[Abu 'Eisa said:] This Hadith is Hasan Sahih. It has been reported through other routes from AlHasan, and that is reported from Hasan is Gharib. And in this Hadtth, there is proof that marriage is not allowed without a Wali, because Ma'qil bin Yasãr's sister was not a virgin, so if the matter was up to her, not her Wali, then she could have married herself, and she would have had no need for Ma'qil bin Yasãr to act as the Wali for her. And Allah only addressed the Wali in this Ayah, saying: Do not prevent them from marrying their (former) husbands. - so in this Ayah is the evidence that the authority is with the Wali in marrying (women) with their consent.
وَقَدْ رُوِيَ مِنْ غَيْرِ وَجْهٍ عَنِ الْحَسَنِ . وَفِي هَذَا الْحَدِيثِ دَلاَلَةٌ ...
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2981 |
| In-book reference | : Book 47, Hadith 33 |
| English translation | : Vol. 5, Book 44, Hadith 2981 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2116 |
| In-book reference | : Book 8, Hadith 8 |
| Reference | : Mishkat al-Masabih 5397 |
| In-book reference | : Book 27, Hadith 19 |
| Reference | : Mishkat al-Masabih 5421 |
| In-book reference | : Book 27, Hadith 42 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5857 |
| In-book reference | : Book 29, Hadith 115 |
| Reference | : Hisn al-Muslim 123 |
| Reference | : Hisn al-Muslim 254 |
| Reference | : Hisn al-Muslim 257 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3562 |
| In-book reference | : Book 17, Hadith 8 |
| Sunnah.com reference | : Book 2, Hadith 314 |
| English translation | : Book 2, Hadith 404 |
| Arabic reference | : Book 2, Hadith 409 |
| Reference | : Hisn al-Muslim 88 |
| Reference | : Hisn al-Muslim 139 |
وَلْيَقُلْ لَهُ أَخُوهُ أَوْ صَاحِبُهُ: (يَرْحَمُكَ اللَّهُ)،
فَإِذَا قَالَ لَهُ: (يَرحَمُكَ اللَّهُ)، فَلْيَقُلْ: (يَهْدِيكُمُ اللَّهُ وَيُصْلِحُ بَالَكُمْ)
| Reference | : Hisn al-Muslim 188 |
| Reference | : Bulugh al-Maram 1429 |
| In-book reference | : Book 14, Hadith 33 |
| English translation | : Book 14, Hadith 1429 |
| Reference | : Hisn al-Muslim 75a |
Sa'id b. Musayyib, 'Urwa b. Zubair, 'Alqama b. Waqqas and 'Ubaidullah b. Abdullah b. 'Utba b. Mas'ud--all of them reported the story of the false allegation against 'A'isha, the wife of Allah's Apostle (may peace be upon him). And they (the slanderers) said what they had to say, but Allah exonerated her of this charge and all of them reported a part of the hadith and some of them who had better memories reported more and with better retention, and I tried to retain this hadith (listening) from every one of them that they reported to me and some of them attested the other. (The sumaried substance of the false allegation is this):
| Reference | : Sahih Muslim 2770a |
| In-book reference | : Book 50, Hadith 65 |
| USC-MSA web (English) reference | : Book 37, Hadith 6673 |
| (deprecated numbering scheme) |
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 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3381 |
| In-book reference | : Book 13, Hadith 293 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5435 |
| In-book reference | : Book 27, Hadith 56 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5848 |
| In-book reference | : Book 29, Hadith 106 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5913 |
| In-book reference | : Book 29, Hadith 169 |
| Reference | : Hisn al-Muslim 98 |
| Reference | : Hisn al-Muslim 144 |
| مُتَّفَقٌ عَلَيْهِ, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5841, 5842 |
| In-book reference | : Book 29, Hadith 100 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1263 |
| In-book reference | : Book 5, Hadith 461 |
| English translation | : Vol. 1, Book 5, Hadith 1263 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2875 |
| In-book reference | : Book 45, Hadith 1 |
| English translation | : Vol. 5, Book 42, Hadith 2875 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3193 |
| In-book reference | : Book 47, Hadith 245 |
| English translation | : Vol. 5, Book 44, Hadith 3193 |
| Reference | : Mishkat al-Masabih 5396 |
| In-book reference | : Book 27, Hadith 18 |
| Reference | : Hisn al-Muslim 143 |
(سبع مرات)
| Reference | : Hisn al-Muslim 83 |
[Al-Bukhari].
| Reference | : Riyad as-Salihin 1020 |
| In-book reference | : Book 8, Hadith 30 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3549 |
| In-book reference | : Book 31, Hadith 114 |
| English translation | : Vol. 4, Book 31, Hadith 3549 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 232 |
| In-book reference | : Book 34, Hadith 8 |
| Reference | : Hisn al-Muslim 263 |
[Muslim].
| Reference | : Riyad as-Salihin 102 |
| In-book reference | : Introduction, Hadith 102 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1482 |
| In-book reference | : Book 4, Hadith 882 |
* It appears that the speaker is Ja’far bin Muhammad who is narrating from his father, from Jabir.
**And they say that the meaning if ‘your furniture’ or, ‘your special place’ in which case the objective is to say that the wife is not to admit anyone in the house whom the husband would be displeased with.
***Sakharat plural of Sakhrah rock or boulder. Nawawi said: “They are the rocks that lay at the base of the Mount of Mercy, and it is the mount in the middle of ‘Arafat.”
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3074 |
| In-book reference | : Book 25, Hadith 193 |
| English translation | : Vol. 4, Book 25, Hadith 3074 |
On the authority of Abu Hurayrah (ra):
| Reference | : Hadith 10, 40 Hadith an-Nawawi |
| Reference | : Mishkat al-Masabih 5482 |
| In-book reference | : Book 27, Hadith 103 |
| Reference | : Bulugh al-Maram 742 |
| In-book reference | : Book 6, Hadith 35 |
| English translation | : Book 6, Hadith 761 |
| Grade: | Sahih (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 322 |
| In-book reference | : Book 45, Hadith 2 |
| Reference | : Hisn al-Muslim 27 |
| Reference | : Hisn al-Muslim 260 |
Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abdullah ibn Abbas said, "There was an eclipse of the sun and the Messenger of Allah, may Allah bless him and grant him peace, prayed, and the people prayed with him. He stood for a long time, nearly as long as (it takes to recite) Surat al-Baqara (Sura 2), and then went into ruku for a long time. Then he rose and stood for a long time, though less than the first time.Then he went into ruku for a long time, though less than the first time. Then he went down into sajda. Then he stood for a long time, though less than the first time. Then he went into ruku for a long time, though less than the first time. Then he rose and stood for a long time, though less than the firsttime. Then he went into ruku for a long time, though less than the first time. Then he went down into sajda, and by the time he had finished the sun had appeared. Then he said, 'The sun and the moon are two of Allah's signs. They do not eclipse for anyone's death nor for anyone's life. When you see an eclipse, remember Allah.' They said, 'Messenger of Allah, we saw you reach out for something while you were standing here and then we saw you withdraw.' He said, 'I saw the Garden and I reached out for a bunch of grapes from it, and if I had taken it you would have been able to eat from it for as long as this world lasted. Then I saw the Fire - and I have never seen anything more hideous than what I saw today - and I saw that most of its people were women.' They said, 'Why, Messenger of Allah?' He said, 'Because of their ungratefulness (kufr).' Someone said, 'Are they ungrateful toAllah?' He said, 'They are ungrateful to their husbands and they are ungrateful for good behaviour (towards them) . Even if you were to behave well towards one of them for a whole lifetime and then she were to see you do something (that she did not like) she would say that she had never seen anything good from you.' "
| Sunnah.com reference | : Book 12, Hadith 2 |
| USC-MSA web (English) reference | : Book 12, Hadith 2 |
| Arabic reference | : Book 12, Hadith 449 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."
Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."
Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.
Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.
Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)
Malik said, "That is what I have heard about the matter, and that is how things are done among us."
Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.
Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."
| USC-MSA web (English) reference | : Book 28, Hadith 11 |
| Arabic reference | : Book 28, Hadith 1104 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 239 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6225 |
| Reference | : Hisn al-Muslim 25 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1017 |
| In-book reference | : Book 4, Hadith 436 |
Yahya said that he heard Malik say, "Someone who eats or drinks out of neglect or forgetfulness during a voluntary fast does not have to repeat his fast, but he should continue fasting for the rest of the day in which he eats or drinks while voluntarily fasting, and not stop fasting. Someone to whom something unexpected happens which causes him to break his fast while he is fasting voluntarily does not have to repeat his fast if he has broken it for a reason, and not simply because he decided to break his fast. Just as I do not think that someone has to repeat a voluntary prayer if he has had to stop it because of some discharge which he could prevent and which meant that he had to repeat his wudu."
Malik said, "Once a man has begun doing any of the right actions (al-amal as-saliha) such as the prayer, the fast and the hajj, or similar right actions of a voluntary nature, he should not stop until he has completed it according to what the sunna for that action is. If he says the takbir he should not stop until he has prayed two rakas. If he is fasting he should not break his fast until he has completed that day's fast. If he goes into ihram he should not return until he has completed his hajj, and if he begins doing tawaf he should not stop doing so until he has gone around the Kaba seven times. He should not stop doing any of these actions once he has started them until he has completed them, except if something happens such as illness or some other matter by which a man is excused. This is because Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, (and) then complete the fast until night-time,' (Sura 2 ayat 187), and so he must complete his fast as Allah has said. Allah, the Exalted, (also) says, 'And complete the hajj and the umra for Allah,' and so if a man were to go into ihram for a voluntary hajj having done his one obligatory hajj (on a previous occasion), he could not then stop doing his hajj having once begun it and leave ihram while in the middle of his hajj. Anyone that begins a voluntary act must complete it once he has begun doing it, just as an obligatory act must be completed . This is the best of what I have heard."
| USC-MSA web (English) reference | : Book 18, Hadith 50 |
Malik said that Ibn Shihab said, "The precedent of the sunna in the intentional murder is that when the relatives of the murdered person relinquish retaliation, the blood-money is owed by the murderer from his own property unless the tribe helps him with it willingly."
Malik said, "What is done in our community is that the blood- money is not obliged against the tribe until it has reached a third of the full amount and upwards. Whatever reaches a third is against the tribe, and whatever is below a third, is against the property of the one who did the injury."
Malik said, "The way of doing things about which there is no dispute among us, in the case of someone who has the blood-money accepted from him in intentional murder or in any injury in which there is retaliation, is that that blood-money is not due from the tribe unless they wish it. The blood-money for that is from the property of the murderer or the injurer if he has property. If he does not have any property, it is a debt against him, and none of it is owed by the tribe unless they wish."
Malik said, "The tribe does not pay blood-money to anyone who injures himself, intentionally or accidentally. This is the opinion of the people of fiqh in our community. I have not heard that anyone has made the tribe liable for any blood-money incurred by intentional acts. Part of what is well-known of that is that Allah, the Blessed, and the Exalted, said in His Book, 'Whoever has something pardoned him by his brother, should follow it with what is accepted and pay it with good will' (Sura 2 ayat 178) The commentary on that - in our view - and Allah knows best, is that whoever gives his brother something of the blood- money, should follow it with what is accepted and pay him with good will."
Malik spoke about a child who had no property and a woman who had no property. He said, "When one of them causes an injury below a third of the blood-money, it is taken on behalf of the child and woman from their personal property, if they have property from which it may be taken. If not, the injury which each of them has caused is a debt against them. The tribe does not have to pay any of it and the father of a child is not liable for the blood-money of an injury caused by the child and he is not responsible for it."
Malik said, "The way of doing things in our community about which there is no dispute, is that when a slave is killed, the value for him is that of the day on which he was killed. The tribe of the murderer is not liable for any of the value of the slave, great or small. That is the responsibility of the one who struck him from his own personal property as far as it covers. If the value of the slave is the blood- money or more, that is against him in his property. That is because the slave is a certain type of goods."
| USC-MSA web (English) reference | : Book 43, Hadith 8 |
| Arabic reference | : Book 43, Hadith 1587 |