كتاب 29
29
Book 29
(29)
Chapter 29
(29)
باب 29
Muwatta Malik 1266
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 .
| Reference | : Muwatta Malik 1266 |
| In-book reference | : Book 29, Hadith 35444 |
| USC-MSA web (English) reference | : Book 7, Hadith 1266 |
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