Jabir bin Abdullah said “We raised our voices in talbiyah along with the Apostle of Allaah(saws) exclusively for Hajj, not combining anything with it. When we came to Makkah four days of Dhu al Hijjah had already passed. We the circumambulated (the Ka’bah) and ran between Al Safa’ and Al Marwah . The Apostle of Allaah(saws) then commanded us to put off ihram. He said if I had not brought the sacrificial animals, I would have taken off Ihram. Suraqah bin Malik then stood up and said Apostle of Allaah , what do you think, have you provided this facility to us for this year alone or forever? The Apostle of Allaah said No, this forever and forever.

Al Awza’l said I heard Ata bin Abi Rabah narrating this tradition, but I did not memorize it till I met Ibn Juraij who confirmed it for me.

The Prophet and Abu Bakr employed a (pagan) man from the tribe of Bani Ad-Dail and the tribe of Bani 'Abu bin `Adi as a guide. He was an expert guide and he broke the oath contract which he had to abide by with the tribe of Al-`Asi bin Wail and he was on the religion of Quraish pagans. The Prophet and Abu Bakr had confidence in him and gave him their riding camels and told him to bring them to the Cave of Thaur after three days. So, he brought them their two riding camels after three days and both of them (The Prophet and Abu Bakr) set out accompanied by 'Amir bin Fuhaira and the Dili guide who guided them below Mecca along the road leading to the sea-shore.

A man of Bakr ibn Layth came to the Prophet (saws) and made confession four times that he had committed fornication with a woman, so he had a hundred lashes administered to him. The man had not been married. He then asked him to produce proof against the woman, and she said: I swear by Allah, Messenger of Allah, that he has lied. Then he was given the punishment of eighty lashes of falsehood.

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

There was a black slave girl belonging to an 'Arab tribe and they manumitted her but she remained with them. The slave girl said, "Once one of their girls (of that tribe) came out wearing a red leather scarf decorated with precious stones. It fell from her or she placed it somewhere. A kite passed by that place, saw it Lying there and mistaking it for a piece of meat, flew away with it. Those people searched for it but they did not find it. So they accused me of stealing it and started searching me and even searched my private parts." The slave girl further said, "By Allah! while I was standing (in that state) with those people, the same kite passed by them and dropped the red scarf and it fell amongst them. I told them, 'This is what you accused me of and I was innocent and now this is it.' " `Aisha added: That slave girl came to Allah's Apostle and embraced Islam. She had a tent or a small room with a low roof in the mosque. Whenever she called on me, she had a talk with me and whenever she sat with me, she would recite the following: "The day of the scarf (band) was one of the wonders of our Lord, verily He rescued me from the disbelievers' town. `Aisha added: "Once I asked her, 'What is the matter with you? Whenever you sit with me, you always recite these poetic verses.' On that she told me the whole story. "

Allah's Apostle sent us (to fight) against Al-Huraqa (one of the sub-tribes) of Juhaina. We reached those people in the morning and defeated them. A man from the Ansar and I chased one of their men and when we attacked him, he said, "None has the right to be worshipped but Allah." The Ansari refrained from killing him but I stabbed him with my spear till I killed him. When we reached (Medina), this news reached the Prophet. He said to me, "O Usama! You killed him after he had said, 'None has the right to be worshipped but Allah?"' I said, "O Allah's Apostle! He said so in order to save himself." The Prophet said, "You killed him after he had said, 'None has the right to be worshipped but Allah." The Prophet kept on repeating that statement till I wished I had not been a Muslim before that day.

Yahya said that Malik was asked about whether a man who gave some sadaqa, and then found it being offered back to him for sale by some one other than the man to whom he had given it, could buy it or not, and he said, "I prefer that he leaves it."

That the Prophet had said to her, "`Abdullah is a pious man."

Allah's Apostle passed by a man praying two rak`at after the Iqama (had been pronounced). When Allah's Apostle completed the prayer, the people gathered around him (the Prophet) or that man and Allah's Apostle said to him (protesting), Are there four rak`at in Fajr prayer? Are there four rak`at in Fajr prayer?"

The Prophet said, "Allah curses a man who steals an egg and gets his hand cut off, or steals a rope and gets his hands cut off." Al-A`mash said, "People used to interpret the Baida as an iron helmet, and they used to think that the rope may cost a few dirhams."

Abdullah (bin Mas'ud) said, "Whoever took a false oath in order to grab somebody's property will meet Allah while Allah will be angry with him." Allah revealed the following verse to confirm that:--"Verily! Those who purchase a small gain at the cost of Allah's covenant And their oaths...a painful torment." (3.77)

Al-Ash'ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas'ud) was telling you." We related the story to him. On that he said, "He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Apostle. Allah's Apostle said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath." Allah's Apostle then said, 'Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him.' Allah then revealed what Confirmed it." Al-Ash'ath then recited the following Verse:--"Verily! Those who purchase a small gain at the cost of Allah's covenant, And their oaths . . . (to) . . . they shall have a painful torment!' (3.77) (See Hadith No. 546)

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar."

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."

The Prophet (saws) did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet (saws). When he was opposite al-Abbas's house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet (saws), he laughed and said: Did he do that? and he gave no command regarding him.

Abu Dawud said: This tradition of al-Hasan b. 'Ali has been transmitted only by the people of Medina.

The Prophet sent a Sariya of spies and appointed `Asim bin Thabit, the grandfather of `Asim bin `Umar bin Al-Khattab, as their leader. So they set out, and when they reached (a place) between 'Usfan and Mecca, they were mentioned to one of the branch tribes of Bani Hudhail called Lihyan. So, about one-hundred archers followed their traces till they (i.e. the archers) came to a journey station where they (i.e. `Asim and his companions) had encamped and found stones of dates they had brought as journey food from Medina. The archers said, "These are the dates of Medina," and followed their traces till they took them over. When `Asim and his companions were not able to go ahead, they went up a high place, and their pursuers encircled them and said, "You have a covenant and a promise that if you come down to us, we will not kill anyone of you." `Asim said, "As for me, I will never come down on the security of an infidel. O Allah! Inform Your Prophet about us." So they fought with them till they killed `Asim along with seven of his companions with arrows, and there remained Khubaib, Zaid and another man to whom they gave a promise and a covenant. So when the infidels gave them the covenant and promise, they came down. When they captured them, they opened the strings of their arrow bows and tied them with it. The third man who was with them said, "This is the first breach in the covenant," and refused to accompany them. They dragged him and tried to make him accompany them, but he refused, and they killed him. Then they proceeded on taking Khubaib and Zaid till they sold them in Mecca. The sons of Al-Harith bin `Amr bin Naufal bought Khubaib. It was Khubaib who had killed Al-Harith bin `Amr on the day of Badr. Khubaib stayed with them for a while as a captive till they decided unanimously to kill him. (At that time) Khubaib borrowed a razor from one of the daughters of Al- Harith to shave his pubic hair. She gave it to him. She said later on, "I was heedless of a little baby of mine, who moved towards Khubaib, and when it reached him, he put it on his thigh. When I saw it, I got scared so much that Khubaib noticed my distress while he was carrying the razor in his hand. He said 'Are you afraid that I will kill it? Allah willing, I will never do that,' " Later on she used to say, "I have never seen a captive better than Khubaib Once I saw him eating from a bunch of grapes although at that time no fruits were available at Mecca, and he was fettered with iron chains, and in fact, it was nothing but food bestowed upon him by Allah." So they took him out of the Sanctuary (of Mecca) to kill him. He said, "Allow me to offer a two-rak`at prayer." Then he went to them and said, "Had I not been afraid that you would think I was afraid of death, I would have prayed for a longer time." So it was Khubaib who first set the tradition of praying two rak`at before being executed. He then said, "O Allah! Count them one by one," and added, 'When I am being martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, because this death is in Allah's Cause. If He wishes, He will bless the cut limbs." Then `Uqba bin Al-Harith got up and martyred him. The narrator added: The Quraish (infidels) sent some people to `Asim in order to bring a part of his body so that his death might be known for certain, for `Asim had killed one of their chiefs on the day of Badr. But Allah sent a cloud of wasps which protected his body from their messengers who could not harm his body consequently.

A man came to Allah's Apostle and said, "I am ruined!" The Prophet said to him, "What is the matter?" He said, "I have done a sexual relation with my wife (while fasting) in Ramadan." The Prophet said to him?" "Can you afford to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" He said, "No." The Prophet said, "Can you feed sixty poor persons?" He said, "No." Then an Ansari man came with an Irq (a big basket full of dates). The Prophet said (to the man), "Take this (basket) and give it in charity." That man said, "To poorer people than we, O Allah's Apostle? By Him Who has sent you with the Truth! There is no house in between the two mountains (of the city of Medina) poorer than we." So the Prophet said (to him), "Go and feed it to your family."

(the freed slave of Ibn `Abbas) Ibn `Abbas told me, "In the lifetime of the Prophet it was the custom to celebrate Allah's praises aloud after the compulsory congregational prayers." Ibn `Abbas further said, "When I heard the Dhikr, I would learn that the compulsory congregational prayer had ended."

The people of Medina had a drought during the time of the Prophet (saws).

While he was preaching on a Friday, a man stood up and said: Messenger of Allah, the horses have perished, the goats have perished, pray to Allah to give us water. He spread his hands and prayed.

Anas said: The sky was like a mirror (there was no cloud). Then the wind rose; a cloud appeared (in the sky) and it spread : the sky poured down the water. We came out (from the mosque after the prayer) passing through the water till we reached our homes. The rain continued till the following Friday. The same or some other person stood up and said: Messenger of Allah, the houses have been demolished, pray to Allah to stop it.

The Messenger of Allah (saws) smiled and said: (O Allah), the rain may fall around us but not upon us. Then I looked at the cloud which dispersed around Medina just like a crown.

Yazid ibn Hurmuz said: Najdah wrote to Ibn Abbas asking him about such-and-such, and such-and-such, and he mentioned some things; he (asked) about a slave whether he would get something from the spoils; and he (asked) about women whether they used to go out (on expeditions) along with the Messenger of Allah (saws), and whether they would be allotted a share, Ibn Abbas said: Had I not apprehended a folly, I would not have written (a reply) to him. As for the slave, he was given a little of the spoils (as a reward from the booty); as to the women, they would treat the wounded and supply water.

Marwan said to his gatekeeper, "Go to Ibn `Abbas, O Rafi`, and say, 'If everybody who rejoices in what he has done, and likes to be praised for what he has not done, will be punished, then all of us will be punished." Ibn `Abbas said, "What connection have you with this case? It was only that the Prophet called the Jews and asked them about something, and they hid the truth and told him something else, and showed him that they deserved praise for the favor of telling him the answer to his question, and they became happy with what they had concealed. Then Ibn `Abbas recited:-- "(And remember) when Allah took a Covenant from those who were given the Scripture..and those who rejoice in what they have done and love to be praised for what they have not done.' " (3.187-188)

Humaid bin `Abdur-Rahman bin `Auf narrated that Marwan had told him (the above narration).

We asked Ibn `Umar whether a man who had performed the Tawaf of the Ka`ba but had not performed the Tawaf between As-Safa and Al-Marwa yet, was permitted to have sexual relation with his wife. He replied, "The Prophet arrived (at Mecca) and circumambulated the Ka`ba seven times and then offered a two rak`at prayer behind Maqam-lbrahim and then performed the going (Tawaf) between As-Safa and Al-Marwa (seven times) (and verily, in Allah's Apostle you have a good example." And we asked Jabir bin `Abdullah (the same question) and he replied, "He should not go near her till he has finished the going (Tawaf) between As-Safa and Al-Marwa."

I was among the captives of Banu Qurayzah. They (the Companions) examined us, and those who had begun to grow hair (pubes) were killed, and those who had not were not killed. I was among those who had not grown hair.

`Aisha bought Barira in order to manumit her, but her masters stipulated that her Wala' (after her death) would be for them. `Aisha said, "O Allah's Apostle! I have bought Barira in order to manumit her, but her masters stipulated that her Wala' will be for them." The Prophet said, "Manumit her as the Wala is for the one who manumits (the slave)," or said, "The one who pays her price." Then `Aisha bought and manumitted her. After that, Barira was given the choice (by the Prophet) (to stay with her husband or leave him). She said, "If he gave me so much and so much (money) I would not stay with him." (Al-Aswad added: Her husband was a free man.) The sub-narrator added: The series of the narrators of Al-Aswad's statement is incomplete. The statement of Ibn `Abbas, i.e., when I saw him he was a slave, is more authentic.

the daughter of Abu Talib: I went to Allah's Apostle on the day of the conquest of Mecca and found him taking a bath, and his daughter Fatima was screening him. I greeted him and he asked, "Who is that?" I said, "I, Um Hani bint Abi Talib." He said, "Welcome, O Um Hani." When he had finished his bath, he stood up and offered eight rak`at while dressed in one garment. I said, "O Allah's Apostle! My brother `Ali has declared that he will kill a man to whom I have granted asylum. The man is so and-so bin Hubaira." Allah's Apostle said, "O Um Hani! We will grant asylum to the one whom you have granted asylum." (Um Hani said, "That (visit) took place in the Duha (i.e. forenoon)).

A man said to the Prophet "I performed the Tawaf-al-Ifada before the Rami (throwing pebbles at the Jamra)." The Prophet replied, "There is no harm." The man said, "I had my head shaved before slaughtering." The Prophet replied, "There is no harm." He said, "I have slaughtered the Hadi before the Rami." The Prophet replied, "There is no harm."

Abu Dawud said: It has also been narrated by Abu al-Walid al-Tayalisi, but I did not hear him. He reported it from 'Aishah through a different chain of narrators. 'Aishah said: Zainab daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) said to her: Take bath for every prayer. The narrator then reported the tradition (in full).

Abu Dawud said: The version transmitted by 'Abd al-Samad from Sulaiman b. Kathir has: "Perform ablution for every prayer." This is a misunderstanding on the part of 'Abd al-Samad. The correct version is the one narrated by Abu al-Walid.

Ibn 'Umar reported that the Jews brought to Allah's Messenger (may peace be upon him) a man and a woman who had committed adultery. The rest of the hadith is the same.

A man came to the Prophet and said to him, "My sister vowed to perform the Hajj, but she died (before fulfilling it)." The Prophet said, "Would you not have paid her debts if she had any?" The man said, "Yes." The Prophet said, "So pay Allah's Rights, as He is more entitled to receive His rights."

One day Allah's Apostle narrated to us a long narration about Ad-Dajjal and among the things he narrated to us, was: "Ad-Dajjal will come, and he will be forbidden to enter the mountain passes of Medina. He will encamp in one of the salt areas neighboring Medina and there will appear to him a man who will be the best or one of the best of the people. He will say 'I testify that you are Ad-Dajjal whose story Allah's Apostle has told us.' Ad-Dajjal will say (to his audience), 'Look, if I kill this man and then give him life, will you have any doubt about my claim?' They will reply, 'No,' Then Ad- Dajjal will kill that man and then will make him alive. The man will say, 'By Allah, now I recognize you more than ever!' Ad-Dajjal will then try to kill him (again) but he will not be given the power to do so."

Abu Dawud said: A similar version has been narrated by Zubaid, ‘Uqail, Yunus, cousin of Al-Zuhri, Ibn Abi-Wazir, on the authority of al-Zuhr, musan, al-Hajabi, like al-Zuhri, narrated on the authority of ‘Urwah from ‘A’ishah, but Hisham b. ‘Urwah narrated from ‘Urwah on the authority of Zainab daughter of Abu Salamah from Umm Salamah saying. Umm Sulaim came to the Messenger of Allah (may peace be upon him).

`Uqba bin `Amr said to Hudhaifa, "Won't you relate to us of what you have heard from Allah's Apostle ?" He said, "I heard him saying, "When Al-Dajjal appears, he will have fire and water along with him. What the people will consider as cold water, will be fire that will burn (things). So, if anyone of you comes across this, he should fall in the thing which will appear to him as fire, for in reality, it will be fresh cold water." Hudhaifa added, "I also heard him saying, 'From among the people preceding your generation, there was a man whom the angel of death visited to capture his soul. (So his soul was captured) and he was asked if he had done any good deed.' He replied, 'I don't remember any good deed.' He was asked to think it over. He said, 'I do not remember, except that I used to trade with the people in the world and I used to give a respite to the rich and forgive the poor (among my debtors). So Allah made him enter Paradise." Hudhaifa further said, "I also heard him saying, 'Once there was a man on his death-bed, who, losing every hope of surviving said to his family: When I die, gather for me a large heap of wood and make a fire (to burn me). When the fire eats my meat and reaches my bones, and when the bones burn, take and crush them into powder and wait for a windy day to throw it (i.e. the powder) over the sea. They did so, but Allah collected his particles and asked him: Why did you do so? He replied: For fear of You. So Allah forgave him." `Uqba bin `Amr said, "I heard him saying that the Israeli used to dig the grave of the dead (to steal their shrouds).

Another chain reports a similar hadith.

A man of the tribe of Aslam came to the Prophet (saws) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (saws) was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes. He asked: Do you know what fornication is? He replied: Yes. I have done with her unlawfully what a man may lawfully do with his wife.

He then asked: What do you want from what you have said? He said: I want you to purify me. So he gave orders regarding him and he was stoned to death. Then the Prophet (saws) heard one of his companions saying to another: Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog. He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air.

He asked: Where are so and so? They said: Here we are, Messenger of Allah (saws)! He said: Go down and eat some of this ass's corpse. They replied: Messenger of Allah! Who can eat any of this? He said: The dishonour you have just shown to your brother is more serious than eating some of it. By Him in Whose hand my soul is, he is now among the rivers of Paradise and plunging into them.

Yahya related to me from Malik from Ubaydullah ibn Abd ar-Rahman that Ubayd ibn Hunayn, the mawla of the family of Zayd ibn al Khattab, said that he had heard Abu Hurayra say, "I was going along with the Messenger of Allah, may Allah bless him and grant him peace, when he heard a man reciting Surat al-Ikhlas (Sura 112). The Messenger of Allah, may Allah bless him and grant him peace, said, 'It is obligatory,' and I asked him, 'What is, Messenger of Allah?' and he said, 'The Garden.' I wanted to tell the man the good news but I was afraid that I would miss the midday meal with the Messenger of Allah, may Allah bless him and grant him peace, and I preferred to eat with the Messenger of Allah, may Allah bless him and grant him peace. When I went to the man afterwards I found that he had gone."

who attended the Badr battle and was from the Ansar, that he came to the Prophet and said, "O Allah's Apostle! I have lost my eyesight and I lead my people in the prayer (as an Imam). When it rains, the valley which is between me and my people, flows with water, and then I cannot go to their mosque to lead them in the prayer. O Allah's Apostle! I wish that you could come and pray in my house so that I may take it as a praying place. The Prophet said, "Allah willing, I will do that." The next morning, soon after the sun had risen, Allah's Apostle came with Abu Bakr. The Prophet asked for the permission to enter and I admitted him. The Prophet had not sat till he had entered the house and said to me, "Where do you like me to pray in your house?" I pointed at a place in my house whereupon he stood and said, "Allahu Akbar." We lined behind him and he prayed two rak`at and finished it with Taslim. We then requested him to stay for a special meal of Khazira which we had prepared. A large number of men from the adjoining area gathered in the house. One of them said, "Where is Malik bin Ad-Dukhshun?" Another man said, "He is a hypocrite and does not love Allah and His Apostle." The Prophet said, "Do not say so. Do you not think that he has said: "None has the right to be worshipped but Allah," seeking Allah's pleasure? The man said, "Allah and His Apostle know better, but we have always seen him mixing with hypocrites and giving them advice." The Prophet said, "Allah has forbidden the (Hell) Fire for those who testify that none has the right to be worshipped but Allah, seeking Allah's pleasure. "

AbuBarzah said: I was with AbuBakr. He became angry at a man and uttered hot words. I said: Do you permit me, Caliph of the Messenger of Allah (saws), that I cut off his neck? These words of mine removed his anger; he stood and went in. He then sent for me and said: What did you say just now? I said: (I had said:) Permit me that I cut off his neck. He said: Would you do it if I ordered you? I said: Yes. He said: No, I swear by Allah, this is not allowed for any man after Muhammad (saws).

Abu Dawud said: This is Yazid's version. Ahmad bin Hanbal said: That is, Abu Bakr has no powers to slay a man except for three reasons which the Messenger of Allah (saws) had mentioned: disbelief after belief, fornication after marriage, or killing a man without (murdering) any man by him. The Prophet (saws) had powers to kill.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes."

Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him."