Toggle above to switch between keyword search and direct hadith lookup
سنن دارمي
Darimi
من كتاب الطلاقFrom the Book of Divorce
باب في طَلاَقِ الأَمَةِ:Chapter: Divorce of a Slave Woman
Hadith 2331
اُردوEn
أَخْبَرَنَا أَبُو عَاصِمٍ، أَخْبَرَنَا ابْنُ جُرَيْجٍ، أَخْبَرَنِي مُظَاهِرٌ وَهُوَ ابْنُ أَسْلَمَ، أَنَّهُ سَمِعَ الْقَاسِمَ بْنَ مُحَمَّدٍ، عَنْ عَائِشَةَ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ: "لِلْأَمَةِ تَطْلِيقَتَانِ وَقُرْؤُهَا حَيْضَتَانِ" . قَالَ أَبُو عَاصِمٍ: سَمِعْتُهُ مِنْ مُظَاهِرٍ.
It is narrated from Sayyidah Aisha (may Allah be pleased with her) that the Noble Prophet (peace and blessings be upon him) said: "A slave woman has two divorces and her waiting period is two menstruations." Abu Asim said: I heard this from Mazahir bin Aslam.
Brief Explanation
(Commentary on Hadith 2330)
From this hadith, it is understood that a slave woman (bondwoman) can only be divorced twice if her husband is also a slave, and her waiting period (‘iddah) will also be two menstrual cycles.
But due to the weakness of the hadith, this understanding is incorrect.
The correct view is that in divorce (talaq) and waiting period (‘iddah), both the free woman and the slave woman are equal, because: «﴿الطَّلَاقُ مَرَّتَانِ﴾ [البقرة : 229]» and «﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ﴾ [البقرة : 228]» are general for everyone.
This is the position of the Ahl al-Hadith, and this is what is correct.
Imam Abu Hanifah rahimahullah, reasoning from this weak hadith, said that the slave woman’s divorce is two (talaqs) and her waiting period is also two menstrual cycles.
This narration is also found in Dar Qutni and others, but in its chain of transmission are ‘Umar ibn Shabib and ‘Atiyyah, both of whom are weak. Imam Dar Qutni rahimahullah said: The correct view is that this is the statement of Sayyiduna Ibn ‘Umar radi Allahu anhuma, which is mawquf (stopped at the Companion).
And Allah knows best.
From this hadith, it is understood that a slave woman (bondwoman) can only be divorced twice if her husband is also a slave, and her waiting period (‘iddah) will also be two menstrual cycles.
But due to the weakness of the hadith, this understanding is incorrect.
The correct view is that in divorce (talaq) and waiting period (‘iddah), both the free woman and the slave woman are equal, because: «﴿الطَّلَاقُ مَرَّتَانِ﴾ [البقرة : 229]» and «﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ﴾ [البقرة : 228]» are general for everyone.
This is the position of the Ahl al-Hadith, and this is what is correct.
Imam Abu Hanifah rahimahullah, reasoning from this weak hadith, said that the slave woman’s divorce is two (talaqs) and her waiting period is also two menstrual cycles.
This narration is also found in Dar Qutni and others, but in its chain of transmission are ‘Umar ibn Shabib and ‘Atiyyah, both of whom are weak. Imam Dar Qutni rahimahullah said: The correct view is that this is the statement of Sayyiduna Ibn ‘Umar radi Allahu anhuma, which is mawquf (stopped at the Companion).
And Allah knows best.
