Allah's Apostle said, "A lady slave should not be given in marriage until she is consulted, and a virgin should not be given in marriage until her permission is granted." The people said, "How will she express her permission?" The Prophet said, "By keeping silent (when asked her consent)." Some people said, "If a man, by playing a trick, presents two false witnesses before the judge to testify that he has married a matron with her consent and the judge confirms his marriage, and the husband is sure that he has never married her (before), then such a marriage will be considered as a legal one and he may live with her as husband."

that her father gave her in marriage when she was a matron and she disliked that marriage. So she went to Allah's Apostle and he declared that marriage invalid.

'Abd al-Malik b. Rabi' b. Sabraal-Juhanni reported on the authority of his father who narrated it on the authority of his father (i e. 'Abd al-Malik's grandfather, Sabura al-Juhanniy Allah's Messenger (may peace be upon him) permitted us to contract temporary marriage in the Year of Victory, as we entered Mecca, and we did come out of it but he forbade us to do it.

Rifa`a divorced his wife whereupon `AbdurRahman bin Az-Zubair Al-Qurazi married her. `Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband and showed her a green spot on her skin caused by beating). It was the habit of ladies to support each other, so when Allah's Apostle came, `Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!" When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but he is impotent and is as useless to me as this," holding and showing the fringe of her garment, `Abdur-Rahman said, "By Allah, O Allah's Apostle! She has told a lie! I am very strong and can satisfy her but she is disobedient and wants to go back to Rifa`a." Allah's Apostle said, to her, "If that is your intention, then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you." Then the Prophet saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow,"

`Ali was told that Ibn `Abbas did not see any harm in the Mut'a marriage. `Ali said, "Allah's Apostle forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat." Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others said, "The marriage is valid but its condition is illegal."

Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

That her father gave her in marriage when she was a matron and she disliked that marriage. So she came and (complained) to the Prophets and he declared that marriage invalid. (See Hadith No. 69, Vol. 7)

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

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.

This hadith has been narrated on the authority of Rabi' b. Sabra that Allah's Messenger (may peace be upon him) forbade to contract temporary marriage with women at the time of Victory, and that his father had contracted the marriage for two red cloaks.

The Prophet married Maimuna while he was in the state of Ihram, (only the ceremonies of marriage were held).

Yahya related to me from Malik that Ibn Shihab said, "The full blood-money for murder when it is accepted is twenty-five yearlings, twenty-five two-year-olds, twenty-five four-year-olds, and twenty-five five-year-olds."

Sabra b. Ma'bad reported that Allah's Apostle (may peace be upon him) permitted his Companions to contract temporary marriage with women in the Year of Victory. So I and a friend of mine from Banu Sulaim went out, until we found a young woman of Banu Amir who was like a young she-camel having a long neck. We proposed to her for contracting temporary marriage with us, and presented to her our cloaks (as dower). She began to look and found me more handsome than my friend, but found the cloak of my friend more beautiful than my cloak. She thought in her mind for a while, but then preferred me to my friend. So I remained with her for three (nights), and then Allah's Messenger (may peace be upon him) commanded us to part with them (such women).

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

That he had asked `Aisha about the meaning of the Statement of Allah: "If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (Other) women of your choice Two or three or four." (4.3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4.127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

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."

`Abdur Rahman bin `Auf married a woman and gave her gold equal to the weight of a date stone (as Mahr). When the Prophet noticed the signs of cheerfulness of the marriage (on his face) and asked him about it, he said, "I have married a woman and gave (her) gold equal to a date stone in weight (as Mahr).

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not ask for a woman in marriage when another muslim has already done so."

Malik said, "The explanation of the statement of the Messenger of Allah, may Allah bless him and grant him peace, according to what we think - and Allah knows best - is that 'Do not ask for a woman in marriage when another muslim has already done so' means that when a man has asked for a woman in marriage, and she has inclined to him and they have agreed on a bride-price, which she has suggested and with which they are mutually satisfied, it is forbidden for another man to ask for that woman in marriage. It does not mean that when a man has asked for a woman in marriage, and his suit does not agree with her and she does not incline to him that no one else can ask for her in marriage. That is a door to misery for people."

Allah's Apostle said, "A woman and her paternal aunt should not be married to the same man; and similarly, a woman and her maternal aunt should not be married to the same man."

The Prophet married Maimuna while he was in the state of lhram but he consummated that marriage after finishing that state. Maimuna died at Saraf (i.e. a place near Mecca).

Yahya related to me from Malik, from Nafi, that Abdullah ibn Umar used to say, "Someone in ihram may neither get married, nor arrange a marriage for himself or others."

The Prophet (saws) said: When one of you asked a woman in marriage, if he is able to look at what will induce him to marry her, he should do so. He (Jabir) said: I asked a girl in marriage, I used to look at her secretly, until I looked at what induced me to marry her. I, therefore, married her.

Malik said, "There is no harm in someone who is in itikaf entering into a marriage contract as long as there is no physical relationship. A woman in itikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in itikaf in relation to his womenfolk during the day is haram for him during the night."

Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in itikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man, or woman, in itikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting."

"There is, however, a distinction between the marriage of someone in itikaf and that of someone who is muhrim, in that some one who is muhrim can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in itikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different."

"This is the sunna as it has come down to us regarding marriage for those who are muhrim, doing itikaf, or fasting.

When I got married, Allah's Apostle said to me, "What type of lady have you married?" I replied, "I have married a matron' He said, "Why, don't you have a liking for the virgins and for fondling them?" Jabir also said: Allah's Apostle said, "Why didn't you marry a young girl so that you might play with her and she with you?'

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Abd ar-Rahman and Mujamma the sons of Yazid ibn Jariya al-Ansari from Khansa bint Khidam al-Ansariya that her father gave her in marriage and she had been previously married. She disapproved of that, and went to the Messenger of Allah, may Allah bless him and grant him peace, and he revoked the marriage.

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that 'Umar ibn al-Khattab decided about the woman who was married by a man and the marriage had been consummated, that the bride-price was obligatory.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab, Salim ibn Abdullah and Sulayman ibn Yasar were asked about whether someone in ihram could get married, and they said, "Some one in ihram may neither get married nor give some one in marriage."

Malik said that a man who was in ihram could return to his wife if he wanted to, if she was still in her idda after she had been divorced from him.

The Prophet said, "A prophet among the prophets went for a military expedition and said to his people: "A man who has married a lady and wants to consummate his marriage with her and he has not done so yet, should not accompany me.' "

Ibn Umar (Allah be pleased with them) said that Allah's Messenger (may peace be upon him) prohibited Shighar which means that a man gives his daughter in marriage on the condition that the other gives his daughter to him in marriage with- out any dower being paid by either.