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Muwaṭṭa’ Mālik

No. 1123

No. 1123Book 28, no. 33
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ سَأَلَ ابْنَ شِهَابٍ عَنْ رَجُلٍ، كَانَتْ تَحْتَهُ أَمَةٌ مَمْلُوكَةٌ فَاشْتَرَاهَا وَقَدْ كَانَ طَلَّقَهَا وَاحِدَةً فَقَالَ تَحِلُّ لَهُ بِمِلْكِ يَمِينِهِ مَا لَمْ يَبُتَّ طَلاَقَهَا فَإِنْ بَتَّ طَلاَقَهَا فَلاَ تَحِلُّ لَهُ بِمِلْكِ يَمِينِهِ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ ‏.‏ قَالَ مَالِكٌ فِي الرَّجُلِ يَنْكِحُ الأَمَةَ فَتَلِدُ مِنْهُ ثُمَّ يَبْتَاعُهَا إِنَّهَا لاَ تَكُونُ أُمَّ وَلَدٍ لَهُ بِذَلِكَ الْوَلَدِ الَّذِي وَلَدَتْ مِنْهُ وَهِيَ لِغَيْرِهِ حَتَّى تَلِدَ مِنْهُ وَهِيَ فِي مِلْكِهِ بَعْدَ ابْتِيَاعِهِ إِيَّاهَا ‏.‏ قَالَ مَالِكٌ وَإِنِ اشْتَرَاهَا وَهِيَ حَامِلٌ مِنْهُ ثُمَّ وَضَعَتْ عِنْدَهُ كَانَتْ أُمَّ وَلَدِهِ بِذَلِكَ الْحَمْلِ فِيمَا نُرَى وَاللَّهُ أَعْلَمُ ‏.‏
Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband." Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her. Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best
Gradings in the source
  • Maqtu SahihSalim al-Hilali

Under each narration is the dataset’s own translation, shown as it stands. It names no translator, its rights are not verified, and nobody has checked it against the Arabic; some narrations have none. The Arabic is the text.

Book 28 · Marriage

The Arabic text, the numbering, the book names and the gradings are shown exactly as they stand in an open dataset (hadith-api). Sabīl has not yet verified its accuracy or its rights, and its scholarly review has not begun. Until then, check a narration against a printed edition before relying on it.