Home Hadith Hadith 34975
ahya related to me from Malik from Nafi that Abdullah ibn Umar
said that a female slave who was the wife of a slave and then was set
free, had the right of choice as long as he did not have intercourse
with her.
Muwatta Malik Book 29, Hadith 29
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firstly was
that when she was set free she was given her choice about her husband,
secondly, the Messenger of Allah, may Allah bless him and grant him
peace, said about her, 'The right of inheritance belongs to the person
who has set a person free,' thirdly, the Messenger of Allah, may Allah
bless him and grant him peace, came in and there was a pot with meat
on the boil. Bread and condiments were brought to him from the stock
of the house. The Messenger of Allah, may Allah bless him and grant
him peace, said, 'Didn't I see a pot with meat in it?' They said,
'Yes, Messenger of Allah. That is meat which was given as sadaqa for
Barira, and you do not eat sadaqa.' The Messenger of Allah, may Allah
bless him and grant him peace, said, 'It is sadaqa for her, and it is
a gift for us.' "
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Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-
Zubayr that a mawla of the tribe of Banu Adi called Zabra told him
that she had been the wife of a slave when she was a slave-girl. Then
she was set free and she sent a message to Hafsa, the wife of the
Prophet, may Allah bless him and grant him peace. Hafsa called her and
said, "I will tell you something., but I would prefer that you did not
act upon it. You have authority over yourself as long as your husband
does not have intercourse with you. If he has intercourse with you,
you have no authority at all." Therefore she pronounced her divorce
from him three times.