died andher eyes are troubling her can she put kohl on them The Messengerof Allah may Allah bless him and grant him peace said No two orthree times
33. Yahya related to me from Malik from Nafi from Safiyya bint AbiUbayd from A isha and Hafsa the wives of the Prophet may Allah blesshim and grant him peace that the Messenger of Allah may Allah blesshim and grant him peace said It is not halal for a woman inmourning for someone who has died if she trusts in Allah and the LastDay to abstain from adornment for more than three nights except fora husband
34. Yahya related to me from Malik that he had heard that Salim ibnAbdullah and Sulayman ibn Yasar said that if a woman whose husband haddied feared that an inflammation of her eyes might affect her sight orthat some complaint might befall her she should put kohl on and seeka remedy with kohl or some other cure even if it had perfume in it
35. Malik said A woman in mourning for herhusband should not put on any jewellery rings anklets or such like neither should she dress in any sort of colourful stripedgarment unless it is coarse

Place Holder