Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (saws) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.

(mother of the believers) After the death of Allah 's Apostle Fatima the daughter of Allah's Apostle asked Abu Bakr As-Siddiq to give her, her share of inheritance from what Allah's Apostle had left of the Fai (i.e. booty gained without fighting) which Allah had given him. Abu Bakr said to her, "Allah's Apostle said, 'Our property will not be inherited, whatever we (i.e. prophets) leave is Sadaqa (to be used for charity)." Fatima, the daughter of Allah's Apostle got angry and stopped speaking to Abu Bakr, and continued assuming that attitude till she died. Fatima remained alive for six months after the death of Allah's Apostle. She used to ask Abu Bakr for her share from the property of Allah's Apostle which he left at Khaibar, and Fadak, and his property at Medina (devoted for charity). Abu Bakr refused to give her that property and said, "I will not leave anything Allah's Apostle used to do, because I am afraid that if I left something from the Prophet's tradition, then I would go astray." (Later on) `Umar gave the Prophet's property (of Sadaqa) at Medina to `Ali and `Abbas, but he withheld the properties of Khaibar and Fadak in his custody and said, "These two properties are the Sadaqa which Allah's Apostle used to use for his expenditures and urgent needs. Now their management is to be entrusted to the ruler." (Az-Zuhri said, "They have been managed in this way till today.")

Urwah ibn az-Zubayr reported from Fatimah daughter of AbuHubaysh that her blood kept flowing, so the Prophet (saws) said to her: When the blood of the menses comes, it is black blood which can be recognised; so when that comes, refrain from prayer; but when a different type of blood comes, perform ablution and pray, for it is (due only to) a vein.

Abu Dawud said: Ibn al-Muthanna narrates this tradition from his book on the authority of Ibn 'Adi in a similar way. Later on he transmitted it to us from his memory: Muhammad b. 'Amr reported to us from al-Zuhri from 'Urwah on the authority of 'Aishah who said: Fatimah used to have her blood flowing. He then reported the tradition conveying the same meaning.

Abu Dawud said: Anas b. Sirin reported from Ibn 'Abbas about the woman who has a prolonged flow of blood. He said: If she sees thick blood, she should not pray; if she finds herself purified even for a moment, she should was an pray.

Makhul said: Menses are not hidden from women. Their blood is black and thick. When it (blackness and thickness) goes away and there appears yellowness and liquidness, that is the flow of blood (from vein). She should wash and pray.

Abu Dawud said: This tradition has been transmitted by Sa'id b. al-Musayyab through a different chain of narrators, saying: The woman who has a prolonged flow of blood should abandon prayer when the menstruation begins; when it is finished, she should wash and pray.

Sumayy and others have also reported it from Sa'id b. al-Musayyab. This version adds: She should refrain (from prayer) during her menstrual period.

Hammad b. Salamah has reported it similarly from Yahya b. Sa'id on the authority of Sa'id b. al-Musayyab.

Abu Dawud said: Yunus has reported from Al-Hasan: When the bleeding of a menstruating woman extends (beyond the normal period), she should refrain (from prayer), after her menses are over, for one or two days. Now she becomes the woman who has a prolonged flow of blood.

Al-Taimi reported from Qatadah: If her menstrual period is prolonged by five days, she should pray. Al-Taimi said: I kept on reducing (the number of days) until I reached two days. He said: If the period extends by two days, they will be counted from the menstrual period. When Ibn Sirin was questioned about it, he said: Women have better knowledge of that.

When Ali married Fatimah, the Prophet (saws) said to him: Give her something. He said: I have nothing with me. He said: Where is your Hutamiyyah (coat of mail).

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

The Messenger of Allah (saws) came to Fatimah and found a curtain hanging at her door, so he did not enter. Whenever he entered (the house), he would visit her first. Then Ali came and found that Fatimah was grieved.

He asked: What is the matter with you? She replied: The Messenger of Allah (saws) came to me but did not enter (the house).

Ali then came to him and said: Messenger of Allah, Fatimah felt it keenly that you came to visit her but did not go in. He replied: What have I to do with this world? What have I to do with prints and figures (on the curtain)? He (Ali) then went to Fatimah and informed her of what the Messenger of Allah (saws) had said.

She said: Ask the Messenger of Allah (saws) what he me to do about it.

He (the Prophet) said: Tell her that she must send it to so-and-so.

That she was married to Sad bin Khaula who was from the tribe of Bani 'Amr bin Luai, and was one of those who fought the Badr battle. He died while she wa pregnant during Hajjat-ul-Wada.' Soon after his death, she gave birth to a child. When she completed the term of deliver (i.e. became clean), she prepared herself for suitors. Abu As-Sanabil bin Bu'kak, a man from the tribe of Bani Abd-ud-Dal called on her and said to her, "What! I see you dressed up for the people to ask you in marriage. Do you want to marry By Allah, you are not allowed to marry unless four months and ten days have elapsed (after your husband's death)." Subai'a in her narration said, "When he (i.e. Abu As-Sanabil) said this to me. I put on my dress in the evening and went to Allah's Apostle and asked him about this problem. He gave the verdict that I was free to marry as I had already given birth to my child and ordered me to marry if I wished."

Abu Dawud said: Qatadah narrated it from 'Urwah b. al-Zubair, from Zainab daughter of Umm Salamah, that Umm Habibah daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) commanded her to abandon prayer for the period of her menses. She then should take a bath, and offer prayer. Abu Dawud said: Qatadah did not hear anything from 'Urwah. ²

And Ibn 'Uyainah added in the tradition narrated by al-Zuhri from 'Umrah on the authority of 'Aishah. Umm Habibah had a prolonged flow of blood. She asked the Prophet (saws). He commanded her to abandon prayer during her menstrual period.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah. This is not found in the tradition reported by the transmitter from al-Zuhri except that mentioned by Suhail b. Abu Salih. Al-Humaidi also narrated this tradition from Ibn 'Uyainah, but he did not mention the words "she should abandon prayer during her menstrual period."¹

Qumair daughter of Masruq reported on the authority of 'Aishah: The woman who has prolonged flow of blood should abandon prayer during her menstrual period.³

'Abd al-Rahman b. al-Qasim reported on the authority of his father: The Prophet (saws) commanded her to abandon prayers equal (to the length of time) that she has her (usual) menses.²

Abu Bishr Ja'far b. Abi Wahshiyyah reported on the authority of 'Ikrimah from the Prophet (saws) saying: Umm Habibah daughter of Jahsh had a prolonged flow of blood; and he transmitted like that.¹

Sharik narrated from Abu al-Yaqzan from 'Adi b. Thabit from his father on the authority of his grandfather from the Prophet (saws): The woman suffering from a prolonged flow of blood should abandon prayer during her menstrual period ; she then should was herself and pray. ¹

Al-'Ala b. al-Musayyab reported from al-Hakam on the authority of Abu Ja'far, saying: Saudah had a prolonged flow of blood. The Prophet (saws) commanded that when he menstruation was finished, she should take bath and pray.¹

Sa'id ...

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.

He sent his son to the Prophet (saws) and said to him: Go to the Prophet (saws) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.

He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?

He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.

He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.

He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.

Allah's Apostle was informed that I had taken an oath to fast daily and to pray (every night) all the night throughout my life (so Allah's Apostle came to me and asked whether it was correct): I replied, "Let my parents be sacrificed for you! I said so." The Prophet said, "You can not do that. So, fast for few days and give it up for few days, offer Salat (prayer) and sleep. Fast three days a month as the reward of good deeds is multiplied ten times and that will be equal to one year of fasting." The Prophet said to me, "Fast one day and give up fasting for two days." I replied, "I can do better than that." The Prophet said to me, "Fast one day and give up fasting for a day and that is the fasting of Prophet David and that is the best fasting." I said, "I have the power to fast better (more) than that." The Prophet said, "There is no better fasting than that."

Malik related to me from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies).

When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "'

Fatima bint Abi Hubaish asked the Prophet, "I got persistent bleeding (in between the periods) and do not become clean. Shall I give up prayers?" He replied, "No, this is from a blood vessel. Give up the prayers only for the days on which you usually get the menses and then take a bath and offer your prayers."

'Amr reported on the authority of Jabir that in the expedition of Khabat (leaves) a person slaughtered three camels, then three, then three, then Abu 'Ubaida forbade him (to do so fearing that the rides may become short).

Yahya related to me from Malik from Hisham ibn 'Urwa from his father that al-Miswar ibn Makhrama told him that Subaya al-Aslamiya gave birth a few nights after the death of her husband. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "You are free to marry, so marry whomever you wish."

Subai'a Al-Aslamiya gave birth to a child a few days after the death of her husband. She came to the Prophet and asked permission to remarry, and the Prophet gave her permission, and she got married.

Yahya related to me from Malik from Yahya ibn Said that a man used to lead the people in prayer in al-Aqiq (a place near Madina), and Umar ibn Abd al-Aziz sent a message to him forbidding him to do so.

Malik said, "He only forbade him because his father was not known."

Allah's Apostle was informed that I have said: "By Allah, I will fast all the days and pray all the nights as long as I live." On that, Allah's Apostle asked me. "Are you the one who says: 'I will fast all the days and pray all the nights as long as I live?' " I said, "Yes, I have said it." He said, "You cannot do that. So fast (sometimes) and do not fast (sometimes). Pray and sleep. Fast for three days a month, for the reward of a good deed is multiplied by ten time, and so the fasting of three days a month equals the fasting of a year." I said, "O Allah's Apostle! I can do (fast) more than this." He said, "Fast on every third day. I said: I can do (fast) more than that, He said: "Fast on alternate days and this was the fasting of David which is the most moderate sort of fasting." I said, "O Allah's Apostle! I can do (fast) more than that." He said, "There is nothing better than that."

A man asked the Prophet (saws) whether one who was fasting could embrace (his wife) and he gave him permission; but when another man came to him, and asked him, he forbade him. The one to whom he gave permission was an old man and the one whom he forbade was a youth.

Abu Hurairah said: (It will atone for his sins) for three days more. he further said: One is rewarded ten times for doing a good work.

Abu Dawud said: The version narrated by Muhammad b. Salamah is perfect, and Hammad did not make a mention of the statement of Abu Hurairah.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, forbade that the meat from sacrificial animals be eaten after three days. Then later he said, "Eat, give sadaqa, provide for yourselves and store up."

The Messenger of Allah (saws) made a brotherhood between two men, one of whom was killed (in Allah's path), and a week or thereabouts later the other died, and we prayed at his funeral). The Messenger of Allah (saws) asked: What did you say? We replied: We prayed for him and said: O Allah, forgive him, and join him to his companion. The Messenger of Allah (saws) said: What about his prayers since the time the other died, and his fasting since the time the other died--the narrator Shu'bah doubted the words, "his fasting--and his deeds since the time the other died. The distance between them is just like the distance between heaven and earth.