Malik related to me that he heard Ibn Shihab say, "The precedent of the sunna is that when a slave is freed, his property follows him."
Malik said, "One thing which makes clear that the property of a slave follows him when he is freed is that when the contract (mukatab) is written for his freedom, his property follows him even if he did not stipulate it. That is because the bond of kitaba is the bond of wala' when it is complete. The property of a slave and a mukatab is not treated in the same way as any children they may have. Their children are only treated in the same way as their own slaves, not in the same way as their property. This is because the sunna, in which there is no dispute, is that when a slave is freed, his property follows him and his children do not follow him, and when a mukatab writes the contract for his freedom, his property follows him and his children do not follow him."
Malik said, "One thing which makes that clear is that when a slave or a mukatab are bankrupt, their property is taken but the mothers of their children and their children are not taken because they are not their property."
Malik said, "Another thing which makes it clear is that when a slave is sold and the person who buys him stipulates the inclusions of his property, his children are not included in his property."
Malik said, "Another thing which makes it clear is that when a slave does injure some one, he and his property are taken, and his children are not taken."
| USC-MSA web (English) reference | : Book 38, Hadith 5 |
| Arabic reference | : Book 38, Hadith 1470 |
| Grade: | Sahih hadeeth (Darussalam) |
| Reference | : Musnad Ahmad 285 |
| In-book reference | : Book 2, Hadith 195 |
| Grade: | Da'if, because it is interrupted] (Darussalam) |
| Reference | : Musnad Ahmad 439 |
| In-book reference | : Book 4, Hadith 36 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3019 |
| In-book reference | : Book 11, Hadith 253 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3304 |
| In-book reference | : Book 13, Hadith 218 |
| ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2603 |
| In-book reference | : Book 10, Hadith 95 |
Isma'il's mother went on suckling Isma'il and drinking from the water which she had. When the water in the water-skin had all been used up, she became thirsty and her child also became thirsty. She started looking at Isma'il, tossing in agony. She left him, for she could not endure looking at him, and found that the mountain of As-Safa was the nearest mountain to her on that land. She stood on it and started looking at the valley keenly so that she might see somebody, but she could not see anybody. Then she descended from As-Safa, and when she reached the valley, she tucked up her robe and ran in the valley like a person in distress and trouble till she crossed the valley and reached Al-Marwah mountain where she stood and started looking, expecting to see somebody, but she could not see anybody. She repeated that (running between As-Safa and Al-Marwah) seven times." Ibn 'Abbas further related: The Prophet (PBUH) said, "This is the source of the tradition of the Sa'y - i.e., the going of people between the two mountains. When she reached Al-Marwah (for the last time), she heard a voice and she exclaimed: 'Shshs!' (Silencing herself) and listened attentively. She heard the voice again and said: 'O (whoever you may be) You have made me hear your voice; have you any succour for me?' And behold! She saw an angel at the place of Zamzam, digging the earth with his heel (or with his wing), till water flowed out from that place. She started to make something like of a basin around it, using her hands in this way and began to fill her water- skin with water with her hands, and the water was flowing out until she had scooped some of it." The Prophet (PBUH) further said, "May Allah bestow mercy on Isma'il's mother! Had she let the Zamzam flow without trying to control it (or had she not scooped in that water) while filling her water-skin, Zamzam would have been a stream flowing on the surface of the earth." The Prophet (PBUH) further added, "Then she drank (water) and suckled her child. The angel said to her: 'Do not be afraid of being neglected, for this is the site on which the House of Allah will be built by this boy and his father, and Allah will never let neglected His people.' The House of Allah (the Ka'bah) at that time was on a high place resembling a hillock, and when torrents came, they flowed to its right and left. She continued living in that way till some people from the tribe of Jurhum passed by her and her child. As they were coming from through the way of Kada', in the lower part of Makkah where they saw a bird that had a habit of flying around water and not leaving it. They said: 'This bird must be flying over water, though we know that there is no water in this valley.' They sent one or two messengers who discovered the source of water, and returned to inform them of the water. So, they all came towards the water." The Prophet (PBUH) added, "Isma'il's mother was sitting near the water. They asked her: 'Do you allow us to stay with you?' She replied: 'Yes, but you will have no right to possess the water.' They agreed to that." The Prophet (PBUH) further said, "Isma'il's mother was pleased with the whole situation as she used to love the company of the people. So, they settled there, and later on they sent for their families who came and settled with them. The child (i.e., Isma'il) grew up and learnt Arabic from them (his virtues) caused them to love and admire him as he grew up, and when he reached the age of puberty, they gave him one of their daughters in marriage. After Isma'il's mother had died, Ibrahim came after Isma'il's marriage in order to see his family that he had left before, but he did not find Isma'il there. When he asked Isma'il's wife about him, she replied: 'He has gone in search of our livelihood.' Then he asked her about their way of living and their condition, and she replied complaining to him: 'We are living in hardship, misery and destitution.' He said: 'When your husband returns, convey my salutations to him and tell him to change the threshold of the door of his house.' When Isma'il came, he seemed to have perceived something unusual. He asked his wife: 'Did anyone visit you?' She replied: 'Yes, an old man of such and such description came and asked me about you and I informed him, and he asked about our state of living, and, I told him that we were living in hardship and poverty.' Thereupon Isma'il said: 'Did he advise you anything?' She replied: 'Yes, he told me to convey his salutations to you and to change the threshold of your door.' Isma'il said: 'That was my father, and he has ordered me to divorce you. Go back to your family.' So Isma'il divorced her and married another woman from amongst them (Jurhum). Then Ibrahim stayed away from them for a period as long as Allah wished, and called on them again but did not find Isma'il. So he came to Isma'il's wife and asked her about him. She said: 'He has gone in search of our livelihood.' Ibrahim asked her about their sustenance and living: 'How are you getting on?' She replied: 'We are prosperous and well off.' Then she praised Allah, the Exalted. Ibrahim asked: 'What kind of food do you eat?' She said: 'Meat.' He said: 'What do you drink?' She said: 'Water.' He said, 'O Allah! Bless their meat and water!"' The Prophet (PBUH) added, "At that time they did not have grain, and if they had grain, he would have also invoked Allah to bless it." The Prophet (PBUH) further said, "If somebody has only these two things as his sustenance, his health and disposition will be badly affected because these things do not suit him unless he lives in Makkah." The Prophet (PBUH) added, "Then Ibrahim said to Isma'il's wife, 'When your husband comes, give my regards to him and tell him that he should keep firm the threshold of his door.' When Isma'il came back, he asked his wife: 'Did anyone call on you?' She replied: 'Yes, a good looking old man came to me.' She praised him and added: 'He asked about you, and I informed him, and he asked about our livelihood and I told him that we were in good condition.' Isma'il asked her: 'Did he give you a piece of advice?' She said: 'Yes, he told me to convey his regards to you and ordered that you should keep firm the threshold of your door.' On that Isma'il said: 'He was my father and you are the threshold of the door. He has ordered me to keep you with me.' Then Ibrahim stayed away from them for a period as long as Allah wished and called on them afterwards. He saw Isma'il under a tree near Zamzam, sharpening his arrows. When he saw Ibrahim, he rose up to welcome him, and they greeted each other as a father does with his son or a son does with his father. Ibrahim said: 'O Isma'il! Allah has given me an order.' Isma'il said: 'Do what your Rubb has commanded you to do.' Ibrahim asked: 'Will you help me?' Isma'il said: 'I will help you.' Ibrahim said: 'Allah has ordered me to build a house here, pointing to a hillock higher than the land surrounding it."' The Messenger of Allah (PBUH) added, "Then they raised the foundations of the House (i.e., Ka'bah). Isma'il brought the stones and Ibrahim was building (the house). When the walls became high, Isma'il brought stone and placed it for Ibrahim who stood over it and carried on building the House, while Isma'il was handing over the stones to him, both of them prayed: 'O our Rubb! Accept this service from us! Verily, You are the All- Hearer and the All-Knower."'
[Al-Bukhari].
There are some more narrations about this incident, some adding details and some with minor variations in the wordings.
| Reference | : Riyad as-Salihin 1867 |
| In-book reference | : Book 18, Hadith 60 |
Ibn Shihab reported that Allah's Messenger (may peace be upon him) made an expedition to Tabuk and he (the Holy Prophet) had in his mind (the idea of threatening the) Christians of Arabia in Syria and those of Rome. Ibn Shihab (further) reported that 'Abd al-Rahman b. 'Abdullah b. Ka'b informed him that Abdullah b. Ka'b who served as the guide of Ka'b b. 'Malik as he became blind that he heard Ka'b b. Malik narrate the story of his remaining behind Allah's Messenger (may peace be upon him) from the Battle of Tabuk. Ka'b b. Malik said:
| Reference | : Sahih Muslim 2769a, b |
| In-book reference | : Book 50, Hadith 62 |
| USC-MSA web (English) reference | : Book 37, Hadith 6670 |
| (deprecated numbering scheme) |
| Reference | : Al-Adab Al-Mufrad 89 |
| In-book reference | : Book 5, Hadith 6 |
| English translation | : Book 5, Hadith 89 |
| Sunnah.com reference | : Book 8, Hadith 148 |
| English translation | : Book 8, Hadith 1103 |
| Arabic reference | : Book 8, Hadith 1092 |
| Sunnah.com reference | : Book 8, Hadith 217 |
| English translation | : Book 8, Hadith 1163 |
| Arabic reference | : Book 8, Hadith 1152 |
Narrated Laqit ibn Sabirah:
I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).
Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.
He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.
(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).
I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.
I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 142 |
| In-book reference | : Book 1, Hadith 142 |
| English translation | : Book 1, Hadith 142 |
Zaynab said, "I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! My daughter's husband died, and her eyes are troubling her, can she put kohl on them?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No' two or three times. Then he said, 'It is only four months and ten days. In the Jahiliyya, none of you threw away the piece of dung until a year had passed.' "
Humayd ibn Nafi said, "I asked Zaynab to explain what 'throwing away the piece of dung at the end of a year' meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal - a donkey, a sheep, or a bird, and she would break her idda with it, by rubbing her body against it (taftaddu). Rarely did she break her idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.' "
Malik explained, 'Taftaddu' means to wipe her skin with it in the same way as with a healing charm."
| USC-MSA web (English) reference | : Book 29, Hadith 103 |
| Arabic reference | : Book 29, Hadith 1268 |
| Grade: | Hasan (Darussalam)] (Darussalam) |
| Reference | : Musnad Ahmad 625 |
| In-book reference | : Book 5, Hadith 62 |
| Grade: | Lts isnad is Hasan] (Darussalam) |
| Reference | : Musnad Ahmad 1418 |
| In-book reference | : Book 7, Hadith 14 |
| Grade: | Isnād Hasan (Zubair `Aliza'i) | إسنادہ حسن (زبیر علی زئی) | حكم : |
| Reference | : Mishkat al-Masabih 29 |
| In-book reference | : Book 1, Hadith 27 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 181 |
| In-book reference | : Book 25, Hadith 32 |
| Reference | : Al-Adab Al-Mufrad 904 |
| In-book reference | : Book 38, Hadith 17 |
| English translation | : Book 38, Hadith 904 |
Mu’awiyah b. al-Hakam al-Sulami said:
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 930 |
| In-book reference | : Book 2, Hadith 541 |
| English translation | : Book 2, Hadith 930 |
| Reference | : Mishkat al-Masabih 5482 |
| In-book reference | : Book 27, Hadith 103 |
Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."
Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."
Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "
Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."
Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."
Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."
Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "
| USC-MSA web (English) reference | : Book 43, Hadith 6 |
| Arabic reference | : Book 43, Hadith 1566 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3233 |
| In-book reference | : Book 47, Hadith 285 |
| English translation | : Vol. 5, Book 44, Hadith 3233 |
[Al-Bukhari and Muslim]
Another narration is: Messenger of Allah (PBUH) said, "Allah has one hundred mercies, out of which He has sent down only one for jinn, mankind, animals and insects, through which they love one another and have compassion for one another; and through it, wild animals care for their young. Allah has retained ninety-nine mercies to deal kindly with His slaves on the Day of Resurrection."
[Al-Bukhari and Muslim].
Another narration in Muslim is reported: by Salman Al-Farisi: Messenger of Allah (PBUH) said, "Allah has hundred mercies, out of which one mercy is used by his creation for mutual love and affection. Ninety-nine mercies are kept for the Day of Resurrection."
Another narration is: Messenger of Allah (PBUH) said, "Allah created one hundred units of mercy on the Day He created the heavens and the earth. Each one of them can contain all that is between the heaven and the earth. Of them, he put one on earth, through which a mother has compassion for her children and animals and birds have compassion for one another. On the Day of Resurrection, He will perfect and complete His Mercy". (That is He will use all the hundred units of mercy for his slaves on that Day).
"وفي رواية: "إن لله تعالى مائة رحمة أنزل منها رحمة واحدة بين الجن والإنس والبهائم والهوام، فيها يتعاطفون، وبها يتراحمون، وبها تعطف الوحش على ولدها، وأخر الله تعالى تسعاً وتسعين رحمة يرحم بها عباده يوم القيامة” ((متفق عليه)) .
ورواه مسلم أيضاً من رواية سلمان الفارسي، رضي الله عنه ، قال: قال رسول الله صلى الله عليه وسلم: “إن لله تعالى مائة رحمة فمنها رحمة يتراحم بها الخلق بينهم، وتسع وتسعون ليوم القيامة"
"وفي رواية: "إن الله تعالى خلق يوم خلق السماوات والأرض مائة رحمة كل رحمة طباق ما بين السماء إلى الأرض، فجعل منها في الأرض رحمة، فيها تعطف الوالدة على ولدها، والوحش والطير بعضها على بعض، فإذا كان يوم القيامة، أكملها بهذه الرحمة”.
| Reference | : Riyad as-Salihin 420 |
| In-book reference | : Introduction, Hadith 420 |
| Grade: | Isnād Da'īf (Zubair `Aliza'i) | لم تتمّ دراسته (الألباني) | حكم : |
| إسنادہ ضعيف (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 41 |
| In-book reference | : Book 1, Hadith 37 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4028 |
| In-book reference | : Book 19, Hadith 238 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5870 |
| In-book reference | : Book 29, Hadith 128 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3013 |
| In-book reference | : Book 25, Hadith 132 |
| English translation | : Vol. 4, Book 25, Hadith 3013 |
Humaid ibn Nafi' reported the following three traditions on the authority of Zaynab, daughter of Abu Salamah:
Zainab said: I visited Umm Habibah when her father AbuSufyan, died. She asked for some yellow perfume containing saffron (khaluq) or something else. Then she applied it to a girl and touched her cheeks.
She said: I have no need of perfume, but I heard the Messenger of Allah (saws) say: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.
Zaynab said: I also visited Zaynab, daughter of Jahsh, when her brother died. She asked for some perfume and used it upon herself.
She then said: I have no need of perfume, but I heard the Messenger of Allah (saws) say when he was on the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to observe mourning for one who has died, more than three nights, except for four months and ten days in the case of a husband.
Zaynab said: I heard my mother, Umm Salamah, say: A woman came to the Messenger of Allah (saws) and said: Messenger of Allah, the husband of my daughter has died, and she is suffering from sore eyes; may we put antimony in her eyes?
The Messenger of Allah (saws) said: No. He said this twice or thrice. Each time he said: No. The Messenger of Allah (saws) said: The waiting period is now four months and ten days. In pre-Islamic days one of you used to throw away a piece of dung at the end of a year.
Humayd said: I asked Zaynab: What do you mean by throwing away a piece of dung at the end of a year.
Zaynab replied: When the husband of a woman died, she entered a small cell and put on shabby clothes, not touching perfume or any other thing until a year passed. Then an animal such as donkey or sheep or bird was provided for her. She rubbed herself with it. The animal with which she rubbed herself rarely survived. She then came out and was given a piece of dung which she threw away. She then used perfume or something else which she desired.
Abu Dawud said: The Arabic word "hafsh" means a small cell.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2299 |
| In-book reference | : Book 13, Hadith 125 |
| English translation | : Book 12, Hadith 2292 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 239 |
| In-book reference | : Book 35, Hadith 6 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1191 |
| In-book reference | : Book 5, Hadith 389 |
| English translation | : Vol. 1, Book 5, Hadith 1191 |
Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate."
He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189).
"When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233).
"When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property."
Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation."
| USC-MSA web (English) reference | : Book 37, Hadith 4 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2616 |
| In-book reference | : Book 40, Hadith 11 |
| English translation | : Vol. 5, Book 38, Hadith 2616 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3068 |
| In-book reference | : Book 47, Hadith 120 |
| English translation | : Vol. 5, Book 44, Hadith 3068 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3381 |
| In-book reference | : Book 13, Hadith 293 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 56 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6034 |
| Reference | : Al-Adab Al-Mufrad 14 |
| In-book reference | : Book 1, Hadith 14 |
| English translation | : Book 1, Hadith 14 |
[Al-Bukhari and Muslim].
The narration in Bukhari adds: Ibn 'Uyainah relates that a man from the Ansar told him that he had seen nine sons of this 'Abdullah, every one of whom had committed the Noble Qur'an to memory.
The narration of Muslim says: The son of Abu Talhah (May Allah be pleased with him) who was born of Umm Sulaim died. She (Umm Sulaim) said to the members of the family: "Do not tell Abu Talhah about his son until I mention it to him myself." Abu Talhah came (home) and she gave him supper. He ate and drank. She then beautified herself the best way she ever did and he slept with her. When she saw that he was satisfied after sexual intercourse with her, she said, "O Abu Talhah! If some people borrow something from another family and then (the members of the family) ask for its return, would they refuse to give it back to them." He said, "No". She said, "Then hope reward for your son". Abu Talhah got angry, and said; "You left me uninformed until I stained myself (with sexual intercourse) and then you told me about my son. "He went to Messenger of Allah (PBUH) and informed him about the matter. Thereupon Messenger of Allah (PBUH) said, "May Allah bless the night you spent together!" He (the narrator) said: She conceived. (One day) Messenger of Allah (PBUH) was in the course of a journey and she was along with him. When Messenger of Allah (PBUH) used to come back to Al-Madinah from a journey, he would not enter it (during the night). When the people came near Al- Madinah, she felt labour pains. He (Abu Talhah) remained with her and Messenger of Allah (PBUH) proceeded on. Abu Talhah said: "O Rubb, You know that I love to go along with Messenger of Allah (PBUH) when he goes out and enter along with him when he enters, and I have been detained as You see." Umm Sulaim then said: "O Abu Talhah, I do not feel (so much pain) as I was feeling earlier, so we better proceed on. So we proceeded on and she felt the labour of delivery as they reached (Al-Madinah). She gave birth to a male child. My mother said to me: "O Anas, none should suckle him until you go to Messenger of Allah (PBUH) tomorrow morning." The next morning I carried the baby with me to Messenger of Allah (PBUH), and narrated the rest of the story.
[Al-Bukhari and Muslim].
وفى رواية لمسلم: مات ابن لأبي طلحة بن أم سليم ، فقالت لأهلها لا تحدثوا أبا طلحة بابنه حتى أكون أنا أحدثه، فجاء فقربت إليه عشاءً فأكل وشرب، ثم تصنعت له أحسن ما كانت تصنع قبل ذلك، فوقع بها، فلما أن رأت أنه قد شبع وأصاب منها قالت: يا أبا طلحة، أرأيت لو أن قوماً أعاروا عاريتهم أهل بيت فطلبوا عاريتهم، ألهم أن يمنعوهم؟ قال: لا، فقالت : فاحتسب ابنك. قال: فغضب، ثم قال: تركتني حتى إذا تلطخت أخبرتني بابني؟! فانطلق حتى أتى رسول الله صلى الله عليه وسلم فأخبره بما كان ، فقال رسول الله صلى الله عليه وسلم. "بارك الله في ليلتكما" قال: فحملت، قال وكان رسول الله صلى الله عليه وسلم في سفر وهي معه، وكان رسول الله صلى الله عليه وسلم إذا أتى المدينة من سفر لا يطرقها طروقاً فدنوا من المدينة، ...
| Reference | : Riyad as-Salihin 44 |
| In-book reference | : Introduction, Hadith 44 |
| Reference | : Sunan Ibn Majah 697 |
| In-book reference | : Book 2, Hadith 31 |
| English translation | : Vol. 1, Book 2, Hadith 697 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3973 |
| In-book reference | : Book 36, Hadith 48 |
| English translation | : Vol. 5, Book 36, Hadith 3973 |
| Reference | : Riyad as-Salihin 1522 |
| In-book reference | : Book 17, Hadith 12 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1042 |
| In-book reference | : Book 4, Hadith 460 |
| Reference | : Mishkat al-Masabih 5943 |
| In-book reference | : Book 29, Hadith 199 |
| Reference | : Al-Adab Al-Mufrad 71 |
| In-book reference | : Book 2, Hadith 25 |
| English translation | : Book 2, Hadith 71 |
| Reference | : Al-Adab Al-Mufrad 954 |
| In-book reference | : Book 41, Hadith 3 |
| English translation | : Book 41, Hadith 954 |
| Grade: | Sahih because of other similar reports.This isnad is Marfoo' (Darussalam) |
| Reference | : Musnad Ahmad 20 |
| In-book reference | : Book 1, Hadith 20 |
I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?
When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was overtaken by sleep at night, he would pray twelve rak'ahs.
The narrator said: I came to Ibn 'Abbas and narrated all this to him. By Allah, this is really a tradition. Has I been on speaking terms with her, I would have come to her and heard it from her mouth. I said: If I knew that you were not on speaking terms with her, I would have never narrated it to you.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1342 |
| In-book reference | : Book 5, Hadith 93 |
| English translation | : Book 5, Hadith 1337 |
| Sunnah.com reference | : Book 8, Hadith 150 |
| English translation | : Book 8, Hadith 1104 |
| Arabic reference | : Book 8, Hadith 1093 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2732 |
| In-book reference | : Book 23, Hadith 14 |
| English translation | : Vol. 4, Book 23, Hadith 2732 |
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."
| USC-MSA web (English) reference | : Book 21, Hadith 17 |
| Arabic reference | : Book 21, Hadith 978 |
Yahya related to me from Malik, "The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.
"When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.
"If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.
"If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .
"If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, 'Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.' (Sura 4 ayat 10)
| USC-MSA web (English) reference | : Book 27, Hadith 0 |