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Musannaf Ibn Abi Shaybah 18577

✧ Those who said it is not divorce, and the buyer may not have intercourse with her until she is divorced

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حَدَّثَنَا عَبْدُ السَّلَامِ بْنُ حَرْبٍ عَنْ مُحَمَّدِ بْنِ إِسْحَاقَ عَنْ نَافِعٍ عَنِ ابْنِ عُمَرَ قَالَ:

الْعَبْدُ أَحَقُّ بِامْرَأَتِهِ أَيْنَمَا وَجَدَهَا إِلَّا أَنْ يَكُونَ طَلَّقَهَا طَلَاقًا بَائِنًا

Translation

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The slave is more entitled to his wife wherever he finds her, unless he has divorced her with an irrevocable divorce.

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