Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Ibn Shihab that the Messenger of Allah, peace and blessings be upon him, said to a Thaqafi man who had become Muslim and had ten wives: "Keep four and leave the rest."

Ibn Shihab said: I heard from Sa'id bin al-Musayyib, Humayd bin 'Abd al-Rahman bin 'Awf, 'Ubaydullah bin 'Abdullah bin 'Utbah bin Mas'ud, and Sulayman bin Yasar; all of them said: We heard Abu Hurayrah (may Allah be pleased with him) say that I heard 'Umar (may Allah be pleased with him) say: If a woman is divorced by her husband with one or two divorces, then he leaves her until her 'iddah is over, and she marries another husband, then that second husband dies or divorces her, and then her first husband marries her again, then he will have the right to the remaining one divorce.

Imam Malik (may Allah have mercy on him) said: According to us, there is no difference of opinion in this matter.

Thabit bin Ahnaf married the umm walad of Abdur Rahman bin Zaid bin Khattab. He was summoned by Abdullah, who was the son of Abdur Rahman bin Zaid bin Khattab. Thabit said: I went to him and saw that whips were placed there, and two iron shackles were set, and two slaves were present. Abdullah said to me: Divorce this umm walad, otherwise I will do such and such to you. I said: If that is the case, then I have given her a thousand divorces. When I passed by them, on the road to Makkah, I met Sayyiduna Abdullah bin Umar (may Allah be pleased with them both). I mentioned this to him, and he became angry and said: This is not a divorce, and that umm walad is not forbidden to you; go to your home. Thabit said: I was not satisfied with his answer until I came to Makkah to Sayyiduna Abdullah bin Zubair (may Allah be pleased with him), and he was the governor of Makkah in those days. I narrated this story to him and also mentioned what Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) had said. Sayyiduna Abdullah bin Zubair (may Allah be pleased with him) said: Surely, that woman has not become forbidden to you; go to your wife. He wrote a letter to Jabir bin Aswad Zuhri, who was the governor of Madinah, instructing him to punish Abdullah bin Abdur Rahman and to hand over his wife to him. Thabit says: When I came to Madinah, the wife of Sayyiduna Abdullah bin Umar (may Allah be pleased with them both), Safiyyah, adorned my wife and sent her to me with the knowledge of Sayyiduna Abdullah bin Umar (may Allah be pleased with them both). Then I held a wedding feast and invited Sayyiduna Abdullah bin Umar (may Allah be pleased with them both), and he attended the feast.

Abdullah bin Dinar said: I heard Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) reciting: «﴿يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ﴾ [الطلاق: 1]» "O Prophet! When you divorce women, then divorce them at the commencement of their waiting period (iddah)."
Imam Malik (may Allah have mercy on him) said: Its meaning is that one should give one divorce in each period of purity (tuhr).

Hazrat Urwah bin Zubair used to say: Previously, it was the custom that a man would divorce his wife, and when her waiting period (iddah) was about to end, he would take her back. He would always do this, even if he divorced her a thousand times. One man did the same with his wife: he divorced her, and when her waiting period was about to end, he took her back, then divorced her again and said, "By Allah! I will neither keep you with me nor let you join anyone else." When Allah the Exalted revealed this verse: "Divorce is twice; then either retain [her] in accordance with what is acceptable or release [her] with good treatment," from that day people began the process of divorce anew—those who had divorced and those who had not, all of them.

It is narrated from Thawr bin Zayd Daili that in earlier times people used to divorce their wives and then take them back, but they did not intend to keep them, so that their waiting period ('iddah) would be prolonged and they would be harmed. Then Allah the Exalted revealed this verse: "Do not retain women to harm them; whoever does so has wronged his own soul." Allah the Exalted admonishes people with this.

Hazrat Saeed bin Musayyib and Sulaiman bin Yasar were asked about the ruling for a person who is intoxicated and gives divorce. Both said that the divorce will take effect, and if he kills someone while intoxicated, he will be killed (in retaliation).
Imam Malik, may Allah have mercy on him, said: This is the ruling according to us.

Hazrat Saeed bin Musayyib used to say: When a husband is unable to provide maintenance to his wife, separation will be effected.
Imam Malik, may Allah have mercy on him, said: I found the scholars of my city upon this as well.