Home
Hadith
Hadith 35020
Yahya related to me from Malik that he heard Ibn Shihab say, "The
woman who is absolutely divorced does not leave her house until she is
free to remarry. She has no maintenance unless she is pregnant. In
that circumstance the husband spends on her until she gives birth."
Malik said, "This is what is done among us."
Muwatta Malik Book 29, Hadith 74
← Previous Hadith
Yahya related to me from Malik from Abdullah ibn Yazid, the mawla
of al-Aswad ibn Sufyan from Abu Salama ibn Abd ar-Rahman ibn Awf from
Fatima bint Qays that Abu Amr ibn Hafs divorced her absolutely while
he was away in Syria. His agent sent her some barley and she was
displeased with it, saying, "By Allah, I don't expect anything from
you." She went to the Messenger of Allah, may Allah bless him and
grant him peace, and mentioned it to him. He said, "You have no
maintenance." He then ordered her to spend her idda in the house of
Umm Sharik. Then he said, "This is a woman whom my companions visit.
Spend the idda in the house of Ibn Umm Maktum. He is a blind man and
you can undress at his home. When you are free to remarry, tell me."
She continued, "When I was free to remarry, I mentioned to
him that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham had asked for
me in marriage. The Messenger of Allah, may Allah bless him and grant
him peace, said, 'As for Abu Jahm, he never puts down his stick from
his shoulder (i.e. he is always travelling), and as for Muawiya he is
a poor man with no property. Marry Usama ibn Zayd.' I objected to him
and he said, 'Marry Usama ibn Zayd,' so I married him, and Allah put
good in it and I was content with him." Muwatta Malik Book 29, Hadith 73
Next Hadith →
Malik said, "What is done among us when a slave divorces a slave-
girl when she is a slave and then she is set free, is that her idda is
the idda of a slave-girl, and her being set free does not change her
idda whether or not he can still return to her. Her idda is not
altered."
Malik added, "The hadd-punishment which a slave
incurs is the same as this. When he is freed after he has incurred but
before the punishment has been executed, his hadd is the hadd of the
slave."
Malik said, "When a free man divorces a slave-girl
three times, her idda is two periods. When a slave divorces a free
woman twice, her idda is three periods."
Malik said about a
man who had a slave-girl as a wife, and he bought her and set her
free, ''Her idda is the idda of a slave-girl, i.e. two periods, as
long as he has not had intercourse with her. If he has had intercourse
with her after buying her and before he set her free, she only has to
wait until one period has passed . " Muwatta Malik Book 29, Hadith 75