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Hadith 35005
Yahya related to me from Malik from Nafi that Abdullah ibn Umar
divorced his wife while she was menstruating in the time of the
Messenger of Allah, may Allah bless him and grant him peace, Umar ibn
al-Khattab 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, said, "Go and tell him to take her back and keep her
until she is purified and then has a period and then is purified. Then
if he wishes, he an keep her, and if he wishes he should divorce her
before he has intercourse with her. That is the idda which Allah has
commanded for women who are divorced."
Muwatta Malik Book 29, Hadith 59
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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
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Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-
Zubayr from A'isha, umm al-muminin, that she took Hafsa ibn Abd ar-
Rahman ibn Abi Bakr as-Siddiq into her house when she had entered the
third period of her idda. Ibn Shihab said, "That was mentioned to Amra
bint Abd ar-Rahman, and she said that Urwa had spoken the truth and
people had argued with A'isha about it. They said that Allah, the
Blessed, the Exalted, said in His Book, 'Three quru.' A'isha said,
'You spoke the truth. Do you know what quru are? Quru are times of
becoming pure after menstruation .' " Muwatta Malik Book 29, Hadith 60