27/19. Chapter:
Sunan an-Nasai 3428 — Marriage After Two Divorces
Divorce Of A Slave
Hadith About Two Divorces Before Freedom
Sunan an-Nasai : 3428
Sunan an-NasaiHadith Number 3428
أَخْبَرَنَا مُحَمَّدُ بْنُ رَافِعٍ، قَالَ حَدَّثَنَا عَبْدُ الرَّزَّاقِ، قَالَ أَنْبَأَنَا مَعْمَرٌ، عَنْ يَحْيَى بْنِ أَبِي كَثِيرٍ، عَنْ عُمَرَ بْنِ مُعَتِّبٍ، عَنِ الْحَسَنِ، مَوْلَى بَنِي نَوْفَلٍ قَالَ سُئِلَ ابْنُ عَبَّاسٍ عَنْ عَبْدٍ طَلَّقَ، امْرَأَتَهُ تَطْلِيقَتَيْنِ ثُمَّ عُتِقَا أَيَتَزَوَّجُهَا قَالَ نَعَمْ . قَالَ عَمَّنْ قَالَ أَفْتَى بِذَلِكَ رَسُولُ اللَّهِ صلى الله عليه وسلم قَالَ عَبْدُ الرَّزَّاقِ قَالَ ابْنُ الْمُبَارَكِ لِمَعْمَرٍ الْحَسَنُ هَذَا مَنْ هُوَ لَقَدْ حَمَلَ صَخْرَةً عَظِيمَةً .
Abu Al-Hasan Narrated from:
Ibn 'Abbas was asked about a slave who divorced his wife twice, then they were set free; could he marry her? He said: 'Yes.' He said: 'From whom (did you hear that)?' He said: 'The Messenger of Allah issued a Fatwa to that effect.'" (One of the narrators) 'Abdur-Razzaq said: "Ibn Al-Mubarak said to Ma'mar: 'Which Al-Hasan is this? He has taken on a heavy burden.'"
Reference : Sunan an-Nasa'i 3428In-book reference : Book 27, Hadith 40English translation : Vol. 4, Book 27, Hadith 3458
Summary of Sunan an-Nasai Hadith 3428
This Hadith also discusses slave divorce in Islam, but through a question put to Ibn Abbas. He was asked about a slave who divorced his wife twice, after which both were set free. Could he marry her? Ibn Abbas answered, “Yes.” When asked from whom he had heard that, he said that the Messenger of Allah had issued a Fatwa to that effect. The narration also includes a comment from Ibn Al-Mubarak questioning the narrator Al-Hasan, saying he had taken on a heavy burden. So the text presents both the legal answer reported from Ibn Abbas and the narrator-related note attached to the report.
What we learn from this hadith
- Ibn Abbas answered that marriage was possible in the described case.
- The case involved two divorces before both people were set free.
- The report attributes the answer to a Fatwa from the Messenger of Allah.
- The narration also records a concern about the narrator carrying a heavy report.
