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Hadith 35026
Yahya related to me from Malik that he had heard that Umar ibn
al-Khattab, Abdullah ibn Umar, Abdullah ibn Masud, Salim ibn Abdullah,
al-Qasim ibn Muhammad, Ibn Shihab,and Sulayman ibn Yasar all said, "If
a man has vowed to divorce his wife before marrying her and then he
breaks his vow, divorce is obligatory for him when he marries her."
Muwatta Malik Book 29, Hadith 80
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Yahya related to me from Malik that he had heard that Ali ibn Abi
Talib said about the two arbiters about whom Allah, the Exalted,
said,"If you fear a breach between the two, appoint an arbiter from
his people, and an arbiter from her people. If they desire to set
things aright, Allah will make peace between them, surely Allah is
Knowing, Aware," (Sura 4 ayat 35), that the separation and the joining
were overseen by the two of them.
Malik said, "That is the
best of what I have heard from the people of knowledge. Whatever the
two arbiters say concerning separation or joining is taken into
consideration " Muwatta Malik Book 29, Hadith 79
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"As for his wives, it is divorce as he said, and as for his
statement, 'Every woman I marry is divorced', if he did not name a
specific woman, tribe, or land, or such, it is not binding on him and
he can marry as he wishes. As for his property, he gives a third of it
away as sadaqa." Muwatta Malik Book 29, Hadith 81