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Hadith 34983
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
← Previous Hadith
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
Next Hadith →
Yahya related to me from Malik from Ibn Shihab that Sahl ibn Sad
as-Saidi told him that Uwaymir al-Ajlani came to Asim ibn Adi al-
Ansari and said to him, "Asim! What do you think a man who finds
another man with his wife should do? Should he kill him and then be
killed himself, or what should .he do? Asim! ask the Messenger of
Allah, may Allah bless him and grant him peace, about that for me."
Asim asked the Messenger of Allah, may Allah bless him and grant him
peace, about it. The Messenger of Allah, may Allah bless him and grant
him peace, was revolted by the questions and reproved them until what
he heard from the Messenger of Allah, may Allah bless him and grant
him peace. was intolerable for Asim. When Asim returned to his people,
Uwaymir came to him and said, " Asim! what did the Messenger of Allah,
may Allah bless him and grant him peace, say to you?" Asim said to
Uwaymir, "You didn't bring me any good. The Messenger of Allah, may
Allah bless him and grant him peace, was revolted by the question
which I asked him." Uwaymir said, "By Allah! I will not stop until I
ask him about it!" Uwaymir stood up and went to the Messenger of
Allah, may Allah bless him and grant him peace, in the middle of the
people and said, "Messenger of Allah! What do you think a man who
finds another man with his wife should do? Should he kill him and then
be killed himself, or what should he do?" The Messenger of Allah, may
Allah bless him and grant him peace, said, "Something has been sent
down about you and your wife, so go and bring her."
Sahl
continued, "They mutually cursed one another in the presence of the
Messenger, may Allah bless him and grant him peace, and I was present
with the people. When they finished cursing each other, Uwaymir said,
'I shall have lied about her, Messenger of Allah, if I keep her,' and
pronounced the divorce three times before the Messenger of Allah, may
Allah bless him and grant him peace, ordered him to do it."
Malik said that Ibn Shihab said, "That was how the sunna of a couple
mutually cursing each other was established (lian)." Muwatta Malik Book 29, Hadith 38