Home Hadith Hadith 34977
Yahya related to me from Malik that he had heard that Said ibn
al-Musayyab said that if a man married a woman, and he was insane or
had a physical defect, she had the right of choice. If she wished she
could stay, and if she wished she could separate from him.
Muwatta Malik Book 29, Hadith 31
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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.
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Malik said that if a slave-girl, who was the wife of a slave, was
set free before he had consummated the marriage, and she chose
herself, then she had no bride-price and it was a pronouncement of
divorce. That was what was done among them.