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السنن الكبرى للبيهقي
Sunan al-Kubra al-Bayhaqi
كتاب النكاح
Book of Marriage
باب: ما جاء في تسري العبد
Chapter: Reports on the slave taking a concubine
Bayhaqi 13856 — Reports on the slave taking a concubine
اُردوEn
أَخْبَرَنَا أَبُو طَاهِرٍ الْفَقِيهُ، أنبأ أَبُو عُثْمَانَ الْبَصْرِيُّ، ثنا مُحَمَّدُ بْنُ عَبْدِ الْوَهَّابِ، أنبأ يَعْلَى بْنُ عُبَيْدٍ، ثنا سُفْيَانُ، عَنْ عَمْرِو بْنِ دِينَارٍ، عَنْ أَبِي مَعْبَدٍ قَالَ: زَوَّجَ ابْنُ عَبَّاسٍ رَضِيَ اللهُ عَنْهُمَا عَبْدًا لَهُ وَلِيدَةً لَهُ، فَطَلَّقَهَا، فَقَالَ: " ارْجِعْ فَأَبَى " قَالَ: فَقَالَ: " هِيَ لَكَ طَأْهَا بِمِلْكِ يَمِينِكَ "، قَالَ الشَّافِعِيُّ رَحِمَهُ اللهُ فِي الْجَدِيدِ: وَابْنُ عَبَّاسٍ، إِنَّمَا قَالَ ذَلِكَ لِعَبْدٍ طَلَّقَ امْرَأَتَهُ، فَقَالَ: لَيْسَ لَكَ طَلَاقٌ، وَأَمَرَهُ أَنْ يُمْسِكَهَا، فَأَبَى، فَقَالَ: فَهِيَ لَكَ فَاسْتَحِلَّهَا بِمِلْكِ الْيَمِينِ، يُرِيدُ أَنَّهَا لَهُ حَلَالٌ بِالنِّكَاحِ وَلَا طَلَاقَ لَهُ، قَالَ الشَّيْخُ رَحِمَهُ اللهُ: هُوَ كَمَا قَالَ.
Abu Ma'bad says: Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) married his slave to (his) slave-woman, and he divorced her. Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: "Take her back," but he refused. The narrator says: Ibn Abbas (may Allah be pleased with them both) said: "She is yours; have intercourse with her by right of possession." He meant that she is lawful for him through marriage and that he has no power of divorce.
Imam al-Shafi'i (may Allah have mercy on him) says in his new view that Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said to his slave, who had divorced his wife: "You have no divorce; keep your wife." But he refused. The intent of Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) was that she is lawful for you through marriage, and there is no divorce for him.
The Shaykh (may Allah have mercy on him) said: It is as he said.
Imam al-Shafi'i (may Allah have mercy on him) says in his new view that Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said to his slave, who had divorced his wife: "You have no divorce; keep your wife." But he refused. The intent of Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) was that she is lawful for you through marriage, and there is no divorce for him.
The Shaykh (may Allah have mercy on him) said: It is as he said.
