Home
Hadith
Hadith 34972
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."
Muwatta Malik Book 29, Hadith 26
← Previous Hadith
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." Muwatta Malik Book 29, Hadith 25
Next Hadith →
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. Muwatta Malik Book 29, Hadith 27