موطا امام مالك رواية يحييٰ
Muwatta Imam Malik (Riwayat Yahya)
كتاب النكاحBook: On the Explanation of Marriage
بَابُ مَا جَاءَ فِي الرَّجُلِ يَمْلِكُ امْرَأَتَهُ، وَقَدْ كَانَتْ تَحْتَهُ فَفَارَقَهَا
Chapter on What is Reported Regarding a Man Regaining His Former Wife
Hadith 1103
حَدَّثَنِي حَدَّثَنِي يَحْيَى، عَنْ مَالِك، عَنِ ابْنِ شِهَابٍ ، عَنْ أَبِي عَبْدِ الرَّحْمَنِ ، عَنْ زَيْدِ بْنِ ثَابِتٍ ، أَنَّهُ كَانَ يَقُولُ فِي الرَّجُلِ يُطَلِّقُ الْأَمَةَ ثَلَاثًا، ثُمَّ يَشْتَرِيهَا : " إِنَّهَا لَا تَحِلُّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ "
Sayyiduna Zayd bin Thabit (may Allah be pleased with him) used to say: If a person gives his slave-girl three divorces and then buys her, it is not permissible to have intercourse with her until she marries another man.
Hadith 1104
وَحَدَّثَنِي، عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ، أَنَّ سَعِيدَ بْنَ الْمُسَيَّبِ، وَسُلَيْمَانَ بْنَ يَسَارٍ، سُئِلَا عَنْ رَجُلٍ زَوَّجَ عَبْدًا لَهُ جَارِيَةً، فَطَلَّقَهَا الْعَبْدُ الْبَتَّةَ، ثُمَّ وَهَبَهَا سَيِّدُهَا لَهُ، هَلْ تَحِلُّ لَهُ بِمِلْكِ الْيَمِينِ ؟ فَقَالَا : " لَا تَحِلُّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ "
Sa'id bin al-Musayyib and Sulayman bin Yasar were asked about a man who married his slave to his slave-girl, then the slave divorced the slave-girl twice, after which the master gifted the slave-girl to the slave. Is it permissible for the slave-girl to be with the slave or not? Both of them replied: It is not permissible until she marries someone else.
Imam Malik, may Allah have mercy on him, said: I asked Ibn Shihab: A man had a slave-girl in his marriage, he divorced her once, then bought her, so will the slave-girl become lawful for him? He replied: Due to ownership by right hand, the same ruling applies for two divorces. If he had divorced her three times, then she would not be lawful until she marries another man.
Imam Malik, may Allah have mercy on him, said: If a man marries a slave-girl, then she bears him a child, and after that he buys her, then due to the first child, she will not become Umm Walad for him. However, if after buying her, a second child is born to the master from her, then she will become Umm Walad. And whoever buys a slave-girl while she is pregnant, and that pregnancy is from the buyer, then if she gives birth while with him, she will become Umm Walad.
Imam Malik, may Allah have mercy on him, said: I asked Ibn Shihab: A man had a slave-girl in his marriage, he divorced her once, then bought her, so will the slave-girl become lawful for him? He replied: Due to ownership by right hand, the same ruling applies for two divorces. If he had divorced her three times, then she would not be lawful until she marries another man.
Imam Malik, may Allah have mercy on him, said: If a man marries a slave-girl, then she bears him a child, and after that he buys her, then due to the first child, she will not become Umm Walad for him. However, if after buying her, a second child is born to the master from her, then she will become Umm Walad. And whoever buys a slave-girl while she is pregnant, and that pregnancy is from the buyer, then if she gives birth while with him, she will become Umm Walad.
