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:-> Found In: Imam Malik's Muwatta Chapter No: 28, Marriage Hadithno: 19 Narrated: 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 themarriage, 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 themarriageuntil he undertook a newmarriage. If he had intercourse with her in thatmarriage, she had her dowry. Relevance: 8.2102 Found In: Imam Malik's Muwatta Chapter No: 28, Marriage Hadithno: 2 Narrated: Nafi 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, said, "Do not ask for a woman inmarriagewhen another muslim has already done so." Malik said, "The explanation of the statement of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - is that 'Do not ask for a woman inmarriagewhen another muslim has already done so' means that when a man has asked for a woman inmarriage, and she has inclined to him and they have agreed on a bride-price, which she has suggested and with which they are mutually satisfied, it is forbidden for another man to ask for that woman inmarriage. It does not mean that when a man has asked for a woman inmarriage, and his suit does not agree with her and she does not incline to him that no one else can ask for her inmarriage. That is a door to misery for people." Relevance: 7.605 Found In: Imam Malik's Muwatta Chapter No: 28, Marriage Hadithno: 26 Narrated: Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about amarriagewhich had only been witnessed by one man and one woman . He said, "This is a secretmarriageand I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned." Relevance: 6.7289 Found In: Imam Malik's Muwatta Chapter No: 28, Marriage Hadithno: 11 Narrated: Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone inmarriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it." Malik spoke about a woman whose father gave her inmarriageand made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by whichmarriageoccurs belongs to the woman if she wants it. If the husband parts from her before themarriageis consummated, the husband has half of the unreturnable gift by which themarriageoccurred." Malik said about a man who married off his young son and the son had no wealth at all, that the bride-price was obliged of the father if the young man had no property on the day ofmarriage. If the young man did have property the bride-price was taken from his property unless the father stipulated that he would pay the bride-price. Themarriagewas affirmed for the son if he was a minor only if he was under the guardianship of his father. Malik said that if a man divorced his wife before he had consummated themarriageand she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses. Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummatedmarriage) make remission or he makes remission to him in whose hand is the knot ofmarriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.) Malik said, "That is what I have heard about the matter, and that is how things are done among us." Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before themarriagehad been consummated, did not keep anything from the bride-price. Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ." Relevance: 6.544 Found In: Imam Malik's Muwatta Chapter No: 19, Itikaf in Ramadan Hadithno: 9 Narrated: Malik said, "There is no harm in someone who is in itikaf entering into amarriagecontract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night." Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship.marriageis not disapproved of for someone fasting." "There is, however, a distinction between themarriageof someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard tomarriageare different." "This is the sunna as it has come down to us regardingmarriagefor those who are muhrim, doing itikaf, or fasting. Relevance: 6.3405 Found In: Imam Malik's Muwatta Chapter No: 29, Divorce Hadithno: 9 Narrated: 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 whosemarriagehad been consummated, or it was written as one of three for a woman whosemarriagehad 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 whosemarriagehad been consummated was made inaccessible by three pronouncements of divorce, the woman whosemarriagehad not been consummated was made inaccessible by only one pronouncement. Malik said, "That is the best of what I have heard." Relevance: 6.019
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