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Musannaf Ibn Abi Shaybah 19533

✧ What they said about a man who swore an oath of divorce three times that he would not speak to his brother

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حَدَّثَنَا يَزِيدُ بْنُ هَارُونَ، عَنْ أَبِي الْعَلَاءِ، وَسَعِيدٍ، عَنْ قَتَادَةَ عَنِ الْحَسَنِ قَالَ:

إِذَا قَالَ الرَّجُلُ: إِنْ كَلَّمَ أَخَاهُ فَامْرَأَتُهُ طَالِقٌ ثَلَاثًا، فَإِنْ شَاءَ طَلَّقَهَا وَاحِدَةً، ثُمَّ تَرَكَهَا حَتَّى تَنْقَضِيَ عِدَّتُهَا، فَإِذَا بَانَتْ كَلَّمَ أَخَاهُ ثُمَّ تَزَوَّجَهَا إِنْ شَاءَ بَعْدُ

Translation

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If a man says: If he speaks to his brother, then his wife is divorced three times. If he wishes, he divorces her once, then leaves her until her waiting period ends. When she is separated, he speaks to his brother, then he may remarry her afterwards if he wishes.

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