Al-Muwatta Hadith - 29.9

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The 'Irrevocable' Divorce.

Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.

Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.

Malik said, "That is the best of what I have heard."

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  Syed Husain    
  9 years 45 weeks ago
Ibn Rushd in Bidayatul Mujtahid discusses how the ulema had reached different conclusions pertaining to the implied meaning of this hadith. Imam Dawud had understood that the words of the Prophet (s) should be understood to mean it is always obligatory to wash the hands before making wudu after waking up (which is inline with his literalist methodology of interpretation). Imam Ahmad’s understanding was that he (s) was only referring to sleep that had occurred during the night due to his understanding of the meaning of the word bayaat. Hence, it would not be obligatory on the one who awoke from sleep during the day. Malik and Ash-Shafii understood that the Prophet (s) was implying that it is always recommended (but not obligatory) to wash one’s hand before making the rest of wudu, regardless of whether or not they were sleeping prior to it. The hanafi books of fiqh also convey the same understanding. Ibn Rushd points out that the Prophet (s) was more likely bringing attention to the purity of the water rather than stipulating an additional action of wudu. If the hands are impure or there is some doubt that they are pure, then placing them in a water utensil puts doubt on the purity of the water.