Yahya related to me from Malik that he had heard that Abu Bakr ibn Abd ar-Rahman and Sulayman ibn Yasar and Ibn Shihab used to say, "When the divorced woman enters the beginning of her third period, she is clearly separated from her husband and there is no inheritance between them and he has no access to her."

Yahya related to me from Malik that he heard Ibn Shihab say, "The woman who is absolutely divorced does not leave her house until she is free to remarry. She has no maintenance unless she is pregnant. In that circumstance the husband spends on her until she gives birth."

Malik said, "This is what is done among us."

The Prophet said, "The rewards (of deeds) are according to the intention, and everybody will get the reward for what he has intended. So whoever emigrated for Allah's and His Apostle's sake, his emigration was for Allah and His Apostle; and whoever emigrated for worldly benefits, or to marry a woman, then his emigration was for the thing for what he emigrated for." (1)

The Prophet saw the traces of Sufra (yellow perfume) on `Abdur-Rahman bin `Auf and said, "What is this?" `Abdur-Rahman, said, "I have married a woman and have paid gold equal to the weight of a datestone (as her Mahr). The Prophet said to him, "May Allah bless you: Offer a wedding banquet even with one sheep."

Usama approached the Prophet on behalf of a woman (who had committed theft). The Prophet said, "The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet ) did that (i.e. stole), I would cut off her hand."

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

The Prophet used to take the Pledge of allegiance from the women by words only after reciting this Holy Verse:--(60.12) "..that they will not associate anything in worship with Allah." (60.12) And the hand of Allah's Apostle did not touch any woman's hand except the hand of that woman his right hand possessed. (i.e. his captives or his lady slaves).

Yahya related to me from Malik from Muhammad ibn Zayd ibn Qunfudh that his mother asked Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, "What clothes can a woman wear in prayer?" She said, "She can pray in a shift that reaches down and covers the top of her feet."

Yahya related to me from Malik from Yahya ibn Said that Zayd ibn Thabit asked whether it was halal for a man who married a woman and then separated from her before he had cohabited with her, to marry her mother. Zayd ibn Thabit said, "No. The mother is prohibited unconditionally. There are conditions, however about foster-mothers."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman . He said, "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man gives a woman command over herself, then the result is as she decides unless he denies it and says that he only meant to give her one divorce and he swears to it - then he has access to her while she is in her idda."

(the mother of the believers) Um Sulaim, the wife of Abu Talha, came to Allah's Apostle and said, "O Allah's Apostle! Verily Allah is not shy of (telling you) the truth. Is it necessary for a woman to take a bath after she has a wet dream (nocturnal sexual discharge)?" Allah's Apostle replied, "Yes, if she notices a discharge."

I asked Allah's Apostle about a man who engages in sexual intercourse with his wife but does not discharge. He replied, "He should wash the parts which comes in contact with the private parts of the woman, perform ablution and then pray." (Abu `Abdullah said, "Taking a bath is safer and is the last order.")

A woman is allowed to leave (go back home) if she gets menses (after Tawaf-Al-Ifada). Ibn `Umar formerly used to say that she should not leave but later on I heard him saying, "She may leave, since Allah's Apostle gave them the permission to leave (after Tawaf-Al-Ifada)."

Allah's Apostle said, "When a woman gives in charity some of the foodstuff (which she has in her house) without spoiling it, she will receive the reward for what she has spent, and her husband will receive the reward because of his earning, and the storekeeper will also have a reward similar to it. The reward of one will not decrease the reward of the others . "

The Prophet (saws) said about the woman having a prolonged flow of blood: She should abandon prayer during her menstrual period: then she should take a bath and pray. She should perform ablution for every prayer.

Abu Dawud said: 'Uthman added: She should keep fast and pray.

(The brother of the wife of Allah's Apostle. Juwaira bint Al-Harith) When Allah's Apostle died, he did not leave any Dirham or Dinar (i.e. money), a slave or a slave woman or anything else except his white mule, his arms and a piece of land which he had given in charity .

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one who killed him. If the man who murdered him dies, he has no retaliation or blood-money."

Malik said, "There is no retaliation held against a free man by a slave for any injury. The slave is killed for the free man when he intentionally murders him. The free man is not slain for the slave, even if he murders him intentionally. It is the best of what I have heard."

Malik related to me that he had heard that Said ibn al-Musayyab was asked who had the wala' of the children whom a slave had by a free woman. Said said, "If their father dies and he is a slave who was not set free, their wala' belongs to the mawali of their mother."

Malik said, "That is like the child of a woman who is a mawla who has been divorced by lian; the child is attached to the mawali of his mother and they are his mawali. If he dies, they inherit from him. If he commits a crime, they pay the blood-money for him. If his father acknowledges him, he is given a kinship to him and his wala' goes to the mawali of his father. They are his heirs, they pay his blood-money and his father is punished with the hadd-punishment."

Malik said, "It is like that with a free-born woman divorced by lian. If her husband who curses her by lian does not acknowledge her child, the child is dealt with in the same way except that the rest of his inheritance after the inheritance of his mother and his brothers from his mother goes to all the muslims as long as he was not given kinship to his father. The child of the lian is attached to the patronage of the mawali of his mother until his father acknowledges him because he does not have a lineage or paternal relations. If his lineage is confirmed, it goes to his paternal relations."

Malik said, "The generally agreed-on way of doing things among us about a child of a slave by a free woman, while the father of the slave is free, is that the grandfather (the father of the slave), attracts the wala' of his son's free children by a free woman. They leave their inheritance to him as long as their father is a slave. If the father becomes free, the wala' returns to his mawali. If he dies and he is still a slave, the inheritance and the wala' go to the grandfather. If the slave has two free sons, and one of them dies while the father is still a slave, the grandfather, the father of the father, attracts the wala' and the inheritance."

Malik spoke about a slave-girl who was set free while she was pregnant and her husband was a slave and then her husband became free before she gave birth, or after she gave birth. He said, "The wala' of what is in her womb goes to the person who set the mother free because slavery touched the child before the mother was set free. It is not treated in the same way as a child conceived by its mother after she has been set free because the wala' of such a child, is attracted by the father when he is set free."

Malik said that if a slave asked his master's permission to free a slave of his and his master gave permission, the wala' of the freed slave went to the master of his master, and his wala' did not return to the master who had set him free, even if he were to become free himself."

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 ."

Sahl bin Sa`d said that a woman brought a Burda (sheet) to the Prophet. Sahl asked the people, "Do you know what is a Burda?" The people replied, "It is a 'Shamla', a sheet with a fringe." That woman said, "O Allah's Apostle! I have brought it so that you may wear it." So the Prophet took it because he was in need of it and wore it. A man among his companions, seeing him wearing it, said, "O Allah's Apostle! Please give it to me to wear." The Prophet said, "Yes." (and gave him that sheet). When the Prophet left, the man was blamed by his companions who said, "It was not nice on your part to ask the Prophet for it while you know that he took it because he was in need of it, and you also know that he (the Prophet) never turns down anybody's request that he might be asked for." That man said, "I just wanted to have its blessings as the Prophet had put it on, so l hoped that I might be shrouded in it."

The Jews came to Allah's Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah (old Testament) about the legal punishment of Ar-Rajm (stoning)?" They replied, (But) we announce their crime and lash them." `Abdullah bin Salam said, "You are telling a lie; Torah contains the order of Rajm." They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. `Abdullah bin Salam said to him, "Lift your hand." When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. (`Abdullah bin `Umar said, "I saw the man leaning over the woman to shelter her from the stones."

This tradition has also been transmitted through a different chain of narrators by Ibn ‘Umar to the same effect. This version adds “A woman in the sacred state(while wearing ihram) should not be veiled or wear gloves.

Abu Dawud said This tradition has also been transmitted by Hatim bin Isma’il and Yahya bin Ayyub from Musa bin ‘Uqbah from ‘Nafi as reported by al Laith. This has also been narrated by Musa bin Tariq from Musa bin ‘Uqbah as a statement of Ibn ‘Umar(not of the Prophet). Similarly, this tradition has also been transmitted by ‘Ubaid Allah bin Umar, Malik and Ayyub as a statement of Ibn ‘Umar (not of the Prophet). Ibrahim bin Sa’id al Madini narrated this tradition from Nafi’ on the authority of Ibn ‘Umar from the Prophet (saws) A woman in the sacred state (wearing ihram) must not be veiled or wear gloves.

Abu Dawud said Ibrahim bin Sa’id al Madini is a traditionist of Madina. Not many traditions have been narrated by him.

The Prophet (saws) said: A man or a woman acts in obedience to Allah for sixty years, then when they are about to die they cause injury by their will, so they must go to Hell. Then AbuHurayrah recited: "After a legacy which you bequeath or a debt, causing no injury...that will be the mighty success.

Abu Dawud said: Al-Ash'ath b. Jabir is the grandfather of Nasr b. 'Ali.

Yahya related to me from Malik from Nafi that Rubayyi bint Muawwidh ibn Afra came with her paternal uncle to Abdullah ibn Umar and told him that she had divorced her husband for a compensation in the time of Uthman ibn Affan, and he heard about it and did not disapprove. Abdullah ibn Umar said, "Her idda is the idda of a divorced woman."

The Prophet seeing a yellow mark (of perfume) on the clothes of `Abdur-Rahman bin `Auf, said, "What about you?" `Abdur-Rahman replied, "I have married a woman with a Mahr of gold equal to a date-stone." The Prophet said, "May Allah bestow His Blessing on you (in your marriage). Give a wedding banquet, (Walima) even with one sheep."

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.

Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you marry a woman or buy a slave-girl, take her by the forelock and ask for baraka. When you buy a camel, take the top of its hump, and seek refuge with Allah from Shaytan."

Allah's Apostle said, "The reward of deeds depends upon the intention and every person will get the reward according to what he has intended. So whoever emigrated for Allah and His Apostle, then his emigration was for Allah and His Apostle. And whoever emigrated for worldly benefits or for a woman to marry, his emigration was for what he emigrated for."

A woman from the tribe of Khath'am came in the year (of ,Hajjat-al-Wada` of the Prophet ) and said, "O Allah's Apostle! My father has come under Allah's obligation of performing Hajj but he is a very old man and cannot sit properly on his Mount. Will the obligation be fulfilled if I perform Hajj on his behalf?" The Prophet replied in the affirmative.

That the Prophet (saws) said: "Many a man achieved perfection, but no woman achieved perfection except for Mariam the daughter of 'Imran, and Asiyah the wife of Fir'awn. And the superiority of 'Aishah over other women is like the superiority of Tharid over other foods."

He said: There is something on this topic from 'Aishah and Anas.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

I went to `Aisha and she was wearing a coarse dress costing five Dirhams. `Aisha said, "Look up and see my slave-girl who refuses to wear it in the house though during the lifetime of Allah's Apostle I had a similar dress which no woman desiring to appear elegant (before her husband) failed to borrow from me."

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.

Allah's Apostle sent `Abdullah bin 'Atik and `Abdullah bin `Utba with a group of men to Abu Rafi` (to kill him). They proceeded till they approached his castle, whereupon `Abdullah bin Atik said to them, "Wait (here), and in the meantime I will go and see." `Abdullah said later on, "I played a trick in order to enter the castle. By chance, they lost a donkey of theirs and came out carrying a flaming light to search for it. I was afraid that they would recognize me, so I covered my head and legs and pretended to answer the call to nature. The gatekeeper called, 'Whoever wants to come in, should come in before I close the gate.' So I went in and hid myself in a stall of a donkey near the gate of the castle. They took their supper with Abu Rafi` and had a chat till late at night. Then they went back to their homes. When the voices vanished and I no longer detected any movement, I came out. I had seen where the gate-keeper had kept the key of the castle in a hole in the wall. I took it and unlocked the gate of the castle, saying to myself, 'If these people should notice me, I will run away easily.' Then I locked all the doors of their houses from outside while they were inside, and ascended to Abu Rafi` by a staircase. I saw the house in complete darkness with its light off, and I could not know where the man was. So I called, 'O Abu Rafi`!' He replied, 'Who is it?' I proceeded towards the voice and hit him. He cried loudly but my blow was futile. Then I came to him, pretending to help him, saying with a different tone of my voice, ' What is wrong with you, O Abu Rafi`?' He said, 'Are you not surprised? Woe on your mother! A man has come to me and hit me with a sword!' So again I aimed at him and hit him, but the blow proved futile again, and on that Abu Rafi` cried loudly and his wife got up. I came again and changed my voice as if I were a helper, and found Abu Rafi` lying straight on his back, so I drove the sword into his belly and bent on it till I heard the sound of a bone break. Then I came out, filled with astonishment and went to the staircase to descend, but I fell down from it and got my leg dislocated. I bandaged it and went to my companions limping. I said (to them), 'Go and tell Allah's Apostle of this good news, but I will not leave (this place) till I hear the news of his (i.e. Abu Rafi`'s) death.' When dawn broke, an announcer of death got over the wall and announced, 'I convey to you the news of Abu Rafi`'s death.' I got up and proceeded without feeling any pain till I caught up with my companions before they reached the Prophet to whom I conveyed the good news."

I heard an old man who transmitted from Abu Bakrah on this father's authority that the Prophet (saws) had a woman stoned and a pit was dug up to her breasts.

Abu Dawud said: A man made me understand it from 'Uthman (b. Abi Shaibah)

Abu Dawud said: Al-Ghassani said: Juhainah, Ghamid and Bariq as the same.

Ibn Shihab: I do not know whether he (the Prophet) said it is a third or a fourth time.