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Quran
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 4.40. Allah tut gewiß nicht im Gewicht eines Stäubchens Unrecht. Und wenn es eine gute Tat ist, vervielfacht Er sie und gibt von Sich aus großartigen Lohn.
[ anNisa:40 ]
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Kapitel: 29, Nummer: 21 |
| 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.
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Kapitel: 29, Nummer: 22 |
| 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.
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Kapitel: 29, Nummer: 23 |
| 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.
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Kapitel: 29, Nummer: 24 |
| 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.
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Kapitel: 29, Nummer: 25 |
| 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.'
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Kapitel: 29, Nummer: 26 |
| 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.
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Kapitel: 29, Nummer: 27 |
| 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.
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Kapitel: 29, Nummer: 28 |
| 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.
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Kapitel: 29, Nummer: 29 |
| 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.
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Kapitel: 29, Nummer: 3 |
| 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.
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Kapitel: 29, Nummer: 30 |
| 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.
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Kapitel: 29, Nummer: 31 |
| 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.
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