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Hadith 34952
Yahya related to me from Malik that he had heard that Ali ibn Abi
Talib used to say that if a man said to his wife, "You are haram for
me," it counted as three pronouncements of divorce.
Malik
said, "That is the best of what I have heard on the subject."
Muwatta Malik Book 29, Hadith 6
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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." Muwatta Malik Book 29, Hadith 5
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Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said that statements like "I cut myself off from you",or"You are
abandoned", were considered as three pronouncements of divorce.
Malik said that any strong statements such as these or others were
considered as three pronouncements of divorce for a woman whose
marriage had been consummated. In the case of a woman whose marriage
had not been consummated, the man was asked to make an oath on his
deen, as to whether he had intended one or three pronouncements of
divorce. If he had intended one pronouncement, he was asked to make an
oath by Allah to confirm it, and he became a suitor among other
suitors, because a woman whose marriage had been consummated, required
three pronouncements of divorce to make her inaccessible for the
husband, whilst only one pronouncement was needed to make a woman
whose marriage had not been consummated inaccessible.
Malik
added, "That is the best of what I have heard about the matter." Muwatta Malik Book 29, Hadith 7