Divorce
Muwatta Malik 1227
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، وَعَنْ يَزِيدَ بْنِ عَبْدِ اللَّهِ بْنِ قُسَيْطٍ اللَّيْثِيِّ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّهُ قَالَ قَالَ عُمَرُ بْنُ الْخَطَّابِ أَيُّمَا امْرَأَةٍ طُلِّقَتْ فَحَاضَتْ حَيْضَةً أَوْ حَيْضَتَيْنِ ثُمَّ رَفَعَتْهَا حَيْضَتُهَا فَإِنَّهَا تَنْتَظِرُ تِسْعَةَ أَشْهُرٍ فَإِنْ بَانَ بِهَا حَمْلٌ فَذَلِكَ وَإِلاَّ اعْتَدَّتْ بَعْدَ التِّسْعَةِ الأَشْهُرِ ثَلاَثَةَ أَشْهُرٍ ثُمَّ حَلَّتْ .
Translation
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 . " 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
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…