باب: ما جاء في عدد طلاق العبد ومن قال الطلاق بالرجال والعدة بالنساء ومن قال هما جميعا بالنساء
Reports on the number of divorces for a slave, one who said divorce is reckoned by the men and the waiting period by the women, and one who said both are reckoned by the women
27 hadith
Toggle above to switch between keyword search and direct hadith lookup
Abdullah bin Utbah narrates from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) that a slave may marry two women and may give two divorces.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15157
Sulayman bin Yasar (may Allah have mercy on him) says that Nufay' was the mukatab (contracted-to-be-freed) slave of Sayyidah Umm Salamah (may Allah be pleased with her), and he had a free woman as his wife. He gave her two divorces and then intended to take her back. The pure wives (may Allah be pleased with them) said: Go and ask Sayyiduna Uthman bin Affan (may Allah be pleased with him). He met Sayyiduna Uthman (may Allah be pleased with him) at the steps of the House of Allah while he was holding the hand of Sayyiduna Zayd bin Thabit (may Allah be pleased with him). Nufay' asked them both (may Allah be pleased with them both), and they hastened to say: She has become unlawful for you, she has become unlawful for you.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15158
أَخْبَرَنَا أَبُو زَكَرِيَّا بْنُ أَبِي إِسْحَاقَ، نا أَبُو الْعَبَّاسِ، أنا الرَّبِيعُ، أنا الشَّافِعِيُّ، أنا مَالِكٌ، ح وَأَخْبَرَنَا أَبُو أَحْمَدَ الْمِهْرَجَانِيُّ، أنا مُحَمَّدُ بْنُ جَعْفَرٍ الْمُزَكِّي، نا مُحَمَّدُ بْنُ إِبْرَاهِيمَ، نا ابْنُ بُكَيْرٍ، نا مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيِّبِ، أَنَّ نُفَيْعًا، مُكَاتَبًا لِأُمِّ سَلَمَةَ طَلَّقَ امْرَأَةً حُرَّةً تَطْلِيقَتَيْنِ فَاسْتَفْتَى عُثْمَانَ بْنَ عَفَّانَ رَضِيَ اللهُ عَنْهُ فَقَالَ " حُرِّمَتْ عَلَيْكَ ".
Sa'id bin al-Musayyib (may Allah have mercy on him) says that Nufay' was the mukatab slave of Umm Salamah (may Allah be pleased with her), who had a free woman as his wife. He gave his wife two divorces and then sought a fatwa from Uthman bin Affan (may Allah be pleased with him), who said: "She is unlawful for you."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15159
وَأَخْبَرَنَا أَبُو زَكَرِيَّا، نا أَبُو الْعَبَّاسِ، أنا الرَّبِيعُ، أنا الشَّافِعِيُّ، أنا مَالِكٌ، ح وَأَخْبَرَنَا أَبُو أَحْمَدَ، أنا مُحَمَّدُ بْنُ جَعْفَرٍ، نا مُحَمَّدُ بْنُ إِبْرَاهِيمَ، نا ابْنُ بُكَيْرٍ، نا مَالِكٌ، عَنْ عَبْدِ رَبِّهِ بْنِ سَعِيدٍ، عَنْ مُحَمَّدِ بْنِ إِبْرَاهِيمَ بْنِ الْحَارِثِ التَّيْمِيِّ، أَنَّ نُفَيْعًا - مُكَاتَبٌ كَانَ لِأُمِّ سَلَمَةَ زَوْجِ النَّبِيِّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ - اسْتَفْتَى زَيْدَ بْنَ ثَابِتٍ رَضِيَ اللهُ عَنْهُ فَقَالَ: إِنِّي طَلَّقْتُ امْرَأَةً حُرَّةً تَطْلِيقَتَيْنِ فَقَالَ زَيْدُ بْنُ ثَابِتٍ: " حُرِّمَتْ عَلَيْكَ ".
Muhammad bin Ibrahim bin al-Harith al-Taymi (may Allah have mercy on him) says that Nufay', the mukatab slave of Umm Salamah (may Allah be pleased with her), sought a fatwa from Zayd bin Thabit (may Allah be pleased with him). He said: I have given my free wife two divorces. Zayd bin Thabit (may Allah be pleased with him) said: She is unlawful for you.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15160
Abdullah bin Bishr narrates from Ayyub al-Sakhtiyani (may Allah have mercy on him) that a mukatab slave had a free woman as his wife. He gave his wife two divorces, then came and asked Uthman bin Affan and Zayd bin Thabit (may Allah be pleased with them both). Both of them answered at once: She has become unlawful for you, because divorce depends on the men.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15161
Abu Salamah narrates from Nufay' (may Allah have mercy on him), who was a slave and had a free woman as his wife. He gave her two divorces, and he asked Sayyiduna Uthman and Sayyiduna Zayd (may Allah be pleased with them both). They both said: Your divorce is the divorce of a slave, and her iddah is the iddah of a free woman.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15162
Sulayman bin Yasar (may Allah have mercy on him) narrates from Sayyiduna Zayd bin Thabit (may Allah be pleased with him) that divorce depends on the men and the iddah on the women.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15163
Nafi' narrates from Sayyiduna Abdullah bin Umar (may Allah be pleased with them both): When a slave gives his wife two divorces, she becomes unlawful for him until she marries another husband, whether she (the wife) is free or a slave woman; and the waiting period ('iddah) of a free woman is three menstrual cycles, while the waiting period of a slave woman is two menstrual cycles.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15164
Nafi' narrates from Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) concerning a slave woman who is married to a free man: two divorces will separate her, and she will observe a waiting period of two menstrual cycles; and when a free woman is married to a slave, she will be separated by two divorces and will observe a waiting period of three menstrual cycles.
(b) Salim narrates from Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) that the divorces of the two of them are reduced because of slavery. [Sahih]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15165
Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) says that the Messenger of Allah (peace and blessings be upon him) said: "The divorces of a slave woman are two, and her waiting period is two menstrual cycles."
Only Umar bin Shabib al-Musli narrated it in this marfu' form (attributed to the Prophet), and he was da'if (weak); the correct version is what Salim and Nafi' narrated from Ibn Umar as mawquf (his own statement), as has preceded.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15166
Abu al-Hasan Ali bin Umar al-Daraqutni al-Hafiz said: The hadith of Abdullah bin Isa, from Atiyyah, from Ibn Umar, from the Prophet (peace and blessings be upon him) is munkar (denounced) and not established, for two reasons: first, Atiyyah is da'if (weak), and Salim and Nafi' are more reliable than him and more authentic in narration; second, Umar bin Shabib is da'if (weak), and his narration is not used as evidence. And Allah knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15167
Sayyidah Aishah (may Allah be pleased with her) says that the Messenger of Allah (peace and blessings be upon him) said: "The divorces of a slave are two, and that woman is not lawful for him until she marries another husband; and the waiting period of a slave woman is two menstrual cycles. A free woman may be married in the presence of a slave woman (i.e. a wife), but a slave woman may not be married in the presence of a free woman (i.e. a wife)."
This is how he worded it: "The divorces of a slave are two."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15169
Sayyidah Aishah (may Allah be pleased with her) says that the Messenger of Allah (peace and blessings be upon him) said: "A slave woman will be given two divorces, and her waiting period is two menstrual cycles."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15170
Abu Ahmad bin Adi al-Hafiz said: I heard Ibn Hammad say: Al-Bukhari said: Mudhahir bin Aslam, (who narrates) from al-Qasim, from Aishah: Abu Asim declared him da'if (weak).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15171
Zayd bin Aslam (may Allah have mercy on him) says that al-Qasim (may Allah have mercy on him) was asked about the waiting period of a slave woman, and he said: People say two menstrual cycles, but we do not know anything about that in the Book of Allah or in the Sunnah of the Messenger (peace and blessings be upon him).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15172
Zayd bin Aslam (may Allah have mercy on him) says that al-Qasim (may Allah have mercy on him) was asked about the divorces of a slave woman. He said: Her divorces are two and her waiting period is two menstrual cycles. When he was asked: Has anything reached you about this from the Prophet (peace and blessings be upon him)? He said: No.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15173
أَخْبَرَنَا أَبُو سَعْدٍ الْمَالِينِيُّ، أنا أَبُو أَحْمَدَ بْنُ عَدِيٍّ الْحَافِظُ، أنا زَكَرِيَّا السَّاجِيُّ، نا بُنْدَارٌ، نا أَبُو دَاوُدَ، نا شُعْبَةُ، عَنْ أَشْعَثَ بْنِ سَوَّارٍ، عَنِ الشَّعْبِيِّ، عَنْ مَسْرُوقٍ، عَنِ ابْنِ مَسْعُودٍ رَضِيَ اللهُ عَنْهُ قَالَ: " السُّنَّةُ بِالنِّسَاءِ فِي الطَّلَاقِ وَالْعِدَّةِ " أَشْعَثُ بْنُ سَوَّارٍ غَيْرُ قَوِيٍّ.
Masruq (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) that divorce and the waiting period are connected with women.
Ash'ath bin Sawwar is not strong.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15174
وَقَدْ قِيلَ عَنْ شُعْبَةَ، عَنِ الْأَعْمَشِ، عَنْ مُجَاهِدٍ، عَنْ مَسْرُوقٍ، عَنْ عَبْدِ اللهِ وَلَيْسَ بِمَحْفُوظٍ أَخْبَرَنَاهُ أَبُو عَبْدِ اللهِ الْحَافِظُ، أنا أَبُو عَلِيٍّ الْحَافِظُ، أنا أَحْمَدُ بْنُ مُحَمَّدٍ الْخُوَارِزْمِيُّ، نا أَبُو يَزِيدَ يُوسُفُ بْنُ يَزِيدَ بْنِ كَامِلٍ الْقَرَاطِيسِيُّ نا الْعَبَّاسُ بْنُ طَالِبٍ، نا يَزِيدُ بْنُ زُرَيْعٍ، نا شُعْبَةُ، فَذَكَرَهُ وَرُوِيَ عَنْهُ بِخِلَافِهِ.
It has also been reported from Shu'bah, from al-A'mash, from Mujahid, from Masruq, from Abdullah (bin Mas'ud), but this is not mahfuz (preserved). Yazid bin Zuray' narrated it from Shu'bah and mentioned it, and it has also been narrated from him (Shu'bah) differently.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15175
Al-Sha'bi (may Allah have mercy on him) narrates from Sayyiduna Abdullah (may Allah be pleased with him) that divorce is connected with men, while the waiting period is connected with women.
This is how I found it in the original copy of his book, and it is not mahfuz (preserved).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15176
Amr bin Dinar narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both): "The Sunnah way is that divorce and the waiting period are connected with women."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15177
Ikrimah narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that divorce is connected with men, while the waiting period is connected with women.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15178
Sa'id bin al-Musayyib (may Allah have mercy on him) says that divorce is connected with men, and the waiting period concerns women.
(b) Ikrimah (may Allah have mercy on him) narrates sometimes from Ibn Abbas (may Allah be pleased with them both) and sometimes from the Prophet (peace and blessings be upon him): "Divorce rests only with the one who became the owner."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15179
Abu al-Hasan, a freed slave of Banu Nawfal, asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) for a ruling about a slave who had a slave woman as his wife: he gave his wife two divorces, so she became separated from him; then both of them were freed. Is it proper for the man to propose marriage to her? Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: Yes, because the Messenger of Allah (peace and blessings be upon him) "gave this very ruling."
(b) Ibn al-Mubarak (may Allah have mercy on him) said to Ma'mar (may Allah have mercy on him): Who is this Abu al-Hasan? He has burdened himself with a huge rock. By this he meant to reject the hadith he narrated.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15180
Ali bin al-Madini was asked about Amr bin Mu'attib, from whom Yahya bin Abi Kathir narrated, from Abu al-Hasan, the hadith of Ibn Abbas (may Allah be pleased with them both) that the Messenger of Allah (peace and blessings be upon him) "gave a ruling concerning a slave who had a slave woman as his wife." He said: He is majhul (unknown); no one other than Yahya narrated from him.
The Shaykh (al-Bayhaqi) said: The generality of the jurists hold the opposite of what he narrated. Had it been established, we would have held it, but we do not accept as established a hadith narrated by someone whose integrity is unknown, and success is from Allah. The opposite of this has been narrated from Ibn Mas'ud and Jabir as their own statements.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15181
Ibrahim narrates from Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) concerning a slave who had given his wife two divorces, and then the woman was freed. He said: That slave may not marry this freed woman until she marries another husband.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15182
Abu Salamah narrates from Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both): When she is freed during her waiting period, he may marry her, and this woman will remain with him on (the balance of) one divorce.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الرجعة / 15183