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Musannaf Ibn Abi Shaybah 19276

✧ What they said about the slave who flees and has a wife; his fleeing constitutes a divorce

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حَدَّثَنَا عَبْدُ الْأَعْلَى، عَنْ هِشَامٍ، عَنْ حَوْشَبٍ عَنِ الْحَسَنِ

سُئِلَ عَنْ عَبْدٍ آبِقٍ وَلَهُ امْرَأَةٌ فَقَالَ: إِنْ جَاءَ قَبْلَ أَنْ تَنْقَضِيَ الْعِدَّةُ فَهِيَ امْرَأَتُهُ، وَإِنْ جَاءَ بَعْدَمَا انْقَضَتِ الْعِدَّةُ فَقَدْ بَانَتْ مِنْهُ بِتَطْلِيقَةٍ

Translation

Machine translation, not reviewed

He was asked about a runaway slave who had a wife, and he said: "If he returns before her waiting period ends, she is his wife; and if he returns after her waiting period has ended, then she has been separated from him by one divorce."

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