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Hadith 34990
Yahya related to me from Malik from Ibn Shihab that Talha ibn
Abdullah ibn Awf said, and he knew that better than them, from Abu
Salama ibn Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Awf divorced
his wife irrevocably while he was terminally ill, and Uthman ibn Affan
made her an heir after the end of her idda.
Muwatta Malik Book 29, Hadith 44
← Previous Hadith
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
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Yahya related to me from Malik from Abdullah ibn al-Fadl from al-
Araj that Uthman ibn Affan made the wives of ibn Mukmil inherit from
him, and he had divorced them while he was terminally ill. Muwatta Malik Book 29, Hadith 45