Divorce Section · 6 – A Slave's Divorce of His Wife According to the Sunnah
According to the report of Abū Hāsan, a slave of Banū Navfal, that Ibn ‘Abbās was asked about a slave who had divorced his female slave twice in his marriage, and whether they should then be set free. He also inquired whether it would be permissible for the male (slave) to seek to marry his divorced wife. Ibn ‘Abbās replied: “Yes, this is how the Messenger of Allah ﷺ judged.”
In a narration transmitted with the same chain of narrators and meaning, without the introductory formula of the preceding hadith, Ibn Abbas said: “You are divorced. The Messenger of Allah, peace and blessings be upon him, judged in this manner.”
Aisha (may Allah be pleased with her) related: It is narrated that the Messenger of Allah (peace and blessings upon him) said, “The divorce of a female slave involves two pronouncements [of divorce] and two menstrual periods.”
Abu Asim said: He reported to me Muzahir. He reported to me Qasim.
Aisha (may Allah be pleased with her) related from the Messenger of Allah (peace and blessings upon him) that this hadith was narrated in a similar manner. However, in that narration, it was stated, “The waiting period [ʿidda] of a female slave is two menstrual periods.” [174]
EXPLANATION: The ʿidda of a free woman is three tuhur (purifications); the ʿidda of a female slave is two tuhur. (That is, being cleansed from menstruation.)