موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب النكاحBook: On the Explanation of Marriage
بَابُ مَا لَا يَجُوزُ مِنَ الشُّرُوطِ فِي النِّكَاحِImpermissible conditions in marriage
Hadith 1089
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ : أَنَّ سَعِيدَ بْنَ الْمُسَيَّبِ سُئِلَ عَنِ الْمَرْأَةِ، تَشْتَرِطُ عَلَى زَوْجِهَا أَنَّهُ لَا يَخْرُجُ بِهَا مِنْ بَلَدِهَا، فَقَالَ سَعِيدُ بْنُ الْمُسَيَّبِ : " يَخْرُجُ بِهَا إِنْ شَاءَ " .
Imam Malik (may Allah have mercy on him) was informed that Sa'id bin al-Musayyib was asked: If a woman makes it a condition with her husband that he should not take her out of her city? Sa'id bin al-Musayyib replied: Even then, he can take her out.
Imam Malik (may Allah have mercy on him) said: According to us, the ruling is that if a man, at the time of marriage, makes it a condition with the woman that he will not marry another woman over her, or will not keep a slave-girl, then it is not necessary to fulfill this condition. However, if he has made divorce or emancipation dependent upon marrying another woman, then upon marrying another woman, divorce or emancipation will become necessary.
Imam Malik (may Allah have mercy on him) said: According to us, the ruling is that if a man, at the time of marriage, makes it a condition with the woman that he will not marry another woman over her, or will not keep a slave-girl, then it is not necessary to fulfill this condition. However, if he has made divorce or emancipation dependent upon marrying another woman, then upon marrying another woman, divorce or emancipation will become necessary.
