Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Amr ibn Hazm that he had heard Abbad ibn Tamim say that he had heard Abdullah ibn Zayd al-Mazini say, "The Messenger of Allah, may Allah bless him and grant him peace, came out to the place of prayer and asked for rain, and when he faced the qibla he turned his cloak inside out."
Malik was asked how many rakas there were in the prayer of asking for rain and he said, "Two rakas, and the imam does the prayer before he gives the khutba. He prays two rakas, and then he gives a khutba and makes dua, facing the qibla and turning his cloak inside out. He recites out loud in both rakas, and when he turns his cloak inside out he puts what is on his right on his left, and what is on his left on his right, and all the people turn their cloaks inside out when the imam does so, and face the qibla, sitting."
| Sunnah.com reference | : Book 13, Hadith 1 |
| USC-MSA web (English) reference | : Book 13, Hadith 1 |
| Arabic reference | : Book 13, Hadith 452 |
Yahya related to me from Malik from Jafar ibn Muhammad from his father from Jabir ibn Abdullah that the Messenger of Allah, may Allah bless him and grant him peace, walked when he came down from Safa and Marwa and then, when he reached the middle of the valley, he broke into a light run until he had left it.
Malik said, about a man who, out of ignorance, did the say between Safa and Marwa before he had done tawaf of the House, "He should go back and do tawaf of the House and then do say between Safa and Marwa. If he does not learn about this until he has left Makka and is far away, he should return to Makka and do tawaf of the House and say between Safa and Marwa. If in the meantime he has had intercourse with a woman he should return, and do tawaf of the House and say between Safa and Marwa so that he completes what he owes of that umra. Then, after that, he has to do another umra and offer a sacrificial animal ."
| USC-MSA web (English) reference | : Book 20, Hadith 132 |
| Arabic reference | : Book 20, Hadith 835 |
Yahya related to me from Malik that
Yahya ibn Said heard Ata ibn Abi Rabah mentioning that the camel-herders were allowed to throw the stones at night, and saying that this was in the early period (of Islam).
Malik said, "The explanation of the hadith where the Messenger of Allah, may Allah bless him and grant him peace, allowed the camel-herders to delay the stoning of the jamras is, in our view, and Allah knows best, that they threw stones on the day of sacrifice, and then threw again two days later, which was the first possible day for leaving, and this throwing was for the day which had passed. They then threw again for the day itself, because it is only possible for someone to make up for something which is obligatory for him, and when something obligatory passes someone by (without him doing it) he must necessarily make it up afterwards (and not beforehand). So (in the case of the camel-herders), if it seemed appropriate for them to leave that day, they would have done all that they were supposed to do, and if they were to stay until the following day, they would throw stones with everybody else on the second and last day for leaving, and then leave."
| USC-MSA web (English) reference | : Book 20, Hadith 228 |
| Arabic reference | : Book 20, Hadith 925 |
Yahya said, "I heard Malik say that if a man pledges his garden for a stated period and the fruits of that garden are ready before the end of that period, the fruits are not included in the pledge with the real estate, unless it is stipulated by the pledger in his pledge. However, if a man receives a slave-girl as a pledge and she is pregnant or she becomes pregnant after his taking her as a pledge, her child is included with her.
"A distinction is made between the fruit and the child of the slave-girl. The Messenger of Allah, may Allah bless him and grant him peace, said, 'If someone sells a palm which has been pollinated, the fruit belongs to the seller unless the buyer stipulates its inclusion.' The undisputed way of doing things in our community is that if a man sells a slave-girl or an animal with a foetus in its womb, the foetus belongs to the buyer, whether or not the buyer stipulates it. The palm is not like the animal. Fruit is not like the foetus in its mother's womb. Part of what clarifies that is also that it is the usage of people to have a man pawn the fruit of the palm apart from the palm. No one pawns the foetus in its mother's womb whether of slaves or animals."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3379 |
| In-book reference | : Book 48, Hadith 10 |
| English translation | : Vol. 6, Book 45, Hadith 3379 |
| Grade: | Da'of (Darussalam) [ because Abu Yahya al-Makki and Farrookh the freed slave of 'Uthman are unknown. (Darussalam) |
| Reference | : Musnad Ahmad 135 |
| In-book reference | : Book 2, Hadith 53 |
| Grade: | Sahih (Darussalam), al-Bukhari (3685) and Muslim (2389)] (Darussalam) |
| Reference | : Musnad Ahmad 898 |
| In-book reference | : Book 5, Hadith 327 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5533 |
| In-book reference | : Book 28, Hadith 13 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 906 |
| In-book reference | : Book 5, Hadith 104 |
| English translation | : Vol. 1, Book 5, Hadith 906 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 904 |
| In-book reference | : Book 5, Hadith 102 |
| English translation | : Vol. 1, Book 5, Hadith 904 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 184 |
| In-book reference | : Introduction, Hadith 184 |
| English translation | : Vol. 1, Book 1, Hadith 184 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3487 |
| In-book reference | : Book 31, Hadith 52 |
| English translation | : Vol. 4, Book 31, Hadith 3487 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 279 |
| In-book reference | : Book 1, Hadith 13 |
| English translation | : Vol. 1, Book 1, Hadith 279 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3270 |
| In-book reference | : Book 29, Hadith 20 |
| English translation | : Vol. 4, Book 29, Hadith 3270 |
That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."
And this is a Sahih Hadith.
This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"
Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.
And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1246 |
| In-book reference | : Book 14, Hadith 46 |
| English translation | : Vol. 1, Book 12, Hadith 1246 |
[Al-Bukhari and Muslim].
"يرزأ" براء ثم زاى ثم همزة، أي: لم يأخذ من أحد شيئاً، وأصل الرزء: النقصان، أي: لم ينقص أحداً شيئاً بالأخذ منه. و"إشراف النفس": تطلعها وطمعها بالشيء. "سخاوة النفس": هي عدم الإشراف إلى الشيء، والطمع فيه، والمبالاة به والشره.
| Reference | : Riyad as-Salihin 523 |
| In-book reference | : Introduction, Hadith 523 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4142 |
| In-book reference | : Book 37, Hadith 43 |
| English translation | : Vol. 5, Book 37, Hadith 4142 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 995 |
| In-book reference | : Book 5, Hadith 193 |
| English translation | : Vol. 1, Book 5, Hadith 995 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3276 |
| In-book reference | : Book 29, Hadith 26 |
| English translation | : Vol. 4, Book 29, Hadith 3276 |
Narrated Zubayb ibn Tha'labah al-Anbari:
The Messenger of Allah (saws) sent an army to Banu al-Anbar. They captured them at Rukbah in the suburbs of at-Ta'if and drove them to the Holy Prophet (saws).
I rode hurriedly to the Holy Prophet (saws) and said: Peace be on you, Messenger of Allah, and the mercy of Allah and His blessings. Your contingent came to us and arrested us, but we had already embraced Islam and cut the sides of the ears of our cattle.
When Banu al-Anbar arrived, the Holy Prophet (saws) said to me: Have you any evidence that you had embraced Islam before you were captured today?
I said: Yes. He said: Who is your witness? I said: Samurah, a man from Banu al-Anbar, and another man whom he named. The man testified but Samurah refused to testify. The Holy Prophet (saws) said: He (Samurah) has refused to testify for you, so take an oath with your other witness. I said: Yes. He then dictated an oath to me and I swore to the effect that we had embraced Islam on a certain day, and that we had cut the sides of the ears of the cattle.
The Holy Prophet (saws) said: Go and divide half of their property, but do not touch their children. Had Allah not disliked the wastage of action, we should not have taxed you even a rope.
Zubayb said: My mother called me and said: This man has taken my mattress. I then went to the Holy Prophet (saws) and informed him.
He said to me: Detain him. So I caught him with a garment around his neck, and stood there with him . Then the Holy Prophet (saws) looked at us standing there. He asked: What do you intend (doing) with your captive?
I said: I shall let him go free if he returns to this (man) the mattress of his mother which he has taken from her.
He said: Prophet of Allah (saws), I no longer have it.
He said: The Holy Prophet (saws) took the sword of the man and gave it to me, and said to him: Go and give him some sa's of cereal. So he gave me some sa's of barley.
| Grade: | Da'if (Al-Albani) | ضعيف (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3612 |
| In-book reference | : Book 25, Hadith 42 |
| English translation | : Book 24, Hadith 3605 |
| Grade: | Maudu’ (Darussalam) |
| Reference | : Sunan Ibn Majah 3318 |
| In-book reference | : Book 29, Hadith 68 |
| English translation | : Vol. 4, Book 29, Hadith 3318 |
It is narrated on the authority of Abu Huraira and Hudhaifa that the Messenger of Allah (may peace be upon him) said:
| Reference | : Sahih Muslim 195 |
| In-book reference | : Book 1, Hadith 388 |
| USC-MSA web (English) reference | : Book 1, Hadith 380 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 901 |
| In-book reference | : Book 11, Hadith 26 |
| English translation | : Vol. 2, Book 11, Hadith 902 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 1062 |
| In-book reference | : Book 12, Hadith 34 |
| English translation | : Vol. 2, Book 12, Hadith 1063 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 2289 |
| In-book reference | : Book 12, Hadith 153 |
| English translation | : Vol. 3, Book 12, Hadith 2289 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3287 |
| In-book reference | : Book 29, Hadith 37 |
| English translation | : Vol. 4, Book 29, Hadith 3287 |
Yahya related to me from Malik from Ibn Shihab that Abu Ubayd, the mawla of Ibn Azhar said, "I was present at an id with Umar ibn al- Khattab. He prayed, and then after he had prayed he gave a khutba to the people and said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade fasting on these two days - the day you break your fast (after Ramadan), and the day you eat from your sacrifice (after Hajj) .' "
Abu Ubaydcontinued,"Then I was present at an id with Uthman ibn Affan. He came and prayed, and when he had finished he gave a khutba and said, 'Two ids have been joined together for you on this day of yours. If any of the people of al-Aliyya (the hills outlying Madina) want to wait for the jumua they can do so, and if any of them want to return, I have given them permission.' Abu Ubayd continued, "Then I was present at an id with AIi ibn Abi Talib (at the time when Uthman was being detained). He came and prayed, and then after he had prayed he gave a khutba."
| USC-MSA web (English) reference | : Book 10, Hadith 5 |
| Arabic reference | : Book 10, Hadith 435 |
Yahya related to me from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Zakat is not permissible for someone who is not in need except for five:
Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."
Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."
| USC-MSA web (English) reference | : Book 17, Hadith 30 |
| Arabic reference | : Book 17, Hadith 607 |
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them, they would have been yours, but today they are the property of the heirs, and they are your two brothers and your two sisters, so divide it according to the Book of Allah.' A'isha continued, "I said, 'My father! By Allah, even if it had been more, I would have left it. There is only Asma. Who is my other sister?" Abu Bakr replied, 'What is in the womb of Kharija? (Kharija was the wife of Abu Bakr's 'brother' from the Ansar.) I think that it is going to be a girl.' "
| USC-MSA web (English) reference | : Book 36, Hadith 40 |
| Arabic reference | : Book 36, Hadith 1443 |
Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."
Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."
Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."
| USC-MSA web (English) reference | : Book 43, Hadith 4 |
| Arabic reference | : Book 43, Hadith 1563 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1933 |
| In-book reference | : Book 27, Hadith 39 |
| English translation | : Vol. 4, Book 1, Hadith 1933 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2721 |
| In-book reference | : Book 42, Hadith 34 |
| English translation | : Vol. 5, Book 40, Hadith 2721 |
| Grade: | Sahih (Darussalam), al-Bukhari (4947) and Muslim (2647)] (Darussalam) |
| Reference | : Musnad Ahmad 1110 |
| In-book reference | : Book 5, Hadith 526 |
| Grade: | Lts isnad is Sahih, al-Bukhari (7552) and Muslim (2647)] (Darussalam) |
| Reference | : Musnad Ahmad 1181 |
| In-book reference | : Book 5, Hadith 591 |
It was narrated from a man from Banu Sahm, from Ibn Majidah as-Sahmi, that he said: Abu Bakr led us on Hajj, during his caliphate, and he mentioned the same hadeeth.
حَدَّثَنَا يَعْقُوبُ حَدَّثَنَا أَبِي عَنِ ابْنِ إِسْحَاقَ قَالَ وَحَدَّثَنِي الْعَلَاءُ بْنُ عَبْدِ الرَّحْمَنِ عَنْ رَجُلٍ مِنْ بَنِي سَهْمٍ عَنِ ابْنِ مَاجِدَةَ السَّهْمِيِّ أَنَّهُ قَالَ حَجَّ عَلَيْنَا أَبُو بَكْرٍ رَضِيَ اللَّهُ عَنْهُ فِي خِلَافَتِهِ فَذَكَرَ الْحَدِيثَ.
| Grade: | [Da'if (Darussalam) because the man of Banu Sahm is unknown (Darussalam) |
| Reference | : Musnad Ahmad 102, 103 |
| In-book reference | : Book 2, Hadith 21 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1323 |
| In-book reference | : Book 4, Hadith 732 |
Yahya related to me from Malik that the best of what he had heard about horses, mules, and donkeys was that they were not eaten because Allah, the Blessed, the Exalted,said, "And horses, and mules and asses, for you to ride, and as an adornment. " (Sura 16 ayat 8) . He said, may He be Blessed and Exalted, "In cattle, some of them you ride, and some of them you eat." (Sura 6 ayat 79). He said, the Blessed, the Exalted, "Mention Allah's name over what He has provided you of cattle, and eat of them and feed the beggar (al-qani) and the suppliant (al-mutarr). (Sura 22 ayat 34).
Malik said "Allah mentioned horses, mules, and donkeys for riding and adornment, and He mentioned cattle for riding and eating."
Malik said, "Al-qani also means the poor."
| USC-MSA web (English) reference | : Book 25, Hadith 15 |
قَالَ مُعْتَمِرٌ أُرَاهُ فِي الاِسْتِسْقَاءِ .
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1271 |
| In-book reference | : Book 5, Hadith 469 |
| English translation | : Vol. 1, Book 5, Hadith 1271 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4170 |
| In-book reference | : Book 37, Hadith 71 |
| English translation | : Vol. 5, Book 37, Hadith 4170 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1315 |
| In-book reference | : Book 5, Hadith 66 |
| English translation | : Book 5, Hadith 1310 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 3529 |
| In-book reference | : Book 31, Hadith 94 |
| English translation | : Vol. 4, Book 31, Hadith 3529 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2252 |
| In-book reference | : Book 12, Hadith 116 |
| English translation | : Vol. 3, Book 12, Hadith 2252 |
حَدَّثَنَا أَحْمَدُ بْنُ سَعِيدٍ الدَّارِمِيُّ، حَدَّثَنَا حَبَّانُ بْنُ هِلاَلٍ، حَدَّثَنَا سَعِيدُ بْنُ زَيْدٍ، عَنِ الزُّبَيْرِ بْنِ الْخِرِّيتِ، عَنْ أَبِي لَبِيدٍ، لِمَازَةَ بْنِ زَبَّارٍ عَنْ عُرْوَةَ بْنِ أَبِي الْجَعْدِ الْبَارِقِيِّ، قَالَ قَدِمَ جَلَبٌ فَأَعْطَانِي النَّبِيُّ صلى الله عليه وسلم دِينَارًا فَذَكَرَ نَحْوَهُ
.| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2402 |
| In-book reference | : Book 15, Hadith 13 |
| English translation | : Vol. 3, Book 15, Hadith 2402 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1748 |
| In-book reference | : Book 7, Hadith 111 |
| English translation | : Vol. 1, Book 7, Hadith 1748 |
Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al- Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.'
Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?'
''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off."
| Sunnah.com reference | : Book 45, Hadith 21 |
| USC-MSA web (English) reference | : Book 45, Hadith 22 |
| Arabic reference | : Book 45, Hadith 1621 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 3353 |
| In-book reference | : Book 29, Hadith 103 |
| English translation | : Vol. 4, Book 29, Hadith 3353 |
Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from his father that he had asked Abu Hurayra, "How do you pray over the dead?" and Abu Hurayra replied, "By the Life of Allah, I will tell you! I follow with the family and when the corpse is put down I say 'Allah is greater' and praise Allah and ask for blessings on His Prophet. Then I say, 'O Allah, he is Your slave and the son of Your male slave and Your female slave. He used to testify that there is no god but You and that Muhammad is Your slave and Your Messenger, and You know that best. O Allah, if he acted well, then increase for him his good action, and if he acted wrongly, then overlook his wrong actions. O Allah, do not deprive us of his reward, and do not try us after him.'"
Allahumma inna huwa abduka wa'bnu abdika wa'bnu amatika. Kana yash-hadu an la ilaha illa ant wa anna Muhammadan abduka wa rasooluka, wa anta alamu bihi. Allahumma in kana muhsinan zid fi ihsanihi, wa in kana musiyan fa tajawaz an sayatihi. Allahumma la tahrimna ajrahu wa lataftina badahu.
| USC-MSA web (English) reference | : Book 16, Hadith 17 |
| Arabic reference | : Book 16, Hadith 539 |
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha said, "I came to Makka at the time of my period so I did not do tawaf of the House or go between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do what the people doing hajj do except do not do tawaf of the House and go between Safa and Marwa until you are pure.' "
Malik said, concerning a woman who entered ihram for umra at the time of hajj, and she arrived in Makka during her period and so could not do tawaf of the House, "When she fears that the time (for hajj) is getting close, she gets into ihram for the hajj and sacrifices an animal. She is like someone who combines the hajj and the umra. One tawaf is enough for her. If a women starts her period after she has already done tawaf of the House and prayed, she does say between Safa and Marwa and stops at Arafa and Muzdalifa and stones the jamras but she does not do the tawaf al-ifada until she is pure and has finished her menses."
| USC-MSA web (English) reference | : Book 20, Hadith 233 |
| Arabic reference | : Book 20, Hadith 931 |
| Grade: | Hasan because of corroborating evidence, this is a Da'if isnad because Abdullah bin Yasar is unknown] (Darussalam) |
| Reference | : Musnad Ahmad 754 |
| In-book reference | : Book 5, Hadith 186 |
Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.
Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).
Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "
Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."
Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."
Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.
If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.
Malik said, "This is what I have heard."
Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."
Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.
Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.
Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.
Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.
Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.
| USC-MSA web (English) reference | : Book 29, Hadith 35 |
| Arabic reference | : Book 29, Hadith 1192 |