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(Book 29, Hadith 16) #36233
Power of Choice in Marriage

SUMMARY: A man gave his wife power over herself, but she returned it to him without doing anything with it. This was not interpreted as a desire for divorce on his part.

Yahya related to me from Malik that he had heard that Abdullah ibn Umar and Abu Hurayra were asked about a man who gave his wife power over herself, and she returned it to him without doing anything with it. They said that there was no divorce. (ie The man's giving his wife power over herself was not interpreted as a desire for divorce on his part)
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ عَبْدَ اللَّهِ بْنَ عُمَرَ، وَأَبَا، هُرَيْرَةَ سُئِلاَ عَنِ الرَّجُلِ، يُمَلِّكُ امْرَأَتَهُ أَمْرَهَا فَتَرُدُّ ذَلِكَ إِلَيْهِ وَلاَ تَقْضِي فِيهِ شَيْئًا فَقَالاَ لَيْسَ ذَلِكَ بِطَلاَقٍ

TOPICS
marriage  *  choice  *  divorce  *  zawaj  *  ikhtiyar  *  talaq

QUICK LESSONS:
Give equal rights & freedom when making decisions about marriage & relationships
EXPLANATIONS:
This hadith speaks to the importance of choice in marriage. It is narrated by Yahya from Malik that Abdullah ibn Umar and Abu Hurayra were asked about a man who gave his wife power over herself, meaning he allowed her to make decisions regarding their marriage. In this case, the woman chose to return the power back to her husband without taking any action or making any changes in their relationship. The two scholars said that there was no divorce; this was not interpreted as a desire for divorce on the man's part. This hadith teaches us that both partners should have equal rights and freedom when it comes to making decisions about their marriage and relationship. It also shows us that even if one partner gives up some of their rights or authority within the relationship, they can still choose to take them back at any time without having any negative consequences or implications for either party involved.

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