Hadith 4294

Muwatta Malik

موطأ مالك

75


Malik said, "What is done among us when a slave divorces a slave-girl when she is a slave and then she is set free, is that her idda isthe idda of a slave-girl, and her being set free does not change heridda whether or not he can still return to her. Her idda is notaltered."Malik added, "The hadd-punishment which a slaveincurs is the same as this. When he is freed after he has incurred butbefore the punishment has been executed, his hadd is the hadd of theslave."Malik said, "When a free man divorces a slave-girlthree times, her idda is two periods. When a slave divorces a freewoman twice, her idda is three periods."Malik said about aman who had a slave-girl as a wife, and he bought her and set herfree, ''Her idda is the idda of a slave-girl, i.e. two periods, aslong as he has not had intercourse with her. If he has had intercoursewith her after buying her and before he set her free, she only has towait until one period has passed . "

USC-MSA web (English) reference: Book 29, Hadith 69