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Quran
5.66. Wenn sie nur die Tora und das Evangelium und das befolgten, was zu ihnen (als Offenbarung) von ihrem Herrn herabgesandt wurde, würden sie fürwahr von (den guten Dingen) über ihnen und unter ihren Füßen essen. Unter ihnen ist eine gemäßigte Gemeinschaft; aber wie böse ist bei vielen von ihnen, was sie tun.

[ alMa'ida:66 ]


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 Kapitel: Divorce
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Ansicht der Ahadith 97-108 von 111 Ahadith, Seite 9/10

 

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Kapitel: 29, Nummer: 86
Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, When she gives birth to the child she is carrying, she is free to marry. Ibn Abbas said, At the end of two periods. Abu Hurayra came and said, I am with my nephew, meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, You are free to marry, so marry whomever you wish.

Malik said, This is how the people of knowledge here continue to act.

29.31 Widows Remaining in Their Houses until Free to Marry


Kapitel: 29, Nummer: 87
Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibn Ujra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furaya bint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum, (which is 6 miles from Madina), and they had killed him.

She said, I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me in a dwelling which belonged to him, and had left me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said,'Yes.' So I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, 'What did you say?' I repeated the story about my husband. He said, 'Stay in your house until what is written reaches its term.' I did the idda in the house for four months and ten days.

She added, When Uthman ibn Affan sent for me, I told him that, and he followed it and made decisions by it.


Kapitel: 29, Nummer: 88
Yahya related to me from Malik from Humayd ibn Qays al-Makki from Amr ibn Shuayb from Said ibn al-Musayyab that Umar ibn al-Khattab sent back widows from the desert and prevented them from doing the hajj.

Yahya related to me from Malik from Yahya ibn Saqd that he had heard that as-Sa'ib ibn Khabbab died, and his wife went to Abdullah ibn Umar and mentioned to him that her husband had died and mentioned some land which they had at Qanah, (a district on the outskirts of Madina), and asked him if it would be alright for her to stay overnight there. He forbade her to do so. So, she went out before dawn from Madina and spent the whole day on their land, but when evening came, she spent the night in her house.


Kapitel: 29, Nummer: 89
Yahya related to me from Malik that Hisham ibn Urwa said about a Bedouin woman whose husband died, that she was to stay where her people stayed.

Malik said, This is what is done among us.


Kapitel: 29, Nummer: 9
Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, You are free of me, and I am free of you, it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.

Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.

Malik said, That is the best of what I have heard.


Kapitel: 29, Nummer: 90
Yahya related to me from Malik from Nafi that Abdullan ibn Umar said, The only place a woman whose husband has died and a woman who is absolutely divorced can spend the night is in their houses.


Kapitel: 29, Nummer: 91
Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. Al-Qasim ibn Muhammad said, Glory be to Allah! Allah says in His Book, 'Those of you who die, leaving wives, they are not wives.'


Kapitel: 29, Nummer: 92
Malik related to me from Nafi that Abdullah ibn Umar said, The idda of an umm walad when her master dies is one menstrual period.

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, The idda of an umm walad when her master dies is one menstrual period.

Malik said, This is what is done among us.

Malik added, If she does not have a menstrual period, her idda is three months.


Kapitel: 29, Nummer: 93
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, The idda of a slave-girl when her husband dies is two months and five days.


Kapitel: 29, Nummer: 94
Yahya related to me the like of that from Malik from Ibn Shihab.

Malik said, about a slave who divorced a slave-girl but did not make it absolute, He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave-girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman.

Malik said, That is what is done among us.


Kapitel: 29, Nummer: 95
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from Muhammad ibn Yahya ibn Habban that Ibn Muhayriz said, I went into the mosque and saw Abu Said al-Khudri and so I sat by him and asked him about coitus interruptus. Abu Said al-Khudri said, 'We went out with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition to the Banu al-Mustaliq. We took some Arabs prisoner, and we desired the women as celibacy was hard for us. We wanted the ransom, so we wanted to practise coitus interruptus. We said, 'Shall we practise coitus interruptus while the Messenger of Allah, may Allah bless him and grant him peace, is among us before we ask him?' We asked him about that and he said, 'You don't have to not do it. There is no self which is to come into existence up to the Day of Rising but that it will come into existence.'


Kapitel: 29, Nummer: 96
Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar ibn Ubaydullah from Amir ibn Sad ibn Abi Waqqas from his father that he used to practise coitus interruptus.



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