Hadith 17278

١٧٢٧٨ - حدثنا أبو بكر قال: (نا) (١) عبد السلام عن (عطاء بن السائب) (٢) ⦗٢٩٨⦘ أن امرأة ملكت من زوجها (قيمة) (٣) (سبع) (٤) (الدرهم) (٥) (فسئل) (٦) ميسرة عن ذلك فقال: حرمت عليه، ولا أدري من أين تحل له؟.
Hazrat Ata bin Saib narrates that once a woman became the owner of seven dirhams’ worth from her husband. Regarding this, Hazrat Maisarah was asked, and he said that the woman became unlawful for her husband. And I do not know how she will become lawful for him again? I met Hazrat Sha’bi and asked him, so he said, “Meet Abu Bakr bin Abi Musa and ask him.” He was the judge there in those days. I asked him, and he said, “When you do not have the power to do something, then do what you are able to do.” I went to Hazrat Sha’bi and mentioned the whole incident to him, so he smiled and said, “Go to Ubaidullah bin Abdullah bin Utbah and ask him.” I went to him and asked, so he said, “That woman has become unlawful for her husband.” I asked him, “How will she become lawful for him?” He said, “She should gift it, or free it, or sell it.” I went back to Hazrat Sha’bi and asked him, so he said, “Go back to him and ask whether she will observe ‘iddah or not?” I went back to him, and he said, “No, she will not observe ‘iddah.” I returned to Hazrat Sha’bi and informed him, so he said, “Preserve this fatwa.” I went to Ibn Ma’qil. The narrator, Abdussalam, says that I do not remember his statement, but Ammar bin Razeeq has narrated from Ata bin Saib that Ibn Ma’qil said, “Both of them will renew the marriage contract.”
Hadith Reference مصنف ابن ابي شيبه / كتاب النكاح / 17278
Hadith Takhrij (مصنف ابن ابي شيبه: ترقيم سعد الشثري 17278، ترقيم محمد عوامة 16735)
Footnotes — حواشی
(١) في [أ، ب]: (حدثنا).
(٢) في [ب]: تكررت. وفي [ز]: (عطاء بن السكيب).
(٣) في [أ، ب]: ما بين القوسين ساقط.
(٤) في [ص]: (سبعة).
(٥) في [ز]: (دراهم)، وفي [جـ]: (الدرام)، وكذلك [س].
(٦) في [أ، ب]: (قبل).