سنن ابن ماجه
Ibn Majah
كتاب الطلاقThe Chapters on Divorce
بَابُ : طَلاَقِ الْعَبْدِChapter: The divorce performed by a slave
Hadith 2081
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى ، حَدَّثَنَا يَحْيَى بْنُ عَبْدِ اللَّهِ بْنِ بُكَيْرٍ ، حَدَّثَنَا ابْنُ لَهِيعَةَ ، عَنْ مُوسَى بْنِ أَيُّوبَ الْغَافِقِيِّ ، عَنْ عِكْرِمَةَ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَ : أَتَى النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ رَجُلٌ ، فَقَالَ : يَا رَسُولَ اللَّهِ ، إِنَّ سَيِّدِي زَوَّجَنِي أَمَتَهُ ، وَهُوَ يُرِيدُ أَنْ يُفَرِّقَ بَيْنِي وَبَيْنَهَا ، قَالَ : فَصَعِدَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْمِنْبَرَ ، فَقَالَ : " يَا أَيُّهَا النَّاسُ مَا بَالُ أَحَدِكُمْ يُزَوِّجُ عَبْدَهُ أَمَتَهُ ، ثُمَّ يُرِيدُ أَنْ يُفَرِّقَ بَيْنَهُمَا ، إِنَّمَا الطَّلَاقُ لِمَنْ أَخَذَ بِالسَّاقِ " .
´It was narrated that Ibn 'Abbas said:` "A man came to the Prophet (ﷺ) and said: 'O Messenger of Allah, my master married me to his slave woman, and now he wants to separate me and her.' The Messenger of Allah (ﷺ) ascended the pulpit and said: 'O people, what is the matter with one of you who marries his slave to his slave woman, then wants to separate them? Divorce belongs to the one who takes hold of the calf (i.e., her husband).’ “
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas other scholars have considered it hasan (good) due to supporting evidences. Furthermore, our Shaykh has also mentioned its supporting evidences.
This shows that the mentioned narration, on the basis of other supporting evidences, becomes hasan, which, according to the scholars of verification, is acceptable for practice and as proof. For details, see: (Irwa’ al-Ghalil: 7/108, 109, 110)
➋
A slave requires the permission of his master to contract a marriage (nikah), but once the marriage has taken place, the master cannot annul the marriage.
➌
The right to issue divorce (talaq) belongs to the husband, whether the husband is free or a slave.
No one else has the right to force him to separate from his wife.
➍
“Grasping the shin” is an indication of the informal and intimate relationship that exists between husband and wife.
When a master marries off his slave woman (bondwoman) to someone, he no longer retains the right to look at or touch the private parts (‘awrah) of the slave woman.
This right now belongs to the husband.
Similarly, the right of divorce also belongs solely to the husband.
➊
The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas other scholars have considered it hasan (good) due to supporting evidences. Furthermore, our Shaykh has also mentioned its supporting evidences.
This shows that the mentioned narration, on the basis of other supporting evidences, becomes hasan, which, according to the scholars of verification, is acceptable for practice and as proof. For details, see: (Irwa’ al-Ghalil: 7/108, 109, 110)
➋
A slave requires the permission of his master to contract a marriage (nikah), but once the marriage has taken place, the master cannot annul the marriage.
➌
The right to issue divorce (talaq) belongs to the husband, whether the husband is free or a slave.
No one else has the right to force him to separate from his wife.
➍
“Grasping the shin” is an indication of the informal and intimate relationship that exists between husband and wife.
When a master marries off his slave woman (bondwoman) to someone, he no longer retains the right to look at or touch the private parts (‘awrah) of the slave woman.
This right now belongs to the husband.
Similarly, the right of divorce also belongs solely to the husband.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2081
