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(Book 29, Hadith 24) #36241
Dhihar of Slaves

SUMMARY: The hadith explains that the dhihar of a slave is similar to that of a free man, and the fasting for the kaffara for pronouncing a dhihar is two months.

ahya related to me from Malik that he asked Ibn Shihab about the dhihar of a slave. He said, "It is like the dhihar of a free man". Malik said, "He meant that the same conditions were applied in both cases". Malik said, "The dhihar of the slave is incumbent on him, and the fasting of the slave in the dhihar is two months". Malik said that there was no ila for a slave who pronounced a dhihar from his wife. That was because if he were to fast the kaffara for pronouncing a dhihar, the divorce of the ila would come to him before he had finished the fast.
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، أَنَّهُ سَأَلَ ابْنَ شِهَابٍ عَنْ ظِهَارِ الْعَبْدِ، فَقَالَ نَحْوُ ظِهَارِ الْحُرِّ ‏.‏ قَالَ مَالِكٌ يُرِيدُ أَنَّهُ يَقَعُ عَلَيْهِ كَمَا يَقَعُ عَلَى الْحُرِّ ‏.‏ قَالَ مَالِكٌ وَظِهَارُ الْعَبْدِ عَلَيْهِ وَاجِبٌ وَصِيَامُ الْعَبْدِ فِي الظِّهَارِ شَهْرَانِ ‏.‏ قَالَ مَالِكٌ فِي الْعَبْدِ يَتَظَاهَرُ مِنِ امْرَأَتِهِ إِنَّهُ لاَ يَدْخُلُ عَلَيْهِ إِيلاَءٌ وَذَلِكَ أَنَّهُ لَوْ ذَهَبَ يَصُومُ صِيَامَ كَفَّارَةِ الْمُتَظَاهِرِ دَخَلَ عَلَيْهِ طَلاَقُ الإِيلاَءِ قَبْلَ أَنْ يَفْرُغَ مِنْ صِيَامِهِ

TOPICS
slave  *  dhihar  *  kaffara  *  ila

QUICK LESSONS:
Think carefully before speaking out loud; fulfill responsibilities towards Allah; take accountability seriously; respect your spouse's feelings

EXPLANATIONS:
This hadith discusses the concept of dhihar in Islam. Dhihar is when someone says to their spouse something like "You are to me like my mother's back". This statement has serious implications and can be considered as an irrevocable divorce. In this hadith, it is explained that this concept applies equally to slaves as it does to free people. It also states that if someone pronounces such a statement, they must fast for two months in order to make up for it or else they will not be forgiven by Allah. Furthermore, there is no ila or temporary marriage allowed in this case since if one were to fast during an ila period then the divorce would come before they could finish their fast.

This hadith teaches us about how serious our words are and how we should think carefully before speaking them out loud because we may not be able to take them back once said. It also teaches us about responsibility and accountability; even though slaves may have fewer rights than free people, they still have responsibilities towards Allah which must be fulfilled just like everyone else does.

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