Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "A woman in ihram should not comb her hair when she leaves ihram until she has cut some of the tresses of her hair, and if she has an animal for sacrifice with her she should not cut off any of her hair until the animal has been killed."

Allah's Apostle said, "He who has a slave-girl and educates and treats her nicely and then manumits and marries her, will get a double reward."

Malik said, concerning a woman who had never been on hajj, "If she doesn't have a mahram, or if she has, but he cannot come with her, she does not abandon Allah's making of the hajj obligatory for her. Let her go in a group of women."

Abu Dawud said: This tradition has been transmitted by Qatadah from Sa'd b. Yazid on the authority of Ibn al-Musayyab in a similar way. This tradition has been narrated by Yahya b. Abi Kathir from Yazid b. Nu'aim from Sa'id b. al-Musayyab, and 'Ata al-Khurasani narrated it from Sa'id b. al-Musayyab ; they all narrated this tradition from the Prophet (saws) omitting the link of the Companion (i.e. a mursal tradition). The version of Yahya b. Abi Kathir has: Basrah b. Aktham married a woman. The agreed version has: He made the child his servant.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man gives a woman command over herself, then the result is as she decides unless he denies it and says that he only meant to give her one divorce and he swears to it - then he has access to her while she is in her idda."

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar."

A woman asked the Prophet saying, "0 Allah's Apostle! My daughter got measles and her hair fell out. Now that I got her married, may I let her use false hair?" He said (to her), "Allah has cursed the lady who lengthens hair artificially and the one who gets her hair lengthened artificially."

The Prophet said, "Three persons will get their reward twice. (One is) a person who has a slave girl and he educates her properly and teaches her good manners properly (without violence) and then manumits and marries her. Such a person will get a double reward. (Another is) a believer from the people of the scriptures who has been a true believer and then he believes in the Prophet (Muhammad). Such a person will get a double reward. (The third is) a slave who observes Allah's Rights and Obligations and is sincere to his master."

Regarding the Verse:--"They ask your instruction concerning the women. Say: Allah instructs you about them and yet whom you desire to marry." (4.127) (has been revealed regarding the case of) a man who has an orphan girl, and he is her guardian and her heir. The girl shares with him all his property, even a date-palm (garden), but he dislikes to marry her and dislikes to give her in marriage to somebody else who would share with him the property she is sharing with him, and for this reason that guardian prevents that orphan girl from marrying. So, this Verse was revealed: (And Allah's statement:) "If a woman fears cruelty or desertion on her husband's part." (4.128)

A Jew killed a girl of the Ansar for her ornaments. He then threw her in a well, and crushed her head with stones. He was then arrested and brought to the Prophet (saws). He ordered regarding him that he should be stoned to death. He was then stoned till he died.

Abu Dawud said: It has been transmitted by Ibn Juraij from Ayyub in a similar way.

Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.

Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."

When Allah's Apostle married Zainab bint Jahsh, he made the people eat meat and bread to their fill (by giving a Walima banquet). Then he went out to the dwelling places of the mothers of the believers (his wives), as he used to do in the morning of his marriage. He would greet them and invoke good on them, and they (too) would return his greeting and invoke good on him. When he returned to his house, he found two men talking to each other; and when he saw them, he went out of his house again. When those two men saw Allah's Apostle: going out of his house, they quickly got up (and departed). I do not remember whether I informed him of their departure, or he was informed (by somebody else). So he returned, and when he entered the house, he lowered the curtain between me and him. Then the Verse of Al-Hijab was revealed.

that he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle . `Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."

Ibn `Umar bin Al-Khattab divorced his wife during her menses. Allah's Apostle ordered him to take her back till she became clean, and when she got another period while she was with him, she should wait till she became clean again and only then, if he wanted to divorce her, he could do so before having sexual relations with her. And that is the period Allah has fixed for divorcing women. Whenever `Abdullah (bin `Umar) was asked about that, he would say to the questioner, "If you divorced her thrice, she is no longer lawful for you unless she marries another man (and the other man divorces her in his turn).' Ibn `Umar further said, 'Would that you (people) only give one or two divorces, because the Prophet has ordered me so."

Malik said, "The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant, her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us."

Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her, her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him.

Malik said about a man who had intercourse with his son's or daughter's slave-girl, "The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives."

Barirah was emancipated, and she was the wife of Mughith, a slave of Aal AbuAhmad. The Messenger of Allah (saws) gave her choice, and said to her: If he has intercourse with you, then there is no choice for you.

Yahya related to me from Malik that he had heard that Abu Bakr ibn Abd ar-Rahman and Sulayman ibn Yasar and Ibn Shihab used to say, "When the divorced woman enters the beginning of her third period, she is clearly separated from her husband and there is no inheritance between them and he has no access to her."

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that Amra bint Abd ar-Rahman told him that she had heard A'isha, the umm al-muminin, say (when it was mentioned to her that Abdullah ibn Umar used to say, "The dead are tormented by the weeping of the living"), "May Allah forgive Abu Abd ar-Rahman. Of course he has not lied, but he has forgotten, or made a mistake. The Messenger of Allah, may Allah bless him and grant him peace, passed by a jewish woman whose family were crying over her and he said, 'You are crying over her, and she is being tormented in her grave. ' "

108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''

Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

The above tradition has been transmitted by ‘Abd Allaah bin Al Fadl through his chain of narrators and with different meaning. The version goes “A woman without a husband has more right to her person than her guardian and the father of a virgin should ask her permission about herself.”

Abu Dawud said “ The word “her father” is not guarded.

Regarding the Verse:--"If a woman fears cruelty or desertion on her husband's part." (4.128) It is about a man who has a woman (wife) and he does not like her and wants to divorce her but she says to him, "I make you free as regards myself." So this Verse was revealed in this connection.

The Prophet said, "He who has a slave-girl and teaches her good manners and improves her education and then manumits and marries her, will get a double reward; and any slave who observes Allah's right and his master's right will get a double reward."

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."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "When a man comes to his wife in her room, he is believed. When she comes to him in his room, she is believed."

Malik commented, "I think that this refers to sexual intercourse. When he comes in to her in her room and she says, 'He has had intercourse with me' and he says, 'I have not touched her', he is believed. When she comes in to him in his room and he says, 'I have not had intercourse with her' and she says, 'He had intercourse with me', she is believed."

I intended to buy Barirah but her masters stipulated that her Wala should be for them. When the Prophet was told about it, he said to me, "Buy and manumit her, as the Wala' is for the liberator." Once Barirah was given some meat, and the Prophet asked, "What is this?" I said, "It has been given to Barirah in charity." He said, "It is sadaqa for her but a gift for us." Barirah was given the option (to stay with her husband or to part with him). `Abdur-Rahman (a sub-narrator) wondered, "Was her husband a slave or a free man?" Shu`ba (another sub-narrator) said, "I asked `Abdur-Rahman whether her husband was a slave or a free man. He replied that he did not know whether he was a slave or a free man."

A similar tradition (to the No. 4445) has also been transmitted by Salamah ibn al-Muhabbaq from the Prophet (saws).

This version has: If she asked her to have intercourse with her voluntarily, then she and a similar slave-girl would be given to her mistress from his property.

The Messenger of Allah (saws) intended to perform hajj.

A woman said to her husband: Let me perform hajj along with the Messenger of Allah (saws).

He said: I have nothing on which I can let you perform hajj. She said: You may perform hajj on your such-and-such camel. He said: That is dedicated to the cause of Allah, the Exalted. He then came to the Messenger of Allah (saws) and said: My wife has conveyed her greetings and the blessings of Allah to you. She has asked about performing hajj along with you. She said (to me): Let me perform hajj with the Messenger of Allah (saws). I said (to her): I have nothing upon which I can let you perform hajj. She said: Let me perform hajj on your such-and-such camel. I said: That is dedicated to the cause of Allah, The Exalted.

He replied: If you let her perform hajj on it, that would be in the cause of Allah.

He said: She has also requested me to ask you: What is that action which is equivalent to performing hajj with you?

The Messenger of Allah (saws) said: Convey my greetings, the mercy of Allah and His blessings to her and tell her that umrah during Ramadan is equivalent to performing hajj along with me.

The Prophet (saws) said: A guardian has no concern with a woman previously married and has no husband, and an orphan girl (i.e. virgin) must be consulted, her silence being her acceptance.

That when the Prophet (saws) was informed that the sister of 'Uqbah b. 'Amir had taken a vow to perform Hajj on foot, he said: Allah is not in need of her vow. So ask her to ride.

Abu Dawud said: Sa'ib b. 'Arubah has transmitted a similar tradition. Khalid has also transmitted a similar tradition on the authority of 'Ikrimah from the Prophet (saws).

That `Abdullah bin `Umar told him that he had divorced his wife while she was in her menses so `Umar informed Allah's Apostle of that. Allah's Apostle became very angry at that and said, "(Ibn `Umar must return her to his house and keep her as his wife till she becomes clean and then menstruates and becomes clean again, whereupon, if he wishes to divorce her, he may do so while she is still clean and before having any sexual relations with her, for that is the legally prescribed period for divorce as Allah has ordered."

Ibn `Umar divorced his wife while she was having her menses. `Umar asked the Prophet who said, "Order him (your son) to take her back, and then divorced her before her period of the 'Iddah has elapsed." I asked Ibn `Umar, "Will that divorce (during the menses) be counted?" He replied, "If somebody behaves foolishly (will his foolishness be an excuse for his misbehavior)?"

The Prophet (saws) said: He who has intercourse with his wife through her anus is accursed.