Home
Hadith
Hadith 35003
Malik said, "Neither a free man nor a slave who divorces a slave-
girl nor a slave who divorces a free woman, in an irrevocable divorce,
is obliged to pay maintenance even if she is pregnant, and he cannot
return to her."
Malik said, "A free man is not obliged to pay
for the suckling of his son when he is a slave of other people, nor is
a slave obliged to spend his money for what his master owns except
with the permission of his master."
Muwatta Malik Book 29, Hadith 57
← Previous Hadith
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
said, "If a man gives his slave permission to marry, the divorce is in
the hand of the slave, and nobody else has any power over his divorce.
Nothing is held against a man who takes the slave-girl of his male
slave or the slave-girl of his female-slave." Muwatta Malik Book 29, Hadith 56
Next Hadith →
Yahya related to me from Malik from Yahya ibn Said from Said ibn
al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her
husband and does not know where he is, waits for four years, then she
does idda for four months, and then she is free to marry."
Malik said, "If she marries after her idda is over, regardless of
whether the new husband has consummated the marriage or not, her first
husband has no means of access to her."
Malik said, "That is
what is done among us and if her husband reaches her before she has
remarried, he is more entitled to her."
Malik said that he
had seen people disapproving of someone who said that one of the
people (of knowledge) attributed to Umar ibn al-Khattab that he said,
"Her first husband chooses when he comes either her bride-price or his
wife."
Malik said, "I have heard that Umar ibn al-Khattab,
speaking about a woman whose husband divorced her while he was absent
from her, and then he took her back and the news of his taking her
back had not reached her, while the news of his divorcing her had, and
so she had married again, said, 'Her first husband who divorced her
has no means of access to her whether or not the new husband has
consummated the marriage.' "
Malik said, "This is what I like
the best of what I heard about the missing man." Muwatta Malik Book 29, Hadith 58