Muwatta Malik: Book 28, Hadith 20

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, “It is not halal for the first husband to return to her.”

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ أَنَّ الْقَاسِمَ بْنَ مُحَمَّدٍ، سُئِلَ عَنْ رَجُلٍ، طَلَّقَ امْرَأَتَهُ الْبَتَّةَ ثُمَّ تَزَوَّجَهَا بَعْدَهُ رَجُلٌ آخَرُ فَمَاتَ عَنْهَا قَبْلَ أَنْ يَمَسَّهَا هَلْ يَحِلُّ لِزَوْجِهَا الأَوَّلِ أَنْ يُرَاجِعَهَا فَقَالَ الْقَاسِمُ بْنُ مُحَمَّدٍ لاَ يَحِلُّ لِزَوْجِهَا الأَوَّلِ أَنْ يُرَاجِعَهَا ‏.‏ قَالَ مَالِكٌ فِي الْمُحَلِّلِ إِنَّهُ لاَ يُقِيمُ عَلَى نِكَاحِهِ ذَلِكَ حَتَّى يَسْتَقْبِلَ نِكَاحًا جَدِيدًا فَإِنْ أَصَابَهَا فِي ذَلِكَ فَلَهَا مَهْرُهَا ‏.‏

Muwatta Malik: Book 28, Hadith 20

 
The above hadith is from the Muwatta Malik collection of hadiths. Imam Malik ibn Anas spent 40 years composing the Muwatta Malik in the 8th century. This highly respected early work assembles fewer than 2,000 hadiths, which are thoughtfully divided into 61 books covering legal and ethical topics.

Use the tags to drill down deeper and find connections and new streams of information to help you fill gaps in knowledge and better connect the dots. Eman and Life is a growing database of knowledge with the mission to help further us in our pursuit of the best lifestyle through the guidance of the Quran and Sunnah.

 

For more Hadith in Book 28: Marriage
 

Spread the Barakah:

Share on Reddit Share on WhatsApp Share on Telegram Share on Bluesky

Search by posts

Categories