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Quran
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 37.26. Nein! Vielmehr ergeben sie sich heute.
[ asSaffat:26 ]
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Kapitel: 29, Nummer: 64 |
| Yahya related to me from Malik from Nafi that the daughter of Said ibn Zayd ibn Amr ibn Nufayl was the wife of Abdullah ibn Umar ibn Uthman ibn Affan, and he divorced her irrevocably and she moved out. Abdullah ibn Umar rebuked her for that.
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Kapitel: 29, Nummer: 65 |
| Yahya related to me from Malik from Nafi that Abdullah ibn Umar divorced one of his wives in the house of Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, while he was on the way to the mosque. He went another route from behind the houses being averse to ask permission to enter until he returned to her.
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Kapitel: 29, Nummer: 66 |
| Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Said ibn al-Musayyab said, Her husband is obliged to pay it. Someone asked, what if her husband does not have it? He said, Then she must pay it. Someone asked, And if she does not have it? He said, Then the Amir must pay it.
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Kapitel: 29, Nummer: 67 |
| 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.
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Kapitel: 29, Nummer: 68 |
| 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.
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Kapitel: 29, Nummer: 69 |
| 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 .
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Kapitel: 29, Nummer: 7 |
| Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like I cut myself off from you,orYou are abandoned, were considered as three pronouncements of divorce. Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible. Malik added, That is the best of what I have heard about the matter.
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Kapitel: 29, Nummer: 70 |
| Yahya related to me from Malik from Yahya ibn Said and from Yazid ibn Abdullah ibn Qusayt al-Laythi that Said ibn al-Musayyab said, ''Umar ibn al-Khattab said, 'If a woman is divorced and has one or two periods and then stops menstruating, she must wait nine months. If it is clear that she is pregnant, that is that. If not, she must do an idda of three months after the nine, and then she is free to marry.' Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, Divorce belongs to men, and women have the idda.
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Kapitel: 29, Nummer: 71 |
| Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab said, The idda of the woman who bleeds constantly is a year. Malik said, What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable. Malik said, The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her. Malik said, What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce.
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Kapitel: 29, Nummer: 72 |
| 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
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Kapitel: 29, Nummer: 73 |
| 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. Yahya related to me from Malik that he had heard that Abdullah ibn Masud said that there was nothing binding on someone who said, Every woman I marry is divorced, if he did not name a specific tribe or woman. Malik said, That is the best of what I have heard. Malik said about a man saying to his wife, You are divorced, and every woman I marry is divorced, or that all his property would be sadaqa if he did not do such-and-such, and he broke his oath: 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.
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Kapitel: 29, Nummer: 74 |
| Yahya related to me from Malik from Ibn Shihab that Said ibn al-Musayyab said, If someone marries a woman and cannot have intercourse with her, there is a deadline of a year set for him to have intercourse with her. If he does not, they are separated.
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