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Hadith 34915
Yahya related to me from Malik that he had heard that Abdullah
ibn Abbas and Abdullah ibn Umar were asked about a man who had a free
woman as a wife and then wanted to marry a slave-girl. They
disapproved that he should combine the two of them.
Muwatta Malik Book 28, Hadith 30
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Yahya related to me from Malik from Ibn Shihab from Said ibn al-
Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the
wife of Rushayd ath-Thaqafi. He divorced her, and she got married in
her idda-period. Umar ibn al-Khattab beat her and her husband with a
stick several times, and separated them. Then Umar ibn al-Khattab
said, "If a woman marries in her idda-period, and the new husband has
not consummated the marriage, then separate them, and when she has
completed the idda of her first husband, the other becomes a suitor.
If he has consummated the marriage then separate them. Then she must
complete her idda from her first husband, and then the idda from the
other one, and they are never to be reunited."
Malik added,
''Said ibn al-Musayyab said that she had her dowry because he had
consummated the marriage."
Malik said,"The practice with us
concerning a free woman whose husband dies, is that she does an idda
of four months and ten days and she does not marry if she doubts her
period until she is free of any doubt or if she fears that she is
pregnant." Muwatta Malik Book 28, Hadith 29
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Yahya related to me from Malik from Yahya ibn Said that Said ibn
al-Musayyab said, "The slave girl is not married when there is a free
woman who is a wife unless the free woman wishes it. If the free woman
complies, she has two-thirds of the division of time."
Malik
said, "A free man must not marry a slave-girl when he can afford to
marry a free-woman, and he should not marry a slave-girl when he
cannot afford a free woman unless he fears fornication. That is
because Allah, may he be Blessed and Exalted, says in His Book, 'If
you are not affluent enough to marry believing women, who are
muhsanat, take slave-girls who are believing women that your right
hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who
fear al-anat.' "
Malik said, "Al-anat is fornication." Muwatta Malik Book 28, Hadith 31