موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب الطلاقBook: On the Explanation of Divorce
بَابُ مَا جَاءَ فِي الْخِيَارِWhat is reported about option (Khiyar) in sales
Hadith 1163B1
قَالَ مَالِكٌ : وَذَلِكَ أَحْسَنُ مَا سَمِعْتُ . قَالَ مَالِكٌ فِي الْمُخَيَّرَةِ : إِذَا خَيَّرَهَا زَوْجُهَا فَاخْتَارَتْ نَفْسَهَا، فَقَدْ طَلُقَتْ ثَلَاثًا، وَإِنْ قَالَ زَوْجُهَا : لَمْ أُخَيِّرْكِ إِلَّا وَاحِدَةً، فَلَيْسَ لَهُ ذَلِكَ، وَذَلِكَ أَحْسَنُ مَا سَمِعْتُهُ . قَالَ مَالِكٌ : وَإِنْ خَيَّرَهَا، فَقَالَتْ : قَدْ قَبِلْتُ وَاحِدَةً، وَقَالَ : لَمْ أُرِدْ هَذَا، وَإِنَّمَا خَيَّرْتُكِ فِي الثَّلَاثِ جَمِيعًا، أَنَّهَا إِنْ لَمْ تَقْبَلْ إِلَّا وَاحِدَةً أَقَامَتْ عِنْدَهُ عَلَى نِكَاحِهَا، وَلَمْ يَكُنْ ذَلِكَ فِرَاقًا إِنْ شَاءَ اللَّهُ تَعَالَى
Imam Malik, may Allah have mercy on him, said: If a slave girl comes into the marriage of a slave, then is freed before consummation, and chooses separation from her husband, then she will not receive a dowry. This is the ruling according to us.
Imam Malik, may Allah have mercy on him, said: Ibn Shihab, may Allah have mercy on him, used to say: When a man divorces his wife and the woman chooses her husband, then divorce will not take effect.
Imam Malik, may Allah have mercy on him, said: I have heard this as good.
Imam Malik, may Allah have mercy on him, said: When a man gives his wife the choice and the woman chooses herself (i.e., desires separation from her husband), then three divorces will take effect. If the husband says: I only gave the choice of one divorce, this will not be accepted.
Imam Malik, may Allah have mercy on him, said: If the husband gave his wife the choice of divorce, the woman said: I have accepted one divorce, the husband said: That was not my intention, I gave you the choice of three divorces, but the woman accepts only one divorce and does not take more, then she will not be separated from her husband.
Imam Malik, may Allah have mercy on him, said: Ibn Shihab, may Allah have mercy on him, used to say: When a man divorces his wife and the woman chooses her husband, then divorce will not take effect.
Imam Malik, may Allah have mercy on him, said: I have heard this as good.
Imam Malik, may Allah have mercy on him, said: When a man gives his wife the choice and the woman chooses herself (i.e., desires separation from her husband), then three divorces will take effect. If the husband says: I only gave the choice of one divorce, this will not be accepted.
Imam Malik, may Allah have mercy on him, said: If the husband gave his wife the choice of divorce, the woman said: I have accepted one divorce, the husband said: That was not my intention, I gave you the choice of three divorces, but the woman accepts only one divorce and does not take more, then she will not be separated from her husband.
