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Sunan Abi Dawud 2187 (Book 13, Hadith 13) #22478
Marriage After Freedom

SUMMARY: It is permissible for a man to marry his former slave-wife after they have both been freed.

Narrated Umar ibn Mu'tab: Abu Hasan, a client of Banu Nawfal asked Ibn Abbas: A slave had a wife who was a slave-girl. He divorced her by two pronouncements. Afterwards both of them were freed. Is it permissible for him to ask her in marriage again? He said: Yes. This is a decision given by the Messenger of Allah .
حَدَّثَنَا زُهَيْرُ بْنُ حَرْبٍ، حَدَّثَنَا يَحْيَى بْنُ سَعِيدٍ، حَدَّثَنَا عَلِيُّ بْنُ الْمُبَارَكِ، حَدَّثَنِي يَحْيَى بْنُ أَبِي كَثِيرٍ، أَنَّ عُمَرَ بْنَ مُعَتِّبٍ، أَخْبَرَهُ أَنَّ أَبَا حَسَنٍ مَوْلَى بَنِي نَوْفَلٍ أَخْبَرَهُ أَنَّهُ، اسْتَفْتَى ابْنَ عَبَّاسٍ فِي مَمْلُوكٍ كَانَتْ تَحْتَهُ مَمْلُوكَةٌ فَطَلَّقَهَا تَطْلِيقَتَيْنِ ثُمَّ عَتَقَا بَعْدَ ذَلِكَ هَلْ يَصْلُحُ لَهُ أَنْ يَخْطُبَهَا قَالَ نَعَمْ قَضَى بِذَلِكَ رَسُولُ اللَّهِ

TOPICS
marriage  *  divorce  *  slavery  *  permissibility  *  zawaj  *  talaq  *  ibada  *  ijazah

QUICK LESSONS:
Respect relationships formed during slavery; treat all people equally regardless of social status or background; follow the decision given by the Messenger of Allah .

EXPLANATIONS:
This hadith discusses the permissibility of a man marrying his former slave-wife after they have both been freed. The hadith narrates that Abu Hasan, a client of Banu Nawfal asked Ibn Abbas about this issue, and he replied that it was permissible according to the decision given by the Messenger of Allah. This hadith teaches us that even though slavery is an oppressive institution, it does not necessarily mean that any relationships formed during this time are invalid or immoral. Rather, if two people were married while in slavery and then later become free, their marriage remains valid and can be continued if desired by both parties.

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