13. Ṭalāq (Divorce)
١٣۔ كتاب الطلاق
Abu Hasan, a client of Banu Nawfal asked Ibn Abbas: A slave had a wife who was a slave-girl. He divorced her by two pronouncements. Afterwards both of them were freed. Is it permissible for him to ask her in marriage again? He said: Yes. This is a decision given by the Messenger of Allah ﷺ.
نَعَمْ قَضَى بِذَلِكَ رَسُولُ اللَّهِ ﷺ
Ibn Abbas said: There remained one more pronouncement of divorce for you. The Messenger of Allah ﷺ took the same decision. Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock. Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan. Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.
ابْنُ عَبَّاسٍ بَقِيَتْ لَكَ وَاحِدَةٌ قَضَى بِهِ رَسُولُ اللَّهِ ﷺ
The Prophet ﷺ said: The divorce of a slave-woman consists in saying it twice and her waiting period is two menstrual courses (qur') AbuAsim said: A similar tradition has been narrated to me by Muzahir and al-Qasim on the authority of Aisha from the Prophet ﷺ, except that he said: And her waiting period ('iddah) is two courses. Abu Dawud said: This tradition is obscure.
عَنِ النَّبِيِّ ﷺ قَالَ طَلاَقُ الأَمَةِ تَطْلِيقَتَانِ وَقُرْؤُهَا حَيْضَتَانِ قَالَ أَبُو عَاصِمٍ حَدَّثَنِي مُظَاهِرٌ حَدَّثَنِي الْقَاسِمُ عَنْ عَائِشَةَ عَنِ النَّبِيِّ ﷺ مِثْلَهُ إِلاَّ أَنَّهُ قَالَ وَعِدَّتُهَا حَيْضَتَانِ