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Hadith 34954
Yahya related to me from Malik from Yahya ibn Said from al-Qasim
ibn Muhammad that a certain man had taken a slave-girl belonging to
somebody else as a wife. He said to her people, "She is your concern,"
and people considered that to be one pronouncement of divorce.
Muwatta Malik Book 29, Hadith 8
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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
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Yahya related to me from Malik that he heard Ibn Shihab say that
if a man said to his wife, "You are free of me, and I am free of you,
" it counted as three pronouncements of divorce as if it were an
'irrevocable' divorce.
Malik said that if a man made any
strong statement such as these to his wife, it counted as three
pronouncements of divorce for a woman whose marriage had been
consummated, or it was written as one of three for a woman whose
marriage had not been consummated, whichever the man wished. If he
said he intended only one divorce he swore to it and he became one of
the suitors because, whereas a woman whose marriage had been
consummated was made inaccessible by three pronouncements of divorce,
the woman whose marriage had not been consummated was made
inaccessible by only one pronouncement.
Malik said, "That is
the best of what I have heard." Muwatta Malik Book 29, Hadith 9