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Musannaf 'Abd al-Razzaq 12283

✧ She says: Divorce me while he is sick, and the heirs say he was healthy

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عَبْدُ الرَّزَّاقِ، عَنِ الثَّوْرِيِّ

فِي الْمَرْأَةِ يُطَلِّقُهَا زَوْجُهَا ثَلَاثًا، ثُمَّ يَمُوتُ فَتَقُولُ: طَلَّقَنِي وَهُوَ مَرِيضٌ، فَقَالَ أَهْلُهُ: بَلْ طَلَّقَكِ صَحِيحًا. عَلَى مَنِ الْبَيِّنَةُ ؟ قَالَ: " الْقَوْلُ قَوْلُهَا: إِلَّا أَنْ يَأَتُوا هُمْ بِالْبَيِّنَةِ أَنَّهُ طَلَّقَهَا وَهُوَ صَحِيحٌ "

Translation

Chain of narrators

machine translationʿAbd al-Razzāq, from al-Thawrī

Machine translation, not reviewed

Concerning a woman whose husband divorced her three times, then he died, and she said: "He divorced me while he was ill." His family said: "Rather, he divorced you while he was healthy. Upon whom is the burden of proof?" He said: "The statement is hers, unless they bring proof that he divorced her while he was healthy."

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