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(Book 29, Hadith 17) #36234
Vows of Abstinence and Divorce

SUMMARY: A man who takes a vow to abstain from intercourse must declare his intent after four months, and either he is divorced or he revokes his vow.

Yahya related to me from Malik from Jafar ibn Muhammad from his father that Ali ibn Abi Talib said, "When a man takes a vow to abstain from intercourse, divorce does not occur immediately. If four months pass, he must declare his intent and either he is divorced or he revokes his vow ". Malik said, "That is what is done among us".
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ جَعْفَرِ بْنِ مُحَمَّدٍ، عَنْ أَبِيهِ، عَنْ عَلِيِّ بْنِ أَبِي طَالِبٍ، أَنَّهُ كَانَ يَقُولُ إِذَا آلَى الرَّجُلُ مِنِ امْرَأَتِهِ لَمْ يَقَعْ عَلَيْهِ طَلاَقٌ وَإِنْ مَضَتِ الأَرْبَعَةُ الأَشْهُرِ حَتَّى يُوقَفَ فَإِمَّا أَنْ يُطَلِّقَ وَإِمَّا أَنْ يَفِيءَ ‏.‏ قَالَ مَالِكٌ وَذَلِكَ الأَمْرُ عِنْدَنَا

TOPICS
vow  *  abstinence  *  divorce  *  intent

QUICK LESSONS:
Think carefully before making decisions in life; Respect marriage vows/commitments; Take responsibility for one's actions/words/vows; Declare intent after 4 months of taking a vow of abstinence .

EXPLANATIONS:
According to the hadith narrated by Malik from Jafar ibn Muhammad from his father that Ali ibn Abi Talib said, when a man takes a vow to abstain from intercourse with his wife for any reason, divorce does not occur immediately. Rather, if four months pass without him declaring his intent then he must declare it and either be divorced or revoke the vow. This is what is done among them according to Malik. This hadith teaches us that vows should not be taken lightly as they can have serious consequences such as divorce if one does not take action within the specified time frame. It also teaches us that we should think carefully before making any decisions in life as they can have long-term effects on our lives and those around us.

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