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

'Uwaimir came to `Asim bin `Adi who was the chief of Bani Ajlan and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e. the husband), or what should he do? Please ask Allah's Apostle about this matter on my behalf." `Asim then went to the Prophet and said, "O Allah's Apostle! (And asked him that question) but Allah's Apostle disliked the question," When 'Uwaimir asked `Asim (about the Prophet's answer) `Asim replied that Allah's Apostle disliked such questions and considered it shameful. "Uwaimir then said, "By Allah, I will not give up asking unless I ask Allah's Apostle about it." Uwaimir came (to the Prophet ) and said, "O Allah's Apostle! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Qisas) or what should he do?" Allah's Apostle said, "Allah has revealed regarding you and your wife's case in the Qur'an "So Allah's Apostle ordered them to perform the measures of Mula'ana according to what Allah had mentioned in His Book. So 'Uwaimir did Mula'ana with her and said, "O Allah's Apostle! If I kept her I would oppress her." So 'Uwaimir divorced her and so divorce became a tradition after them for those who happened to be involved in a case of Mula'ana. Allah's Apostle then said, "Look! If she (Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahra then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allah's Apostle had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.

One of the sons of Abu Talha became sick and died and Abu Talha at that time was not at home. When his wife saw that he was dead, she prepared him (washed and shrouded him) and placed him somewhere in the house. When Abu Talha came, he asked, "How is the boy?" She said, "The child is quiet and I hope he is in peace." Abu Talha thought that she had spoken the truth. Abu Talha passed the night and in the morning took a bath and when he intended to go out, she told him that his son had died, Abu Talha offered the (morning) prayer with the Prophet and informed the Prophet of what happened to them. Allah's Apostle said, "May Allah bless you concerning your night. (That is, may Allah bless you with good offspring)." Sufyan said, "One of the Ansar said, 'They (i.e. Abu Talha and his wife) had nine sons and all of them became reciters of the Qur'an (by heart).' "

We asked Ibn `Umar whether a man who had performed the Tawaf of the Ka`ba but had not performed the Tawaf between As-Safa and Al-Marwa yet, was permitted to have sexual relation with his wife. He replied, "The Prophet arrived (at Mecca) and circumambulated the Ka`ba seven times and then offered a two rak`at prayer behind Maqam-lbrahim and then performed the going (Tawaf) between As-Safa and Al-Marwa (seven times) (and verily, in Allah's Apostle you have a good example." And we asked Jabir bin `Abdullah (the same question) and he replied, "He should not go near her till he has finished the going (Tawaf) between As-Safa and Al-Marwa."

A man from the Jews, having been slapped on his face, came to the Prophet and said, "O Muhammad! A man from your companions from the Ansar has slapped me on my face!" The Prophet said, "Call him." When they called him, the Prophet said, "Why did you slap him?" He said, "O Allah's Apostle! While I was passing by the Jews, I heard him saying, 'By Him Who selected Moses above the human beings,' I said, 'Even above Muhammad?' I became furious and slapped him on the face." The Prophet said, "Do not give me superiority over the other prophets, for on the Day of Resurrection the people will become unconscious and I will be the first to regain consciousness. Then I will see Moses holding one of the legs of the Throne. I will not know whether he has come to his senses before me or that the shock he had received at the Mountain, (during his worldly life) was sufficient for him."

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)

I asked Allah's Apostle about a man who engages in sexual intercourse with his wife but does not discharge. He replied, "He should wash the parts which comes in contact with the private parts of the woman, perform ablution and then pray." (Abu `Abdullah said, "Taking a bath is safer and is the last order.")

Yahya related to me from Malik from Yazid ibn Abdullah Qusayt al- Laythi that he saw Said ibn al-Musayyab having a nose-bleed while praying. He went off to the room of Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and water was brought to him and he did wudu. He then returned and completed his prayer.

Anas b. Malik reported that Allah's Messenger (may peace be upon him) was neither very conspicuously tall nor short-statured, and his color was neither glaringly white nor brown; his hair was neither very curly nor very straight; Allah commissioned him (as a Prophet) when he had reached the age of forty years, and he stayed in Mecca for ten years and for ten years in Medina; Allah took him away when he had just reached the age of sixty, and there had not been twenty white hair in his head and beard.

Yahya related to me from Malik that Umara ibn Sayyad had heard Said ibn al Musayyab say about abiding good deeds that they were a slave's saying 'Allah is greater' (Allahu akbar) and 'Glory be to Allah' (Subahana'llah) and 'Praise be to Allah' (al-hamdu lillah) and 'There is no god but Allah and there is no power and no strength except by Allah.' (La ilaha illa'llah wa la hawla wa la quwwata illa bi'llah.)

Malik related to me from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man makes his slave-girl mudabbara, he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her."

`Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Al-Qama bin Waqqas and 'Ubaidullah bin `Abdullah related the narration of `Aisha, the wife the Prophet, when the slanderers had said about her what they had said and Allah later declared her innocence. Each of them related a part of the narration (wherein) the Prophet said (to `Aisha). "If you are innocent, then Allah will declare your innocence: but if you have committed a sin, then ask for Allah's Forgiveness and repent to him." `Aisha said, "By Allah, I find no example for my case except that of Joseph's father (when he said), 'So (for me) patience is most fitting.' " Then Allah revealed the ten Verses:-- "Verily those who spread the slander are a gang amongst you.." (24.11)

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."

I had been eager to ask `Umar bin Al-Khattab about the two ladies from among the wives of the Prophet regarding whom Allah said 'If you two (wives of the Prophet namely Aisha and Hafsa) turn in repentance to Allah, your hearts are indeed so inclined (to oppose what the Prophet likes). (66.4) till `Umar performed the Hajj and I too, performed the Hajj along with him. (On the way) `Umar went aside to answer the call of nature, and I also went aside along with him carrying a tumbler full of water, and when `Umar had finished answering the call of nature, I poured water over his hands and he performed the ablution. Then I said to him, "O chief of the Believers! Who were the two ladies from among the wives of the Prophet regarding whom Allah said: 'If you two (wives of the Prophet) turn in repentance to Allah your hearts are indeed so inclined (to oppose what the Prophet likes)?" (66.4) He said, "I am astonished at your question, O Ibn `Abbas. They were `Aisha and Hafsa." Then `Umar went on narrating the Hadith and said, "I and an Ansari neighbor of mine from Bani Umaiyya bin Zaid who used to live in `Awali-al-Medina, used to visit the Prophet in turn. He used to go one day and I another day. When I went, I would bring him the news of what had happened that day regarding the Divine Inspiration and other things, and when he went, he used to do the same for me. We, the people of Quraish used to have the upper hand over our wives, but when we came to the Ansar, we found that their women had the upper hand over their men, so our women also started learning the ways of the Ansari women. I shouted at my wife and she retorted against me and I disliked that she should answer me back. She said to me, 'Why are you so surprised at my answering you back? By Allah, the wives of the Prophet answer him back and some of them may leave (does not speak to) him throughout the day till the night.' The (talk) scared me and I said to her, 'Whoever has done so will be ruined!' Then I proceeded after dressing myself, and entered upon Hafsa and said to her, 'Does anyone of you keep the Prophet angry till night?' She said, 'Yes.' I said, 'You are a ruined losing person! Don't you fear that Allah may get angry for the anger of Allah's Apostle and thus you will be ruined? So do not ask more from the Prophet and do not answer him back and do not give up talking to him. Ask me whatever you need and do not be tempted to imitate your neighbor (i.e., `Aisha) in her manners for she is more charming than you and more beloved to the Prophet ." `Umar added,"At that time a talk was circulating among us that (the tribe of) Ghassan were preparing their horses to invade us. My Ansari companion, on the day of his turn, went (to the town) and returned to us at night and knocked at my door violently and asked if I was there. I became horrified and came out to him. He said, 'Today a great thing has happened.' I asked, 'What is it? Have (the people of) Ghassan come?' He said, 'No, but (What has happened) is greater and more horrifying than that: Allah's Apostle; has divorced his wives. `Umar added, "The Prophet kept away from his wives and I said "Hafsa is a ruined loser.' I had already thought that most probably this (divorce) would happen in the near future. So I dressed myself and offered the morning prayer with the Prophet and then the Prophet; entered an upper room and stayed there in seclusion. I entered upon Hafsa and saw her weeping. I asked, 'What makes you weep? Did I not warn you about that? Did the Prophet divorce you all?' She said, 'I do not know. There he is retired alone in the upper room.' I came out and sat near the pulpit and saw a group of people sitting around it and some of them were weeping. I sat with them for a while but could not endure the situation, so I went to the upper room where the Prophet; was and said to a black slave of his, 'Will you get the permission (of the Prophet ) for `Umar (to enter)?' The slave went in, talked to the Prophet about it and then returned saying, 'I have spoken to the Prophet and mentioned you but he kept quiet.' Then I returned and sat with the group of people sitting near the pulpit. but I could not bear the situation and once again I said to the slave, 'Will you get the permission for `Umar?' He went in and returned saying, 'I mentioned you to him but he kept quiet.' So I returned again and sat with the group of people sitting near the pulpit, but I could not bear the situation, and so I went to the slave and said, 'Will you get the permission for `Umar?' He went in and returned to me saying, 'I mentioned you to him but he kept quiet.' When I was leaving, behold! The slave called me, saying, 'The Prophet has given you permission.' Then I entered upon Allah's Apostle and saw him Lying on a bed made of stalks of date palm leaves and there was no bedding between it and him. The stalks left marks on his side and he was leaning on a leather pillow stuffed with date-palm fires. I greeted him and while still standing I said, 'O Allah's Apostle! Have you divorced your wives?' He looked at me and said, 'No.' I said, 'Allah Akbar!' And then, while still standing, I said chatting, 'Will you heed what I say, O Allah's Apostle? We, the people of Quraish used to have power over our women, but when we arrived at Medina we found that the men (here) were overpowered by their women.' The Prophet smiled and then I said to him, 'Will you heed what I say, O Allah's Apostle? I entered upon Hafsa and said to her, "Do not be tempted to imitate your companion (`Aisha), for she is more charming than you and more beloved to the Prophet.' " The Prophet smiled for a second time. When I saw him smiling, I sat down. Then I looked around his house, and by Allah, I could not see anything of importance in his house except three hides, so I said, 'O Allah's Apostle! Invoke Allah to make your followers rich, for the Persians and the Romans have been made prosperous and they have been given (the pleasures of the world), although they do not worship Allah.' Thereupon the Prophet sat up as he was reclining. and said, 'Are you of such an opinion, O the son of Al-Khattab? These are the people who have received the rewards for their good deeds in this world.' I said, 'O Allah's Apostle! Ask Allah to forgive me.' Then the Prophet kept away from his wives for twenty-nine days because of the story which Hafsa had disclosed to `Aisha. The Prophet had said, 'I will not enter upon them (my wives) for one month,' because of his anger towards them, when Allah had admonished him. So, when twenty nine days had passed, the Prophet first entered upon `Aisha. `Aisha said to him, 'O Allah's Apostle! You had sworn that you would not enter upon us for one month, but now only twenty-nine days have passed, for I have been counting them one by one.' The Prophet said, 'The (present) month is of twenty nine days.' `Aisha added, 'Then Allah revealed the Verses of the option. (2) And out of all his-wives he asked me first, and I chose him.' Then he gave option to his other wives and they said what `Aisha had said . " (1) The Prophet, ' had decided to abstain from eating a certain kind of food because of a certain event, so Allah blamed him for doing so. Some of his wives were the cause of him taking that decision, therefore he deserted them for one month. See Qur'an: (66.4)

'A'isha reported that when any of the members of the household fell ill Allah's Messenger (may peace be upon him) used to blow over him by reciting Mu'awwidhatan, and when he suffered from illness of which he died I used to blow over him and rubbed his body with his hand for his hand had greater healing power than my hand.

'Uwaimir Al-`Ajlani came to `Asim bin `Adi and said, "If a man found another man with his wife and killed him, would you sentence the husband to death (in Qisas,) i.e., equality in punishment)? O `Asim! Please ask Allah's Apostle about this matter on my behalf." `Asim asked the Prophet but the Prophet disliked the question and disapproved of it. `Asim returned and informed 'Uwaimir that the Prophet disliked that type of question. 'Uwaimir said, "By Allah, I will go (personally) to the Prophet." 'Uwaimir came to the Prophet when Allah had already revealed Qur'anic Verses (in that respect), after `Asim had left (the Prophet ). So the Prophet said to 'Uwaimir, "Allah has revealed Qur'anic Verses regarding you and your wife." The Prophet then called for them, and they came and carried out the order of Lian. Then 'Uwaimir said, "O Allah's Apostle! Now if I kept her with me, I would be accused of telling a lie." So 'Uwaimir divorced her although the Prophet did not order him to do so. Later on this practice of divorcing became the tradition of couples involved in a case of Li'an. The Prophet said (to the people). "Wait for her! If she delivers a red short (small) child like a Wahra (a short red animal). then I will be of the opinion that he ('Uwaimir) has told a lie but if she delivered a black big-eyed one with big buttocks, then I will be of the opinion that he has told the truth about her." 'Ultimately she gave birth to a child that proved the accusation. (See Hadith No. 269, Vol. 6)

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."

I heard Hisham bin Hakim reciting Surat-al-Furqan during the lifetime of Allah's Apostle, I listened to his recitation and noticed that he was reciting in a way that Allah's Apostle had not taught me. I was about to jump over him while He was still in prayer, but I waited patiently and when he finished his prayer, I put my sheet round his neck (and pulled him) and said, "Who has taught you this Sura which I have heard you reciting?" Hisham said, "Allah's Apostle taught it to me." I said, "You are telling a lie, for he taught it to me in a way different from the way you have recited it!" Then I started leading (dragged) him to Allah's Apostle and said (to the Prophet), " I have heard this man reciting Surat-al- Furqan in a way that you have not taught me." The Prophet said: "(O `Umar) release him! Recite, O Hisham." Hisham recited in the way I heard him reciting. Allah's Apostle said, "It was revealed like this." Then Allah's Apostle said, "Recite, O `Umar!" I recited in the way he had taught me, whereupon he said, "It was revealed like this," and added, "The Qur'an has been revealed to be recited in seven different ways, so recite of it whichever is easy for you ." (See Hadith No. 514, Vol. 6)