Muwatta' Malik 29-17

Translation

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "If a man gives his wife authority over herself, and she does not separate from him and remains with him, there is no divorce." Malik said that a woman whose husband gave her power over herself and they separated while she was unwilling, had no power to revoke the divorce. She only had power over herself as long as they remained together.

Notes

• قَالَ مَالِكٌ فِي الْمُمَلَّكَةِ إِذَا مَلَّكَهَا زَوْجُهَا أَمْرَهَا ثُمَّ افْتَرَقَا وَلَمْ تَقْبَلْ مِنْ ذَلِكَ شَيْئًا فَلَيْسَ بِيَدِهَا مِنْ ذَلِكَ شَىْءٌ وَهُوَ لَهَا مَا دَامَا فِي مَجْلِسِهِمَا

  machine translationMālik said regarding the woman whose husband has given her authority over her own affair (al-mumallakah): If her husband gives her authority over her affair, then they separate and she has not accepted anything of that, she has no authority in the matter. It remains hers only as long as the two of them are still in their sitting. Report a problem

Grades by grader

Other narrations of this report

Musannaf 'Abd al-Razzaq 12043Musannaf 'Abd al-Razzaq 12054al-Sunan al-Kubra (al-Bayhaqi) 15131al-Sunan al-Kubra (al-Bayhaqi) 15132

Narrators

1. 1
   Saʿīd b. al-Musayyib

   One of the reliable (athbāt), eminent jurist scholarsd. 87 AH, or 93 AH, or 94 AH, or 95 AH, or 100 AH, Ibn Maʿīn and Ibn al-Madīnī said: 105 AH
   سَعِيد بْن الْمُسَيِّبأحد العلماء الأثبات الفقهاء الكبار
   عن
2. 2
   Yaḥyá b. Saʿīd al-Anṣārī

   trustworthy, precise (thiqah thabt)d. 143 AH or 144 AH, also said 146 AH
   يَحْيَى بْنِ سَعِيدٍثقة ثبت
   عن
3. 3
   Mālik b. Anas

   The jurist (al-faqīh), the Imam of the Abode of Migration (Imām Dār al-Hijrah), the head of the proficient masters, and the foremost among the meticulous.d. 178 AH, or 179 AH
   مَالِكٌالفقيه ، إمام دار الهجرة ، رأس المتقنين ، وكبير المتثبتين

Who each narrator was and how reliable, from hdith.com

Latin names and English verdicts with a dotted underline are machine translations, not reviewed.