Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet was asked if she could legally marry the first husband (or not). The Prophet replied, "No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done."

AbuGhutayf al-Hudhali reported: I was in the company of Ibn Umar. When the call was made for the noon (zuhr) prayer, he performed ablution and said the prayer. When the call for the afternoon ('asr) prayer was made, he again performed ablution. Thus I asked him (about the reason of performing ablution). He replied: The Messenger of Allah (saws) said: For a man who performs ablution in a state of purity, ten virtuous deeds will be recorded (in his favour).

AbuDawud said: This is the tradition narrated by Musaddad, and it is more perfect.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim from his father that Amr ibn Sulaym az-Zuraqi said, "Abu Humayd as-Saidi told me that they asked the Messenger of Allah, may Allah bless him and grant him peace, how they were to ask for blessings upon him and he replied that they should say, 'O Allah, bless Muhammad and his wives and his descendants asYou blessed the family of Ibrahim, and give baraka to Muhammad and his wives and his descendants as You gave baraka to the family of Ibrahim. You are worthy of Praise and Glorious.'"

Allahumma salli ala Muhammad wa azwajihi wa alihi kama sallaita ala ali Ibrahim, wa barakaala Muhammad wa azwajihi wa alihi kama baraktaalaali Ibrahim, innaka Hamidu'm - Majid.

They came to an-Nu'man and said: You have set them free without beating and investigation. An-Nu'man said: What do you want? You want me to beat them. If your goods are found with them, then it is all right; otherwise, I shall take (retaliation) from your back as I have taken from their backs. They asked: Is this your decision? He said: This is the decision of Allah and His Apostle (saws).

Abu Dawud said: By this statement he frightened them ; that is, beating is not necessary except after acknowledgement.

Abu Dawud said: The Prophet (saws) kept apart from some of his wives for forty days, and Ibn 'Umar kept apart from his son till he died.

Abu Dawud said: If keeping apart is meant for the sake of Allah, then it has no concern with it. 'Umar bin 'Abd al-'Aziz covered his face from a man.

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,"

At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names You still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.' "

Yahya related to me from Malik from Nafi that Ubaydullah ibn Abdullah ibn Umar sent a question to A'isha asking her, "May a man fondle his wife when she is menstruating?" She replied, "Let her wrap her waist-wrapper around her lower part and then he may fondle her if he wishes."

Hind bint `Utba said, "O Allah's Apostle! Abu Sufyan is a miser and he does not give me what is sufficient for me and my children. Can I take of his property without his knowledge?" The Prophet said, "Take what is sufficient for you and your children, and the amount should be just and reasonable.

We came to Jabir ibn Abdullah who was sitting in his mosque. He said: The Messenger of Allah (saws) came to us in this mosque and he had a twig of date-palm of the kind of Ibn Tab. He looked and saw phlegm on the wall towards qiblah. He turned to it and scraped it with the twig.

He then said: Who of you likes that Allah turns His face from him? He further said: When any of you stands for praying, Allah faces him. So he should not spit before him, nor on his right side. He should spit on his left side under his left foot. If he is in a hurry (i.e. forced to spit immediately), he should do with his cloth in this manner. He then placed the cloth on his mouth and rubbed it off.

He then said: Bring perfume. A young man of the tribe stood and hurried to his house and returned with perfume in his palm. The Messenger of Allah (saws) took it and put it at the end of the twig. He then stained the mark of phlegm with it.

Jabir said: This is the reason you use perfume in your mosques.

The Prophet said, "No man should stay with a lady in seclusion except in the presence of a Dhu- Muhram." A man stood up and said, "O Allah's Apostle! My wife has gone out intending to perform the Hajj and I have been enrolled (in the army) for such-and-such campaign." The Prophet said, "Return and perform the Hajj with your wife."

That he heard the Prophet saying, "It is not permissible for a man to be alone with a woman, and no lady should travel except with a Muhram (i.e. her husband or a person whom she cannot marry in any case for ever; e.g. her father, brother, etc.)." Then a man got up and said, "O Allah's Apostle! I have enlisted in the army for such-and-such Ghazwa and my wife is proceeding for Hajj." Allah's Apostle said, "Go, and perform the Hajj with your wife."

A man came to the Prophet and said that he had been burnt (ruined). The Prophet asked him what was the matter. He replied, "I had sexual intercourse with my wife in Ramadan (while I was fasting)." Then a basket full of dates was brought to the Prophet and he asked, "Where is the burnt (ruined) man?" He replied, "I am present." The Prophet told him to give that basket in charity (as expiation).

A man passed by Allah's Apostle and the Prophet asked a man sitting beside him, "What is your opinion about this (passer-by)?" He replied, "This (passer-by) is from the noble class of people. By Allah, if he should ask for a lady's hand in marriage, he ought to be given her in marriage, and if he intercedes for somebody, his intercession will be accepted. Allah's Apostle kept quiet, and then another man passed by and Allah's Apostle asked the same man (his companion) again, "What is your opinion about this (second) one?" He said, "O Allah's Apostle! This person is one of the poor Muslims. If he should ask a lady's hand in marriage, no-one will accept him, and if he intercedes for somebody, no one will accept his intercession, and if he talks, no-one will listen to his talk." Then Allah's Apostle said, "This (poor man) is better than such a large number of the first type (i.e. rich men) as to fill the earth."

"When the Prophet became seriously ill and his disease became aggravated he asked for permission from his wives to be nursed in my house and he was allowed. He came out with the help of two men and his legs were dragging on the ground. He was between Al-`Abbas and another man." 'Ubaidullah said, "I told Ibn `Abbas what `Aisha had narrated and he said, 'Do you know who was the (second) man whose name `Aisha did not mention'" I said, 'No.' Ibn `Abbas said, 'He was `Ali Ibn Abi Talib.' "

A man made his wife like the back of his mother. He then had intercourse with her before he atoned for it. He came to the Prophet (saws) and informed him of this matter. He asked (him): What moved you to the action you have committed? He replied: I saw the whiteness of her shins in moon light. He said: Keep away from her until you expiate for your deed.

Two men had a dispute in the presence of Allah's Apostle. One of them said, "O Allah's Apostle! Judge between us according to Allah's Laws." The other who was wiser, said, "Yes, O Allah's Apostle! Judge between us according to Allah's Laws and allow me to speak. The Prophet said, "Speak." He said, "My son was a laborer serving this (person) and he committed illegal sexual intercourse with his wife, The people said that my son is to be stoned to death, but I ransomed him with one-hundred sheep and a slave girl. Then I asked the learned people, who informed me that my son should receive one hundred lashes and will be exiled for one year, and stoning will be the lot for the man's wife." Allah's Apostle said, "Indeed, by Him in Whose Hand my soul is, I will judge between you according to Allah's Laws: As for your sheep and slave girl, they are to be returned to you." Then he scourged his son one hundred lashes and exiled him for one year. Then Unais Al- Aslami was ordered to go to the wife of the second man, and if she confessed (the crime), then stone her to death. She did confess, so he stoned her to death.

That he heard the Prophet delivering a sermon, and he mentioned the shecamel and the one who hamstrung it. Allah's Apostle recited:-- 'When, the most wicked man among them went forth (to hamstrung the she-camel).' (91.12.) Then he said, "A tough man whose equal was rare and who enjoyed the protection of his people, like Abi Zama went forth to (hamstrung) it." The Prophet then mentioned about the women (in his sermon). "It is not wise for anyone of you to lash his wife like a slave, for he might sleep with her the same evening." Then he advised them not to laugh when somebody breaks wind and said, "Why should anybody laugh at what he himself does?"

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Abu Musa al-Ashari came to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and said to her, "The disagreement of the companions in a matter which I hate to bring before you has distressed me." She said, "What is that? You did not ask your mother about it, so ask me." He said, "A man penetrates his wife, but becomes listless and does not ejaculate. "She said, "When the circumcised part passes the circumcised part ghusl is obligatory." Abu Musa added, "I shall never ask anyone about this after you."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab had heard in a letter from Iraq that a man said to his wife, "Your rein is on your withers (i.e. you have free rein)." Umar ibn al-Khattab wrote to his governor to order the man to come to him at Makka at the time of hajj. While Umar was doing tawaf around the House, a man met him and greeted him. Umar asked him who he was, and he replied that he was the man that he had ordered to be brought to him. Umar said to him, "I ask you by the Lord of this building, what did you mean by your statement, 'Your rein is on your withers.'?" The man replied, "Had you made me swear by other than this place, I would not have told you the truth. I intended separation by that." Umar ibn al- Khattab said, "It is what you intended."

The Prophet used to kiss and embrace (his wives) while he was fasting, and he had more power to control his desires than any of you. Said Jabir, "The person who gets discharge after casting a look (on his wife) should complete his fast."

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.

Umm Salama, the wife of Allah's Apostle (may peace be upon him), reported that Allah's Messenger (may peace be upon him) said to a small girl in the house of Umm Salama that he had been seeing on her face black stains and told her that that was due to the infiluence of an evil eye, and he asked that she should be cured with the help of incantation (hoping) that her face should become spotles.

I asked the Prophet, "What is the greatest sin in the Sight of Allah?" He said, "That you set up a rival unto Allah though He Alone created you." I said, "That is indeed a great sin." Then asked, "What is next?" He said, "To kill your son lest he should share your food with you." I asked, "What is next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

(the wife of the Prophet) When the health of Allah's Apostle deteriorated and his condition became serious, he asked the permission of all his wives to allow him to be treated In my house, and they allowed him. He came out, supported by two men and his legs were dragging on the ground between `Abbas and another man. (The sub-narrator told Ibn `Abbas who said: Do you know who was the other man whom `Aisha did not mention? The sub-narrator said: No. Ibn `Abbas said: It was `Ali.) `Aisha added: When the Prophet entered my house and his disease became aggravated, he said, "Pour on me seven water skins full of water (the tying ribbons of which had not been untied) so that I may give some advice to the people." So we made him sit in a tub belonging to Hafsa, the wife of the Prophet and started pouring water on him from those water skins till he waved us to stop. Then he went out to the people and led them in prayer and delivered a speech before them.

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, "Is this thing in my land? I adjure you, you must tell me." Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan. If he does not bring four witnesses, then let him be completely handed over," (to the relatives of the murdered man).

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two men brought a dispute to the Messenger of Allah, may Allah bless him and grant him peace. One of them said, "Messenger of Allah! Judge between us by the Book of Allah!" The other said, and he was the wiser of the two, "Yes, Messenger of Allah. Judge between us by the Book of Allah and give me permission to speak." He said, "Speak." He said, "My son was hired by this person and he committed fornication with his wife. He told me that my son deserved stoning, and I ransomed him for one hundred sheep and a slave-girl. Then I asked the people of knowledge and they told me that my son deserved to be flogged with one hundred lashes and exiled for a year, and they informed me that the woman deserved to be stoned." The Messenger of Allah, may Allah bless him and grant him peace, said, "By him in whose Hand myself is, I will judge between you by the Book of Allah. As for your sheep and slave girl, they should be returned to you. Your son should have one hundred lashes and be exiled for a year." He ordered Unays al-Aslami to go to the wife of the other man and to stone her if she confessed . She confessed and he stoned her.

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said when asked whether it was permissible for a man to marry again a wife he had divorced irrevocably if she had married another man who divorced her before consummating the marriage, "Not until she has tasted the sweetness of intercourse."

I can still picture myself looking at the Messenger of Allah (saws) who was among the camps of the Companions seeking the camp of Khalid ibn al-Walid, when a man who had drunk wine was brought before him. He asked the people: Beat him. Some struck him with sandals, some with sticks and some with fresh branches of the palm-tree (mitakhah). Ibn Wahb said: This (mitakhah) means green palm fronds. Then the apostle of Allah (saws) took some dust from the ground and threw it on his face.

Hind (bint `Utba) said to the Prophet "Abu Sufyan is a miserly man and I need to take some money of his wealth." The Prophet said, "Take reasonably what is sufficient for you and your children "

while I was wandering in search of my camels which had strayed, a caravan or some horsemen carrying a standard came forward. The bedouin began to go round me for my position with the Prophet (saws). They came to a domed structure, took out a man from it, and struck his neck. I asked about him. They told me that he had married his father's wife.

Ubaidullah bin `Abdullah told me that `Aisha had said, "When the Prophet became sick and his condition became serious, he requested his wives to allow him to be treated in my house, and they allowed him. He came out leaning on two men while his feet were dragging on the ground. He was walking between Al-`Abbas and another man." 'Ubaidullah said, "When I informed Ibn `Abbas of what `Aisha had said, he asked me whether I knew who was the second man whom `Aisha had not named. I replied in the negative. He said, 'He was `Ali bin Abi Talib."

About the Qur'anic verse: "It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them. When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter.

A man fell ill and a cry was raised (for his death). So his neighbour came to the Messenger of Allah (saws) and said to him: He has died. He asked: Who told you? He said: I have seen him. The Messenger of Allah (saws) said: He has not died. He then returned.

A cry was again raised (for his death). He came to the Messenger of Allah (saws) and said: He has died. The Prophet (saws) said: He has not died. He then returned.

A cry was again raised over him. His wife said: Go to the Messenger of Allah (saws) and inform him. The man said: O Allah, curse him.

He said: The man then went and saw that he had killed himself with an arrowhead. So he went to the Prophet (saws) and informed him that he had died.

He asked: Who told you? He replied: I myself saw that he had killed himself with arrowheads. He asked: Have you seen him? He replied: Yes. He then said: Then I shall not pray over him.

I asked Ibn `Umar, "Can a person who has performed the Tawaf around the Ka`ba for `Umra but has not performed the (Sa`i) Tawaf of Safa and Marwa, have a sexual relation with his wife?" Ibn `Umar replied "When the Prophet reached Mecca he performed the Tawaf around the Ka`ba (circumambulated it seven times) and offered a two-rak`at prayer (at the place) behind the station (of Abraham) and then performed the Tawaf (Sa`i) of Safa and Marwa, and verily in Allah's Apostle you have a good example." Then we put the same question to Jabir bin `Abdullah and he too replied, "He should not go near his wife (for sexual relation) till he has finished the Tawaf of Safa and Marwa."

Hisham ibn Sa'd reported: We entered upon Mu'adh ibn Abdullah ibn Khubayb al-Juhani. He said to his wife: When (at what age) should a boy pray? She replied: Some person of us reported: The Messenger of Allah (saws) was asked about it; he said: When a boy distinguishes right hand from the left hand, then command him to pray.

27 Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, if he was travelling in Ramadan and knew that he would reach Madina at the begining of the day ,would do so fasting.

Yahya said that Malik said, "Someone who is travelling and knows that he will be reaching his people in the first part of the day, and then dawn breaks before he gets there, should be fasting when he gets there."

Malik said, "Someone who intends to go away (on a journey) in Ramadan, and then dawn breaks while he is still on his land before he has left, should fast that day."

Malik said that a man who returns from a journey in Ramadan and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.

Malik related to me from Suhayl ibn Abi Salih from his father from Abu Hurayra that Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, "What do you think I should do if I were to find a man with my wife? Should I leave him there until I had brought four witnesses?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Yes."

Yahya related to me from Malik that Said ibn Abd ar-Rahman ibn Ruqash said, "I saw Anas ibn Malik come and squat and urinate.Then water was brought and he did wudu. He washed his face, then his arms to the elbows, and then he wiped his head and wiped over his leather socks. Then he came to the mosque and prayed."

Yahya said that Malik was asked whether a man who did wudu for prayerand then put on his leather socks, and then urinated and took them off and put them back on again, should begin wudu afresh.

Malik replied, "He should take off his socks and wash his feet. Only someone who puts on leather socks when his feet are (already) ritually purified by wudu can wipe over them. Someone who puts on leather socks when his feet are not ritually purified by wudu, should not wipe over them."

Yahya said that Malik was asked about a man who did wudu with his leather socks on and forgot to wipe over them until the water was dry and he had prayed, and he said, "He should wipe over his socks and repeat the prayer but not repeat wudu."

Malik was asked about a man who washed his feet and put on his leather socks and then started doing wudu, and he said, "He should take off his socks and do wudu and wash his feet."

The Prophet said, "On every Muslim there is enjoined (a compulsory) Sadaqa (alms)." They (the people) said, "If one has nothing?' He said, "He should work with his hands so that he may benefit himself and give in charity." They said, "If he cannot work or does not work?" He said, "Then he should help the oppressed unhappy person (by word or action or both)." They said, "If he does not do it?" He said, "Then he should enjoin what is good (or said what is reasonable).' They said, "If he does not do that''' He said, "Then he should refrain from doing evil, for that will be considered for Him as a Sadaqa (charity) . "

I said, "O Allah's Apostle! Which is the biggest sin?" He said, "To set up rivals to Allah by worshipping others though He alone has created you." I asked, "What is next?" He said, "To kill your child lest it should share your food." I asked, "What is next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor."

Yahya related to me from Malik from Yahya ibn Said that once Umar ibn al-Khattab left after doing the asr prayer and met a man who had not been there. Umar asked him what had kept him from the prayer and eventhough the man gave a good reason, Umar said, "You have given yourself short measure."

Yahya added that Malik commented, "It is said that everything has a short measure and a full measure."

A woman came to the Prophet (saws) while we were with him.

She said: Messenger of Allah, my husband, Safwan ibn al-Mu'attal, beats me when I pray, and makes me break my fast when I keep a fast, and he does not offer the dawn prayer until the sun rises.

He asked Safwan, who was present, about what she had said. He replied: Messenger of Allah, as for her statement "he beats me when I pray", she recites two surahs (during prayer) and I have prohibited her (to do so).

He (the Prophet) said: If one surah is recited (during prayer), that is sufficient for the people.

(Safwan continued:) As regards her saying "he makes me break my fast," she dotes on fasting; I am a young man, I cannot restrain myself.

The Messenger of Allah (saws) said on that day: A woman should not fast except with the permission of her husband.

(Safwan said:) As for her statement that I do not pray until the sun rises, we are a people belonging to a class, and that (our profession of supplying water) is already known about us. We do not awake until the sun rises. He said: When you awake, offer your prayer.

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."

When the Prophet (saws) ordered a man and his wife to invoke curses on each other, he ordered a man to put his hand on his mouth when he came to the fifth utterance, saying that it would be the deciding one.

For the children of Israel the punishment for crime was Al-Qisas only (i.e., the law of equality in punishment) and the payment of Blood money was not permitted as an alternate. But Allah said to this nation (Muslims): 'O you who believe! Qisas is prescribed for you in case of murder, .....(up to) ...end of the Verse. (2.178) Ibn `Abbas added: Remission (forgiveness) in this Verse, means to accept the Blood-money in an intentional murder. Ibn `Abbas added: The Verse: 'Then the relatives should demand Blood-money in a reasonable manner.' (2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.