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Hadith 34988
Yahya related to me from Malik from Yahya ibn Said from Bukayr
ibn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash al Ansari from Ata
ibn Yasar that a man came and asked Abdullah ibn Amr ibn al-As about a
man who divorced his wife three times before he had had intercourse
with her Ata said, "The divorce of the virgin is one. Abdullah ibn Amr
ibn al-As said to me, 'You say one pronouncement separates her and
three makes her haram until she has married another husband.' "
Muwatta Malik Book 29, Hadith 42
← Previous Hadith
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
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Yahya related to me from Malik from Yahya ibn Said that Bukayr
ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al-
Ansari told him that he was sitting with Abdullah ibn az-Zubayr and
Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came
up to them and said, "A man from the desert has divorced his wife
three times before consummating the marriage, what do you think?"
Abdullah ibn az-Zubayr said "This is something about which we have no
statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with
A'isha. Ask them and then come and tell us." He went and asked them.
Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A
difficult one has come to you." Abu Hurayra said, "One pronouncement
separates her and three makes her haram until she has married another
husband." Ibn Abbas said the like of that.
Malik said, "That
is what is done among us, and when a man marries a woman who has been
married before, and he has not had intercourse with her, she is
treated as a virgin - one pronouncement separates her and three make
her haram until she has married another husband." Muwatta Malik Book 29, Hadith 43