Divorce

Yahya related to me from Malik from Ibn Shihab that Talha ibnAbdullah ibn Awf said, and he knew that better than them, from AbuSalama ibn Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Awf divorcedhis wife irrevocably while he was terminally ill, and Uthman ibn Affanmade her an heir after the end of her idda.

Yahya related to me from Malik from Abdullah ibn al-Fadl from al-Araj that Uthman ibn Affan made the wives of ibn Mukmil inherit fromhim, and he had divorced them while he was terminally ill.

Yahya related to me from Malik that he heard Rabia ibn Abi Abdar-Rahman say, ''I heard that the wife of Abd ar-Rahman ibn Awf askedhim to divorce her. He said, 'When you have menstruated and are pure,then come to me.' She did not menstruate until Abd ar-Rahman ibn Awfwas ill. When she was purified, she told him and he divorced herirrevocably or made a pronouncement of divorce which was all that hehad left over her Abd arRahman ibn Awf was terminally ill at the time,so Uthman ibn Affan made her one of the heirs after the end of heridda."

Yahya related to me from Malik from Yahya ibn Said that Muhammadibn Yahya ibn Habban said, "My grandfather Habban had two wives, onefrom the Hashimites and one from the Ansars. He divorced the Ansariyyawhile she was nursing, and a year passed and he died and she had stillnot yet menstruated. She said, 'I inherit from him. I have notmenstruated yet.' The wives quarrelled and went to Uthman ibn Affan.He decided that she did inherit, and the Hashimiyya rebuked Uthman. Hesaid, 'This is the practice of the son of your paternal uncle. Hepointed this out to us.' He meant Ali ibn Abi Talib."

Yahya related to me from Malik that he had heard Ibn Shihab say,"When a man who is terminally ill divorces his wife three times, sheinherits from him."

Malik said, "If he divorces her while heis terminally ill before he has consummated the marriage, she has halfof the bride-price and inherits, and she does not have to do an idda.If he consummated the marriage, she has all the dowry and inherits.The virgin and the previously married woman are the same in thissituation according to us."

Yahya related to me from Malik fromNafi that Abdullah ibn Umar said, "Every divorced woman hascompensation except for the one who is divorced and is allocated abride-price and has not been touched. She has half of what wasallocated to her."

Yahya related to me from Malik that Ibn Shihab said, "Everydivorced woman has compensation."

Malik said, "I have alsoheard the same as that from al-Qasim ibn Muhammad."

Maliksaid, "There is no fixed limit among us as to how small or large thecompensation is."

Yahya related to me from Malik from Abu'z-Zinad from Sulayman ibnYasar that Nufay, a mukatab of Umm Salama the wife of the Prophet, mayAllah bless him and grant him peace, or her slave, had a free woman asa wife. He divorced her twice, and then he wanted to return to her.The wives of the Prophet, may Allah bless him and grant him peace,ordered him to go to Uthman ibn Affan to ask him about it. He foundhim at ad-Daraj with Zayd ibn Thabit. He asked them, and they bothanticipated him and said, "She is haram for you. She is haram foryou."

Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that Nufay, a mukatab of Umm Salama, the wife of the Prophet,may Allah bless him and grant him peace, divorced his free wife twice,so he asked Uthman ibn Affan for an opinion, and he said, "She isharam for you."

Yahya related to me from Malik from Abdu Rabbih ibn Said fromMuhammad ibn Ibrahim ibn al-Harith at-Taymi that Nufay, a mukatab ofUmm Salama, the wife of the Prophet, may Allah bless him and grant himpeace, asked Zayd ibn Thabit for an opinion. He said, "I have divorcedmy free wife twice." Zayd ibn Thabit said, "She is haram for you."

Yahya related to me from Malik from Nafi that Abdullah ibn Umarsaid, "When the slave divorces his wife twice, she is haram for himuntil she has married another husband, whether she is free or a slave.The idda of a free woman is three menstrual periods, and the idda of aslave-girl is two periods.

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 cannotreturn to her."

Malik said, "A free man is not obliged to payfor the suckling of his son when he is a slave of other people, nor isa slave obliged to spend his money for what his master owns exceptwith the permission of his master."

Yahya related to me from Malik from Yahya ibn Said from Said ibnal-Musayyab that Umar ibn al-Khattab said, "The woman who loses herhusband and does not know where he is, waits for four years, then shedoes idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless ofwhether the new husband has consummated the marriage or not, her firsthusband has no means of access to her."

Malik said, "That iswhat is done among us and if her husband reaches her before she hasremarried, he is more entitled to her."

Malik said that hehad seen people disapproving of someone who said that one of thepeople (of knowledge) attributed to Umar ibn al-Khattab that he said,"Her first husband chooses when he comes either her bride-price or hiswife."

Malik said, "I have heard that Umar ibn al-Khattab,speaking about a woman whose husband divorced her while he was absentfrom her, and then he took her back and the news of his taking herback had not reached her, while the news of his divorcing her had, andso she had married again, said, 'Her first husband who divorced herhas no means of access to her whether or not the new husband hasconsummated the marriage.' "

Malik said, "This is what I likethe best of what I heard about the missing man."

Yahya related to me from Malik from Nafi that Abdullah ibn Umardivorced his wife while she was menstruating in the time of theMessenger of Allah, may Allah bless him and grant him peace, Umar ibnal-Khattab asked the Messenger of Allah, may Allah bless him and granthim peace, about it. The Messenger of Allah, may Allah bless him andgrant him peace, said, "Go and tell him to take her back and keep heruntil she is purified and then has a period and then is purified. Thenif he wishes, he an keep her, and if he wishes he should divorce herbefore he has intercourse with her. That is the idda which Allah hascommanded for women who are divorced."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha, umm al-muminin, that she took Hafsa ibn Abd ar-Rahman ibn Abi Bakr as-Siddiq into her house when she had entered thethird period of her idda. Ibn Shihab said, "That was mentioned to Amrabint Abd ar-Rahman, and she said that Urwa had spoken the truth andpeople had argued with A'isha about it. They said that Allah, theBlessed, the Exalted, said in His Book, 'Three quru.' A'isha said,'You spoke the truth. Do you know what quru are? Quru are times ofbecoming pure after menstruation .' "

Yahya related to me from Malik that Ibn Shihab said that he heardAbu Bakr ibn Abd ar-Rahman say, "I have never seen any of our fuqahawho did not say that this was what the statement of A'isha meant."

Yahya related to me from Malik from Nafi and Zayd ibn Aslam fromSulayman ibn Yasar that al-Ahwas died in Syria when his wife had begunher third menstrual period after he had divorced her. Muawiya ibn AbiSufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him,"When she began her third period, she was free from him and he wasfree from her, and he does not inherit from her nor she from him."

Yahya related to me from Malik that he had heard that Abu Bakribn Abd ar-Rahman and Sulayman ibn Yasar and Ibn Shihab used to say,"When the divorced woman enters the beginning of her third period, sheis clearly separated from her husband and there is no inheritancebetween them and he has no access to her."

Yahya related to me from Malik from Nafi that Abdullah ibn Umarsaid, "When a man divorces his wife and she begins her third period,she is free from him and he is free from her."

Malik said,"This is how things are done among us."

Yahya related to me from Malik from al-Fudayl ibn Abi Abdullah,the mawla of al-Mahri that al-Qasim ibn Muhammad and Salim ibnAbdullah said, "When a woman is divorced and begins her third period,she is clearly separated from him and is free to marry again."