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Sunan an-Nasai 3428 (Book 27, Hadith 40) #18040
Marriage of a Former Slave

SUMMARY: The hadith is about a slave who divorced his wife twice and was then set free, and whether he could marry her again.

It was narrated that Abu Al-Hasan, the freed slave of Banu Nawfal, said: "Ibn 'Abbas was asked about a slave who divorced his wife twice, then they were set free; could he marry her? He said: 'Yes'. He said: 'From whom (did you hear that)?' He said: 'The Messenger of Allah issued a Fatwa to that effect'." (One of the narrators) 'Abdur-Razzaq said: "Ibn Al-Mubarak said to Ma'mar: 'Which Al-Hasan is this? He has taken on a heavy burden'."
أَخْبَرَنَا مُحَمَّدُ بْنُ رَافِعٍ، قَالَ حَدَّثَنَا عَبْدُ الرَّزَّاقِ، قَالَ أَنْبَأَنَا مَعْمَرٌ، عَنْ يَحْيَى بْنِ أَبِي كَثِيرٍ، عَنْ عُمَرَ بْنِ مُعَتِّبٍ، عَنِ الْحَسَنِ، مَوْلَى بَنِي نَوْفَلٍ قَالَ سُئِلَ ابْنُ عَبَّاسٍ عَنْ عَبْدٍ طَلَّقَ، امْرَأَتَهُ تَطْلِيقَتَيْنِ ثُمَّ عُتِقَا أَيَتَزَوَّجُهَا قَالَ نَعَمْ ‏.‏ قَالَ عَمَّنْ قَالَ أَفْتَى بِذَلِكَ رَسُولُ اللَّهِ قَالَ عَبْدُ الرَّزَّاقِ قَالَ ابْنُ الْمُبَارَكِ لِمَعْمَرٍ الْحَسَنُ هَذَا مَنْ هُوَ لَقَدْ حَمَلَ صَخْرَةً عَظِيمَةً

TOPICS
fatwa  *  marriage  *  divorce  *  slave  *  talaq  *  zawaj  *  abd

QUICK LESSONS:
Seek guidance from religious scholars for important decisions in life, Respect for Islamic law/guidance given by Prophet Muhammad SAWW .

EXPLANATIONS:
This hadith discusses the issue of marriage between a former slave and his ex-wife. Ibn 'Abbas was asked if it was permissible for a former slave to marry his ex-wife after they were both set free from slavery. He answered that it was permissible according to the fatwa issued by the Messenger of Allah. This hadith teaches us that even though someone may have been in servitude before, they still have rights when it comes to marriage and should not be discriminated against because of their past status as slaves. It also shows us that we should always seek guidance from religious scholars when making decisions regarding our lives as Muslims, since they are more knowledgeable than us in matters related to Islamic law.

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