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Kapitel: 29, Nummer: 43 |
| 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 Ansariyya 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 Hashimiyya 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.
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Kapitel: 29, Nummer: 44 |
| 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.
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Kapitel: 29, Nummer: 45 |
| Yahya related to me from Malik that he had heard that Abd ar-Rahman ibn Awf divorced his wife, and gave her compensation in the form of a slave-girl. 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.
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Kapitel: 29, Nummer: 46 |
| 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 al-Qasim ibn Muhammad. Malik said, There is no fixed limit among us as to how small or large the compensation is.
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Kapitel: 29, Nummer: 47 |
| Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibn Yasar that Nufay, a mukatab of Umm Salama the wife of the Prophet, may Allah bless him and grant him peace, or her slave, had a free woman as a wife. He divorced her twice, and then he wanted to return to her. The wives of the Prophet, may Allah bless him and grant him peace, ordered him to go to Uthman ibn Affan to ask him about it. He found him at ad-Daraj with Zayd ibn Thabit. He asked them, and they both anticipated him and said, She is haram for you. She is haram for you.
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Kapitel: 29, Nummer: 48 |
| Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that Nufay, a mukatab of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, divorced his free wife twice, so he asked Uthman ibn Affan for an opinion, and he said, She is haram for you.
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Kapitel: 29, Nummer: 49 |
| Yahya related to me from Malik from Abdu Rabbih ibn Said from Muhammad ibn Ibrahim ibn al-Harith at-Taymi that Nufay, a mukatab of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, asked Zayd ibn Thabit for an opinion. He said, I have divorced my free wife twice. Zayd ibn Thabit said, She is haram for you.
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Kapitel: 29, Nummer: 5 |
| Yahya related to me from Malik that he had heard that Umar ibn al-Khattab had heard in a letter from Iraq that a man said to his wife, Your rein is on your withers (i.e. you have free rein). Umar ibn al-Khattab wrote to his governor to order the man to come to him at Makka at the time of hajj. While Umar was doing tawaf around the House, a man met him and greeted him. Umar asked him who he was, and he replied that he was the man that he had ordered to be brought to him. Umar said to him, I ask you by the Lord of this building, what did you mean by your statement, 'Your rein is on your withers.'? The man replied, Had you made me swear by other than this place, I would not have told you the truth. I intended separation by that. Umar ibn al- Khattab said, It is what you intended.
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Kapitel: 29, Nummer: 50 |
| Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, When the slave divorces his wife twice, she is haram for him until she has married another husband, whether she is free or a slave. The idda of a free woman is three menstrual periods, and the idda of a slave-girl is two periods.
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Kapitel: 29, Nummer: 51 |
| 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.
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Kapitel: 29, Nummer: 51a |
| 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.
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Kapitel: 29, Nummer: 52 |
| Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab 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 al-Khattab 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 al-Khattab, 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.
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