Musannaf 'Abd al-Razzaq 12393

Translation

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Al-Walid wrote to al-Hajjaj: "Ask those under your authority about the missing husband, if he comes back after his wife has married?" So al-Hajjaj asked Abu Malih ibn Usamah, and Abu Malih said: "Suhaymah bint 'Umar al-Shaybaniyyah narrated to me that she lost her husband in a military expedition he had undertaken, and she did not know whether he had perished or not. So she waited four years, then she married. Then her first husband came back, after she had married." She said: "My two husbands rode to 'Uthman and found him besieged, so they asked him and mentioned their matter to him. 'Uthman said: 'In this condition?' They said: 'It has happened, and there is no way out.' 'Uthman said: 'The first husband is given the choice between his wife and her dowry.'" She said: "Then 'Uthman was killed not long after." Then they rode after that until they came to 'Ali in Kufa and asked him. He said: "In this condition?" They said: "It has happened as you see, and there must be a ruling on it." She said: They informed him of the judgment of 'Uthman, and he said: "I see nothing for them except what 'Uthman said." So the first husband chose the dowry. She said: "I helped my other husband with two thousand, the dowry having been four thousand. And [the first husband] returned the umm walad women who had been his, who had married after him, and returned their children with them." [Abu Malih said:] "He knew that he had said it."

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