Hadith 956
اُردوEn
وعن ابن عمر رضي الله عنهما قال : " طلاق الأمة تطليقتان وعدتها حيضتان " رواه الدارقطني وأخرجه مرفوعا وضعفه وأخرجه أبو داود والترمذي وابن ماجه من حديث عائشة رضي الله عنها وصححه الحاكم وخالفوه فاتفقوا على ضعفه
Narrated Ibn 'Umar (RA): The divorce of a slave-woman occurs by saying it (the divorce word) twice, and her 'Iddah (waiting period) is two menses. [Reported by ad-Daraqutni]. He reported it as Marfu' (a saying of the Prophet) and graded it Da'if (weak). Abu Dawud, at-Tirmidhi and Ibn Majah reported the aforesaid Hadith from the narration of 'Aishah (RA), which al-Hakim graded as Sahih (authentic), but the Hadith scholars disagreed with him, and they agreed that it is Da'if (weak).
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Commentary:
Note:
(There are weak narrators in the chain of transmission.)
Note:
(There are weak narrators in the chain of transmission.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1182
Maulana Ataullah Sajid
Benefits and Issues:
Imam Malik has mentioned in the Muwatta the legal verdicts (fatawa) of Hazrat Uthman, Hazrat Zayd bin Thabit, and Hazrat Abdullah bin Umar (radi Allahu anhum) that a slave (ghulam) can issue two divorces (talaq), and the waiting period (‘iddah) for a slave-woman (bondwoman) is two menstrual cycles. That is, in the matter of divorce, the status of the husband—whether he is free or a slave—will be considered, and in the matter of ‘iddah, the status of the woman will be considered. Meaning, the waiting period for a free woman is three menstrual cycles, and for a slave-woman, it is two menstrual cycles. (Muwatta Imam Malik, Book of Divorce, Chapter: What Has Been Narrated Regarding the Divorce of a Slave: 2/118)
In any case, both of the aforementioned hadiths are weak; however, from the reports of the Companions (athar al-sahabah), it is established that if a slave divorces his wife—whether the wife is free or a slave—then for him, two divorces will be equivalent to three divorces.
And after issuing them at different times, he cannot take her back (ruju‘) until that divorced woman marries someone else in a proper marriage.
Imam Malik has mentioned in the Muwatta the legal verdicts (fatawa) of Hazrat Uthman, Hazrat Zayd bin Thabit, and Hazrat Abdullah bin Umar (radi Allahu anhum) that a slave (ghulam) can issue two divorces (talaq), and the waiting period (‘iddah) for a slave-woman (bondwoman) is two menstrual cycles. That is, in the matter of divorce, the status of the husband—whether he is free or a slave—will be considered, and in the matter of ‘iddah, the status of the woman will be considered. Meaning, the waiting period for a free woman is three menstrual cycles, and for a slave-woman, it is two menstrual cycles. (Muwatta Imam Malik, Book of Divorce, Chapter: What Has Been Narrated Regarding the Divorce of a Slave: 2/118)
In any case, both of the aforementioned hadiths are weak; however, from the reports of the Companions (athar al-sahabah), it is established that if a slave divorces his wife—whether the wife is free or a slave—then for him, two divorces will be equivalent to three divorces.
And after issuing them at different times, he cannot take her back (ruju‘) until that divorced woman marries someone else in a proper marriage.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2080
