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(Book 29, Hadith 91) #36307
Separation of Men and Slave-Girls

SUMMARY: This hadith is about the separation of men and their wives who were slave-girls, and how they should observe an idda period of four months and ten days.

Yahya related to me from Malik that Yahya ibn Said said that he had heard al-Qasim ibn Muhammad say that Zayd ibn Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an idda of four months and ten days. Al-Qasim ibn Muhammad said, "Glory be to Allah! Allah says in His Book, 'Those of you who die, leaving wives, they are not wives'. "
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّهُ قَالَ سَمِعْتُ الْقَاسِمَ بْنَ مُحَمَّدٍ، يَقُولُ إِنَّ يَزِيدَ بْنَ عَبْدِ الْمَلِكِ فَرَّقَ بَيْنَ رِجَالٍ وَبَيْنَ نِسَائِهِمْ وَكُنَّ أُمَّهَاتِ أَوْلاَدِ رِجَالٍ هَلَكُوا فَتَزَوَّجُوهُنَّ بَعْدَ حَيْضَةٍ أَوْ حَيْضَتَيْنِ فَفَرَّقَ بَيْنَهُمْ حَتَّى يَعْتَدُّونَ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ‏.‏ فَقَالَ الْقَاسِمُ بْنُ مُحَمَّدٍ سُبْحَانَ اللَّهِ يَقُولُ اللَّهُ فِي كِتَابِهِ ‏{‏وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا‏}‏ مَا هُنَّ مِنَ الأَزْوَاجِ
TOPICS
separation  *  wives  *  talaq  *  iddah  *  azwaj  *  jawari  *  idda  *  slavegirls

QUICK LESSONS:
Respect marriage laws in Islam; Be aware that slavery is wrong according to Islamic teachings; Be mindful when it comes to marriage.

EXPLANATIONS:
This hadith discusses the separation between men and their wives who were slave girls. According to this hadith, if a man dies leaving behind a wife who was previously a slave girl then she must observe an 'idda period' which is four months and ten days before she can remarry. The Prophet Muhammad also quoted from the Quran in this hadith saying “Those of you who die leaving wives, they are not wives” which means that when someone dies their marriage is no longer valid. This teaches us that we should be mindful when it comes to marriage as it has serious implications for both parties involved. We should also be aware that slavery is wrong as it goes against Islamic teachings on justice for all people regardless of status or background.

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