Hadith: To the commanders of the soldiers regarding men who were absent from their wives
On the authority of Omar, may God be pleased with him, that he wrote to the commanders of the soldiers regarding men who were absent from their wives to take them to provide maintenance or release them. If they were divorced, they would be sent to provide maintenance as long as they were not detained. Narrated by Al-Shafi’i and Al-Bayhaqi with a good chain of transmission.
Vocabulary:
He wrote to the commanders of the soldiers:That is: Omar, may God be pleased with him, sent a message to the commanders of his armies and the heads of his brigades in the outskirts of the Islamic country.
Of men who are absent from their wives:That is, regarding men who left their wives for a long period of time and did not send their wives any maintenance.
To take them to spend or divorce:That is, they oblige them to pay maintenance to their wives or leave them.
If they are divorced, they will be sent to provide maintenance as long as they are imprisoned:That is, if they choose to divorce their wives, they are obligated to pay alimony for the past period during which they did not send alimony because the woman was bound by marital ties for that period.
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This narration on the authority of Omar, may God be pleased with him, was narrated by Al-Shafi’i, on the authority of Muslim bin Khaled Al-Zanji, on the authority of Ubayd Allah bin Omar, on the authority of Nafi’, on the authority of Ibn Omar, with him, and Muslim bin Khalid Al-Makhzoumi, their Meccan client, known as Al-Zanj, said in Al-Taqreeb: An honest jurist with many delusions; Ah, this narration was also reported by Ibn al-Mundhir on the authority of Abd al-Razzaq, on the authority of Ubayd Allah ibn Umar, with it, and he completed a context. He said in al-Talkhis: It is in Abd al-Razzaq’s work, and Abu Hatim mentioned it in al-Illal, on the authority of Hammad ibn Salamah, on the authority of Ubayd Allah, with it; Oh.
The man’s insolvency and inability to spend on the woman makes her entitled to his complaint to remove harm from her, and the Muslim guardian may rule to force him to spend on her or separate from her. It is also understood from the hadith of Al-Bukhari on the authority of Abu Hurairah that the Prophet, may God’s prayers and peace be upon him, said: The woman says: Either she feeds me or she divorces me. It was previously discussed in the discussion of the eighth hadith of the hadiths in this section, and God knows best.