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Hadith 34982
Yahya related to me from Malik from Nafi that Rubayyi bint
Muawwidh ibn Afra came with her paternal uncle to Abdullah ibn Umar
and told him that she had divorced her husband for a compensation in
the time of Uthman ibn Affan, and he heard about it and did not
disapprove. Abdullah ibn Umar said, "Her idda is the idda of a
divorced woman."
Muwatta Malik Book 29, Hadith 36
← Previous Hadith
Yahya related to me from Malik from Nafi from a mawla of Safiyya
bint Abi Ubayd that she gave all that she possessed to her husband as
compensation for her divorce from him, and Abdullah ibn Umar did not
disapprove of that.
Malik said that divorce was ratified for
a woman who ransomed herself from her husband, when it was known that
her husband was detrimental to her and was oppressive for her, and it
was known that he wronged her, and he had to return her property to
her. Malik added, "This is what I have heard, and it is what is done
among us."
Malik said, "There is no harm if a woman ransoms
herself from her husband for more than he gave her." Muwatta Malik Book 29, Hadith 35
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Yahya related to me from Malik that he had
heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab
all said that a woman who divorced for a compensation had the same
idda as a divorced woman - three periods.
Malik said that a
woman who ransomed herself could not return to her husband except by a
new marriage. If someone married her and then separated from her
before he had intercourse with her, there was no idda against her from
the recent marriage, and she rested on her first idda.
Malik
said, "That is the best that I have heard on the matter."
Malik said, "If, when a woman offers to compensate her husband, he
divorces her straightaway, then that compensation is confirmed for
him. If he makes no response, and then at a later date, does divorce
her, he is not entitled to that compensation." Muwatta Malik Book 29, Hadith 37