Divorce

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili thatAllah, the Blessed, the Exalted, sent down about a man who divorcedhis wife and then returned to her while he had no need of her and didnot mean to keep her so as to make the idda period long for her bythat in order to do her harm, "Do not retain them by force, totransgress. Whoever does that has wronged himself." (Sura 2 ayat 231).Allah warns them by that ayat.

Yahya related to me fromMalik that he had heard that Said ibn al-Musayyab said, "If a man doesnot find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge inour city doing."

29.30 Idda of Widows when Pregnant

Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qaysthat Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and AbuHurayra were asked when a pregnant woman whose husband had died couldremarry. Ibn Abbas said, "At the end of two periods." Abu Hurayrasaid, "When she gives birth, she is free to marry." Abu Salama ibn Abdar-Rahman visited Umm Salama, the wife of the Prophet, may Allah blesshim and grant him peace, and asked her about it Umm Salama said,''Subaya al-Aslamiya gave birth half a month after the death of herhusband, and two men asked to marry her. One was young and the otherwas old. She preferred the young man and so the older man said, 'Youare not free to marry yet.' Her family were away and he hoped thatwhen her family came, they would give her to him. She went to theMessenger of Allah, may Allah bless him and grant him peace, and hesaid, 'You are free to marry, so marry whomever you wish.' "

Yahya related to me from Malik from Nafi that Abdullah ibn Umarwas asked about a woman whose husband died while she was pregnant, andhe said, "When she gives birth, she is free to marry." A man of theAnsar who was with him told him that Umar ibn al-Khattab had said,"Had she given birth while her husband was still on his bed, unburied,she would be free to marry."

Yahya related to me from Malik from Hisham ibn 'Urwa from hisfather that al-Miswar ibn Makhrama told him that Subaya al-Aslamiyagave birth a few nights after the death of her husband. The Messengerof Allah, may Allah bless him and grant him peace, said to her, "Youare free to marry, so marry whomever you wish."

Yahya related to me from Malik from Yahya ibn Said from Sulaymanibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibnAwf differed on the question of a wornan who gave birth a few nightsafter the death of her husband. Abu Salama said, "When she gives birthto 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 mynephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibnAbbas to Umm Salama, the wife of the Prophet, may Allah bless him andgrant him peace, to ask her about it. He came back and told them thatshe had said that Subaya al-Aslamiya had given birth a few nightsafter the death of her husband, and she had brought the matter to theMessenger of Allah, may Allah bless him and grant him peace, and hehad said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue toact."

29.31 Widows Remaining in Their Houses until Free toMarry

Yahya related to me from Malik from Said ibn Ishaq ibn Kab ibnUjra from his paternal aunt, Zaynab bint Kab ibn Ujra that al-Furayabint Malik ibn Sinan, the sister of Abu Said al-Khudri, informed herthat she went to the Messenger of Allah, may Allah bless him and granthim peace, and asked to be able to return to her people among the BanuKhudra since her husband had gone out in search of some of his slaveswho had run away and he had caught up with them near al-Qudum, (whichis 6 miles from Madina), and they had killed him.

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

She added, "WhenUthman ibn Affan sent for me, I told him that, and he followed it andmade decisions by it."

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

Yahya related to me from Malik that Hisham ibn Urwa said about aBedouin woman whose husband died, that she was to stay where herpeople stayed.

Malik said, "This is what is done among us."

Yahya related to me from Malik from Nafi that Abdullan ibn Umarsaid, "The only place a woman whose husband has died and a woman whois absolutely divorced can spend the night is in their houses."

Yahya related to me from Malik that Yahya ibn Said said that hehad heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malikseparated some men and their wives who were slave-girls who had bornechildren to men who had died, because they had married them after oneor two menstrual periods. He separated them until they had done anidda of four months and ten days. Al-Qasim ibn Muhammad said, "Glorybe to Allah! Allah says in His Book, 'Those of you who die, leavingwives, they are not wives.' "

Malik said, "This is what isdone among us."

Malik added, "If she does not have amenstrual period, her idda is three months."

Yahya related to me from Malik that he had heard that Said ibnal-Musayyab and Sulayman ibn Yasar said, "The idda of a slave-girlwhen her husband dies is two months and five days."

Yahya related to me the like of that from Malik from Ibn Shihab.

Malik said, about a slave who divorced a slave-girl but didnot make it absolute, "He can return to her. If he then dies while sheis 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 shehas been set free and he can return to her, and she does not choose toseparate after she has been set free, and he dies while she is in theidda from the divorce, she does the idda of a free woman whose husbandhas died, four months and ten days. That is because the idda ofwidowhood befell her while she was free, so her idda is the idda of afree woman."

Malik said, "That is what is done among us."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahmanfrom Muhammad ibn Yahya ibn Habban that Ibn Muhayriz said, "I wentinto the mosque and saw Abu Said al-Khudri and so I sat by him andasked him about coitus interruptus. Abu Said al-Khudri said, 'We wentout with the Messenger of Allah, may Allah bless him and grant himpeace, on the expedition to the Banu al-Mustaliq. We took some Arabsprisoner, and we desired the women as celibacy was hard for us. Wewanted the ransom, so we wanted to practise coitus interruptus. Wesaid, 'Shall we practise coitus interruptus while the Messenger ofAllah, may Allah bless him and grant him peace, is among us before weask him?' We asked him about that and he said, 'You don't have to notdo it. There is no self which is to come into existence up to the Dayof Rising but that it will come into existence.' "

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umaribn Ubaydullah from Amir ibn Sad ibn Abi Waqqas from his father thathe used to practise coitus interruptus.

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umaribn Ubaydullah from Ibn Aflah, the mawla of Abu Ayyub al-Ansari froman umm walad of Abu Ayyubal-Ansari that he practised coitusinterruptus.

Yahya related to me from Malik from Nafi that Abdullah ibn Umardid not practise coitus interruptus and thought that it wasdisapproved.

Yahya related to me from Malik from Damra ibn Said al-Mazini fromal-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabitwhen Ibn Fahd came to him. He was from the Yemen. He said, "Abu Said!I have slave-girls. None of the wives in my keep are more pleasing tome than them, and not all of them please me so much that I want achild by them, shall I then practise coitus interruptus?" Zayd ibnThabit said, "Give an opinion, Hajjaj!" "I said, 'May Allah forgiveyou! We sit with you in order to learn from you!' He said, 'Give anopinion! 'I said, 'She is your field, if you wish, water it, and ifyou wish, leave it thirsty. I heard that from Zayd.' Zayd said, 'Hehas spoken the truth.' "

Yahya related to me from Malik from Humayd ibn Qays al-Makki thata man called Dhafif said that Ibn Abbas was asked about coitusinterruptus. He called a slave-girl of his and said, "Tell them." Shewas embarrassed. He said, "It is alright, and I do it myself."

Malik said, "A man does not practise coitus interruptus with afree woman unless she gives her permission. There is no harm inpractising coitus interruptus with a slave-girl without herpermission. Someone who has someone else's slave-girl as a wife, doesnot practise coitus interruptus with her unless her people give himpermission."