| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3285 |
| In-book reference | : Book 26, Hadith 90 |
| English translation | : Vol. 4, Book 26, Hadith 3287 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden, because the share-cropper does not know what the exact wage is going to be for his labour, whether it will be little or great."
Malik said, "No-one who lends a qirad or grants a share-cropping contract, should exempt some of the wealth, or some of the trees from his agent, because, by that, the agent becomes his hired man. He says, 'I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you.' That must not be done and it is not good. This is what is done in our community."
Malik said, "The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls, cleaning the spring, sweeping the irrigation canals, pollinating the palms, pruning branches, harvesting the fruit and such things, provided that the share-cropper has a share of the fruit fixed by mutual agreement. However, the owner cannot stipulate the beginning of new work which the agent will start digging a well, raising the source of a well, instigating new planting, or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man, 'Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine,' before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah, may Allah bless him and grant him peace, forbade fruit to be sold before its good condition became clear."
Malik said, "If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him, specifying the job, for half the fruit of his garden, for example, there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it.
"As for share-cropping, if the garden has no fruit or little or bad fruit, he has only that. The labourer is only hired for a set amount, and hire is only permitted on these terms. Hire is a type of sale. One man buys another man's work from him. It is not good if uncertainty enters into it because the Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain transactions."
Malik said, "The sunna in share- cropping with us is that it can be practised with any kind of fruit tree, palm, vine, olive tree, pomegranate, peach, and soon. It is permitted, and there is no harm in it provided that the owner of the property has a share of the fruit:
Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.
"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."
Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "
Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."
Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."
Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."
Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."
Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."
Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."
Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."
Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."
"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband has damages against her guardian."
Malik said, "The husband has damages against her guardian when the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."
| USC-MSA web (English) reference | : Book 28, Hadith 9 |
| Arabic reference | : Book 28, Hadith 1102 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3380 |
| In-book reference | : Book 26, Hadith 185 |
| English translation | : Vol. 4, Book 26, Hadith 3382 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 731 |
| In-book reference | : Book 4, Hadith 160 |
| Sunnah.com reference | : Book 10, Hadith 3 |
| English translation | : Book 10, Hadith 1246 |
| Arabic reference | : Book 10, Hadith 1207 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2528 |
| In-book reference | : Book 15, Hadith 46 |
| English translation | : Vol. 3, Book 15, Hadith 2435 |
Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.
| USC-MSA web (English) reference | : Book 38, Hadith 23 |
| Arabic reference | : Book 38, Hadith 1489 |
Narrated Sahl bin Sa`d:
A man came to Allah's Apostle and said, "O Allah's Apostle! Suppose a man saw another man with his wife, should he kill him whereupon you might kill him (i.e. the killer) (in Qisas) or what should he do?" So Allah revealed concerning their case what is mentioned of the order of Mula'ana. Allah's Apostle said to the man, "The matter between you and your wife has been decided." So they did Mula'ana in the presence of Allah's Apostle and I was present there, and then the man divorced his wife. So it became a tradition to dissolve the marriage of those spouses who were involved in a case of Mula'ana. The woman was pregnant and the husband denied that he was the cause of her pregnancy, so the son was (later) ascribed to her. Then it became a tradition that such a son would be the heir of his mother, and she would inherit of him what Allah prescribed for her.
| Reference | : Sahih al-Bukhari 4746 |
| In-book reference | : Book 65, Hadith 268 |
| USC-MSA web (English) reference | : Vol. 6, Book 60, Hadith 270 |
| (deprecated numbering scheme) |
[Muslim].
| Reference | : Riyad as-Salihin 920 |
| In-book reference | : Book 6, Hadith 27 |
Another narration is: The Messenger of Allah (PBUH) forbade the people from meeting the caravan on the way for entering into business transaction with them; and the selling of the goods by a dweller of the city on behalf of a man of the desert; and the seeking by a woman the divorce of her sister (from her husband); and the practice of Najsh and leaving the animals unmilked (for sometime for the purpose of accumulation of milk to deceive the buyer).
[Al-Bukhari and Muslim].
وفي رواية قال: نهى رسول الله صلى الله عليه وسلم عن التلقي وأن يبتاع المهاجر للأعرابي، وأن تشترط المرأة طلاق أختها، وأن يستام الرجل على سوم أخيه، ونهى عن النجش والتصرية" ((متفق عليه)).
| Reference | : Riyad as-Salihin 1778 |
| In-book reference | : Book 17, Hadith 268 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3223 |
| In-book reference | : Book 26, Hadith 28 |
| English translation | : Vol. 4, Book 26, Hadith 3225 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 3499 |
| In-book reference | : Book 27, Hadith 111 |
| English translation | : Vol. 4, Book 27, Hadith 3529 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4019 |
| In-book reference | : Book 37, Hadith 54 |
| English translation | : Vol. 5, Book 37, Hadith 4024 |
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا عَبْدُ اللَّهِ بْنُ نُمَيْرٍ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، عَنْ زَيْنَبَ بِنْتِ أُمِّ سَلَمَةَ، عَنْ أُمِّ حَبِيبَةَ، عَنِ النَّبِيِّ ـ صلى الله عليه وسلم ـ نَحْوَهُ .
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1939 |
| In-book reference | : Book 9, Hadith 95 |
| English translation | : Vol. 3, Book 9, Hadith 1939 |
Narrated Jabir bin `Abdullah:
While we were returning from a Ghazwa (Holy Battle) with the Prophet, I started driving my camel fast, as it was a lazy camel A rider came behind me and pricked my camel with a spear he had with him, and then my camel started running as fast as the best camel you may see. Behold! The rider was the Prophet himself. He said, 'What makes you in such a hurry?" I replied, I am newly married " He said, "Did you marry a virgin or a matron? I replied, "A matron." He said, "Why didn't you marry a young girl so that you may play with her and she with you?" When we were about to enter (Medina), the Prophet said, "Wait so that you may enter (Medina) at night so that the lady of unkempt hair may comb her hair and the one whose husband has been absent may shave her pubic region.
| Reference | : Sahih al-Bukhari 5079 |
| In-book reference | : Book 67, Hadith 17 |
| USC-MSA web (English) reference | : Vol. 7, Book 62, Hadith 16 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1114 |
| In-book reference | : Book 11, Hadith 35 |
| English translation | : Vol. 2, Book 6, Hadith 1114 |
Narrated Al-Bara:
When the Prophet went out for the `Umra in the month of Dhal-Qa'da, the people of Mecca did not allow him to enter Mecca till he agreed to conclude a peace treaty with them by virtue of which he would stay in Mecca for three days only (in the following year). When the agreement was being written, the Muslims wrote: "This is the peace treaty, which Muhammad, Apostle of Allah has concluded." The infidels said (to the Prophet), "We do not agree with you on this, for if we knew that you are Apostle of Allah we would not have prevented you for anything (i.e. entering Mecca, etc.), but you are Muhammad, the son of `Abdullah." Then he said to `Ali, "Erase (the name of) 'Apostle of Allah'." `Ali said, "No, by Allah, I will never erase you (i.e. your name)." Then Allah's Apostle took the writing sheet...and he did not know a better writing..and he wrote or got it the following written! "This is the peace treaty which Muhammad, the son of `Abdullah, has concluded: "Muhammad should not bring arms into Mecca except sheathed swords, and should not take with him any person of the people of Mecca even if such a person wanted to follow him, and if any of his companions wants to stay in Mecca, he should not forbid him." (In the next year) when the Prophet entered Mecca and the allowed period of stay elapsed, the infidels came to `Ali and said "Tell your companion (Muhammad) to go out, as the allowed period of his stay has finished." So the Prophet departed (from Mecca) and the daughter of Hamza followed him shouting "O Uncle, O Uncle!" `Ali took her by the hand and said to Fatima, "Take the daughter of your uncle." So she made her ride (on her horse). (When they reached Medina) `Ali, Zaid and Ja`far quarreled about her. `Ali said, "I took her for she is the daughter of my uncle." Ja`far said, "She is the daughter of my uncle and her aunt is my wife." Zaid said, "She is the daughter of my brother." On that, the Prophet gave her to her aunt and said, "The aunt is of the same status as the mother." He then said to `Ali, "You are from me, and I am from you," and said to Ja`far, "You resemble me in appearance and character," and said to Zaid, "You are our brother and our freed slave." `Ali said to the Prophet 'Won't you marry the daughter of Hamza?" The Prophet said, "She is the daughter of my foster brother."
| Reference | : Sahih al-Bukhari 4251 |
| In-book reference | : Book 64, Hadith 286 |
| USC-MSA web (English) reference | : Vol. 5, Book 59, Hadith 553 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3284 |
| In-book reference | : Book 26, Hadith 89 |
| English translation | : Vol. 4, Book 26, Hadith 3286 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3222 |
| In-book reference | : Book 26, Hadith 27 |
| English translation | : Vol. 4, Book 26, Hadith 3224 |
| Grade: | Da'if (Darussalam) because Rabah is unknown] (Darussalam) |
| Reference | : Musnad Ahmad 467 |
| In-book reference | : Book 4, Hadith 61 |
Narrated Anas bin Malik:
`Abdur-Rahman bin `Auf came (from Mecca to Medina) and the Prophet made a bond of brotherhood between him and Sa`d bin Ar-Rabi` Al-Ansari. Al-Ansari had two wives, so he suggested that `Abdur- Rahman take half, his wives and property. `Abdur-Rahman replied, "May Allah bless you with your wives and property. Kindly show me the market." So `Abdur-Rahman went to the market and gained (in bargains) some dried yoghurt and some butter. After a few days the Prophet saw `Abdur-Rahman with some yellow stains on his clothes and asked him, "What is that, O `Abdur-Rahman?" He replied, "I had married an Ansari woman." The Prophet asked, "How much Mahr did you give her?" He replied, "The weight of one (date) stone of gold." The Prophet said, "Offer a banquet, even with one sheep."
| Reference | : Sahih al-Bukhari 5072 |
| In-book reference | : Book 67, Hadith 10 |
| USC-MSA web (English) reference | : Vol. 7, Book 62, Hadith 10 |
| (deprecated numbering scheme) |
Narrated Sa`id bin Jubair:
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.
| Reference | : Sahih al-Bukhari 5349 |
| In-book reference | : Book 68, Hadith 94 |
| USC-MSA web (English) reference | : Vol. 7, Book 63, Hadith 261 |
| (deprecated numbering scheme) |
Narrated Anas bin Malik:
When Allah's Apostle married Zainab bint Jahsh, he invited the people who took their meals and then remained sitting and talking. The Prophet pretended to be ready to get up, but the people did not get up. When he noticed that, he got up, and when he had got up, some of those people got up along with him and there remained three (who kept on sitting). Then the Prophet came back and found those people still sitting. Later on those people got up and went away. So I went to the Prophet and informed him that they had left. The Prophet came, and entered (his house). I wanted to enter(along with him) but he dropped a curtain between me and him. Allah then revealed: 'O you who believe! Do not enter the Prophet's Houses until leave is given... (to His statement)... Verily! That shall be an enormity, in Allah's sight.' (33.53)
| Reference | : Sahih al-Bukhari 6271 |
| In-book reference | : Book 79, Hadith 45 |
| USC-MSA web (English) reference | : Vol. 8, Book 74, Hadith 288 |
| (deprecated numbering scheme) |
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from Umm Salama, the wife of the Prophet may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "If a misfortune befalls some one and he says, as Allah has ordered, 'We belong to Allah and to Him we are returning. O Allah, reward me in my misfortune and give me better than it afterwards,' Allah will do that for him" (Inna lillahi wa inna ilayhi rajiun. Allahumma' jurniy fi musiybatiy, wa a qibhiy khayran minha, illa faala 'llahu dhalika bihi.).
Umm Salama said, "When Abu Salama died I said that, and then I said, 'Who is better than Abu Salama?' " And then Allah left her the Messenger of Allah, may Allah bless him and grant him peace, and he married her.
| USC-MSA web (English) reference | : Book 16, Hadith 42 |
| Arabic reference | : Book 16, Hadith 564 |
| Reference | : Sunan an-Nasa'i 2243 |
| In-book reference | : Book 22, Hadith 154 |
| English translation | : Vol. 3, Book 22, Hadith 2245 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3462 |
| In-book reference | : Book 27, Hadith 74 |
| English translation | : Vol. 4, Book 27, Hadith 3492 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3172 |
| In-book reference | : Book 25, Hadith 88 |
| English translation | : Vol. 1, Book 25, Hadith 3174 |
Ibn Abu Mulaika reported that al-Qasim b. Muhammad b. Abu Bakr had narrated to him that 'A'isha (Allah be pleased with her) reported that Sahla bint Suhail b. 'Amr came to Allah's Apostle (may peace be upon him) and said:
| Reference | : Sahih Muslim 1453c |
| In-book reference | : Book 17, Hadith 35 |
| USC-MSA web (English) reference | : Book 8, Hadith 3426 |
| (deprecated numbering scheme) |
Narrated Anas bin Malik:
Um Haram told me that the Prophet one day took a midday nap in her house. Then he woke up smiling. Um Haram asked, "O Allah's Apostle! What makes you smile?" He replied "I was astonished to see (in my dream) some people amongst my followers on a sea-voyage looking like kings on the thrones." She said, "O Allah's Apostle! Invoke Allah to make me one of them." He replied, "You are amongst them." He slept again and then woke up smiling and said the same as before twice or thrice. And she said, "O Allah's Apostle! Invoke Allah to make me one of them." And he said, "You are amongst the first batch." 'Ubada bin As-Samit married her (i.e. Um Haram) and then he took her for Jihad. When she returned, an animal was presented to her to ride, but she fell down and her neck was broken.
| Reference | : Sahih al-Bukhari 2894, 2895 |
| In-book reference | : Book 56, Hadith 109 |
| USC-MSA web (English) reference | : Vol. 4, Book 52, Hadith 144 |
| (deprecated numbering scheme) |
Narrated Anas:
When `Abdur-Rahman bin `Auf came to Medina and the Prophet established the bond of brotherhood between him and Sa`d bin Ar-Rabi-al-Ansari, Saud suggested that `Abdur-Rahman should accept half of his property and family. `Abdur Rahman said, "May Allah bless you in your family and property; guide me to the market." So `Abdur-Rahman (while doing business in the market) made some profit of some condensed dry yoghurt and butter. After a few days the Prophet saw him wearing clothes stained with yellow perfume. The Prophet asked, "What is this, O `Abdur-Rahman?" He said, "O Allah's Apostle! I have married an Ansar' woman." The Prophet asked, "What have you given her as Mahr?" He (i.e. `Abdur-Rahman) said, "A piece of gold, about the weight of a date stone." Then the Prophet said, Give a banquet, even though of a sheep."
| Reference | : Sahih al-Bukhari 3937 |
| In-book reference | : Book 63, Hadith 162 |
| USC-MSA web (English) reference | : Vol. 5, Book 58, Hadith 274 |
| (deprecated numbering scheme) |
Abd Nadra reported:
| Reference | : Sahih Muslim 1249 |
| In-book reference | : Book 15, Hadith 233 |
| USC-MSA web (English) reference | : Book 7, Hadith 2874 |
| (deprecated numbering scheme) |
Narrated Jabir:
I was with Allah's Apostle in a Ghazwa, and when we returned, I wanted to hurry, while riding a slow camel. A rider came behind me. I looked back and saw that the rider was Allah's Apostle . He said (to me), "What makes you in such a hurry?" I replied, "I am newly married." He said, "Did you marry a virgin or a matron?" I replied, "(Not a virgin but) a matron." He said, "Why didn't you marry a young girl with whom you could play and who could play with you?" Then when we approached (Medina) and were going to enter (it), the Prophet said, "Wait till you enter (your homes) at night (in the first part of the night) so that the ladies with unkempt hair may comb their hair, and those whose husbands have been absent (for a long time) may shave their pubic hair." (The sub-narrator, Hashim said: A reliable narrator told me that the Prophet added in this Hadith: "(Seek to beget) children! Children, O Jabir!")
| Reference | : Sahih al-Bukhari 5245 |
| In-book reference | : Book 67, Hadith 178 |
| USC-MSA web (English) reference | : Vol. 7, Book 62, Hadith 172 |
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Narrated Ibn `Abbas:
The first lady to use a girdle was the mother of Ishmael. She used a girdle so that she might hide her tracks from Sarah. Abraham brought her and her son Ishmael while she was suckling him, to a place near the Ka`ba under a tree on the spot of Zamzam, at the highest place in the mosque. During those days there was nobody in Mecca, nor was there any water So he made them sit over there and placed near them a leather bag containing some dates, and a small water-skin containing some water, and set out homeward. Ishmael's mother followed him saying, "O Abraham! Where are you going, leaving us in this valley where there is no person whose company we may enjoy, nor is there anything (to enjoy)?" She repeated that to him many times, but he did not look back at her Then she asked him, "Has Allah ordered you to do so?" He said, "Yes." She said, "Then He will not neglect us," and returned while Abraham proceeded onwards, and on reaching the Thaniya where they could not see him, he faced the Ka`ba, and raising both hands, invoked Allah saying the following prayers: 'O our Lord! I have made some of my offspring dwell in a valley without cultivation, by Your Sacred House (Ka`ba at Mecca) in order, O our Lord, that they may offer prayer perfectly. So fill some hearts among men with love towards them, and (O Allah) provide them with fruits, so that they may give thanks.' (14.37) Ishmael's mother went on suckling Ishmael and drinking from the water (she had). When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at him (i.e. Ishmael) tossing in agony; She left him, for she could not endure looking at him, and found that the mountain of Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from Safa and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble, till she crossed the valley and reached the Marwa mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between Safa and Marwa) seven times." The Prophet said, "This is the source of the tradition of the walking of people between them (i.e. Safa and Marwa). When she reached the Marwa (for the last time) she heard a voice and she asked herself to be quiet and listened attentively. She heard the voice again and said, 'O, (whoever you may be)! You have made me hear your voice; have you got something to help me?" And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or his wing), till water flowed from that place. She started to make something like a basin around it, using her hand in this way, and started filling her water-skin with water with her hands, and the water was flowing out after she had scooped some of it." The Prophet added, "May Allah bestow Mercy on Ishmael's mother! Had she let the Zamzam (flow without trying to control it) (or had she not scooped from that water) (to fill her water-skin), Zamzam would have been a stream flowing on the surface of the earth." The Prophet further added, "Then she drank (water) and suckled her child. The angel said to her, 'Don't be afraid of being neglected, for this is the House of Allah which will be built by this boy and his father, and Allah never neglects His people.' The House (i.e. Ka`ba) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She lived in that way till some people from the tribe of Jurhum or a family from Jurhum passed by her and her child, as they (i.e. the Jurhum people) were coming through the way of Kada'. They landed in the lower part of Mecca where they saw a bird that had the habit of flying around water and not leaving it. They said, 'This bird must be flying around water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came (towards the water)." The Prophet added, "Ishmael's mother was sitting near the water. They asked her, 'Do you allow us to stay with you?" She replied, 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet further said, "Ishmael's mother was pleased with the whole situation as she used to love to enjoy the company of the people. So, they settled there, and later on they sent for their families who came and settled with them so that some families became permanent residents there. The child (i.e. Ishmael) grew up and learnt Arabic from them and (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty they made him marry a woman from amongst them. After Ishmael's mother had died, Abraham came after Ishmael's marriage in order to see his family that he had left before, but he did not find Ishmael there. When he asked Ishmael's wife about him, she replied, 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied, 'We are living in misery; we are living in hardship and destitution,' complaining to him. He said, 'When your husband returns, convey my salutation to him and tell him to change the threshold of the gate (of his house).' When Ishmael came, he seemed to have felt something unusual, so he asked his wife, 'Has anyone visited you?' She replied, 'Yes, an old man of so-and-so description came and asked me about you and I informed him, and he asked about our state of living, and I told him that we were living in a hardship and poverty.' On that Ishmael said, 'Did he advise you anything?' She replied, 'Yes, he told me to convey his salutation to you and to tell you to change the threshold of your gate.' Ishmael said, 'It was my father, and he has ordered me to divorce you. Go back to your family.' So, Ishmael divorced her and married another woman from amongst them (i.e. Jurhum). Then Abraham stayed away from them for a period as long as Allah wished and called on them again but did not find Ishmael. So he came to Ishmael's wife and asked her about Ishmael. She said, 'He has gone in search of our livelihood.' Abraham asked her, 'How are you getting on?' asking her about their sustenance and living. She replied, 'We are prosperous and well-off (i.e. we have everything in abundance).' Then she thanked Allah' Abraham said, 'What kind of food do you eat?' She said. 'Meat.' He said, 'What do you drink?' She said, 'Water." He said, "O Allah! Bless their meat and water." The Prophet added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet added, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected, unless he lives in Mecca." The Prophet added," Then Abraham said Ishmael's wife, "When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his gate.' When Ishmael came back, he asked his wife, 'Did anyone call on you?' She replied, 'Yes, a good-looking old man came to me,' so she praised him and added. 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in a good condition.' Ishmael asked her, 'Did he give you any piece of advice?' She said, 'Yes, he told me to give his regards to you and ordered that you should keep firm the threshold of your gate.' On that Ishmael said, 'It was my father, and you are the threshold (of the gate). He has ordered me to keep you with me.' Then Abraham stayed away from them for a period as long as Allah wished, and called on them afterwards. He saw Ishmael under a tree near Zamzam, sharpening his arrows. When he saw Abraham, he rose up to welcome him (and they greeted each other as a father does with his son or a son does with his father). Abraham said, 'O Ishmael! Allah has given me an order.' Ishmael said, 'Do what your Lord has ordered you to do.' Abraham asked, 'Will you help me?' Ishmael said, 'I will help you.' Abraham said, Allah has ordered me to build a house here,' pointing to a hillock higher than the land surrounding it." The Prophet added, "Then they raised the foundations of the House (i.e. the Ka`ba). Ishmael brought the stones and Abraham was building, and when the walls became high, Ishmael brought this stone and put it for Abraham who stood over it and carried on building, while Ishmael was handing him the stones, and both of them were saying, 'O our Lord! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing.' The Prophet added, "Then both of them went on building and going round the Ka`ba saying: O our Lord ! Accept (this service) from us, Verily, You are the All-Hearing, the All-Knowing." (2.127)
| Reference | : Sahih al-Bukhari 3364 |
| In-book reference | : Book 60, Hadith 38 |
| USC-MSA web (English) reference | : Vol. 4, Book 55, Hadith 583 |
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Narrated Anas:
When `Abdur-Rahman bin `Auf came to Medina, the Prophet established a bond of brotherhood between him and Sa`d bin Ar-Rabi al-Ansari. Sa`d was a rich man, so he said to `Abdur-Rahman, "I will give you half of my property and will help you marry." `Abdur-Rahman said (to him), "May Allah bless you in your family and property. Show me the market." So `Abdur-Rahman did not return from the market) till he gained some dried buttermilk (yogurt) and butter (through trading). He brought that to his house-hold. We stayed for sometime (or as long as Allah wished), and then `Abdur-Rahman came, scented with yellowish perfume. The Prophet said (to him) "What is this?" He replied, "I got married to an Ansari woman." The Prophet asked, "What did you pay her?" He replied, "A gold stone or gold equal to the weight of a date stone." The Prophet said (to him), "Give a wedding banquet even if with one sheep."
| Reference | : Sahih al-Bukhari 2049 |
| In-book reference | : Book 34, Hadith 3 |
| USC-MSA web (English) reference | : Vol. 3, Book 34, Hadith 265 |
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| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3388 |
| In-book reference | : Book 26, Hadith 193 |
| English translation | : Vol. 4, Book 26, Hadith 3390 |
Rabah said:
I asked her: What is this? She replied: This belongs to Yuhannah. We then brought the case to Uthman (for a decision). I think Mahdi said these words. He inquired from both of them, and they acknowledged (the facts).
He then said to them: Do you agree that I take the decision about you, which the Messenger of Allah (saws) had taken? The Messenger of Allah (saws) decided that the child was to attributed to the one on whose bed it was born. And I think he said: He flogged her and flogged him, for they were slaves.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2275 |
| In-book reference | : Book 13, Hadith 101 |
| English translation | : Book 12, Hadith 2268 |
Narrated Jabir ibn Abdullah:
We went out with the Messenger of Allah (saws) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (saws) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (saws) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.
Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.
| حسن لكن ذكر ثابت بن قيس فيه خطأ والمحفوظ أنه سعد بن الربيع (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2891 |
| In-book reference | : Book 19, Hadith 7 |
| English translation | : Book 18, Hadith 2885 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1876 |
| In-book reference | : Book 9, Hadith 32 |
| English translation | : Vol. 3, Book 9, Hadith 1876 |
| Grade: | Da'if (Darussalam)because Rabah is unknown] (Darussalam) |
| Reference | : Musnad Ahmad 502 |
| In-book reference | : Book 4, Hadith 95 |
Narrated Sa`id bin Jubair:
I asked Ibn `Umar, "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn `Umar said, "The Prophet separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: `Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her; and if you have told a lie, you are less rightful to have your money back.' ")
| Reference | : Sahih al-Bukhari 5311 |
| In-book reference | : Book 68, Hadith 60 |
| USC-MSA web (English) reference | : Vol. 7, Book 63, Hadith 231 |
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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."
| USC-MSA web (English) reference | : Book 28, Hadith 32 |
| Arabic reference | : Book 28, Hadith 1126 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3224 |
| In-book reference | : Book 26, Hadith 29 |
| English translation | : Vol. 4, Book 26, Hadith 3226 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 3554 |
| In-book reference | : Book 27, Hadith 168 |
| English translation | : Vol. 4, Book 27, Hadith 3584 |
Narrated Anas:
Allah's Apostle went to the daughter of Milhan and reclined there (and slept) and then (woke up) smiling. She asked, "O Allah's Apostle! What makes you smile?" He replied, (I dreamt that) some people amongst my followers were sailing on the green sea in Allah's Cause, resembling kings on thrones." She said, "O Allah's Apostle! Invoke Allah to make me one of them." He said, "O Allah! Let her be one of them." Then he (slept again and woke up and) smiled. She asked him the same question and he gave the same reply. She said, "Invoke Allah to make me one of them." He replied, ''You will be amongst the first group of them; you will not be amongst the last." Later on she married 'Ubada bin As-Samit and then she sailed on the sea with bint Qaraza, Mu'awiya's wife (for Jihad). On her return, she mounted her riding animal, which threw her down breaking her neck, and she died on falling down.
| Reference | : Sahih al-Bukhari 2877, 2878 |
| In-book reference | : Book 56, Hadith 93 |
| USC-MSA web (English) reference | : Vol. 4, Book 52, Hadith 129 |
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Narrated Aisha:
The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became Allright, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, "Best wishes and Allah's Blessing and a good luck." Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah's Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age.
| Reference | : Sahih al-Bukhari 3894 |
| In-book reference | : Book 63, Hadith 119 |
| USC-MSA web (English) reference | : Vol. 5, Book 58, Hadith 234 |
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| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 770 |
| In-book reference | : Book 5, Hadith 202 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 931 |
| In-book reference | : Book 5, Hadith 358 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2111 |
| In-book reference | : Book 12, Hadith 66 |
| English translation | : Book 11, Hadith 2106 |
Narrated AbuUmamah ibn Sahl:
We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.
He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Messenger of Allah (saws) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.
I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?
Abu Dawud said: 'Uthman and Abu Bakr (Allah be pleased with them) abandoned drinking wine in pre-Islamic times.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4502 |
| In-book reference | : Book 41, Hadith 9 |
| English translation | : Book 40, Hadith 4487 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3177 |
| In-book reference | : Book 13, Hadith 95 |
Narrated Anas:
I know (about) the Hijab (the order of veiling of women) more than anybody else. Ubai bin Ka`b used to ask me about it. Allah's Apostle became the bridegroom of Zainab bint Jahsh whom he married at Medina. After the sun had risen high in the sky, the Prophet invited the people to a meal. Allah's Apostle remained sitting and some people remained sitting with him after the other guests had left. Then Allah's Apostle got up and went away, and I too, followed him till he reached the door of `Aisha's room. Then he thought that the people must have left the place by then, so he returned and I also returned with him. Behold, the people were still sitting at their places. So he went back again for the second time, and I went along with him too. When we reached the door of `Aisha's room, he returned and I also returned with him to see that the people had left. Thereupon the Prophet hung a curtain between me and him and the Verse regarding the order for (veiling of women) Hijab was revealed.
| Reference | : Sahih al-Bukhari 5466 |
| In-book reference | : Book 70, Hadith 95 |
| USC-MSA web (English) reference | : Vol. 7, Book 65, Hadith 375 |
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Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the day of the conquest of Makka, and her husband Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she called him to Islam, and he became muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest. When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had made the pledge with him. They were confirmed in their marriage.
Malik said, "If a man becomes muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become muslim, because Allah, the Blessed, the Exalted, said in His Book, 'Do not hold fast to the ties of women who are kafirun.' "
| USC-MSA web (English) reference | : Book 28, Hadith 46 |
| Arabic reference | : Book 28, Hadith 1141 |
'A'isha (Allah be pleased with her) reported:
| Reference | : Sahih Muslim 1422a |
| In-book reference | : Book 16, Hadith 81 |
| USC-MSA web (English) reference | : Book 8, Hadith 3309 |
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It has been narrated on the authority of Umm Haram (and she was the aunt of Anas) who said:
| Reference | : Sahih Muslim 1912b |
| In-book reference | : Book 33, Hadith 230 |
| USC-MSA web (English) reference | : Book 20, Hadith 4700 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3367 |
| In-book reference | : Book 26, Hadith 172 |
| English translation | : Vol. 4, Book 26, Hadith 3369 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1933 |
| In-book reference | : Book 27, Hadith 39 |
| English translation | : Vol. 4, Book 1, Hadith 1933 |
Narrated Al-Miswar bin Makhrama:
`Ali demanded the hand of the daughter of Abu Jahl. Fatima heard of this and went to Allah's Apostle saying, "Your people think that you do not become angry for the sake of your daughters as `Ali is now going to marry the daughter of Abu Jahl. "On that Allah's Apostle got up and after his recitation of Tashah-hud. I heard him saying, "Then after! I married one of my daughters to Abu Al-`As bin Al- Rabi` (the husband of Zainab, the daughter of the Prophet ) before Islam and he proved truthful in whatever he said to me. No doubt, Fatima is a part of me, I hate to see her being troubled. By Allah, the daughter of Allah's Apostle and the daughter of Allah's Enemy cannot be the wives of one man." So `Ali gave up that engagement. 'Al-Miswar further said: I heard the Prophet talking and he mentioned a son-in-law of his belonging to the tribe of Bani `Abd-Shams. He highly praised him concerning that relationship and said (whenever) he spoke to me, he spoke the truth, and whenever he promised me, he fulfilled his promise."
| Reference | : Sahih al-Bukhari 3729 |
| In-book reference | : Book 62, Hadith 76 |
| USC-MSA web (English) reference | : Vol. 5, Book 57, Hadith 76 |
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Narrated Sa`d's father:
When the emigrants reached Medina. Allah's Apostle established the bond of fraternity between `Abdur-Rahman and Sa`d bin Ar-Rabi. Sa`d said to `Abdur-Rahman, "I am the richest of all the Ansar, so I want to divide my property (between us), and I have two wives, so see which of the two you like and tell me, so that I may divorce her, and when she finishes her prescribed period (i.e. 'Idda) of divorce, then marry her." `Abdur-Rahman said, "May Allah bless your family and property for you; where is your market?" So they showed him the Qainuqa' market. (He went there and) returned with a profit in the form of dried yogurt and butter. He continued going (to the market) till one day he came, bearing the traces of yellow scent. The Prophet asked, "What is this (scent)?" He replied, "I got married." The Prophet asked, "How much Mahr did you give her?" He replied, "I gave her a datestone of gold or a gold piece equal to the weight of a date-stone." (The narrator, Ibrahim, is in doubt as to which is correct.)
| Reference | : Sahih al-Bukhari 3780 |
| In-book reference | : Book 63, Hadith 5 |
| USC-MSA web (English) reference | : Vol. 5, Book 58, Hadith 124 |
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Narrated Jabir ibn Abdullah:
The Prophet (saws) said: If anyone gives as a dower to his wife two handfuls of flour or dates he has made her lawful for him.
AbuDawud said: This tradition has been narrated by Abdur Rahman ibn Mahdi, from Salih ibn Ruman, from Abu al-Zubayr on the authority of Jabir as his own statement (not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said: During the lifetime of the Messenger of Allah (saws) we used to contract temporary marriage for a handful of grain.
Abu Dawud said: This tradition has also been transmitted by Ibn Juraij from Abu al-Zubair on the authority of Jabir similar to the one narrated by Abu 'Asim.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2110 |
| In-book reference | : Book 12, Hadith 65 |
| English translation | : Book 11, Hadith 2105 |
Narrated `Urwa bin Az-Zubair:
That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."
| Reference | : Sahih al-Bukhari 4574 |
| In-book reference | : Book 65, Hadith 96 |
| USC-MSA web (English) reference | : Vol. 6, Book 60, Hadith 98 |
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Narrated 'Urwa bin Az-Zubair:
that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."
| Reference | : Sahih al-Bukhari 5140 |
| In-book reference | : Book 67, Hadith 76 |
| USC-MSA web (English) reference | : Vol. 7, Book 62, Hadith 71 |
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| Grade: | Isnād Hasan (Zubair `Aliza'i) | حسن (الألباني) | حكم : |
| إسنادہ حسن (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 130 |
| In-book reference | : Book 1, Hadith 123 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3560 |
| In-book reference | : Book 17, Hadith 6 |
Umm Salama reported Allah's Messenger (may peace be upon him) as saying:
| Reference | : Sahih Muslim 918a |
| In-book reference | : Book 11, Hadith 4 |
| USC-MSA web (English) reference | : Book 4, Hadith 1999 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) (Darussalam) |
| Reference | : Musnad Ahmad 468 |
| In-book reference | : Book 4, Hadith 62 |
Narrated `Aisha:
Abu Hudhaifa bin `Utba bin Rabi`a bin `Abdi Shams who had witnessed the battle of Badr along with the Prophet adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin `Utba bin Rabi`a; and Salim was the freed slave of an Ansar woman, just as the Prophet had adopted Zaid as his son. It was the custom in the Pre-lslamic Period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: 'Call them by (the names of) their fathers . . . your freed-slaves,' (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and your brother in religion. Later on Sahla bint Suhail bin `Amr Al-Quraishi Al-`Amiri-- and she was the wife of Abu- Hudhaifa bin `Utba--came to the Prophet and said, "O Allah's Apostle! We used to consider Salim as our (adopted) son, and now Allah has revealed what you know (regarding adopted sons)." The sub-narrator then mentioned the rest of the narration.
| Reference | : Sahih al-Bukhari 5088 |
| In-book reference | : Book 67, Hadith 26 |
| USC-MSA web (English) reference | : Vol. 7, Book 62, Hadith 25 |
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Narrated Sahl bin Sa`d:
An Arab lady was mentioned to the Prophet so he asked Abu Usaid As-Sa`idi to send for her, and he sent for her and she came and stayed in the castle of Bani Sa`ida. The Prophet came out and went to her and entered upon her. Behold, it was a lady sitting with a drooping head. When the Prophet spoke to her, she said, "I seek refuge with Allah from you." He said, "I grant you refuge from me." They said to her, "Do you know who this is?" She said, "No." They said, "This is Allah's Apostle who has come to command your hand in marriage." She said, "I am very unlucky to lose this chance." Then the Prophet and his companions went towards the shed of Bani Sa`ida and sat there. Then he said, "Give us water, O Sahl!" So I took out this drinking bowl and gave them water in it. The sub-narrator added: Sahl took out for us that very drinking bowl and we all drank from it. Later on `Umar bin `Abdul `Aziz requested Sahl to give it to him as a present, and he gave it to him as a present.
| Reference | : Sahih al-Bukhari 5637 |
| In-book reference | : Book 74, Hadith 63 |
| USC-MSA web (English) reference | : Vol. 7, Book 69, Hadith 541 |
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Narrated Abu Huraira:
A man from among the people, came to Allah's Apostle while Allah's Apostle was sitting in the mosque, and addressed him, saying, "O Allah's Apostle! I have committed an illegal sexual intercourse." The Prophet turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed an illegal intercourse." The Prophet turned his face to the other side, and the man came to that side, and when he confessed four times, the Prophet called him and said, "Are you mad?" He said, "No, O Allah's Apostle!" The Prophet said, "Are you married?" He said, "Yes, O Allah's Apostle." The Prophet said (to the people), "Take him away and stone him to death." Ibn Shihab added, "I was told by one who heard Jabir, that Jabir said, 'I was among those who stoned the man, and we stoned him at the Musalla (`Id praying Place), and when the stones troubled him, he jumped quickly and ran away, but we overtook him at Al-Harra and stoned him to death (there).' "
قَالَ ابْنُ شِهَابٍ أَخْبَرَنِي مَنْ، سَمِعَ جَابِرًا، قَالَ فَكُنْتُ فِيمَنْ رَجَمَهُ، فَرَجَمْنَاهُ بِالْمُصَلَّى، فَلَمَّا أَذْلَقَتْهُ الْحِجَارَةُ جَمَزَ حَتَّى أَدْرَكْنَاهُ بِالْحَرَّةِ فَرَجَمْنَاهُ.
| Reference | : Sahih al-Bukhari 6825, 6826 |
| In-book reference | : Book 86, Hadith 53 |
| USC-MSA web (English) reference | : Vol. 8, Book 82, Hadith 814 |
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Abdullah (b. 'Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah's Messenger (may peace be upon him) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the 'Idda which Allah had commanded for the divorce of women. Ibn Rumh in his narration made this addition:
| Reference | : Sahih Muslim 1471b |
| In-book reference | : Book 18, Hadith 2 |
| USC-MSA web (English) reference | : Book 9, Hadith 3474 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3237 |
| In-book reference | : Book 26, Hadith 42 |
| English translation | : Vol. 4, Book 26, Hadith 3239 |
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.
| USC-MSA web (English) reference | : Book 36, Hadith 21 |
| Arabic reference | : Book 36, Hadith 1425 |
Narrated Um Habiba:
(daughter of Abu Sufyan) I said, "O Allah's Apostle! Marry my sister. the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I replied, "Yes, for even now I am not your only wife and I like that my sister should share the good with me." The Prophet said, "But that is not lawful for me." I said, We have heard that you want to marry the daughter of Abu Salama." He said, "(You mean) the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my step-daughter, she would be unlawful for me to marry as she is my foster niece. I and Abu Salama were suckled by Thuwaiba. So you should not present to me your daughters or your sisters (in marriage)." Narrated 'Urwa: Thuwaiba was the freed slave girl of Abu Lahb whom he had manumitted, and then she suckled the Prophet. When Abu Lahb died, one of his relatives saw him in a dream in a very bad state and asked him, "What have you encountered?" Abu Lahb said, "I have not found any rest since I left you, except that I have been given water to drink in this (the space between his thumb and other fingers) and that is because of my manumitting Thuwaiba."
| Reference | : Sahih al-Bukhari 5101 |
| In-book reference | : Book 67, Hadith 39 |
| USC-MSA web (English) reference | : Vol. 7, Book 62, Hadith 38 |
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Anas (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) set out on an expedition to Khaibar and we observed our morning prayer in early hours of the dawn. The Messenger of Allah (may peace be upon him) then mounted and so did Abu Talha ride, and I was seating myself behind Abu Talha. Allah's Apostle (may peace be upon him) moved in the narrow street of Khaibar (and we rode so close to each other in the street) that my knee touched the leg of Allah's Apostle (may peace be upon him). (A part of the) lower garment of Allah's Apostle (may peace be upon him) slipped from his leg and I could see the whiteness of the leg of Allah's Apostle (may peace be upon him). As he entered the habitation he called:
| Reference | : Sahih Muslim 1365c |
| In-book reference | : Book 16, Hadith 99 |
| USC-MSA web (English) reference | : Book 8, Hadith 3325 |
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Narrated 'Amr b. Suh'aib:
On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.
Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.
Umar reported the Messenger of Allah (saws) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).
He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.
The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2917 |
| In-book reference | : Book 19, Hadith 33 |
| English translation | : Book 18, Hadith 2911 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5859 |
| In-book reference | : Book 29, Hadith 117 |
Abu Umamah bin Sahl bin Hunaif narrated: I was with `Uthman (رضي الله عنه) in the house when he was under siege. We would enter through an entrance... and he narrated a similar hadeeth. And he said: I heard the Messenger of Allah (ﷺ) say:... and he narrated a similar hadeeth,
| Grade: | Sahih (Darussalam)] Sahih (Darussalam) [] (Darussalam) |
| Reference | : Musnad Ahmad 437, 438 |
| In-book reference | : Book 4, Hadith 35 |
Anas b. Malik (Allah be pleased with him) reported:
| Reference | : Sahih Muslim 1428e |
| In-book reference | : Book 16, Hadith 108 |
| USC-MSA web (English) reference | : Book 8, Hadith 3333 |
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Narrated `Urwa bin Az-Zubair:
A lady committed theft during the lifetime of Allah's Apostle in the Ghazwa of Al-Fath, ((i.e. Conquest of Mecca). Her folk went to Usama bin Zaid to intercede for her (with the Prophet). When Usama interceded for her with Allah's Apostle, the color of the face of Allah's Apostle changed and he said, "Do you intercede with me in a matter involving one of the legal punishments prescribed by Allah?" Usama said, "O Allah's Apostle! Ask Allah's Forgiveness for me." So in the afternoon, Allah's Apostle got up and addressed the people. He praised Allah as He deserved and then said, "Amma ba'du ! The nations prior to you were destroyed because if a noble amongst them stole, they used to excuse him, and if a poor person amongst them stole, they would apply (Allah's) Legal Punishment to him. By Him in Whose Hand Muhammad's soul is, if Fatima, the daughter of Muhammad stole, I would cut her hand." Then Allah's Apostle gave his order in the case of that woman and her hand was cut off. Afterwards her repentance proved sincere and she got married. `Aisha said, "That lady used to visit me and I used to convey her demands to Allah's Apostle."
| Reference | : Sahih al-Bukhari 4304 |
| In-book reference | : Book 64, Hadith 337 |
| USC-MSA web (English) reference | : Vol. 5, Book 59, Hadith 597 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2490 |
| In-book reference | : Book 15, Hadith 14 |
| English translation | : Book 14, Hadith 2484 |
Narrated Sahl:
A woman came to the Prophet and said, "I have come to present myself to you (for marriage)." She kept standing for a long period during which period the Prophet looked at her carefully. When she stayed for a Long period, a man said to the Prophet "If you are not in need of her, then marry her to me." The Prophet said, "Have you got anything to give her (as Mahr)?" The man said, "No." The Prophet said, "Go (to your house) and search for something." The man went and came back to say, "By Allah, I could not find anything." The Prophet said, "Go again and search for something, even if it be an iron ring." He went again and came back saying, "No, by Allah, I could not get even an iron ring." The man had only an Izar and had no Rida' (upper garment). He said, "I will give her my Izar as Mahr." On that the Prophet said, "Your Izar? If she wears it, nothing of it will remain on you, and if you wear it nothing of it will be on her" The man went aside and sat down When the Prophet saw him leaving (after a while), he called back and asked. "How much Qur'an do you know (by heart)? He said, 'I know such and such Suras," naming some Suras. The Prophet said, "I marry her to you for the amount of Qur'an you know (by heart).
| Reference | : Sahih al-Bukhari 5871 |
| In-book reference | : Book 77, Hadith 88 |
| USC-MSA web (English) reference | : Vol. 7, Book 72, Hadith 760 |
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Yahya related to me from Malik from Malik from Abu Hazim ibn Dinar from Sahl ibn Sad as-Saidi that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! I have given myself to you." She stood for a long time, and then a man got up and said, "Messenger of Allah, marry her to me if you have no need of her." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you have anything to give her as a bride-price?" He said, "I possess only this lower garment of mine." The Messenger of Allah, may Allah bless him and grant him peace, said, "If you give it to her you will not have a garment to wear so look for something else." He said, "I have nothing else." He said, "Look for something else, even if it is only an iron ring." He looked, and found that he had nothing. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you know any of the Qur'an?" He said, "Yes. I know such-and-such a sura and such-and-such a sura," which he named. The Messengerof Allah, may Allah bless him and grant him peace, said to him, "I have married her to you for what you know of the Qur'an."
| USC-MSA web (English) reference | : Book 28, Hadith 8 |
| Arabic reference | : Book 28, Hadith 1101 |
Abu Huraira (Allah be pleased with him) reported:
| Reference | : Sahih Muslim 1424a |
| In-book reference | : Book 16, Hadith 87 |
| USC-MSA web (English) reference | : Book 8, Hadith 3314 |
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Narrated Abdullah Ibn Abbas:
Ibn Umar misunderstood (the Qur'anic verse, "So come to your tilth however you will")--may Allah forgive him. The fact is that this clan of the Ansar, who were idolaters, lived in the company of the Jews who were the people of the Book. They (the Ansar) accepted their superiority over themselves in respect of knowledge, and they followed most of their actions. The people of the Book (i.e. the Jews) used to have intercourse with their women on one side alone (i.e. lying on their backs). This was the most concealing position for (the vagina of) the women. This clan of the Ansar adopted this practice from them. But this tribe of the Quraysh used to uncover their women completely, and seek pleasure with them from in front and behind and laying them on their backs.
When the muhajirun (the immigrants) came to Medina, a man married a woman of the Ansar. He began to do the same kind of action with her, but she disliked it, and said to him: We were approached on one side (i.e. lying on the back); do it so, otherwise keep away from me. This matter of theirs spread widely, and it reached the Messenger of Allah (saws).
So Allah, the Exalted, sent down the Qur'anic verse: "Your wives are a tilth to you, so come to your tilth however you will," i.e. from in front, from behind or lying on the back. But this verse meant the place of the delivery of the child, i.e. the vagina.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2164 |
| In-book reference | : Book 12, Hadith 119 |
| English translation | : Book 11, Hadith 2159 |
Narrated Umar ibn AbdulAziz:
Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).
When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.
Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).
Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2972 |
| In-book reference | : Book 20, Hadith 45 |
| English translation | : Book 19, Hadith 2966 |
| Grade: | Sahih (Darussalam), al-Bukhari (2375) and Muslim (1979)] (Darussalam) |
| Reference | : Musnad Ahmad 1201 |
| In-book reference | : Book 5, Hadith 610 |
Narrated Abu Huraira:
A man from Bani Aslam came to Allah's Apostle while he was in the mosque and called (the Prophet ) saying, "O Allah's Apostle! I have committed illegal sexual intercourse." On that the Prophet turned his face from him to the other side, whereupon the man moved to the side towards which the Prophet had turned his face, and said, "O Allah's Apostle! I have committed illegal sexual intercourse." The Prophet turned his face (from him) to the other side whereupon the man moved to the side towards which the Prophet had turned his face, and repeated his statement. The Prophet turned his face (from him) to the other side again. The man moved again (and repeated his statement) for the fourth time. So when the man had given witness four times against himself, the Prophet called him and said, "Are you insane?" He replied, "No." The Prophet then said (to his companions), "Go and stone him to death." The man was a married one. Jabir bin `Abdullah Al-Ansari said: I was one of those who stoned him. We stoned him at the Musalla (`Id praying place) in Medina. When the stones hit him with their sharp edges, he fled, but we caught him at Al-Harra and stoned him till he died.
وَعَنِ الزُّهْرِيِّ، قَالَ أَخْبَرَنِي مَنْ، سَمِعَ جَابِرَ بْنَ عَبْدِ اللَّهِ الأَنْصَارِيَّ، قَالَ كُنْتُ فِيمَنْ رَجَمَهُ فَرَجَمْنَاهُ بِالْمُصَلَّى بِالْمَدِينَةِ، فَلَمَّا أَذْلَقَتْهُ الْحِجَارَةُ جَمَزَ حَتَّى أَدْرَكْنَاهُ بِالْحَرَّةِ، فَرَجَمْنَاهُ حَتَّى مَاتَ.
| Reference | : Sahih al-Bukhari 5271, 5272 |
| In-book reference | : Book 68, Hadith 21 |
| USC-MSA web (English) reference | : Vol. 7, Book 63, Hadith 196 |
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Narrated Sa`id bin Jubair:
I asked Ibn `Umar about those who were involved in a case of Lien. He said, "The Prophet said to those who were involved in a case of Lien, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." The man said, 'What about my property (Mahr) ?' The Prophet said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from `Amr. Narrated Aiyub: I heard Sa`id bin Jubair saying, "I asked Ibn `Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?' Ibn `Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn `Umar said, 'The Prophet separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?' "
| Reference | : Sahih al-Bukhari 5312 |
| In-book reference | : Book 68, Hadith 61 |
| USC-MSA web (English) reference | : Vol. 7, Book 63, Hadith 232 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3358 |
| In-book reference | : Book 26, Hadith 163 |
| English translation | : Vol. 4, Book 26, Hadith 3360 |
| Grade: | Da'if, (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3207 |
| In-book reference | : Book 47, Hadith 259 |
| English translation | : Vol. 5, Book 44, Hadith 3207 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 588 |
| In-book reference | : Book 6, Hadith 95 |
| English translation | : Vol. 1, Book 6, Hadith 589 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1135 |
| In-book reference | : Book 11, Hadith 57 |
| English translation | : Vol. 2, Book 6, Hadith 1135 |
'Abd al-Muttalib b. Rabi'a b. al-Harith reported that Rabi'a b. al-Harith and Abbas b. Abd al-Muttalib gathered together and said:
| Reference | : Sahih Muslim 1072a |
| In-book reference | : Book 12, Hadith 218 |
| USC-MSA web (English) reference | : Book 5, Hadith 2347 |
| (deprecated numbering scheme) |
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.
Malik added, "That was also the opinion of Ibn Shihab."
Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.
Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.
Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.
Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."
Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."
| USC-MSA web (English) reference | : Book 29, Hadith 19 |
| Arabic reference | : Book 29, Hadith 1173 |
Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.
Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.
Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."
Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."
| USC-MSA web (English) reference | : Book 31, Hadith 81 |
| Arabic reference | : Book 31, Hadith 1368 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 4303 |
| In-book reference | : Book 37, Hadith 204 |
| English translation | : Vol. 5, Book 37, Hadith 4303 |
It has been narrated on the authority of Auf b. Malik al-Ashja'i who said:
| Reference | : Sahih Muslim 1753b |
| In-book reference | : Book 32, Hadith 52 |
| USC-MSA web (English) reference | : Book 19, Hadith 4343 |
| (deprecated numbering scheme) |
Narrated Al-Lajlaj al-Amiri:
I was working in the market. A woman passed carrying a child. The people rushed towards her, and I also rushed along with them.
I then went to the Prophet (saws) while he was asking: Who is the father of this (child) who is with you? She remained silent.
A young man by her side said: I am his father, Messenger of Allah!
He then turned towards her and asked: Who is the father of this child with you?
The young man said: I am his father, Messenger of Allah! The Messenger of Allah (saws) then looked at some of those who were around him and asked them about him. They said: We only know good (about him).
The Prophet (saws) said to him: Are you married? He said: Yes. So he gave orders regarding him and he was stoned to death.
He (the narrator) said: We took him out, dug a pit for him and put him in it. We then threw stones at him until he died. A man then came asking about the man who was stoned.
We brought him to the Prophet (saws) and said: This man has come asking about the wicked man.
The Messenger of Allah (saws) said: He is more agreeable than the fragrance of musk in the eyes of Allah. The man was his father. We then helped him in washing, shrouding and burying him. (The narrator said:) I do not know whether he said or did not say "in praying over him." This is the tradition of Abdah, and it is more accurate.
| Grade: | Hasan in chain (Al-Albani) | حسن الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4435 |
| In-book reference | : Book 40, Hadith 85 |
| English translation | : Book 39, Hadith 4421 |
It was narrated from Rabah... he mentioned a similar hadeeth. He said: I took them to Ameer al-Mu`mineen `Uthman bin `Affan {رضي الله عنه}, who said: The Messenger of Allah (ﷺ) ruled that the child be attributed to (the husband of the woman... and he mentioned a similar report
[حَدَّثَنَا عَبْداللَّه] حَدَّثَنَا شَيْبَانُ أَبُو مُحَمَّدٍ حَدَّثَنَا مَهْدِيُّ بْنُ مَيْمُونٍ حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ أَبِي يَعْقُوبَ عَنِ الْحَسَنِ بْنِ سَعْدٍ عَنْ رَبَاحٍ فَذَكَرَ الْحَدِيثَ قَالَ فَرَفَعْتُهُمَا إِلَى ...
| Grade: | Da'if (Darussalam) [ because Rabah is unknown] Da\'if and it is a repeat of the previous report] (Darussalam) |
| Reference | : Musnad Ahmad 416, 417 |
| In-book reference | : Book 4, Hadith 17 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2031 |
| In-book reference | : Book 10, Hadith 16 |
| English translation | : Vol. 3, Book 10, Hadith 2031 |