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Hadith 34986
Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had been
pronounced or the child of fornication, died, his mother inherited
from him her right in the Book of Allah the Exalted, and his maternal
half-brothers had their rights. The rest was inherited by the owners
of his mother's wala' if she was a freed slave. If she was an ordinary
free woman, she inherited her right, his maternal brothers inherited
their rights, and the rest went to the Muslims.
Malik said,"I
heard the same as that from Sulayman ibn Yasar, and it is what I saw
the people of knowledge in our city doing."
Muwatta Malik Book 29, Hadith 40
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Yahya related to me from Malik from Nafic from Abdullah ibn Umar
that a man cursed his wife in the time of the Messenger of Allah, may
Allah bless him and grant him peace, and disowned her child. The
Messenger of Allah, may Allah bless him and grant him peace, separated
them and gave the child to the woman.
Malik said, "Allah the
Blessed, the Exalted, said, 'The testimony of men who accuse their
wives but do not have any witnesses except themselves is to testify by
Allah four times that he is being truthful, and a fifth time, that the
curse of Allah will be upon him, if he should be a liar. She will
avoid punishment if she testifies by Allah four times that he is a
liar, and a fifth time, that the wrath of Allah shall be upon her, if
he should be telling the truth. ' "(Sura 24 ayat 6).
Malik
said, "The sunna with us is that those who curse each other are never
to be remarried. If the man calls himself a liar, (i.e. takes back his
accusation), he is flogged with the hadd-punishment, and the child is
given to him, and his wife can never return to him. There is no doubt
or dispute about this sunna among us. "
Malik said, "If a man
separates from his wife by an irrevocable divorce by which he cannot
return to her, and then he denies the paternity of the child she is
carrying, whilst she claims that he is the father, and it is possible
by the timing, that he be so, he must curse her, and the child is not
recognised as his."
Malik said, "That is what is done among
us, and it is what I have heard from the people of knowledge."
Malik said that a man who accused his wife after he had divorced
her trebly while she was pregnant, and he had at first accepted being
the father but then claimed that he had seen her committing adultery
before he separated from her, was flogged with the hadd-punishment,
and did not curse her.
If he denied the paternity of her
child after he had divorced her trebly, and he had not previously
accepted it, then he cursed her.
Malik said, "This is what I
have heard."
Malik said, "The slave is in the same position
as the free man as regards making accusations and invoking mutual
curses (lian). He acts in the lian as the free man acts although there
is no hadd applied for slandering a female-slave."
Malik
said, "The muslim slave-girl and the christian and jewish free woman
also do lian when a free muslim marries one of them and has
intercourse with her. That is because Allah - may He be blessed and
Exalted, said in His Book, 'As for those who accuse their wives,' and
they are their wives. This is what is done among us.
Malik
said that a man who did the lian with his wife, and then stopped and
called himself a liar after one or two oaths and he had not cursed
himself in the fifth one, had to be flogged with the hadd-punishment,
but they did not have to be separated.
Malik said that if a
man divorced his wife and then after three months the woman said, "I
am pregnant," and he denied paternity, then he had to do lian.
Malik said that the husband of a female slave who pronounced the
lian on her and then bought her, was not to have intercourse with her,
even if he owned her. The sunna which had been handed down about a
couple who mutually cursed each other in the lian was that they were
never to return to each other.
Malik said that when a man
pronounced the lian against his wife before he had consummated the
marriage, she only had half of the bride price. Muwatta Malik Book 29, Hadith 39
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Yahya related to me from Malik from Ibn Shihab from Muhammad ibn
Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said,
"A man divorced his wife three times before he had consummated the
marriage, and then it seemed good to him to marry her. Therefore, he
wanted an opinion, and I went with him to ask Abdullah ibn Abbas and
Abu Hurayra on his behalf about it, and they said, 'We do not think
that you should marry her until she has married another husband.' He
protested that his divorcing her had been only once. Ibn Abbas said,
'You threw away what you had of blessing.' " Muwatta Malik Book 29, Hadith 41