Divorce
Muwatta Malik 1256
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، مِثْلَ ذَلِكَ . قَالَ مَالِكٌ فِي الْعَبْدِ يُطَلِّقُ الأَمَةَ طَلاَقًا لَمْ يَبُتَّهَا فِيهِ لَهُ عَلَيْهَا فِيهِ الرَّجْعَةُ ثُمَّ يَمُوتُ وَهِيَ فِي عِدَّتِهَا مِنْ طَلاَقِهِ إِنَّهَا تَعْتَدُّ عِدَّةَ الأَمَةِ الْمُتَوَفَّى عَنْهَا زَوْجُهَا شَهْرَيْنِ وَخَمْسَ لَيَالٍ وَإِنَّهَا إِنْ عَتَقَتْ وَلَهُ عَلَيْهَا رَجْعَةٌ ثُمَّ لَمْ تَخْتَرْ فِرَاقَهُ بَعْدَ الْعِتْقِ حَتَّى يَمُوتَ وَهِيَ فِي عِدَّتِهَا مِنْ طَلاَقِهِ اعْتَدَّتْ عِدَّةَ الْحُرَّةِ الْمُتَوَفَّى عَنْهَا زَوْجُهَا أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا وَذَلِكَ أَنَّهَا إِنَّمَا وَقَعَتْ عَلَيْهَا عِدَّةُ الْوَفَاةِ بَعْدَ مَا عَتَقَتْ فَعِدَّتُهَا عِدَّةُ الْحُرَّةِ . قَالَ مَالِكٌ وَهَذَا الأَمْرُ عِنْدَنَا .
Translation
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
Related hadith
Muwatta Malik 1150
Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by saying I divorce you a…
Muwatta Malik 1151
Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I…
Muwatta Malik 1152
Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the…
Muwatta Malik 1153
Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he…
Muwatta Malik 1154
Yahya related to me from Malik that he had heard that Umar ibn al-Khattab had heard in a letter from Iraq that a man said to his wife,…
Muwatta Malik 1155
Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, "You are haram for me,"…
Muwatta Malik 1156
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you",or"You are…
Muwatta Malik 1157
Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that a certain man had taken a slave-girl belonging to…
Muwatta Malik 1158
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…
Muwatta Malik 1159
Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Umar, and said, "Abu Abd ar-Rahman! I placed the command…
Muwatta Malik 1160
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man gives a woman command over herself, then the result is as…
Muwatta Malik 1161
Yahya related to me from Malik from Said ibn Sulayman ibn Zayd ibn Thabit that Kharija ibn Zayd ibn Thabit told him that he was sitting…