Hadith+
    Beta 2
Help
 
X
GO
Browse All Books    Browse All Topics
LiteView
 
Quick Search 
(Book 29, Hadith 9) #36226
Divorce Pronouncement in Marriage

SUMMARY: A man's statement of "You are free of me, and I am free of you" is considered as three pronouncements of divorce for a woman whose marriage has been consummated, or one for a woman whose marriage has not been consummated.

Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce. Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement. Malik said, "That is the best of what I have heard".
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ سَمِعَ ابْنَ شِهَابٍ، يَقُولُ فِي الرَّجُلِ يَقُولُ لاِمْرَأَتِهِ بَرِئْتِ مِنِّي وَبَرِئْتُ مِنْكِ إِنَّهَا ثَلاَثُ تَطْلِيقَاتٍ بِمَنْزِلَةِ الْبَتَّةِ ‏.‏ قَالَ مَالِكٌ فِي الرَّجُلِ يَقُولُ لاِمْرَأَتِهِ أَنْتِ خَلِيَّةٌ أَوْ بَرِيَّةٌ أَوْ بَائِنَةٌ إِنَّهَا ثَلاَثُ تَطْلِيقَاتٍ لِلْمَرْأَةِ الَّتِي قَدْ دَخَلَ بِهَا وَيُدَيَّنُ فِي الَّتِي لَمْ يَدْخُلْ بِهَا أَوَاحِدَةً أَرَادَ أَمْ ثَلاَثًا فَإِنْ قَالَ وَاحِدَةً أُحْلِفَ عَلَى ذَلِكَ وَكَانَ خَاطِبًا مِنَ الْخُطَّابِ لأَنَّهُ لاَ يُخْلِي الْمَرْأَةَ الَّتِي قَدْ دَخَلَ بِهَا زَوْجُهَا وَلاَ يُبِينُهَا وَلاَ يُبْرِيهَا إِلاَّ ثَلاَثُ تَطْلِيقَاتٍ وَالَّتِي لَمْ يَدْخُلْ بِهَا تُخْلِيهَا وَتُبْرِيهَا وَتُبِينُهَا الْوَاحِدَةُ ‏.‏ قَالَ مَالِكٌ وَهَذَا أَحْسَنُ مَا سَمِعْتُ فِي ذَلِكَ

TOPICS
divorce  *  marriage  *  pronouncement  *  talaaq  *  zawaj  *  iqraar

QUICK LESSONS:
Communicate honestly with your partner in order to avoid misunderstandings

EXPLANATIONS:
This hadith discusses the concept of divorce in marriage. According to this hadith, if a man says to his wife “You are free of me, and I am free of you” it is considered as three pronouncements or statements that count as an irrevocable divorce. If the marriage was already consummated then it counts as three divorces but if the marriage was not yet consummated then it only counts as one divorce. The man can also choose which option he wants depending on his wishes. This hadith also states that if the man only intends one divorce then he must swear to it and become one of the suitors because while a woman whose marriage has been consummated is made inaccessible by three divorces, a woman whose marriage has not been consummated is made inaccessible by only one pronouncement.

This hadith teaches us about how important words can be when discussing matters such as marriages and divorces since they can have serious implications on people’s lives even though they may seem insignificant at first glance. It also shows us how important communication between couples should be so that misunderstandings do not occur due to lack thereof.

Please use the feedback below to report any discrepancies or concerns.

Feedback           Discuss      Disclaimer     

haluk
  
Prev    Next