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(Book 28, Hadith 31) #36191
Marriage of a Slave Girl and Her Former Husband

SUMMARY: A slave girl who is divorced by her husband cannot be remarried to the same husband without marrying another man first.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked whether, when a man married a slave of his to a slave-girl and the slave divorced her irrevocably, and then her master gave her to the slave, she was then halal for the slave by the possession of the right hand. They said, "No. She is not halal until she has married another husband".
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ سَعِيدَ بْنَ الْمُسَيَّبِ، وَسُلَيْمَانَ بْنَ يَسَارٍ، سُئِلاَ عَنْ رَجُلٍ، زَوَّجَ عَبْدًا لَهُ جَارِيَةً فَطَلَّقَهَا الْعَبْدُ الْبَتَّةَ ثُمَّ وَهَبَهَا سَيِّدُهَا لَهُ هَلْ تَحِلُّ لَهُ بِمِلْكِ الْيَمِينِ فَقَالاَ لاَ تَحِلُّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ

TOPICS
marriage  *  divorce  *  slave  *  nikah  *  talaq  *  aabd  *  halal

QUICK LESSONS:
Uphold justice and fairness in marriage relationships ; Respect women's rights ; Ensure equality between men & women ; Avoid unequal relationships due to power dynamics like slavery or other forms of oppression/exploitation ; Uphold Islamic law regarding marriage contracts & divorce proceedings .

EXPLANATIONS:
This hadith discusses the marriage of a slave girl who has been divorced by her former husband. According to this hadith, it is not permissible for the former husband to remarry his ex-wife without her marrying another man first. This ruling applies even if the former husband still owns his ex-wife as a slave. The reason for this ruling is that it would be unfair for the woman if she were forced into an unequal relationship with someone who already has power over her due to owning her as a slave. Therefore, in order for justice and fairness to prevail in such cases, it is necessary that she marries another man before being allowed to marry her former husband again.

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