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(Book 29, Hadith 94) #36310
Divorce of Slave-Girl and Idda of Free Woman

SUMMARY: A slave who divorces a slave-girl can return to her, and the idda of a free woman whose husband has died is four months and ten days.

Yahya related to me the like of that from Malik from Ibn Shihab. Malik said, about a slave who divorced a slave-girl but did not make it absolute, "He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave- girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman". Malik said, "That is what is done among us".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، مِثْلَ ذَلِكَ ‏.‏ قَالَ مَالِكٌ فِي الْعَبْدِ يُطَلِّقُ الأَمَةَ طَلاَقًا لَمْ يَبُتَّهَا فِيهِ لَهُ عَلَيْهَا فِيهِ الرَّجْعَةُ ثُمَّ يَمُوتُ وَهِيَ فِي عِدَّتِهَا مِنْ طَلاَقِهِ إِنَّهَا تَعْتَدُّ عِدَّةَ الأَمَةِ الْمُتَوَفَّى عَنْهَا زَوْجُهَا شَهْرَيْنِ وَخَمْسَ لَيَالٍ وَإِنَّهَا إِنْ عَتَقَتْ وَلَهُ عَلَيْهَا رَجْعَةٌ ثُمَّ لَمْ تَخْتَرْ فِرَاقَهُ بَعْدَ الْعِتْقِ حَتَّى يَمُوتَ وَهِيَ فِي عِدَّتِهَا مِنْ طَلاَقِهِ اعْتَدَّتْ عِدَّةَ الْحُرَّةِ الْمُتَوَفَّى عَنْهَا زَوْجُهَا أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا وَذَلِكَ أَنَّهَا إِنَّمَا وَقَعَتْ عَلَيْهَا عِدَّةُ الْوَفَاةِ بَعْدَ مَا عَتَقَتْ فَعِدَّتُهَا عِدَّةُ الْحُرَّةِ ‏.‏ قَالَ مَالِكٌ وَهَذَا الأَمْرُ عِنْدَنَا
TOPICS
hurrah  *  divorce  *  woman  *  talaq  *  iddah  *  jariyah  *  idda  *  slavegirl

QUICK LESSONS:
Follow Islamic rulings ; Honor marital contracts ; Observe patience during difficult times ; Respect religious practices & traditions .
EXPLANATIONS:
This hadith discusses the divorce of a slave girl and the period of waiting or 'iddah' for her if she is freed after being divorced by her husband. According to this hadith, if the husband divorces his wife but does not make it absolute, he can return to her. If he dies while she is still in 'iddah', then she must observe an 'iddah' period for two months and five days as that of a female slave whose husband has died. However, if she has been set free before his death and chooses not to separate after being set free, then she must observe an 'iddah' period for four months and ten days as that of a free woman whose husband has died. This ruling was based on what was practiced among people at that time according to Malik ibn Anas.

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