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Yahya related to me from Malik that he heard Rabia ibn Abd ar-Rahman say that a slave could marry four women. Malik said, "This is the best of what I have heard about the matter." Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage." Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re-marry. If they re-marry afterwards, that separation was not divorce." Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."
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"A man passed by the Messenger of Allah (saw) and the Prophet (saw) said: What do you say about this man? They said: We agree with your opinion concerning him. We say: He is one of the noblest of people. If he proposes marriage, his proposal deserves to be accepted; and if he intercedes, his intercession deserves to be accepted; and if he speaks, he deserves to be listened to. The Prophet (saw) remained silent, and another man passed by. The Prophet (saw) said: What do you think about this man? We said: By Allah, O Messenger of Allah, this is one of the poor Muslims. If he proposes marriage, he does not deserve to get married; and if he intercedes, his intercession does not deserve to be accepted; and if he speaks, he does not deserve to be listened to. The Prophet (saw) said: This one is better than an earthful of (men like) the other man."
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that the Messenger of Allah (saw) said: "What differentiates between the lawful and the unlawful is (beating) the Daff and raising the voices (in song) at the time of marriage."
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Yahya related to me from Malik from Nafi that Rubayyi bint Muawwidh ibn Afra came with her paternal uncle to Abdullah ibn Umar and told him that she had divorced her husband for a compensation in the time of Uthman ibn Affan, and he heard about it and did not disapprove. Abdullah ibn Umar said, "Her idda is the idda of a divorced woman." Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods. Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda. Malik said, "That is the best that I have heard on the matter." Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation."
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Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah and Sulayman ibn Yasar said about the virgin given by her father in marriage without her permission, "That is binding on her."
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Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry." Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her." Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her." Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife." Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' " Malik said, "This is what I like the best of what I heard about the missing man."
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from his father, that the Prophet (saw) married Umm Salamah in Shawwal, and consummated the marriage with her in Shawwal.
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a virgin girl came to the Prophet (saw) and told him that her father arranged a marriage that she did not like, and the Prophet (saw) gave her the choice.
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from the Prophet (saw), concerning a man who had a wife then divorced her, then another man married her but divorced her before consummating the marriage. Could she go back to the first man? He said: "No, not until he tastes her sweetness."
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"Once of the things that Allah revealed in the the Quran and then abrogated was that nothing makes marriage prohibited except ten breastfeedings or five well-known (breastfeedings)."
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