That he had divorced his wife during her menses. `Umar mentioned that to the Prophet. Allah's Apostle became angry and said, "He must take her back (his wife) and keep her with him till she becomes clean from her menses and then to wait till she gets her next period and becomes clean again from it and only then, if he wants to divorce her, he may do so."

Yahya related to me from Malik that Ibn Shihab said, "Between the Islam of Safwan and the Islam of his wife there was about one month."

Ibn Shihab said, "We have not heard about any woman doing hijra for Allah and His Messenger while her husband was a kafir abiding in the land of kufr, but that her hijra separated her and her husband unless her husband came in hijra before her period of idda had been completed."

Malik was asked whether someone who went into a mosque to do itikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the mosque, had to do itikaf for the number of days that were left from the ten, or not, and if he did have to do so, then what month should he do it in, and he replied, "He should make up whatever he has to do of the itikaf when he recovers, whether in Ramadan or otherwise. I have heard that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do itikaf in Ramadan, but then came back without having done so, and then when Ramadan had gone, he did itikaf for ten days in Shawwal.

Some one who does itikaf voluntarily in Ramadan and some one who has to do itikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever did itikaf other than voluntarily."

Malik said, that if a woman did itikaf and then menstruated during her itikaf, she went back to her house, and, when she was pure again she returned to the mosque, at whatever time it was that she became pure. She then continued her itikaf from where she left off. This was the same situation as with a woman who had to fast two consecutive months, and who menstruated and then became pure. She then continued the fast from where she had left off and did not delay doing so.

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar from Abu Waqid al-Laythi that a man came to Umar ibn al-Khattab while he was in ash-Sham . He mentioned to him that he had found a man with his wife Umar sent Abu Waqid al-Laythi to the wife to question her about that. He came to her while there were women around her and mentioned to her what her husband had mentioned to Umar ibn al- Khattab, and informed her that she would not be punished on his word and began to suggest to her by that, that she should retract. She refused to retract and held firm to confession. Umar gave the order and she was stoned.

A woman embraced Islam during the time of the Messenger of Allah (saws); she then married. Her (former) husband then came to the Prophet (saws) and said: Messenger of Allah, I have already embraced Islam, and she had the knowledge about my Islam. The Messenger of Allah (saws) took her away from her latter husband and restored her to her former husband.

I asked `Aisha "Did the Prophet use to sleep while he was Junub?" She replied, "Yes, but he used to perform ablution (before going to bed).

A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah's Apostle, and asked him to allow them to treat her eyes with kohl, but he said, "She should not apply kohl to her eyes. (In the Pre-Islamic period of Ignorance) a widowed woman among you would stay in the worst of her clothes (or the worst part of her house) and when a year had elapsed, if a dog passed by her, she would throw a globe of dung, Nay, (she cannot use kohl) till four months and ten days have elapsed."

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."

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

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

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

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

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

After the slanderers had given a forged statement against her, Allah's Apostle called `Ali bin Abi Talib and Usama bin Zaid when the Divine Inspiration was delayed. He wanted to ask them and consult them about the question of divorcing me. Usama gave his evidence that was based on what he knew about my innocence, but `Ali said, "Allah has not put restrictions on you and there are many women other than her. Furthermore you may ask the slave girl who will tell you the truth." So the Prophet asked Barira (my salve girl), "Have you seen anything that may arouse your suspicion?" She replied, "I have not seen anything more than that she is a little girl who sleeps, leaving the dough of her family (unguarded) that the domestic goats come and eat it." Then the Prophet stood on the pulpit and said, "O Muslims! Who will help me against the man who has harmed me by slandering my wife? By Allah, I know nothing about my family except good." The narrator added: Then the Prophet mentioned the innocence of `Aisha. (See Hadith No. 274, Vol. 6)

Yahya related to me from Malik from Ibn Shihab that Rafi ibn Khadij married the daughter of Muhammad ibn Maslama al-Ansari. She was with him until she grew older, and then he married a young girl and preferred the young girl to her. She begged him to divorce her, so he divorced her and then he gave her time until she had almost finished her idda period and then he returned and still preferred the young girl. She therefore asked him to divorce her. He divorced her once, and then returned to her, and still preferred the young girl, and she asked him to divorce her. He said, "What do you want? There is only one divorce left. If you like, continue and put up with what you see of preference, and if you like, I will separate from you." She said, "I will continue in spite of the preference." He kept her in spite of that. Rafi did not see that he had done any wrong action when she remained with him in spite of preference.

[Muslim].

Yahya related to me from Malik from Nafi and Zayd ibn Aslam from Sulayman ibn Yasar that al-Ahwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Muawiya ibn Abi Sufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him, "When she began her third period, she was free from him and he was free from her, and he does not inherit from her nor she from him."

Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her.

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that Umm Sulayman said to the Messenger of Allah, may Allah bless him and grant him peace, "Should a woman do ghusl when she experiences the same as a man in her sleep?" The Messenger of Al lah said to her, "Yes, she should do ghusl. "A'isha said to her, "Shame on you! Does a woman see that?" (i.e. a liquid.) The Messenger of Allah, may Allah bless him and grant him peace, said to her, "May your right hand be full of dust. From where does family resemblance come?"

When I visited Aisha she said, "Barirah who had a written contract for her emancipation for a certain amount came to me and said, "O mother of the believers! Buy me and manumit me, as my masters will sell me." Aisha agreed to it. Barirah said, 'My masters will sell me on the condition that my Wala will go to them." Aisha said to her, 'Then I am not in need of you.' The Prophet heard of that or was told about it and so he asked Aisha, 'What is the problem of Barirah?' He said, 'Buy her and manumit her, no matter what they stipulate.' Aisha added, 'I bought and manumitted her, though her masters had stipulated that her Wala would be for them.' The Prophet said, The Wala is for the liberator, even if the other stipulated a hundred conditions."

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

When a woman went out in the time of the Prophet (saws) for prayer, a man attacked her and overpowered (raped) her.

She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.

She said: Yes, this is he. Then they brought him to the Messenger of Allah (saws).

When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Messenger of Allah, I am the man who did it to her.

He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death.

He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.

Abu Dawud said: Asbat bin Nasr has also transmitted it from Simak.

regarding the Verse: 'If a wife fears cruelty or desertion on her husband's part ...') (4.128) It concerns the woman whose husband does not want to keep her with him any longer, but wants to divorce her and marry some other lady, so she says to him: 'Keep me and do not divorce me, and then marry another woman, and you may neither spend on me, nor sleep with me.' This is indicated by the Statement of Allah: 'There is no blame on them if they arrange an amicable settlement between them both, and (such) settlement is better." (4.128)

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah and Sulayman ibn Yasar said about the virgin given by her father in marriage without her permission, "That is binding on her."

Allah's Apostle gave the judgment that a male or female slave should be given in Qisas for an abortion case of a woman from the tribe of Bani Lihyan (as blood money for the fetus) but the lady on whom the penalty had been imposed died, so the Prophets ordered that her property be inherited by her offspring and her husband and that the penalty be paid by her Asaba.

One of the two women of Hudhayl killed the other, Each of them had husband and sons. The Messenger of Allah (saws) fixed the blood-wit for the slain woman to be paid by the woman's relatives on the father's side. He declared her husband and the child innocent. The relatives of the woman who killed said: We shall inherit from her. The Messenger of Allah (saws) said: No, her sons and her husband should inherit from her.

'A'isha (Allah be pleased with her) reported that Aflah, the brother of Abu'l-Qu'ais, who was her uncle by reason of fosterage, came, and asked her permission (to enter the house) after seclusion (Hijab) was instituted. I refused to admit him. When Allah's Messenger (may peace be upon him) came, I informed him what I had done. He commanded me to grant him permission (as the brother of her foster-father was also her uncle).

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."

The sister of Ma'qal bin Yasar was divorced by her husband who left her till she had fulfilled her term of 'Iddat (i.e. the period which should elapse before she can Remarry) and then he wanted to remarry her but Maqal refused, so this Verse was revealed:-- "Do not prevent them from marrying their (former) husbands." (2.232)

A woman belonging to the tribe of Juhaynah (according to the version of Aban) came to the Prophet (saws) and said that she had committed fornication and that she was pregnant. The Messenger of Allah (saws) called her guardian.

Then the Messenger of Allah (saws) said to him: Be good to her, and when she bears a child, bring her (to me). When she gave birth to the child, he brought her (to him). The Prophet (saws) gave orders regarding her, and her clothes were tied to her. He then commanded regarding her and she was stoned to death. He commanded the people (to pray) and they prayed over her.

Thereupon Umar said: Are you praying over her, Messenger of Allah, when she has committed fornication?

He said: By Him in Whose hand my soul is, she has repented to such an extent that if it were divided among the seventy people of Medina, it would have been enough for them all. And what do you find better than the fact that she gave her life.

Aban did not say in his version: Then her clothes were tied to her.

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."

Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, "If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce."

Malik said, "That is what is done among us and there is no dispute about it."

I heard Allah's Apostle saying, "While I was sleeping, I was given a bowl full of milk (in a dream), and I drank of it to my fill until I noticed its wetness coming out of my nails, and then I gave the rest of it to `Umar." They (the people) asked, "What have you interpreted (about the dream)? O Allah's Apostle?" He said, "(It is Religious) knowledge."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Allah, the Blessed, the Exalted, sent down about a man who divorced his wife and then returned to her while he had no need of her and did not mean to keep her so as to make the idda period long for her by that in order to do her harm, "Do not retain them by force, to transgress. Whoever does that has wronged himself." (Sura 2 ayat 231). Allah warns them by that ayat.

Regarding the Qur'anic Verse: 'O you who believe! You are forbidden to inherit women against their will.' (4.19) The custom (in the Pre-lslamic Period) was that if a man died, his relatives used to have the right to inherit his wife, and if one of them wished, he could marry her, or they could marry her to somebody else, or prevent her from marrying if they wished, for they had more right to dispose of her than her own relatives. Therefore this Verse was revealed concerning this matter.

A black man or a black woman used to sweep the mosque and he or she died. The Prophet asked about her (or him). He was told that she (or he) had died. He said, "Why did you not inform me? Show me his grave (or her grave)." So he went to her (his) grave and offered her (his) funeral prayer."

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."

Yahya related to me from Malik from Yahya ibn Saqd that he had heard that as-Sa'ib ibn Khabbab died, and his wife went to Abdullah ibn Umar and mentioned to him that her husband had died and mentioned some land which they had at Qanah, (a district on the outskirts of Madina), and asked him if it would be alright for her to stay overnight there. He forbade her to do so. So, she went out before dawn from Madina and spent the whole day on their land, but when evening came, she spent the night in her house.

Malik said that a man who had committed fornication with a woman and the hadd-punishment had been applied to him for it, could marry that woman's daughter and his son could marry the woman herself if he wished. That was because he had haram relations with her, and the relations Allah had made haram were from the relations made in a halal manner or in a manner resembling marriage. Allah, the Blessed, the Exalted, said, "Do not marry the women your fathers have married. " (Sura 4 ayat 21)

Malik said, "If a man were to marry a woman in her idda-period in a halal marriage and have relations with her, it would be haram for his son to marry the woman. That is because the father married her in a halal manner, and the hadd-punishment would not have been applied to him. Any child who was born to him would be attached to him as the father. Just as it would be haram for the son to marry a woman whom his father had married in her idda-period and had relations with, so the woman's daughter would be haram for the father if he had had sexual relations with her."

The Prophet said, "While three persons were walking, rain began to fall and they had to enter a cave in a mountain. A big rock rolled over and blocked the mouth of the cave. They said to each other, 'Invoke Allah with the best deed you have performed (so Allah might remove the rock)'. One of them said, 'O Allah! My parents were old and I used to go out for grazing (my animals). On my return I would milk (the animals) and take the milk in a vessel to my parents to drink. After they had drunk from it, I would give it to my children, family and wife. One day I was delayed and on my return I found my parents sleeping, and I disliked to wake them up. The children were crying at my feet (because of hunger). That state of affairs continued till it was dawn. O Allah! If You regard that I did it for Your sake, then please remove this rock so that we may see the sky.' So, the rock was moved a bit. The second said, 'O Allah! You know that I was in love with a cousin of mine, like the deepest love a man may have for a woman, and she told me that I would not get my desire fulfilled unless I paid her one-hundred Dinars (gold pieces). So, I struggled for it till I gathered the desired amount, and when I sat in between her legs, she told me to be afraid of Allah, and asked me not to deflower her except rightfully (by marriage). So, I got up and left her. O Allah! If You regard that I did if for Your sake, kindly remove this rock.' So, two-thirds of the rock was removed. Then the third man said, 'O Allah! No doubt You know that once I employed a worker for one Faraq (three Sa's) of millet, and when I wanted to pay him, he refused to take it, so I sowed it and from its yield I bought cows and a shepherd. After a time that man came and demanded his money. I said to him: Go to those cows and the shepherd and take them for they are for you. He asked me whether I was joking with him. I told him that I was not joking with him, and all that belonged to him. O Allah! If You regard that I did it sincerely for Your sake, then please remove the rock.' So, the rock was removed completely from the mouth of the cave."

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."

Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her."

Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods."

He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

The Prophet used to pray while I was sleeping across in his bed in front of him. Whenever he wanted to pray witr, he would wake me up and I would pray witr.