Muwatta 1728

Malik transmits from Yahya ibn Said, from Sulayman ibn Yasar, that Abdullah ibn Abbas (may God be pleased with him) and Abu Salama ibn Abd al-Rahman ibn Awf (may God be pleased with him) disagreed about a woman who gave birth a few nights after her husband's death. Abu Salama said she is free once she gives birth to what is in her womb; Ibn Abbas said the later of the two terms. Abu Hurayra (may God be pleased with him) came and said: I am with my nephew, meaning Abu Salama. They sent Kurayb, a client of Abdullah ibn Abbas, to Umm Salama, wife of the Prophet ﷺ, to ask her. He came back and told them she said Subayah al-Aslamiyya gave birth a few nights after her husband's death, and she told the Messenger, who said: you are free, marry whom you wish. Malik said this is the matter the scholars here have always followed. ¹

Belongs to the Muwatta, Book of Divorce. Source: the Muwatta. Mentions Yahya ibn Said al-Ansari, Sulayman ibn Yasar, Abdullah ibn Abbas, Abu Salama ibn Abd al-Rahman ibn Awf, Abu Hurayra, Kurayb, client of Ibn Abbas, Umm Salama Hind bint Abi Umayya, Subayah al-Aslamiyya. Built on in the chapters on divorce.