25 - Chapter: On Speech When Intended [to Refer] to What Its Meaning May Bear

3437 - 'Amr ibn Mansur informed us, saying: 'Abdullah ibn Maslamah narrated to us, saying: Malik narrated to us.

And al-Harith ibn Miskin [narrated to us] by reading to him while I was listening, from Ibn al-Qasim, who said: Malik informed me, from Yahya ibn Sa'id, from Muhammad ibn Ibrahim, from 'Alqamah ibn Waqqas.

From 'Umar ibn al-Khattab, may Allah be pleased with him — and in the hadith of al-Harith: that he heard 'Umar say: The Messenger of Allah, peace and blessings be upon him, said: "Indeed, deeds are [judged] by intention, and indeed, every person will have only what he intended. So whoever's emigration was for Allah and His Messenger, then his emigration is for Allah and His Messenger. And whoever's emigration was for worldly gain he seeks or a woman he wishes to marry, then his emigration is for that to which he emigrated."

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From Hammad ibn Salamah, with this same chain of transmission.

Both the first narration of Ahmad and that of Muslim are via the route of Yazid ibn Harun, and their wording uses explicit speech without mentioning gesture, and at the end of it: he said: "Yes," on the third [time], so the two men stood up pushing each other until they reached his house. And in the wording of Ibn Hibban's narration, speech is mentioned along with gesture.

Al-Sindi said: The intent of the author, may Allah have mercy on him, is that understood gesture is used in [conveying] purposes, and divorce is among them, so its use in it is valid.

(1) In (R), (M), and the margin of (H): "for what" (lima).
(2) In (R) and (M): "by intentions" (bil-niyyat).
(3) In (H): "to the world" (ila al-dunya).
(4) Both of its chains of transmission are sound. Ibn al-Qasim: he is 'Abd al-Rahman, and it is in "Al-Sunan al-Kubra" under number (5601).

Al-Bukhari (54) and Muslim (1907) also extracted it from 'Abdullah ibn Maslamah — who is al-Qa'nabi — with this chain of transmission.

It has preceded via the route of Hammad ibn Zayd, Malik, and Ibn al-Mubarak, all three from Yahya, under number (75), and it will come via the route of Sulayman ibn Hayyan, from Yahya, under number (3794).