Divorce
Muwatta Malik 1209
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ، قَالَ أَيُّمَا امْرَأَةٍ فَقَدَتْ زَوْجَهَا فَلَمْ تَدْرِ أَيْنَ هُوَ فَإِنَّهَا تَنْتَظِرُ أَرْبَعَ سِنِينَ ثُمَّ تَعْتَدُّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ثُمَّ تَحِلُّ . قَالَ مَالِكٌ وَإِنْ تَزَوَّجَتْ بَعْدَ انْقِضَاءِ عِدَّتِهَا فَدَخَلَ بِهَا زَوْجُهَا أَوْ لَمْ يَدْخُلْ بِهَا فَلاَ سَبِيلَ لِزَوْجِهَا الأَوَّلِ إِلَيْهَا . قَالَ مَالِكٌ وَذَلِكَ الأَمْرُ عِنْدَنَا وَإِنْ أَدْرَكَهَا زَوْجُهَا قَبْلَ أَنْ تَتَزَوَّجَ فَهُوَ أَحَقُّ بِهَا . قَالَ مَالِكٌ وَأَدْرَكْتُ النَّاسَ يُنْكِرُونَ الَّذِي قَالَ بَعْضُ النَّاسِ عَلَى عُمَرَ بْنِ الْخَطَّابِ أَنَّهُ قَالَ يُخَيَّرُ زَوْجُهَا الأَوَّلُ إِذَا جَاءَ فِي صَدَاقِهَا أَوْ فِي امْرَأَتِهِ .
Translation
Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her." Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master
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…