Malik said, "The generally agreed on way of doing things among us in which there is no dispute and which I saw the people of knowledge in our citydoing, is that the child of the half-sibling by the mother, the paternal grandfather, the paternal uncle who is the maternal half- brother of the father, the maternal uncle, the great-grandmother who is the mother of the mother's father, the daughter of the full- brother, the paternal aunt, and the maternal aunt do not inherit anything by their kinship."
Malik said, "The woman who is the furthest relation of the deceased of those who were named in this book, does not inherit anything by her kinship, and women do not inherit anything apart from those that are named in the Qur'an. Allah, the Blessed, the Exalted, mentioned in His Book the inheritance ofthe mother from her children, the inheritance of the daughters from their father, the inheritance of the wife from her husband, the inheritance of the full sisters, the inheritance of the half-sisters by the father and the inheritance of the half-sisters by the mother. The grandmother is made an heir by the example of the Prophet, may Allah bless him and grant him peace, made about her. A woman inherits from a slave she frees herself because Allah, the Blessed, the Exalted, said in His Book, 'They are your brothers in the deen and your mawali.' "
| USC-MSA web (English) reference | : Book 27, Hadith 9 |
Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and Abu Hurayra were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said, "At the end of two periods." Abu Hurayra said, "When she gives birth, she is free to marry." Abu Salama ibn Abd ar-Rahman visited Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and asked her about it Umm Salama said, ''Subaya al-Aslamiya gave birth half a month after the death of her husband, and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said, 'You are not free to marry yet.' Her family were away and he hoped that when her family came, they would give her to him. She went to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'You are free to marry, so marry whomever you wish.' "
| USC-MSA web (English) reference | : Book 29, Hadith 83 |
| Arabic reference | : Book 29, Hadith 1246 |
Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim from his father that Amr ibn Sulaym az-Zuraqi said, "Abu Humayd as-Saidi told me that they asked the Messenger of Allah, may Allah bless him and grant him peace, how they were to ask for blessings upon him and he replied that they should say, 'O Allah, bless Muhammad and his wives and his descendants asYou blessed the family of Ibrahim, and give baraka to Muhammad and his wives and his descendants as You gave baraka to the family of Ibrahim. You are worthy of Praise and Glorious.'"
Allahumma salli ala Muhammad wa azwajihi wa alihi kama sallaita ala ali Ibrahim, wa barakaala Muhammad wa azwajihi wa alihi kama baraktaalaali Ibrahim, innaka Hamidu'm - Majid.
| USC-MSA web (English) reference | : Book 9, Hadith 69 |
| Arabic reference | : Book 9, Hadith 400 |
Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.
Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.
Malik said, "That is the best of what I have heard."
| USC-MSA web (English) reference | : Book 29, Hadith 9 |
| Arabic reference | : Book 29, Hadith 1161 |
Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."
Malik added, "That is the best of what I have heard."
Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.
Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."
| USC-MSA web (English) reference | : Book 29, Hadith 30 |
| Arabic reference | : Book 29, Hadith 1186 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1200 |
| In-book reference | : Book 13, Hadith 27 |
| English translation | : Vol. 2, Book 8, Hadith 1200 |
[Al-Bukhari and Muslim].
In another narration: The Messenger of Allah (PBUH) said, "When a woman spends the night away from the bed of her husband, the angels curse her until morning".
[Al-Bukhari and Muslim].
In another narration: Messenger of Allah (PBUH) said, "By Him in Whose Hand is my life, when a man calls his wife to his bed, and she does not respond, the One Who is above the heaven becomes displeased with her until he (her husband) becomes pleased with her".
[Al-Bukhari and Muslim].
وفي رواية لها "إذا باتت المرأة هاجرة فراش زوجها لعنتها الملائكة حتى تصبح".
وفي رواية قال رسول الله صلى الله عليه وسلم : " والذي نفسي بيده ما من رجل يدعو امرأته إلى فراشه فتأبى عليه إلا كان الذي في السماء ساخطًا عليها حتى يرضي عنها".
| Reference | : Riyad as-Salihin 281 |
| In-book reference | : Introduction, Hadith 281 |
| Reference | : Al-Adab Al-Mufrad 197 |
| In-book reference | : Book 9, Hadith 42 |
| English translation | : Book 9, Hadith 197 |
| Reference | : Al-Adab Al-Mufrad 835 |
| In-book reference | : Book 34, Hadith 25 |
| English translation | : Book 34, Hadith 835 |
Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.
Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).
Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.
Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "
Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."
Malik said, "Women have no dhihar."
Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.
Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."
Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.
Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."
| USC-MSA web (English) reference | : Book 29, Hadith 22 |
| Arabic reference | : Book 29, Hadith 1178 |
‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”
Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”
Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2290 |
| In-book reference | : Book 13, Hadith 116 |
| English translation | : Book 12, Hadith 2283 |
Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that a certain man had taken a slave-girl belonging to somebody else as a wife. He said to her people, "She is your concern," and people considered that to be one pronouncement of divorce.
| USC-MSA web (English) reference | : Book 29, Hadith 8 |
| Arabic reference | : Book 29, Hadith 1160 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man divorces his wife and she begins her third period, she is free from him and he is free from her."
Malik said, "This is how things are done among us."
| USC-MSA web (English) reference | : Book 29, Hadith 58 |
| Arabic reference | : Book 29, Hadith 1219 |
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "
Malik said, "That is what I saw the people of knowledge in our city doing."
29.30 Idda of Widows when Pregnant
| USC-MSA web (English) reference | : Book 29, Hadith 82 |
| Arabic reference | : Book 29, Hadith 1245 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1130 |
| In-book reference | : Book 11, Hadith 52 |
| English translation | : Vol. 2, Book 6, Hadith 1130 |
[Abu Dawud].
| Reference | : Riyad as-Salihin 1184 |
| In-book reference | : Book 8, Hadith 194 |
| ضَعِيف (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 146 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6131 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 379 |
| In-book reference | : Book 1, Hadith 113 |
| English translation | : Vol. 1, Book 1, Hadith 379 |
حَدَّثَنَا مُحَمَّدُ بْنُ خَالِدِ بْنِ خِدَاشٍ، حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ مَهْدِيٍّ، حَدَّثَنَا أَبُو عَوَانَةَ، ...
| Grade: | Da`if (Weak) (Al-Albani) |
| Reference | : Sunan Ibn Majah 1986 |
| In-book reference | : Book 9, Hadith 142 |
| English translation | : Vol. 3, Book 9, Hadith 1986 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3468 |
| In-book reference | : Book 27, Hadith 80 |
| English translation | : Vol. 4, Book 27, Hadith 3498 |
Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abu Salama that she saw Zaynab bint Jahsh, the wife of Abd ar-Rahman ibn Awf, and she used to bleed as if menstruating. She would do ghusl and pray.
| USC-MSA web (English) reference | : Book 2, Hadith 108 |
| Arabic reference | : Book 2, Hadith 137 |
Yahya related to me from Malik that Ibn Shihab said, "I have heard that the Messenger of Allah, may Allah bless him and grant him peace, said to a man from Thaqif who had ten wives when he became muslim, 'Take four and separate from the rest.' "
| USC-MSA web (English) reference | : Book 29, Hadith 76 |
| Arabic reference | : Book 29, Hadith 1238 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2800 |
| In-book reference | : Book 43, Hadith 73 |
| English translation | : Vol. 5, Book 41, Hadith 2800 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 471 |
| In-book reference | : Book 3, Hadith 175 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 555 |
| In-book reference | : Book 3, Hadith 251 |
| Reference | : Mishkat al-Masabih 2106 |
| In-book reference | : Book 7, Hadith 146 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3115 |
| In-book reference | : Book 13, Hadith 36 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3608 |
| In-book reference | : Book 17, Hadith 49 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 4310 |
| In-book reference | : Book 22, Hadith 7 |
Narrated Sulamah bint Ma'qil al-Qasiyyah:
My uncle brought me (to Medina) in the pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore a child, AbdurRahman ibn al-Hubab, to him and he (al-Hubab) then died.
Thereupon his wife said: I swear by Allah, now you will be sold (as a repayment) for his loan.
So I came to the Messenger of Allah (saws) and said: Messenger of Allah! I am a woman of Banu Kharijah Qays ibn Aylan. My uncle had brought me to Medina in pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore AbdurRahman ibn al-Hubab to him. His wife said: I swear by Allah, you will be sold for his loan.
The Messenger of Allah (saws) said: Who is the guardian of al-Hubab?
He was told: His brother, AbulYusr ibn Amr. He then sent for him and said: Set her free; when you hear that some slaves have been brought to me, came to me, and I shall compensate you for her.
She said: They set me free, and when some slaves were brought to the Messenger of Allah (saws), he gave them a slave in compensation for me.
| Grade: | Da'if in chain (Al-Albani) | ضعيف الإسناد (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3953 |
| In-book reference | : Book 31, Hadith 28 |
| English translation | : Book 30, Hadith 3942 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1855 |
| In-book reference | : Book 9, Hadith 11 |
| English translation | : Vol. 3, Book 9, Hadith 1855 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 1984 |
| In-book reference | : Book 9, Hadith 140 |
| English translation | : Vol. 3, Book 9, Hadith 1984 |
| Reference | : Al-Adab Al-Mufrad 746 |
| In-book reference | : Book 32, Hadith 1 |
| English translation | : Book 32, Hadith 746 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2521 |
| In-book reference | : Book 19, Hadith 10 |
| English translation | : Vol. 3, Book 19, Hadith 2521 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 555 |
| In-book reference | : Book 6, Hadith 12 |
| English translation | : Vol. 2, Book 1, Hadith 555 |
[At-Tirmidhi and An-Nasa'i, Imam At-Tirmidhi classified it as Hadith Hasan Sahih].
| Reference | : Riyad as-Salihin 284 |
| In-book reference | : Introduction, Hadith 284 |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 292 |
| In-book reference | : Introduction, Hadith 292 |
| Grade: | Hasan because of corroborating evidence and its isnad is da'eef because of the weakness of Shareek] (Darussalam) |
| Reference | : Musnad Ahmad 1266 |
| In-book reference | : Book 5, Hadith 672 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2004 |
| In-book reference | : Book 7, Hadith 48 |
Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin, may Allah be pleased with her, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to kiss certain of his wives when fasting," and then she laughed.
| USC-MSA web (English) reference | : Book 18, Hadith 14 |
| Arabic reference | : Book 18, Hadith 647 |
Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.
Malik said, "That is what I like best of what I have heard on the subject."
29.2 Divorce by Euphemistic Statements
| USC-MSA web (English) reference | : Book 29, Hadith 4 |
| Arabic reference | : Book 29, Hadith 1156 |
Malik related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "My inheritance is not divided up by the dinar. What I leave apart from the maintenance of my wives and provision for my servant is sadaqa."
| Sunnah.com reference | : Book 56, Hadith 28 |
| USC-MSA web (English) reference | : Book 56, Hadith 28 |
| Arabic reference | : Book 56, Hadith 1841 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1749 |
| In-book reference | : Book 5, Hadith 221 |
Narrated Al-Miswar bin Makhrama and Marwan:
(whose narrations attest each other) Allah's Apostle set out at the time of Al-Hudaibiya (treaty), and when they proceeded for a distance, he said, "Khalid bin Al-Walid leading the cavalry of Quraish constituting the front of the army, is at a place called Al-Ghamim, so take the way on the right." By Allah, Khalid did not perceive the arrival of the Muslims till the dust arising from the march of the Muslim army reached him, and then he turned back hurriedly to inform Quraish. The Prophet went on advancing till he reached the Thaniya (i.e. a mountainous way) through which one would go to them (i.e. people of Quraish). The she-camel of the Prophet sat down. The people tried their best to cause the she-camel to get up but in vain, so they said, "Al-Qaswa' (i.e. the she-camel's name) has become stubborn! Al-Qaswa' has become stubborn!" The Prophet said, "Al-Qaswa' has not become stubborn, for stubbornness is not her habit, but she was stopped by Him Who stopped the elephant." Then he said, "By the Name of Him in Whose Hands my soul is, if they (i.e. the Quraish infidels) ask me anything which will respect the ordinances of Allah, I will grant it to them." The Prophet then rebuked the she-camel and she got up. The Prophet changed his way till he dismounted at the farthest end of Al-Hudaibiya at a pit (i.e. well) containing a little water which the people used in small amounts, and in a short while the people used up all its water and complained to Allah's Apostle; of thirst. The Prophet took an arrow out of his arrow-case and ordered them to put the arrow in that pit. By Allah, the water started and continued sprouting out till all the people quenched their thirst and returned with satisfaction. While they were still in that state, Budail bin Warqa-al- Khuza`i came with some persons from his tribe Khuza`a and they were the advisers of Allah's Apostle who would keep no secret from him and were from the people of Tihama. Budail said, "I left Ka`b bin Luai and 'Amir bin Luai residing at the profuse water of Al-Hudaibiya and they had milch camels (or their women and children) with them, and will wage war against you, and will prevent you from visiting the Ka`ba." Allah's Apostle said, "We have not come to fight anyone, but to perform the `Umra. No doubt, the war has weakened Quraish and they have suffered great losses, so if they wish, I will conclude a truce with them, during which they should refrain from interfering between me and the people (i.e. the 'Arab infidels other than Quraish), and if I have victory over those infidels, Quraish will have the option to embrace Islam as the other people do, if they wish; they will at least get strong enough to fight. But if they do not accept the truce, by Allah in Whose Hands my life is, I will fight with them defending my Cause till I get killed, but (I am sure) Allah will definitely make His Cause victorious." Budail said, "I will inform them of what you have said." So, he set off till he reached Quraish and said, "We have come from that man (i.e. Muhammad) whom we heard saying something which we will disclose to you if you should like." Some of the fools among Quraish shouted that they were not in need of this information, but the wiser among them said, "Relate what you heard him saying." Budail said, "I heard him saying so-and-so," relating what the Prophet had told him. `Urwa bin Mas`ud got up and said, "O people! Aren't you the sons? They said, "Yes." He added, "Am I not the father?" They said, "Yes." He said, "Do you mistrust me?" They said, "No." He said, "Don't you know that I invited the people of `Ukaz for your help, and when they refused I brought my relatives and children and those who obeyed me (to help you)?" They said, "Yes." He said, "Well, this man (i.e. the Prophet) has offered you a reasonable proposal, you'd better accept it and allow me to meet him." They said, "You may meet him." So, he went to the Prophet and started talking to him. The Prophet told him almost the same as he had told Budail. Then `Urwa said, "O Muhammad! Won't you feel any scruple in extirpating your relations? Have you ever heard of anyone amongst the Arabs extirpating his relatives before you? On the other hand, if the reverse should happen, (nobody will aid you, for) by Allah, I do not see (with you) dignified people, but people from various tribes who would run away leaving you alone." Hearing that, Abu Bakr abused him and said, "Do you say we would run and leave the Prophet alone?" `Urwa said, "Who is that man?" They said, "He is Abu Bakr." `Urwa said to Abu Bakr, "By Him in Whose Hands my life is, were it not for the favor which you did to me and which I did not compensate, I would retort on you." `Urwa kept on talking to the Prophet and seizing the Prophet's beard as he was talking while Al-Mughira bin Shu`ba was standing near the head of the Prophet, holding a sword and wearing a helmet. Whenever `Urwa stretched his hand towards the beard of the Prophet, Al-Mughira would hit his hand with the handle of the sword and say (to `Urwa), "Remove your hand from the beard of Allah's Apostle." `Urwa raised his head and asked, "Who is that?" The people said, "He is Al-Mughira bin Shu`ba." `Urwa said, "O treacherous! Am I not doing my best to prevent evil consequences of your treachery?" Before embracing Islam Al-Mughira was in the company of some people. He killed them and took their property and came (to Medina) to embrace Islam. The Prophet said (to him, "As regards your Islam, I accept it, but as for the property I do not take anything of it. (As it was taken through treason). `Urwa then started looking at the Companions of the Prophet. By Allah, whenever Allah's Apostle spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them they would carry his orders immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke to him, they would lower their voices and would not look at his face constantly out of respect. `Urwa returned to his people and said, "O people! By Allah, I have been to the kings and to Caesar, Khosrau and An- Najashi, yet I have never seen any of them respected by his courtiers as much as Muhammad is respected by his companions. By Allah, if he spat, the spittle would fall in the hand of one of them (i.e. the Prophet's companions) who would rub it on his face and skin; if he ordered them, they would carry out his order immediately; if he performed ablution, they would struggle to take the remaining water; and when they spoke, they would lower their voices and would not look at his face constantly out of respect." `Urwa added, "No doubt, he has presented to you a good reasonable offer, so please accept it." A man from the tribe of Bani Kinana said, "Allow me to go to him," and they allowed him, and when he approached the Prophet and his companions, Allah's Apostle said, "He is so-and-so who belongs to the tribe that respects the Budn (i.e. camels of the sacrifice). So, bring the Budn in front of him." So, the Budn were brought before him and the people received him while they were reciting Talbiya. When he saw that scene, he said, "Glorified be Allah! It is not fair to prevent these people from visiting the Ka`ba." When he returned to his people, he said, 'I saw the Budn garlanded (with colored knotted ropes) and marked (with stabs on their backs). I do not think it is advisable to prevent them from visiting the Ka`ba." Another person called Mikraz bin Hafs got up and sought their permission to go to Muhammad, and they allowed him, too. When he approached the Muslims, the Prophet said, "Here is Mikraz and he is a vicious man." Mikraz started talking to the Prophet and as he was talking, Suhail bin `Amr came. When Suhail bin `Amr came, the Prophet said, "Now the matter has become easy." Suhail said to the Prophet "Please conclude a peace treaty with us." So, the Prophet called the clerk and said to him, "Write: By the Name of Allah, the most Beneficent, the most Merciful." Suhail said, "As for 'Beneficent,' by Allah, I do not know what it means. So write: By Your Name O Allah, as you used to write previously." The Muslims said, "By Allah, we will not write except: By the Name of Allah, the most Beneficent, the most Merciful." The Prophet said, "Write: By Your Name O Allah." Then he dictated, "This is the peace treaty which Muhammad, Allah's Apostle has concluded." Suhail said, "By Allah, if we knew that you are Allah's Apostle we would not prevent you from visiting the Ka`ba, and would not fight with you. So, write: "Muhammad bin `Abdullah." The Prophet said, "By Allah! I am Apostle of Allah even if you people do not believe me. Write: Muhammad bin `Abdullah." (Az-Zuhri said, "The Prophet accepted all those things, as he had already said that he would accept everything they would demand if it respects the ordinance of Allah, (i.e. by letting him and his companions perform `Umra.)" The Prophet said to Suhail, "On the condition that you allow us to visit the House (i.e. Ka`ba) so that we may perform Tawaf around it." Suhail said, "By Allah, we will not (allow you this year) so as not to give chance to the 'Arabs to say that we have yielded to you, but we will allow you next year." So, the Prophet got that written. Then Suhail said, "We also stipulate that you should return to us whoever comes to you from us, even if he embraced your religion." The Muslims said, "Glorified be Allah! How will such a person be returned to the pagans after he has become a Muslim? While they were in this state Abu- Jandal bin Suhail bin `Amr came from the valley of Mecca staggering with his fetters and fell down amongst the Muslims. Suhail said, "O Muhammad! This is the very first term with which we make peace with you, i.e. you shall return Abu Jandal to me." The Prophet said, "The peace treaty has not been written yet." Suhail said, "I will never allow you to keep him." The Prophet said, "Yes, do." He said, "I won't do.: Mikraz said, "We allow you (to keep him)." Abu Jandal said, "O Muslims! Will I be returned to the pagans though I have come as a Muslim? Don't you see how much I have suffered?" (continued...) (continuing... 1): -3.891:... ... Abu Jandal had been tortured severely for the Cause of Allah. `Umar bin Al-Khattab said, "I went to the Prophet and said, 'Aren't you truly the Apostle of Allah?' The Prophet said, 'Yes, indeed.' I said, 'Isn't our Cause just and the cause of the enemy unjust?' He said, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'I am Allah's Apostle and I do not disobey Him, and He will make me victorious.' I said, 'Didn't you tell us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did I tell you that we would visit the Ka`ba this year?' I said, 'No.' He said, 'So you will visit it and perform Tawaf around it?' " `Umar further said, "I went to Abu Bakr and said, 'O Abu Bakr! Isn't he truly Allah's Prophet?' He replied, 'Yes.' I said, 'Then why should we be humble in our religion?' He said, 'Indeed, he is Allah's Apostle and he does not disobey his Lord, and He will make him victorious. Adhere to him as, by Allah, he is on the right.' I said, 'Was he not telling us that we would go to the Ka`ba and perform Tawaf around it?' He said, 'Yes, but did he tell you that you would go to the Ka`ba this year?' I said, 'No.' He said, "You will go to Ka`ba and perform Tawaf around it." (Az-Zuhri said, " `Umar said, 'I performed many good deeds as expiation for the improper questions I asked them.' ") When the writing of the peace treaty was concluded, Allah's Apostle said to his companions, "Get up and' slaughter your sacrifices and get your head shaved." By Allah none of them got up, and the Prophet repeated his order thrice. When none of them got up, he left them and went to Um Salama and told her of the people's attitudes towards him. Um Salama said, "O the Prophet of Allah! Do you want your order to be carried out? Go out and don't say a word to anybody till you have slaughtered your sacrifice and call your barber to shave your head." So, the Prophet went out and did not talk to anyone of them till he did that, i.e. slaughtered the sacrifice and called his barber who shaved his head. Seeing that, the companions of the Prophet got up, slaughtered their sacrifices, and started shaving the heads of one another, and there was so much rush that there was a danger of killing each other. Then some believing women came (to the Prophet ); and Allah revealed the following Divine Verses:-- "O you who believe, when the believing women come to you as emigrants examine them . . ." (60.10) `Umar then divorced two wives of his who were infidels. Later on Muawiya bin Abu Sufyan married one of them, and Safwan bin Umaiya married the other. When the Prophet returned to Medina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet ), "Abide by the promise you gave us." So, the Prophet handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah's Apostle saw him he said, "This man appears to have been frightened." When he reached the Prophet he said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "O Allah's Apostle, by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them." The Prophet said, "Woe to his mother! what excellent war kindler he would be, should he only have supporters." When Abu Basir heard that he understood that the Prophet would return him to them again, so he set off till he reached the seashore. Abu Jandal bin Suhail got himself released from them (i.e. infidels) and joined Abu Basir. So, whenever a man from Quraish embraced Islam he would follow Abu Basir till they formed a strong group. By Allah, whenever they heard about a caravan of Quraish heading towards Sham, they stopped it and attacked and killed them (i.e. infidels) and took their properties. The people of Quraish sent a message to the Prophet requesting him for the Sake of Allah and Kith and kin to send for (i.e. Abu Basir and his companions) promising that whoever (amongst them) came to the Prophet would be secure. So the Prophet sent for them (i.e. Abu Basir's companions) and Allah I revealed the following Divine Verses: "And it is He Who Has withheld their hands from you and your hands From them in the midst of Mecca, After He made you the victorious over them. ... the unbelievers had pride and haughtiness, in their hearts ... the pride and haughtiness of the time of ignorance." (48.24-26) And their pride and haughtiness was that they did not confess (write in the treaty) that he (i.e. Muhammad) was the Prophet of Allah and refused to write: "In the Name of Allah, the most Beneficent, the Most Merciful," and they (the mushriks) prevented them (the Muslims) from visiting the House (the Ka`bah).
| Reference | : Sahih al-Bukhari 2731, 2732 |
| In-book reference | : Book 54, Hadith 19 |
| USC-MSA web (English) reference | : Vol. 3, Book 50, Hadith 891 |
| (deprecated numbering scheme) |
| صحيح م خ معلقا بتمامه وموصولا مختصرا (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2306 |
| In-book reference | : Book 13, Hadith 132 |
| English translation | : Book 12, Hadith 2299 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3489 |
| In-book reference | : Book 16, Hadith 38 |
Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "Tell Abu Bakr to lead the people in prayer." A'isha said, "Messenger of Allah, when Abu Bakr stands in your place his voice does not reach the ears of the people because of his weeping, so tell Umar to lead the people in prayer." He said, "Tell Abu Bakr to lead the people in prayer." A'isha continued, "I told Hafsa to tell him that when Abu Bakr stood in his place his voice did not reach the ears of the people because of his weeping, and that he should tell Umar to lead the people in prayer. Hafsa did so, and the Messenger of Allah, may Allah bless him and grant him peace, said, 'You are the companions of Yusuf! (referring to the women who cut their hands when they saw the beauty of Yusuf). Tell Abu Bakr to lead the people in prayer!' "
A'isha added that Hafsa said to her, "I have never had anything good from you!"
| USC-MSA web (English) reference | : Book 9, Hadith 86 |
| Arabic reference | : Book 9, Hadith 417 |
Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."
Malik said, "This is how the people of knowledge here continue to act."
29.31 Widows Remaining in Their Houses until Free to Marry
| USC-MSA web (English) reference | : Book 29, Hadith 86 |
| Arabic reference | : Book 29, Hadith 1249 |
Yahya related to me from Malik from Abu'z-Zubayr al-Makki from Ata ibn Abi Rabah that Abdullah ibn Abbas was asked about a man who had had intercourse with his wife while at Mina before he had done the tawaf al-ifada, and he told him to sacrifice an animal.
| USC-MSA web (English) reference | : Book 20, Hadith 164 |
| Arabic reference | : Book 20, Hadith 866 |
Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that lkrama, the mawla of Ibn Abbas, said, (and Thawr believed it to be from Abdullah ibn Abbas), "Someone who has intercourse with his wife before he has done the tawaf al-ifada should do an umra and sacrifice an animal."
| USC-MSA web (English) reference | : Book 20, Hadith 165 |
| Arabic reference | : Book 20, Hadith 867 |