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Musannaf Ibn Abi Shaybah 19393

✧ What they said about two men who swear an oath by divorce concerning something and do not know what it is

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حَدَّثَنَا عَبْدُ الْأَعْلَى قَالَ:

سُئِلَ سَعِيدٌ عَنْ رَجُلَيْنِ قَالَ أَحَدُهُمَا لِطَائِرٍ: إِنْ لَمْ يَكُنْ غُرَابًا فَامْرَأَتُهُ طَالِقٌ ثَلَاثًا، وَقَالَ الْآخَرُ: إِنْ لَمْ يَكُنْ حَمَامًا فَامْرَأَتُهُ طَالِقٌ ثَلَاثًا، فَحُدِّثْنَا عَنْ قَتَادَةَ قَالَ: إِذَا طَارَ الطَّيْرُ [١]وَلَا يُدْرَى مَا هُوَ، فَلَا يَقْرَبُهَا هَذَا وَلَا يَقْرَبُهَا هَذَا

Translation

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Sa'id was asked about two men. One of them said to a bird, "If it is not a crow, then his wife is divorced three times," and the other said, "If it is not a pigeon, then his wife is divorced three times." We were told from Qatadah: "When the bird flies and it is not known what it is, then neither of them approaches his wife." [1]

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