the mother of the faithful believers: The Prophet was asked by his wives about the Jihad and he replied, "The best Jihad (for you) is (the performance of) Hajj."

Yahya related to me from Malik that he had heard that Ali ibn Abi Talib used to say that if a man said to his wife, "You are haram for me," it counted as three pronouncements of divorce.

Malik said, "That is the best of what I have heard on the subject."

Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

Malik added, "That is the best of what I have heard."

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

Malik said, "That is what I like best of what I have heard on the subject."

29.2 Divorce by Euphemistic Statements

Malik related to me that Yahya ibn Said said, ''Abd ar-Rahman ibn Abi Bakr died in his sleep, and A'isha, the wife of the Prophet, may Allah bless him and grant him peace, set free many slaves for him." Malik said, "This is what I like best of what I have heard on the subject."

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

Malik said, "This is the best of what I have heard about the matter."

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

Ibn `Abbas asked me, "Are you married?" I replied, "No." He said, "Marry, for the best person of this (Muslim) nation (i.e., Muhammad) of all other Muslims, had the largest number of wives."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man of Thaqif gave his wife command over herself, and she said, "You are divorced." He was silent. She said, "You are divorced." He said, "May a stone be in your mouth." She said, "You are divorced." He said, "May a stone be in your mouth." They argued and went to Marwan ibn al-Hakam. He took an oath that he had only given her control over one pronouncement, and then she returned to him.

Malik said that Abd ar-Rahman declared that this decision had amazed al-Qasim, who thought it the best that he had heard on the subject.

Malik added, "That is also the best of what I have heard on the subject."

Yahya related to me from Malik from Yahya ibn Said from a man of the Ansar that his wife asked him for a divorce, and he said to her, "When you have had your period, then tell me." When she had her period, she told him. He said, "When you are purified then tell me." When she was purified, she told him and he divorced her.

Malik said, "This is the best of what I have heard about it."

Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.

Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.

Malik said, "That is the best of what I have heard."

Yahya related to me from Malik from Yahya ibn Said that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "I saw three moons fall into my room, and I related my vision to Abu Bakr as-Siddiq. Then, when the Messenger of Allah died, may Allah bless him and grant him peace, and was buried in my house, Abu Bakr said to me, 'This is one of your moons, and he is the best of them.' "

The Prophet (saws) commanded to give sadaqah. A man said: Messenger of Allah, I have a dinar. He said: Spend it on yourself. He again said: I have another. He said: Spend it on your children. He again said: I have another. He said: Spend it on your wife. He again said: I have another. He said: Spend it on your servant. He finally said: I have another. He replied: You know best (what to do with it).

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a certain man kissed his wife while he was fasting in Ramadan. This made him very anxious, and so he sent his wife to the Prophet, may Allah bless him and grant him peace, to ask him about that for him. She went in and saw Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and mentioned the matter to her, and Umm Salama told her that the Messenger of Allah, may Allah bless him and grant him peace, used to kiss while he was fasting. So she went back and told her husband that, but it only made him find fault all the more and he said, "We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for the Messenger of Allah, may Allah bless him and grant him peace, whatever He wishes."

His wife then went back to Umm Salama and found the Messenger of Allah, may Allah bless him and grant him peace, with her. The Messenger of Allah, may Allah bless him and grant him peace, said, "What's the matter with this woman?", and Umm Salama told him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Didn't you tell her that I do that myself?" and she said, "I told her, and she went to her husband and told him, but it only made him find fault all the more and say, 'We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for His Messenger, may Allah bless him and grant him peace, whatever He wishes.' " The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I am the one with the most taqwa of Allah of you all, and of you all the one who best knows His limits."

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

"The Prophet said, 'The best alms is that which is given when one is rich, and a giving hand is better than a taking one, and you should start first to support your dependents.' A wife says, 'You should either provide me with food or divorce me.' A slave says, 'Give me food and enjoy my service." A son says, "Give me food; to whom do you leave me?" The people said, "O Abu Huraira! Did you hear that from Allah's Apostle ?" He said, "No, it is from my own self."

The Prophet expired in my house and on the day of my turn, leaning against my chest. One of us (i.e. the Prophet's wives ) used to recite a prayer asking Allah to protect him from all evils when he became sick. So I started asking Allah to protect him from all evils (by reciting a prayer ). He raised his head towards the sky and said, "With the highest companions, with the highest companions." `Abdur- Rahman bin Abu Bakr passed carrying a fresh leaf-stalk of a date-palm and the Prophet looked at it and I thought that the Prophet was in need of it (for cleaning his teeth ). So I took it (from `Abdur Rahman) and chewed its head and shook it and gave it to the Prophet who cleaned his teeth with it, in the best way he had ever cleaned his teeth, and then he gave it to me, and suddenly his hand dropped down or it fell from his hand (i.e. he expired). So Allah made my saliva mix with his saliva on his last day on earth and his first day in the Hereafter.

I heard Jabir bin `Abdullah in a gathering saying, "We, the companions of Allah's Apostle assumed the state of Ihram to perform only Hajj without `Umra." Jabir added, "The Prophet arrived (at Mecca) on the fourth of Dhul-Hijja. And when we arrived (in Mecca) the Prophet ordered us to finish the state of Ihram, saying, "Finish your lhram and go to your wives (for sexual relation)." Jabir added, "The Prophet did not oblige us (to go to our wives) but he only made that legal for us. Then he heard that we were saying, "When there remains only five days between us and the Day of `Arafat he orders us to finish our Ihram by sleeping with our wives in which case we will proceed to `Arafat with our male organs dribbling with semen?' (Jabir pointed out with his hand illustrating what he was saying). Allah's Apostle stood up and said, 'You (People) know that I am the most Allah-fearing, the most truthful and the best doer of good deeds (pious) from among you. If I had not brought the Hadi with me, I would have finished my Ihram as you will do, so finish your Ihram. If I had formerly known what I came to know lately, I would not have brought the Hadi with me.' So we finished our Ihram and listened to the Prophet and obeyed him." (See Hadith No. 713, Vol. 2)

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Sheep from the zakat were brought past Umar ibn al-Khattab and he saw amongst them a sheep with a large udder, ready to give milk, and he said, 'What is this sheep doing here?' and they replied, 'It is one of the sheep from the zakat.' Umar said, 'The owners did not give this sheep willingly. Do not subject people to trials. Do not take from the muslims those of their animals which are the best food-producers.' "

The Prophet vowed to keep aloof from his wives for a period of one month, and after the completion of 29 days he went either in the morning or in the afternoon to his wives. Someone said to him "You vowed that you would not go to your wives for one month." He replied, "The month is of 29 days."

The Prophet used to kiss and embrace (his wives) while he was fasting, and he had more power to control his desires than any of you. Said Jabir, "The person who gets discharge after casting a look (on his wife) should complete his fast."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that his father Abdullah ibn Umar used to say, "A man's kissing his wife and fondling her with his hands are part of intercourse. Someone who kisses his wife or fondles her with his hand must do wudu."

`Uqba bin Al-Harith said that a black woman came and claimed that she had suckled both of them (i.e. `Uqba and his wife). So, he mentioned that to the Prophet who turned his face from him and smiled and said, "How (can you keep your wife), and it was said (that both of you were suckled by the same woman)?" His wife was the daughter of Abu Ihab-al-Tamimi.

Allah's Apostle took an oath that he would not go to his wives for one month as his foot had been sprained. He stayed in an upper room when `Umar went to him and said, "Have you divorced your wives?" He said, "No, but I have taken an oath that I would not go to them for one month." The Prophet stayed there for twenty-nine days, and then came down and went to his wives.

That he heard Allah's Apostle saying, "If a judge gives a verdict according to the best of his knowledge and his verdict is correct (i.e. agrees with Allah and His Apostle's verdict) he will receive a double reward, and if he gives a verdict according to the best of his knowledge and his verdict is wrong, (i.e. against that of Allah and His Apostle) even then he will get a reward ."

A man and his wife had a case of Lian (or Mula'ana) during the lifetime of the Prophet and the man denied the paternity of her child. The Prophet gave his verdict for their separation (divorce) and then the child was regarded as belonging to the wife only.

The Prophet used to visit all his wives in one night and he had nine wives at that time.

Whenever Allah's Apostle intended to go on a journey, he used to draw lots among his wives and would take with him the one on whom the lot fell. He also used to fix for everyone of his wives a day and a night, but Sauda bint Zam`a gave her day and night to `Aisha, the wife of the Prophet intending thereby to please Allah's Apostle.

The Prophet used to go round (have sexual relations with) all his wives in one night, and he had nine wives.

Khawlah was the wife of Aws ibn as-Samit; he was a man immensely given to sexual intercourse. When his desire for intercourse was intensified, he made his wife like his mother's back. So Allah, the Exalted, sent down Qur'anic verses relating to expiation for zihar.

(the brother of Bani Sa`ida) A man from the Ansar came to the Prophet and said, "If a man finds another man sleeping with his wife, should he kill him?" That man and his wife then did Lian in the mosque while I was present.

Ikrimah reported on the authority of one of the wives of the Prophet (saws) saying: When the Prophet (saws) wanted to do something (i.e. kissing, embracing) with (his) menstruating wife, he would put a garment on her private part.

She was picking lice from the head of the Messenger of Allah (saws) while the wife of Uthman ibn Affan and the immigrant women were with him. They complained about their houses that they had been narrowed down to them and they were evicted from them. The Messenger of Allah (saws) ordered that the houses of the Immigrants should be given to their wives. Thereafter Abdullah ibn Mas'ud died, and his wife inherited his house in Medina.

The Prophet used to pass by (have sexual relation with) all his wives in one night, and at that time he had nine wives.

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

Regarding the Verse: "And among men is he who worships Allah's as it were on the very edge." (22.11). A man used to come to Medina as if his wife brought a son and his mares produces offspring. He would say, "This religion (Islam) is good," but if his wife did not give birth to a child and his mares produced no offspring, he would say, "This religion is bad."

(the wife of the Prophet) When the sickness of Allah's Apostle got aggravated, he asked the permission of his wives that he should be treated in my house, and they permitted him.

`Umar said, "I agreed with Allah in three things," or said, "My Lord agreed with me in three things. I said, 'O Allah's Apostle! Would that you took the station of Abraham as a place of prayer.' I also said, 'O Allah's Apostle! Good and bad persons visit you! Would that you ordered the Mothers of the believers to cover themselves with veils.' So the Divine Verses of Al-Hijab (i.e. veiling of the women) were revealed. I came to know that the Prophet had blamed some of his wives so I entered upon them and said, 'You should either stop (troubling the Prophet ) or else Allah will give His Apostle better wives than you.' When I came to one of his wives, she said to me, 'O `Umar! Does Allah's Apostle haven't what he could advise his wives with, that you try to advise them?' " Thereupon Allah revealed:-- "It may be, if he divorced you (all) his Lord will give him instead of you, wives better than you Muslims (who submit to Allah).." (66.5)

Yahya related to me from Malik that he had heard that Abdullah ibn Umar and Abu Hurayra were asked about a man who gave his wife power over herself, and she returned it to him without doing anything with it. They said that there was no divorce. (i.e. The man's giving his wife power over herself was not interpreted as a desire for divorce on his part.)

While the Prophet was with one of his wives, one of the mothers of the believers (i.e. one of his wives) sent a wooden bowl containing food with a servant. The wife (in whose house he was sitting) stroke the bowl with her hand and broke it. The Prophet collected the shattered pieces and put the food back in it and said, "Eat." He kept the servant and the bowl till he had eaten the food. Then the Prophet gave another unbroken. bowl to the servant and kept the broken one.

Yahya related to me from Malik that he had heard that Uthman ibn Affan would sometimes never get down from the animal he was riding on when he was doing umra, until he had returned .

Malik said, ''Umra is a sunna, and we do not know of any muslim who has ever said that it is permissible not to do it."

Malik said, "I do not think that anyone can do more than one umra in any one year."

Malik said that someone doing umra who had sexual intercourse with his wife had to sacrifice an animal and do a second umra, which he had to begin when he had finished the one that he had spoiled. He should go into ihram at the same place where he went into ihram for the umra which he had spoiled, except if he had entered into ihram at a place further away than his miqat. This was because he only had to go into ihram from his miqat.

Malik said, "Someone who entered Makka to do umra, and does tawaf of the House and say between Safa and Marwa while he is junub, or not in wudu, and afterwards has intercourse with his wife, and then remembers, should do ghusl, or wudu, and then go back and do tawaf around the House and say between Safa and Marwa and do another umra and sacrifice an animal. A woman should do the same if her husband has intercourse with her while she is in ihram. "

Malik said, "As for beginning umra at at-Tanim, (it is not the only alternative). It is permissible if Allah wills for some one to leave the Haram and go into ihram if he wishes, but the best way is for him to go into ihram at the miqat which the Messenger of Allah, may Allah bless him and grant him peace, used (i.e. at-Tanim), or one which is further away."

Hunaydah ibn Khalid narrated from his wife on the authority of one of the wives of the Prophet (saws) who said: The Messenger of Allah (saws) used to fast the first nine days of Dhul-Hijjah, Ashura' and three days of every month, that is, the first Monday (of the month) and Thursday.

(the wife of the Prophet) The Prophet used to practice I`tikaf in the last ten days of Ramadan till he died and then his wives used to practice I`tikaf after him.

A man said, "O Allah's Apostle! If a man finds another man with his wife, (committing adultery) should the husband kill him?" Later on I saw them (the man and his wife) doing Li`an in the mosque (taking oaths, one accusing, and the other denying adultery).

Yahya related to me from Malik from Ibn Shihab that Said al-Musayyab and Abu Bakr ibn Abd ar-Rahman said about a man who made a vow to abstain from intercourse with his wife, "If four months pass it is a divorce. The husband can go back to his wife as long as she is in her idda."