General Section on Divorce

76 Yahya related to me from Malik that Ibn Shihab said, " I have heard that the Messenger of Allah, may Allah bless him and grant him peace, said to a man from Thaqif who had ten wives when he became Muslim, 'Take four and separate from the rest.'"

[In at-Tirmidhi and Ibn Majah]

77 Yahya related to me from Malik that Ibn Shihab said that he had heard Sa'id ibn al-Musayyab, Humayd ibn 'Abd ar-Rahman ibn 'Awf, 'Ubaydullah ibn 'Abdullah ibn 'Utba ibn Mas'ud, and Sulayman ibn Yasar all say that they had heard Abu Hurayra say that he had heard 'Umar ibn al-Khattab say, " If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she re-marries her first husband, she is with him according to what remains of her divorce (i.e. there is only one or two divorces left)."

Malik said, " That is what is done among us and there is no dispute about it."

78 Yahya related to me from Malik from Thabit ibn al-Ahnaf that he married an umm walad of 'Abd ar-Rahman ibn Zayd ibn al-Khattab. He said, " 'Abdullah ibn 'Abd ar-Rahman ibn Zayd ibn al-Khattab summoned me and I went to him. I came in upon him and there were whips and two iron fetters placed there, and two of his slaves whom he had made to sit there. He said, 'Divorce her, or, by Him by whom one swears, I will do such-and-such to you! ' I said, 'It is divorce a thousand times.' Then I left him and saw 'Abdullah ibn 'Umar on the road to Makka and I told him about my situation. 'Abdullah ibn 'Umar was furious, and said, 'That is not a divorce and she is not haram for you, so return to your home.' I was still not at ease so I went to 'Abdullah ibn az-Zubayr who was the Amir of Makka at that time. I told him about my situation and what 'Abdullah ibn 'Umar had said to me. 'Abdullah ibn az-Zubayr said to me, 'She is not haram for you, so return to your home, ' and he wrote to Jabir ibn al-Aswad az-Zuhri who was the Amir of Madina and ordered him to punish 'Abdullah ibn 'Abd ar-Rahman and to make him leave me and my family alone. I went to Madina and Safiyya, the wife of 'Abdullah ibn 'Umar, fitted out my wife so that she could bring her to my house with the knowledge of 'Abdullah ibn 'Umar. Then I invited 'Abdullah ibn 'Umar on the day of my wedding to the wedding feast and he came."

79 Yahya related to me from Malik that 'Abdullah ibn Dinar said, " I heard 'Abdullah ibn 'Umar recite from the Qur'an, 'O Prophet! When you divorce women, divorce them at the beginning of their 'idda.' "

Malik said, " He meant by that to make one pronouncement of divorce at the beginning of each period of purity."

80 Yahya related to me from Malik from Hisham ibn 'Urwa that his father said, " It used to be that a man would divorce his wife and then return to her before her 'idda was over, and that was all right, even if he divorced her a thousand times. The man went to his wife and then divorced her and when the end of her 'idda was in sight, he took her back and then divorced and said, 'No! By Allah, I will not go back to you and you will never be able to marry again.' Allah, the Blessed, the Exalted, sent down, 'Divorce can be pronounced twice; then wives should be retained with correctness and courtesy or released with good will.' (2: 229) People then turned towards divorce in a new light from that day whether they were divorced or not."

[In at-Tirmidhi]

81 Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Allah, the Blessed, the Exalted, sent down about a man who divorced his wife and then returned to her while he had no need of her and did not mean to keep her so as to make the 'idda period long for her by that in order to do her harm, " Do not retain them by force, thus overstepping the limits. Anyone who does that has wronged himself." (2: 231) Allah warns them by that ayat.

82 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab and Sulayman ibn Yasar were asked about a man who divorced when he was drunk. They said, " When a drunk man divorces, his divorce is allowed. If he kills, he is killed for it."

Malik said, " That is what is done among us."

Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab said, " If a man does not find the means to spend on his wife, they are to be separated."

Malik said, " That is what I have seen the people of knowledge in our city doing."

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