The Prophet was asked about the offspring of pagans (Mushrikeen); so he said, "Allah knows what sort of deeds they would have done."

Allah's Apostle (p.b.u.h) was asked about the children of (Mushrikeen) pagans. The Prophet replied, "Since Allah created them, He knows what sort of deeds they would have done."

Should I tell you what I heard the Messenger of Allah (saws) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course; and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.

Allah's Apostle separated (divorced) the wife from her husband who accused her for an illegal sexual intercourse, and made them take the oath of Lian .

The Messenger of Allah (saws) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (saws) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey.

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

I witnessed the case of Lian (the case of a man who charged his wife for committing illegal sexual intercourse when I was fifteen years old. The Prophet ordered that they be divorced, and the husband said, "If I kept her, I would be a liar." I remember that Az-Zubair also said, "(It was said) that if that woman brought forth the child with such-and-such description, her husband would prove truthful, but if she brought it with such-and-such description looking like a Wahra (a red insect), he would prove untruthful." I heard Az-Zubair also saying, "Finally she gave birth to a child of description which her husband disliked .

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "A woman who bleeds as if menstruating only has to do one ghusl, and then after that she does wudu for each prayer."

Yahya said that Malik said, "The position with us is that when a woman who bleeds as if menstruating starts to do the prayer again, her husband can have sexual intercourse with her. Similarly, if a woman who has given birth sees blood after she has reached the fullest extent that bleeding normally restrains women, her husband can have sexual intercourse with her and she is in the same position as a woman who bleeds as if menstruating."

Yahya said that Malik said, "The position with us concerning a woman who bleeds as if menstruating is founded on the hadith of Hisham ibn Urwa from his father, and it is what I prefer the most of what I have heard about the matter."

The Messenger of Allah (saws) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.

Yahya related to me from Malik that he had heard that Salim ibn Abdullah and Sulayman ibn Yasar were asked whether the husband of a menstruating woman could have sexual intercourse with her when she saw that she was pure but before she had had a ghusl. They said, "No, not until she has had a ghusl."

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."

I said to Ibn `Umar, "If a man accuses his wife of illegal sexual intercourse (what is the judgment)?" He said, "Allah's Prophet separated the couple of Bani 'Ajlan (when the husband accused his wife for an illegal sexual intercourse). The Prophet said, 'Allah knows that one of you two IS a liar; so will one of you repent?' But they refused. He then again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But they refused, whereupon he separated them by divorce." Aiyub (a subnarrator) said: `Amr bin Dinar said to me, "In the narration there is something which I do not see you mentioning, i.e. the husband said, "What about my money (Mahr)?' The Prophet said, "You are not entitled to take back money, for if you told the truth you have already entered upon her (and consummated your marriage with her) and if you are a liar then you are less entitled to take it back.

The Prophet sent (an army unit under the command of) Khalid bin Al-Walid to fight against the tribe of Bani Jadhima and those people could not express themselves by saying, "Aslamna," but they said, "Saba'na! Saba'na! " Khalid kept on killing some of them and taking some others as captives, and he gave a captive to everyone of us and ordered everyone of us to kill his captive. I said, "By Allah, I shall not kill my captive and none of my companions shall kill his captive!" Then we mentioned that to the Prophet and he said, "O Allah! I am free from what Khalid bin Al-Walid has done," and repeated it twice.

Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

The Prophet sent Khalid bin Al-Walid to the tribe of Jadhima and Khalid invited them to Islam but they could not express themselves by saying, "Aslamna (i.e. we have embraced Islam)," but they started saying "Saba'na! Saba'na (i.e. we have come out of one religion to another)." Khalid kept on killing (some of) them and taking (some of) them as captives and gave every one of us his Captive. When there came the day then Khalid ordered that each man (i.e. Muslim soldier) should kill his captive, I said, "By Allah, I will not kill my captive, and none of my companions will kill his captive." When we reached the Prophet, we mentioned to him the whole story. On that, the Prophet raised both his hands and said twice, "O Allah! I am free from what Khalid has done."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. Hafsa called her and said, "I will tell you something., but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you, you have no authority at all." Therefore she pronounced her divorce from him three times.

When the delegate of Hawazin came to Allah's Apostle declaring their conversion to Islam and asked him to return their properties and captives, Allah's Apostle got up and said to them, "There Is involved in this matter, the people whom you see with me, and the most beloved talk to me, is the true one. So choose one of two alternatives: Either the captives or the properties. I have been waiting for you (i.e. have not distributed the booty)." Allah's Apostle had delayed the distribution of their booty over ten nights after his return from Ta'if. So when they came to know that Allah's Apostle was not going to return to them but one of the two, they said, "We prefer to have our captives." So Allah's Apostle got up amongst the Muslims, and praising Allah as He deserved, said, "To proceed! Your brothers have come to you with repentance and I see (it logical) to return their captives. So, whoever of you likes to do that as a favor then he can do it. And whoever of you likes to stick to his share till we give him from the very first booty which Allah will give us, then he can do so." The people said, "We do that (i.e. return the captives) willingly as a favor, 'O Allah's Apostle!" Allah's Apostle said, "We do not know which of you have agreed to it and which have not; so go back and let your chiefs forward us your decision." They went back and their chief's spoke to them, and they (i.e. the chiefs) returned to Allah's Apostle and informed him that all of them had agreed (to give up their captives) with pleasure, and had given their permission (i.e. that the captives be returned to their people). (The sub-narrator said, "That is what has reached me about the captives of Hawazin tribe.")

Lian was mentioned in the presence of the Prophet, `Asim bin Adi said a statement about it, and when he left, a man from his tribe came to him complaining that he had seen a man with his wife. `Asim said, "I have been put to trial only because of my statement." So he took the man to the Prophet and the man told him about the incident. The man (husband) was of yellow complexion, thin, and of lank hair, while the man whom he had accused of having been with his wife, was reddish brown with fat thick legs and fat body. The Prophet said, "O Allah! Reveal the truth." Later on the lady delivered a child resembling the man whom the husband had accused of having been with her. So the Prophet made them take the oath of Lian. A man said to Ibn `Abbas in the gathering, "Was that the same lady about whom the Prophet said, "If I were to stone any lady (for committing illegal sexual intercourse) to death without witnesses, I would have stoned that lade to death?" Ibn `Abbas said, "No, that was another lady who used to behave in such a suspicious way among the Muslims that one might accuse her of committing illegal sexual intercourse."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods.

Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda.

Malik said, "That is the best that I have heard on the matter."

Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation."

When the delegates of the tribe of Hawazin came to the Prophet they requested him to return their property and their captives. He said to them, "This concerns also other people along with me as you see, and the best statement to me is the true one, so you may choose one of two alternatives; either the captives or the property and (I have not distributed the booty for) I have been waiting for you." When the Prophet had returned from Ta'if, he waited for them for more than ten nights. When they came to know that the Prophet would not return except one of the two, they chose their captives. The Prophet then stood up amongst the Muslims, Glorified and Praised Allah as He deserved, and then said, "Then after: These brothers of yours have come to you with repentance and I see it proper to return their captives, so whoever amongst you likes to do that as a favor, then he can do it, and whoever of you wants to stick to his share till we pay him from the very first Fai (i.e. war booty) which Allah will give us, then he can do so." The people said, "We return (the captives) to them willingly as a favor, O Allah's Apostle!" The Prophet said, "I do not know who of you has given his consent and who has not; so go back and your leaders may present your decision to me." The people went away, and their leaders discussed the matter with them, and then came to the Prophet to tell him that all of them had given their consent (to return the captives) willingly. (Az-Zuhn, the sub-narrator said, "This is what we know about the captives, of Hawazin.")

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.

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."

The Prophet said, "Set free the captives and accept invitations."

Amongst the captives was Safiya. First she was given to Dihya Al-Kalbi and then to the Prophet.

The Prophet said, "Free the captives, feed the hungry and pay a visit to the sick."

When the delegates of the tribe of Hawazin came to the Prophet and they requested him to return their properties and captives. The Prophet stood up and said to them, "I have other people with me in this matter (as you see) and the most beloved statement to me is the true one; you may choose either the properties or the prisoners as I have delayed their distribution." The Prophet had waited for them for more than ten days since his arrival from Ta'if. So, when it became evident to them that the Prophet was not going to return them except one of the two, they said, "We choose our prisoners." The Prophet got up amongst the people and glorified and praised Allah as He deserved and said, "Then after, these brethren of yours have come to us with repentance, and I see it logical to return them the captives. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you likes to stick to his share till we recompense him from the very first war booty which Allah will give us, then he can do so (i.e. give up the present captives)." The people unanimously said, "We do that (return the captives) willingly." The Prophet said, "We do not know which of you has agreed to it and which have not, so go back and let your leaders forward us your decision." So, all the people then went back and discussed the matter with their leaders who returned and informed the Prophet that all the people had willingly given their consent to return the captives. This is what has reached us about the captives of Hawazin. Narrated Anas that `Abbas said to the Prophet, "I paid for my ransom and `Aqil's ransom."

The Prophet said, "Set the captives free, accept the invitation (to a wedding banquet), and visit the patients."

The Prophet said, "Feed the hungry, visit the sick, and set free the captives."

(who was among the captives of the Battle of Badr) I heard the Prophet reciting 'Surat-at-Tur' in the Maghrib prayer.

`Umar bin Al-Khattab said, "O Allah's Apostle! I vowed to observe I`tikaf for one day during the Prelslamic period." The Prophet ordered him to fulfill his vow. `Umar gained two lady captives from the war prisoners of Hunain and he left them in some of the houses at Mecca. When Allah's Apostle freed the captives of Hunain without ransom, they came out walking in the streets. `Umar said (to his son), "O `Abdullah! See what is the matter." `Abdullah replied, "Allah's Apostle has freed the captives without ransom." He said (to him), "Go and set free those two slave girls." (Nafi` added:) Allah's Apostle did not perform the `Umra from Al-Jarana, and if he had performed the `Umra, it would not have been hidden from `Abdullah.

Yahya related to me from Malik from Yahya ibn Said from Bukayr ibn Abdullah al-Ashajj from an-Numan ibn Abi Ayyash al Ansari from Ata ibn Yasar that a man came and asked Abdullah ibn Amr ibn al-As about a man who divorced his wife three times before he had had intercourse with her Ata said, "The divorce of the virgin is one. Abdullah ibn Amr ibn al-As said to me, 'You say one pronouncement separates her and three makes her haram until she has married another husband.' "

The Prophet offered the Fajr Prayer near Khaibar when it was still dark and then said, "Allahu-Akbar! Khaibar is destroyed, for whenever we approach a (hostile) nation (to fight), then evil will be the morning for those who have been warned." Then the inhabitants of Khaibar came out running on the roads. The Prophet had their warriors killed, their offspring and woman taken as captives. Safiya was amongst the captives, She first came in the share of Dahya Alkali but later on she belonged to the Prophet . The Prophet made her manumission as her 'Mahr'.

Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah's Apostle said, "I do not know who amongst you has agreed (to it) and who has not. Go back so that your 'Urafa' may submit your decision to us." So the people returned and their 'Urafa' talked to them and then came back to Allah's Apostle and told him that the people had given their consent happily and permitted (their captives to be freed).

That 'Abdullah said: "On the Day of Badr when the captives were gathered, the Messenger of Allah (saws) said: 'What do you (people) say about these captives?'" Then he mentioned the story in the lengthy Hadith.

[Abu 'Eisa said:] There are narrations of this topic from 'Umar, Abu Ayyub, Anas, and Abu Hurairah

This Hadith is Hasan, and Abu 'Ubaidah did not hear from his father. It has been reported that Abu Hurairah said: "None was more apt to seek council of his Companions than the Messenger of Allah (saws)

[Al-Bukhari].

Umm Al Hakam or Duba’ah daughters of Al Zibair bin ‘Abd Al Muttalib said “Some captives of war were brought to the Apostle of Allaah(saws). I and my sister Fatimah, daughter of Apostle of Allaah(saws) went (to the Prophet) and complained to him about our existing condition. We asked him to order (to give) us some captives. The Apostle of Allaah(saws) said “the orphans of the people who were killed in the battle of Badr came before you (and they asked for the captives). But I tell you something better than that. You should utter “Allaah is Most Great” after each prayer thirty three times, “Glory be to Allaah” thirty three times, “Praise be to Allaah” thirty three times and “there is no god but Allaah alone, He has no associate, the Kingdom belongs to Him and praise is due to Him and He has power over all things.”

The narrator ‘Ayyash said “They were daughters of Uncle of the Prophet (saws).”