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(Book 29, Hadith 52) #36268
Rights of a Missing Husband

SUMMARY: A woman whose husband is missing can wait for four years before remarrying, and if her first husband returns before she remarries, he has the right to take her back.

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry". Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her". Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her". Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife". Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage'. " Malik said, "This is what I like the best of what I heard about the missing man".
قَالَ مَالِكٌ وَبَلَغَنِي أَنَّ عُمَرَ بْنَ الْخَطَّابِ قَالَ فِي الْمَرْأَةِ يُطَلِّقُهَا زَوْجُهَا وَهُوَ غَائِبٌ عَنْهَا ثُمَّ يُرَاجِعُهَا فَلاَ يَبْلُغُهَا رَجْعَتُهُ وَقَدْ بَلَغَهَا طَلاَقُهُ إِيَّاهَا فَتَزَوَّجَتْ أَنَّهُ إِنْ دَخَلَ بِهَا زَوْجُهَا الآخَرُ أَوْ لَمْ يَدْخُلْ بِهَا فَلاَ سَبِيلَ لِزَوْجِهَا الأَوَّلِ الَّذِي كَانَ طَلَّقَهَا إِلَيْهَا ‏.‏ قَالَ مَالِكٌ وَهَذَا أَحَبُّ مَا سَمِعْتُ إِلَىَّ فِي هَذَا وَفِي الْمَفْقُودِ

TOPICS
missing  *  waiting  *  divorce  *  remarrying  *  nasab  *  sabr  *  talaq  *  nikah

QUICK LESSONS:
Be patient in difficult times; Respect other people's rights; Mindful of commitments made; Follow Islamic laws regarding marriage and divorce; Remain hopeful about reuniting with your spouse despite their absence

EXPLANATIONS:
This hadith discusses the rights of a woman whose husband is missing. According to Umar ibn al-Khattab, if a woman's husband goes missing and she does not know where he is, she must wait for four years before remarrying. If her first husband returns during this time period, he has the right to take her back as his wife. However, if she marries again after waiting for four years and completing her 'idda period of four months then her first husband no longer has any claim over her even if the new marriage has not been consummated yet. This hadith teaches us that patience in difficult times is important and that we should be mindful of our commitments even when faced with challenging circumstances such as being separated from our spouse due to unknown reasons or circumstances beyond our control. It also teaches us that we should respect other people's rights even when they are not present or able to defend themselves in person.

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