I intended to buy Barirah but her masters stipulated that her Wala should be for them. When the Prophet was told about it, he said to me, "Buy and manumit her, as the Wala' is for the liberator." Once Barirah was given some meat, and the Prophet asked, "What is this?" I said, "It has been given to Barirah in charity." He said, "It is sadaqa for her but a gift for us." Barirah was given the option (to stay with her husband or to part with him). `Abdur-Rahman (a sub-narrator) wondered, "Was her husband a slave or a free man?" Shu`ba (another sub-narrator) said, "I asked `Abdur-Rahman whether her husband was a slave or a free man. He replied that he did not know whether he was a slave or a free man."

A girl wearing ornaments, went out at Medina. Somebody struck her with a stone. She was brought to the Prophet while she was still alive. Allah's Apostle asked her, "Did such-and-such a person strike you?" She raised her head, denying that. He asked her a second time, saying, "Did so-and-so strike you?" She raised her head, denying that. He said for the third time, "Did so-and-so strike you?" She lowered her head, agreeing. Allah's Apostle then sent for the killer and killed him between two stones.

Aisha said that Barirah came to seek her help in the writing of her emancipation. `Aisha said to her, "If you wish, I will pay your masters (your price) and the wala' will be for me." When Allah's Apostle came, she told him about it. The Prophet said to her, "Buy her (i.e. Barirah) and manumit (free) her, for the Wala is for the one who manumits." Then Allah's Apostle ascended the pulpit and said, "What about those people who stipulate conditions which are not in Allah's Laws? Whoever stipulates such conditions as are not in Allah's Laws, then those conditions are invalid even if he stipulated a hundred such conditions."

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).

The Prophet said, "If a slave-girl (Ama) commits illegal sexual intercourse, scourge her; if she does it again, scourge her again; if she repeats it, scourge her again." The narrator added that on the third or the fourth offense, the Prophet said, "Sell her even for a hair rope."

Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."

Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."

He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."

Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."

Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.

We were in the company of Allah's Apostle and we assumed the state of Ihram of Hajj and arrived at Mecca on the fourth of Dhul-Hijja. The Prophet ordered us to perform the Tawaf around the Ka`ba and (Sa`i) between As-Safa and Al-Marwa and use our lhram just for `Umra, and finish the state of Ihram unless we had our Hadi with us. None of us had the Hadi with him except the Prophet and Talha. `Ali came from Yemen and brought the Hadi with him. `Ali said, 'I had assumed the state of Ihram with the same intention as that with which Allah's Apostle had assumed it. The people said, "How can we proceed to Mina and our male organs are dribbling?" Allah's Apostle said, "If I had formerly known what I came to know latterly, I would not have brought the Hadi, and had there been no Hadi with me, I would have finished my Ihram." Suraqa (bin Malik) met the Prophet while he was throwing pebbles at the Jamrat-Al-`Aqaba, and asked, "O Allah's Apostle! Is this (permitted) for us only?" The Prophet replied. "No, it is forever" `Aisha had arrived at Mecca while she was menstruating, therefore the Prophet ordered her to perform all the ceremonies of Hajj except the Tawaf around the Ka`ba, and not to perform her prayers unless and until she became clean . When they encamped at Al-Batha, `Aisha said, "O Allah's Apostle! You are proceeding after performing both Hajj and `Umra while I am proceeding with Hajj only?" So the Prophet ordered `Abdur-Rahman bin Abu Bakr As-Siddiq to go with her to at-Tan`im, and so she performed the `Umra in Dhul-Hijja after the days of the Hajj.

Allah's Apostle manumitted Safiyya and then married her, and her Mahr was her manumission, and he gave a wedding banquet with Hais (a sort of sweet dish made from butter, cheese and dates).

Ibn 'Umar (Allah be pleased with them) reported that Allah's Messenger (may peace be upon him) forbade the sale of palm-trees (i. e. their trults) until the dates began to ripen, and ears of corn until they were white and were safe from blight. He forbade the seller and the buyer.

(regarding) the Verse: 'And if you fear that you shall not be able to deal justly with the orphans...' (4.3) It is about the orphan girl who is in the custody of a man who is her guardian, and he intends to marry her because of her wealth, but he treats her badly and does not manage her property fairly and honestly. Such a man should marry women of his liking other than her, two or three or four. 'Prohibited to you (for marriage) are: ...your foster-mothers (who suckled you).' (4.23) Marriage is prohibited between persons having a foster suckling relationship corresponding to a blood relationship which renders marriage unlawful.

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

When we came out from Mecca, Hamzah's daughter pursued us crying: My uncle. Ali lifted her and took her by the hand. (Addressing Fatimah he said:) Take your uncle's daughter. She then lifted her. The narrator then transmitted the rest of the tradition. Ja'far said: She is my uncle's daughter. Her maternal aunt is my wife. The Prophet (saws) decided in favour of her maternal aunt, and said: The maternal aunt is like mother.

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 His Statement): 'They ask your instruction concerning the women. Say: Allah instructs you about them ...' (4.127) It is about the female orphan who is under the guardianship of a man with whom she shares her property and he does not want to marry her and dislikes that someone else should marry her, lest he should share the property with him, so he prevents her from marrying. So Allah forbade such a guardian to do so (i.e. to prevent her from marrying).

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.

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

(the wife of the Prophet) Once Allah's Apostle passed by (the grave of) a Jewess whose relatives were weeping over her. He said, "They are weeping over her and she is being tortured in her grave."

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.

That Aisha, the mother of the Believers, intended to buy a slave girl in order to manumit her. The slave girl's master said, "We are ready to sell her to you on the condition that her Wala should be for us." Aisha mentioned that to Allah's Apostle who said, "This (condition) should not prevent you from buying her, for the Wala is for the one who manumits (the slave)."

Allah's Apostle gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah's Apostle gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her 'Asaba.

The daughter of Abi Umaiyya, was the wife of 'Umar bin Al-Khattab. 'Umar divorced her and then Mu'awiyya bin Abi Sufyan married her. Similarly, Um Al-Hakam, the daughter of Abi Sufyan was the wife of 'Iyad bin Ghanm Al-Fihri. He divorced her and then 'Abdullah bin 'Uthman Al-Thaqafi married her.

The above tradition has been transmitted by ‘Abd Allaah bin Al Fadl through his chain of narrators and with different meaning. The version goes “A woman without a husband has more right to her person than her guardian and the father of a virgin should ask her permission about herself.”

Abu Dawud said “ The word “her father” is not guarded.

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."

that she intended to buy Barira (a slave girl) and her masters stipulated that they would have her Wala'. When `Aisha mentioned that to the Prophet ; he said, "Buy her, for the Wala' is for the one who manumits."

I said to Ibn `Abbas, "Nauf Al-Bikali claims that Moses, the companion of Al-Khadir was not the Moses of the children of Israel" Ibn `Abbas said, "The enemy of Allah (Nauf) told a lie." Narrated Ubai bin Ka`b that he heard Allah's Apostle saying, "Moses got up to deliver a speech before the children of Israel and he was asked, Who is the most learned person among the people?' Moses replied, 'I (am the most learned).' Allah admonished him for he did not ascribe knowledge to Allah alone. So Allah revealed to him: 'At the junction of the two seas there is a slave of Ours who is more learned than you.' Moses asked, 'O my Lord, how can I meet him?' Allah said, 'Take a fish and put it in a basket (and set out), and where you, will lose the fish, you will find him.' So Moses (took a fish and put it in a basket and) set out, along with his boy-servant Yusha` bin Noon, till they reached a rock (on which) they both lay their heads and slept. The fish moved vigorously in the basket and got out of it and fell into the sea and there it took its way through the sea (straight) as in a tunnel). (18.61) Allah stopped the current of water on both sides of the way created by the fish, and so that way was like a tunnel. When Moses got up, his companion forgot to tell him about the fish, and so they carried on their journey during the rest of the day and the whole night. The next morning Moses asked his boy-servant 'Bring us our early meal; no doubt, we have suffered much fatigue in this journey of ours.' (18.62) Moses did not get tired till he had passed the place which Allah had ordered him to seek after. His boy-servant then said to him,' 'Do you remember when we be-took ourselves to the rock I indeed forgot the fish, none but Satan made me forget to remember it. It took its course into the sea in a marvelous way.' (18.63) There was a tunnel for the fish and for Moses and his boy-servant there was astonishment. Moses said, 'That is what we have been seeking'. So they went back retracing their footsteps. (18.64) They both returned, retracing their steps till they reached the rock. Behold ! There they found a man covered with a garment. Moses greeted him. Al-Khadir said astonishingly. 'Is there such a greeting in your land?' Moses said, 'I am Moses.' He said, 'Are you the Moses of the children of Israel?' Moses said, 'I have come to you so that you may teach me of what you have been taught. Al-Khadir said, 'You will not be able to have patience with me. (18.66) O Moses! I have some of Allah's knowledge which He has bestowed upon me but you do not know it; and you too, have some of Allah's knowledge which He has bestowed upon you, but I do not know it." Moses said, "Allah willing, you will find me patient, and I will not disobey you in anything.' (18.6) Al-Khadir said to him. 'If you then follow me, do not ask me about anything until I myself speak to you concerning it.' (18.70), After that both of them proceeded along the sea coast, till a boat passed by and they requested the crew to let them go on board. The crew recognized Al-Khadir and allowed them to get on board free of charge. When they got on board suddenly Moses saw that Al-Khadir had pulled out one of the planks of the boat with an adze. Moses said to him.' These people gave us a free lift, yet you have scuttled their boat so as to drown its people! Truly, you have done a dreadful thing.' (18.71) Al-Khadir said, 'Didn't I say that you can have no patience with me ?' (18.72) Moses said, 'Call me not to account for what I forgot and be not hard upon me for my affair (with you.)" (18.73) Allah's Apostle said, "The first excuse given by Moses, was that he had forgotten. Then a sparrow came and sat over the edge of the boat and dipped its beak once in the sea. Al-Khadir said to Moses, 'My knowledge and your knowledge, compared to Allah's knowledge is like what this sparrow has taken out of the sea.' Then they both got out of the boat, and while they were walking on the sea shore, Al-Khadir saw a boy playing with other boys. Al-Khadir got hold of the head of that boy and pulled it out with his hands and killed him. Moses said, 'Have you killed an innocent soul who has killed nobody! Truly, you have done an illegal thing.' (18.74) He said, "Didn't I tell you that you can have no patience with me?' (18.75) (The sub narrator said, the second blame was stronger than the first one.) Moses said, 'If I ask you about anything after this, keep me not in your company, you have received an excuse from me.' (18.76) Then they both proceeded until they came to the inhabitants of a town. They asked them food but they refused to entertain them. (In that town) they found there a wall on the point of falling down. (18.77) Al-Khadir set it up straight with his own hands. Moses said, 'These are people to whom we came, but they neither fed us nor received us as guests. If you had wished, you could surely have exacted some recompense for it. Al-Khadir said, 'This is the parting between me and you ..that is the interpretation of (those things) over which you were unable to hold patience.' (18.78-82) Allah's Apostle said, "We wished that Moses could have been more patient so that Allah might have described to us more about their story."

The Prophet said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people said that if a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid.

That she asked the Prophet , 'Have you encountered a day harder than the day of the battle) of Uhud?" The Prophet replied, "Your tribes have troubled me a lot, and the worse trouble was the trouble on the day of 'Aqaba when I presented myself to Ibn `Abd-Yalail bin `Abd-Kulal and he did not respond to my demand. So I departed, overwhelmed with excessive sorrow, and proceeded on, and could not relax till I found myself at Qarnath-Tha-alib where I lifted my head towards the sky to see a cloud shading me unexpectedly. I looked up and saw Gabriel in it. He called me saying, 'Allah has heard your people's saying to you, and what they have replied back to you, Allah has sent the Angel of the Mountains to you so that you may order him to do whatever you wish to these people.' The Angel of the Mountains called and greeted me, and then said, "O Muhammad! Order what you wish. If you like, I will let Al-Akh-Shabain (i.e. two mountains) fall on them." The Prophet said, "No but I hope that Allah will let them beget children who will worship Allah Alone, and will worship None besides Him."

Urwah ibn az-Zubayr reported from Fatimah daughter of AbuHubaysh that her blood kept flowing, so the Prophet (saws) said to her: When the blood of the menses comes, it is black blood which can be recognised; so when that comes, refrain from prayer; but when a different type of blood comes, perform ablution and pray, for it is (due only to) a vein.

Abu Dawud said: Ibn al-Muthanna narrates this tradition from his book on the authority of Ibn 'Adi in a similar way. Later on he transmitted it to us from his memory: Muhammad b. 'Amr reported to us from al-Zuhri from 'Urwah on the authority of 'Aishah who said: Fatimah used to have her blood flowing. He then reported the tradition conveying the same meaning.

Abu Dawud said: Anas b. Sirin reported from Ibn 'Abbas about the woman who has a prolonged flow of blood. He said: If she sees thick blood, she should not pray; if she finds herself purified even for a moment, she should was an pray.

Makhul said: Menses are not hidden from women. Their blood is black and thick. When it (blackness and thickness) goes away and there appears yellowness and liquidness, that is the flow of blood (from vein). She should wash and pray.

Abu Dawud said: This tradition has been transmitted by Sa'id b. al-Musayyab through a different chain of narrators, saying: The woman who has a prolonged flow of blood should abandon prayer when the menstruation begins; when it is finished, she should wash and pray.

Sumayy and others have also reported it from Sa'id b. al-Musayyab. This version adds: She should refrain (from prayer) during her menstrual period.

Hammad b. Salamah has reported it similarly from Yahya b. Sa'id on the authority of Sa'id b. al-Musayyab.

Abu Dawud said: Yunus has reported from Al-Hasan: When the bleeding of a menstruating woman extends (beyond the normal period), she should refrain (from prayer), after her menses are over, for one or two days. Now she becomes the woman who has a prolonged flow of blood.

Al-Taimi reported from Qatadah: If her menstrual period is prolonged by five days, she should pray. Al-Taimi said: I kept on reducing (the number of days) until I reached two days. He said: If the period extends by two days, they will be counted from the menstrual period. When Ibn Sirin was questioned about it, he said: Women have better knowledge of that.