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Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.
Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.
Malik said, "That is the best of what I have heard."
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Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade shighar, which meant one man giving his daughter in marriage to another man on the condition that the other gave his daughter to him in marriage without either of them paying the bride-price.
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Hadith No: 1938
From: Sunan Ibn Majah. Chapter 11, The Chapters on Marriage
Narrated/Authority of Ibn Abbas
From: Sunan Ibn Majah. Chapter 11, The Chapters on Marriage
Narrated/Authority of Ibn Abbas
that the Messenger of was offered the daughter of Hamzah bin Abdul-Muttalib in marriage, and he said: "She is the daughter of my brother through breastfeeding, and breastfeeding makes unlawful (for marriage) the same things that blood ties make unlawful."
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Hadith No: 1990
From: Sunan Ibn Majah. Chapter 11, The Chapters on Marriage
Narrated/Authority of Aishah
From: Sunan Ibn Majah. Chapter 11, The Chapters on Marriage
Narrated/Authority of Aishah
"The Prophet (saw), married me in Shawwal, and he consummated the marriage with me in Shawwal, and which of his wives was more favored to him than I." 'Airhuh used to like marriage to be consummated with her female relatives in Shawwal.
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Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you",or "You are abandoned", were considered as three pronouncements of divorce.
Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible.
Malik added, "That is the best of what I have heard about the matter."
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Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said, ''Rabia ibn Umayya made a temporary marriage with a woman and she is pregnant by him.'' Umar ibn al-Khattab went out in dismay dragging his cloak, saying, "This temporary marriage, had I come across it, I would have ordered stoning and done away with it!"
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Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Abd ar-Rahman and Mujamma the sons of Yazid ibn Jariya al-Ansari from Khansa bint Khidam al-Ansariya that her father gave her in marriage and she had been previously married. She disapproved of that, and went to the Messenger of Allah, may Allah bless him and grant him peace, and he revoked the marriage.
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Hadith No: 1963
From: Sunan Ibn Majah. Chapter 11, The Chapters on Marriage
Narrated/Authority of Ibn Umar
From: Sunan Ibn Majah. Chapter 11, The Chapters on Marriage
Narrated/Authority of Ibn Umar
"When Umar bin Khattab was appointed caliph, he addressed the people and said: 'The Messenger of Allah (saw) permitted temporary marriage for us three times, then he forbade it. By Allah, If I hear of any married person entering a temporary marriage, I will stone him to death, unless he can bring me four witnesses who will testify that the Messenger of Allah (saw), allowed it after he forbade it'."
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Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."
Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."
Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."
Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."
Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."
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Hadith No: 1866
From: Sunan Ibn Majah. Chapter 11, The Chapters on Marriage
Narrated/Authority of Mughirah bin Shubah
From: Sunan Ibn Majah. Chapter 11, The Chapters on Marriage
Narrated/Authority of Mughirah bin Shubah
"I came to the Prophet (saw) and told him of a woman to whom I had to propose marriage. He said: 'Go and look at her, for that is more likely to create love between you.' So I went to a woman among the Ansar and proposed marriage through her parents. I told them what the Prophet (saw) had said, and it was as if they did not like that. Then I heard that woman, behind her curtain, say: 'If the Messenger of Allah (saw) has told you to do that, then do it, otherwise I adjure you by Allah (not to do so)'. And it was as if she regarded that as a serious matter. So I looked at her and married her." And he mentioned how well he got along with her.
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