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

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

29.2 Divorce by Euphemistic Statements

(the freed slave of Al-Mughira bin Shu`ba) Muawiya wrote to Mughira. 'Write to me what you heard the Prophet saying after his prayer.' So Al-Mughira dictated to me and said, "I heard the Prophet saying after the prayer, 'None has the right to be worshipped but Allah Alone Who has no partner. O Allah! No-one can withhold what You give, and none can give what You withhold, and the fortune of a man of means is useless before You (i.e., only good deeds are of value).

Malik related to me from Abdullah ibn Dinar that Abdullah ibn Umar wrote to Abd al-Malik ibn Marwan, making an oath of allegiance. He wrote, "In the name of Allah, the Merciful, the Compassionate. To the slave of Allah, Abd al-Malik, the amir al-muminin, Peace be upon you. I praise Allah to you. There is no god but Him. I acknowledge your right to my hearing and my obedience according to the sunna of Allah and the sunna of His Prophet, in what I am able."

When Al-Hasan bin `Ali moved with army units against Muawiya, `Amr bin AL-As said to Muawiya, "I see an army that will not retreat unless and until the opposing army retreats." Muawiya said, "(If the Muslims are killed) who will look after their children?" `Amr bin Al-As said: I (will look after them). On that, `Abdullah bin 'Amir and `Abdur-Rahman bin Samura said, "Let us meet Muawaiya and suggest peace." Al-Hasan Al-Basri added: No doubt, I heard that Abu Bakra said, "Once while the Prophet was addressing (the people), Al-Hasan (bin `Ali) came and the Prophet said, 'This son of mine is a chief, and Allah may make peace between two groups of Muslims through him."

`Abdullah bin Abi `Aufa wrote and I read what he wrote that Allah's Apostle said, "When you face them ( i.e. your enemy) then be patient."

Abu Dawud said “I heard Muhammad bin Isa narrating this tradition who said Mu’tamar narrated it to us. And he (Mu’tamar) said “ I heard Al Hakam bin Aban narrating this tradition. He did not mention the name of Ibn ‘Abbas.

Abu Dawud said “Al Hussain bin Huraith wrote to me saying “Al Fadl bin Musa narrated from Ibn ‘Abbas to the same effect from the Prophet(saws).

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam was brought a man who had snatched some goods and he wanted to cut off his hand. He sent to Zayd ibn Thabit to ask him about it. Zayd ibn Thabit said to him, "The hand is not cut off for what is stolen by chance, openly, in haste."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that he heard Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham say, "My father and I were with Marwan ibn al Hakam at the time when he was amir of Madina, and someone mentioned to him that Abu Hurayra used to say, 'If someone begins the morning junub, he has broken the fast for that day.' Marwan said, 'I swear to you, Abdar-Rahman, you must go to the two umm al muminin, A'isha and Umm Salama, and ask them about it.'

''Abd ar-Rahman went to visit A'isha and I accompanied him. He greeted her and then said, 'Umm al-muminin, we were with Marwan ibn al Hakam and someone mentioned to him that Abu Hurayra used to say that if some one had begun the morning junub, he had broken the fast for that day.' A'isha said, 'It is not as Abu Hurayra says Abd ar-Rahman. Do you dislike what the Messenger of Allah, may Allah bless him and grant him peace, used to do?', and Abd ar-Rahman said, 'No, by Allah.' A'isha said, 'I bear witness that the Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, and would then fast for that day.' "

He continued, "Then we went and visited Umm Salama, and Abd ar- Rahman asked her about the same matter and she said the same as A'isha had said. Then we went off until we came to Marwan ibn al-Hakam Abd ar-Rahman told him what they had both said and Marwan said, 'I swear to you, Abu Muhammad, you must use the mount which is at the door, and go to Abu Hurayra, who is on his land at al Aqiq, and tell him this.' So Abd ar-Rahman rode off, and I went with him, until we came to Abu Hurayra. Abd ar-Rahman talked with him for a while, and then mentioned the matter to him, and Abu Hurayra said, 'I don't know anything about it. I was just told that by someone.'"

Yahya related to me from Malik from Ibn Shihab that Humay ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar in the year that he performed the hajj, holding a lock of hair (i.e. a hairpiece) which he took from one of his guards, "People of Madina! Where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, forbid the like of this, saying, 'The Banu Israil were destroyed when their women started to use this.' "

By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."

That he heard Marwan bin Al-Hakam and Al-Miswar bin Makhrama relating one of the events that happened to Allah's Apostle in the `Umra of Al-Hudaibiya. They said, "When Allah's Apostle concluded the truce with Suhail bin `Amr on the day of Al-Hudaibiya, one of the conditions which Suhail bin `Amr stipulated, was his saying (to the Prophet), "If anyone from us (i.e. infidels) ever comes to you, though he has embraced your religion, you should return him to us, and should not interfere between us and him." Suhail refused to conclude the truce with Allah's Apostle except on this condition. The believers disliked this condition and got disgusted with it and argued about it. But when Suhail refused to conclude the truce with Allah's Apostle except on that condition, Allah's Apostle concluded it. Accordingly, Allah's Apostle then returned Abu Jandal bin Suhail to his father, Suhail bin `Amr, and returned every man coming to him from them during that period even if he was a Muslim. The believing women Emigrants came (to Medina) and Um Kulthum, the daughter of `Uqba bin Abi Mu'ait was one of those who came to Allah's Apostle and she was an adult at that time. Her relatives came, asking Allah's Apostle to return her to them, and in this connection, Allah revealed the Verses dealing with the believing (women).

Yahya related to me from Malik from Abdullah ibn Yazid, the mawla of al-Aswad ibn Sufyan from Abu Salama ibn Abd ar-Rahman ibn Awf from Fatima bint Qays that Abu Amr ibn Hafs divorced her absolutely while he was away in Syria. His agent sent her some barley and she was displeased with it, saying, "By Allah, I don't expect anything from you." She went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned it to him. He said, "You have no maintenance." He then ordered her to spend her idda in the house of Umm Sharik. Then he said, "This is a woman whom my companions visit. Spend the idda in the house of Ibn Umm Maktum. He is a blind man and you can undress at his home. When you are free to remarry, tell me."

She continued, "When I was free to remarry, I mentioned to him that Muawiya ibn Abi Sufyan and Abu Jahm ibn Hisham had asked for me in marriage. The Messenger of Allah, may Allah bless him and grant him peace, said, 'As for Abu Jahm, he never puts down his stick from his shoulder (i.e. he is always travelling), and as for Muawiya he is a poor man with no property. Marry Usama ibn Zayd.' I objected to him and he said, 'Marry Usama ibn Zayd,' so I married him, and Allah put good in it and I was content with him."

Yahya related to me from Malik from Ibn Shihab that Humayd ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar on the day of Ashura in the year in which he made the hajj, "People of Madina, where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, say about this day, 'This is the day of Ashura, and fasting it has not been prescribed for you. I am fasting it, and whoever of you wants to fast it can do so, and whoever does not want to, does not have to.' "

`Abdul-Malik bin Marwan wrote to Al-Hajjaj that he should follow `Abdullah bin `Umar in all the ceremonies of Hajj. So when it was the Day of `Arafat (9th of Dhul-Hijja), and after the sun has deviated or has declined from the middle of the sky, I and Ibn `Umar came and he shouted near the cotton (cloth) tent of Al-Hajjaj, "Where is he?" Al-Hajjaj came out. Ibn `Umar said, "Let us proceed (to `Arafat)." Al-Hajjaj asked, "Just now?" Ibn `Umar replied, "Yes." Al-Hajjaj said, "Wait for me till I pour water on me (i.e. take a bath)." So, Ibn `Umar dismounted (and waited) till Al-Hajjaj came out. He was walking between me and my father. I informed Al-Hajjaj, "If you want to follow the Sunna today, then you should shorten the sermon and then hurry up for the stay (at `Arafat)." Ibn `Umar said, "He (Salim) has spoken the truth."

`Uthman bin `Affan was afflicted with severe nose-bleeding in the year when such illness was prevelant and that prevented him from performing Hajj, and (because of it) he made his will. A man from Quraish came to him and said, "Appoint your successor." `Uthman asked, "Did the people name him? (i.e. the successor) the man said, "Yes." `Uthman asked, "Who is that?" The man remained silent. Another man came to `Uthman and I think it was Al-Harith. He also said, "Appoint your successor." `Uthman asked, "Did the people name him?" The man replied "Yes." `Uthman said, "Who is that?" The man remained silent. `Uthman said, "Perhaps they have mentioned Az-Zubair?" The man said, "Yes." `Uthman said, "By Him in Whose Hands my life is, he is the best of them as I know, and the dearest of them to Allah's Apostle ."

Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and later asked him about her. He said, "I intended to give her to my son to do such-and-such with her." Abd al-Malik said, "Marwan was more scrupulous than you. He gave a slave-girl to his son, and then he said, 'Do not go near her, for I have seen her leg uncovered .' "

I passed by a place called Ar-Rabadha and by chance I met Abu Dhar and asked him, "What has brought you to this place?" He said, "I was in Sham and differed with Muawiya on the meaning of (the following verses of the Qur'an): 'They who hoard up gold and silver and spend them not in the way of Allah.' (9.34). Muawiya said, 'This verse is revealed regarding the people of the scriptures." I said, It was revealed regarding us and also the people of the scriptures." So we had a quarrel and Mu'awiya sent a complaint against me to `Uthman. `Uthman wrote to me to come to Medina, and I came to Medina. Many people came to me as if they had not seen me before. So I told this to `Uthman who said to me, "You may depart and live nearby if you wish." That was the reason for my being here for even if an Ethiopian had been nominated as my ruler, I would have obeyed him .

It was narrated that Masarrah bin Ma`bad said: Yazeed bin Abi Kabshah led us in praying `Asr, then he turned to us after the prayer and said: I prayed with Marwan bin al-Hakam and he did two prostrations like these, then he turned to us and told us that he prayed with ‘Uthman (رضي الله عنه), who narrated from the Prophet (ﷺ) ... and he mentioned a similar report.

Muawiya offered one rak`a witr prayer after the `Isha prayer, and at that time a freed slave of Ibn `Abbas was present. He (i.e. the slave) went to Ibn `Abbas (and told him that Muawiya offered one rak`a witr prayer). Ibn `Abbas said, "Leave him, for he was in the company of Allah's Apostle."

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

The Prophet (saws) said: If any of you prays two rak'ahs before the dawn prayer, he should lie at his right side.

Marwan ibn al-Hakam said to him: Is it not enough that one of us walks to the mosque until he lies at his right side? According to the version of Ubaydullah, he (AbuHurayrah) replied: No.

This statement (of AbuHurayrah) reached Ibn Umar. He said: AbuHurayrah exceed limits on himself. He was asked: Do you look askance at what he says? He replied: No, but he dared and we showed cowardice. This (criticism of Ibn Umar) reached AbuHurayrah. He said: What is my sin if I remembered and they forgot?

I saw Marwan bin Al-Hakam sitting in the Mosque. So I came forward and sat by his side. He told us that Zaid bin Thabit had told him that Allah's Apostle had dictated to him the Divine Verse: "Not equal are those believers who sit (at home) and those who strive hard and fight in the Cause of Allah with their wealth and lives.' (4.95) Zaid said, "Ibn-Maktum came to the Prophet while he was dictating to me that very Verse. On that Ibn Um Maktum said, "O Allah's Apostle! If I had power, I would surely take part in Jihad." He was a blind man. So Allah sent down revelation to His Apostle while his thigh was on mine and it became so heavy for me that I feared that my thigh would be broken. Then that state of the Prophet was over after Allah revealed "...except those who are disabled (by injury or are blind or lame etc.) (4.95)

Abu Sufyan said, "Heraclius sent for me when I was in 'llya' (i.e. Jerusalem). Then he asked for the letter of Allah's Apostle and when he had finished its reading there was a great hue and cry around him and the voices grew louder and we were asked to quit the place. When we were turned out, I said to my companions, 'The cause of Ibn Abi Kabsha has become conspicuous as the King of Bani Al- Asfar is afraid of him.' "

The Messenger of Allah (saws) gave him that wood as a protected land.

When Umar ibn al-Khattab succeeded, Sufyan ibn Wahb wrote to Umar asking him about this wood. Umar ibn al-Khattab wrote to him: If he (Hilal) pays you the tithe on honey what he used to pay to the Messenger of Allah (saws), leave the protected land of Salabah in his possession; otherwise those bees are like those of any wood; anyone can take the honey as he likes.

That while he was with a delegation from Quraish to Muawiya, the latter heard the news that `Abdullah bin `Amr bin Al-`As said that there would be a king from the tribe of Qahtan. On that Muawiya became angry, got up and then praised Allah as He deserved, and said, "Now then, I have heard that some men amongst you narrate things which are neither in the Holy Book, nor have been told by Allah's Apostle. Those men are the ignorant amongst you. Beware of such hopes as make the people go astray, for I heard Allah's Apostle saying, 'Authority of ruling will remain with Quraish, and whoever bears hostility to them, Allah will destroy him as long as they abide by the laws of the religion.' "

That the Messenger of Allah (saws) said: "As for me, I do not eat while reclining."

He said: There are narrations on this topic from 'Ali, 'Abdullah bin 'Amr, and 'Abdullah bin Al-'Abbas.

[Abu 'Eisa said:] This Hadith is Hasan Sahih, we do not know of it except as a narration of 'Ali bin Al-Aqmar. Zakariyya bin Abi Za'idah, Sufyan bin Sa'eed, and other reported this Hadith from 'Ali bin Al-Aqmar. And Shu'bah reported this Hadith from Sufyan Ath-Thawri from 'Ali bin Al-Aqmar.

Abu Bakra wrote to his son who was in Sijistan: 'Do not judge between two persons when you are angry, for I heard the Prophet saying, "A judge should not judge between two persons while he is in an angry mood."

Yahya related to me from Malik from Yahya ibn Said from Wafid ibn Amr ibn Said ibn Muadh from Nafi ibn Jubayr ibn Mutim from Masud ibn al-Hakam from AIi ibn Abi Talib that the Messenger of Allah, may Allah bless him and grant him peace, used to stand up when a funeral procession passed by, and then sit down again afterwards.