"The Prophet (saws) slackened Fatimah's garment a hand-span."

[Abu 'Eisa said:] Some of them reported it from Hammad bin Salamah, from 'Ali bin Zaid, from Al-Hasan, from his father, from Umm Salamah.

Yahya related to me from Malik that he had heard people of knowledge say, "When a woman dies and there are no women with her to wash her and no man who has the right by blood ties to take charge of that for her and no husband to take charge of it for her, she should be purified by tayammum ,that is, by wiping her face and hands with earth."

Malik said, "When a man dies and there are only women with him, they also should purify him with earth ."

Malik said, "There is no particular way with us for washing the dead nor any recognised way to do it. They are just washed and purified."

that he asked `Aisha about the Statement of Allah: 'If you fear that you shall not be able to deal justly with the orphan girls, then marry (other) women of your choice, two or three or four; but if you fear that you shall not be able to deal justly (with them), then only one, or (the captives) that your right hands possess. That will be nearer to prevent you from doing injustice.' (4.3) `Aisha said, "O my nephew! (This Verse has been revealed in connection with) an orphan girl under the guardianship of her guardian who is attracted by her wealth and beauty and intends to marry her with a Mahr less than what other women of her standard deserve. So they (such guardians) have been forbidden to marry them unless they do justice to them and give them their full Mahr, and they are ordered to marry other women instead of them."

(the wife of the Prophet) In the lifetime of Allah's Apostle the women used to get up when they finished their compulsory prayers with Taslim. The Prophet and the men would stay on at their places as long as Allah will. When the Prophet got up, the men would then get up.

I asked Ibn `Umar about Salam for dates. Ibn `Umar replied, "The Prophet forbade the sale (the fruits) of date-palms until they were fit for eating and also forbade the sale of silver for gold on credit." I also asked Ibn `Abbas about it. Ibn `Abbas replied, "The Prophet forbade the sale of dates till they were fit for eating, and could be weighed." I asked him, "What is to be weighed (as the dates are on the trees)?" A man sitting by Ibn `Abbas said, "It means till they are cut and stored."

Ibn `Abbas was asked whether he had joined the Prophet in the `Id prayer. He said, "Yes. And I could not have joined him had I not been young. (The Prophet came out) till he reached the mark which was near the house of Kathir bin As-Salt, offered the prayer, delivered the Khutba and then went towards the women. Bilal was accompanying him. He preached to them and advised them and ordered them to give alms. I saw the women putting their ornaments with their outstretched hands into Bilal's garment. Then the Prophet along with Bilal returned home.

The woman who supplies fake hair and the one who asks for it, the woman who pulls out hair for other people and the woman who depilates herself, the woman who tattoos and the one who has it done when there is no disease to justify it have been cursed.

Abu Dawud said: Wasilah means the woman who adds false hair to the hair of women. Mustawsilah means the one who asks for adding the hair to her hair. namisah means a woman who plucks hair from the brow until she makes it thin; mutanammisah means the woman who depilates herself ; washimah is a woman who tattoos in the face with antimony or ink ; mustawshimah is a woman with whom it is done.

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "A woman who bleeds as if menstruating only has to do one ghusl, and then after that she does wudu for each prayer."

Yahya said that Malik said, "The position with us is that when a woman who bleeds as if menstruating starts to do the prayer again, her husband can have sexual intercourse with her. Similarly, if a woman who has given birth sees blood after she has reached the fullest extent that bleeding normally restrains women, her husband can have sexual intercourse with her and she is in the same position as a woman who bleeds as if menstruating."

Yahya said that Malik said, "The position with us concerning a woman who bleeds as if menstruating is founded on the hadith of Hisham ibn Urwa from his father, and it is what I prefer the most of what I have heard about the matter."

`AbdurRahman bin Abza said, "Ask Ibn `Abbas about these two Qur'anic Verses: 'Nor kill such life as Allah has made sacred, Except for just cause.' (25.168) "And whoever kills a believer intentionally, his recompense is Hell. (4.93) So I asked Ibn `Abbas who said, "When the Verse that is in Sura-al-Furqan was revealed, the pagans of Mecca said, 'But we have slain such life as Allah has made sacred, and we have invoked other gods along with Allah, and we have also committed fornication.' So Allah revealed:-- 'Except those who repent, believe, and do good-- (25.70) So this Verse was concerned with those people. As for the Verse in Surat-an-Nisa (4-93), it means that if a man, after understanding Islam and its laws and obligations, murders somebody, then his punishment is to dwell in the (Hell) Fire forever." Then I mentioned this to Mujahid who said, "Except the one who regrets (one's crime) . "

During the battle of Al-Ahzab, I and `Umar bin Abi-Salama were kept behind with the women. Behold! I saw (my father) Az-Zubair riding his horse, going to and coming from Bani Quraiza twice or thrice. So when I came back I said, "O my father! I saw you going to and coming from Bani Quraiza?" He said, "Did you really see me, O my son?" I said, "Yes." He said, "Allah's Apostle said, 'Who will go to Bani Quraiza and bring me their news?' So I went, and when I came back, Allah's Apostle mentioned for me both his parents saying, "Let my father and mother be sacrificed for you."'

(the wife of the Prophet) I had seen my parents following Islam since I attained the age of intelligence. Not a day passed but the Prophet visited us, both in the mornings and evenings. My father Abu Bakr thought of building a mosque in the courtyard of his house and he did so. He used to pray and recite the Qur'an in it. The pagan women and their children used to stand by him and look at him with surprise. Abu Bakr was a soft-hearted person and could not help weeping while reciting the Qur'an. The chiefs of the Quraish pagans became afraid of that (i.e. that their children and women might be affected by the recitation of Qur'an).

On his father's authority, said that his grandfather said: We came down with the Messenger of Allah (saws) from a turning of a valley. He turned his attention to me and I was wearing a garment dyed with a reddish yellow dye. He asked: What is this garment over you? I recognised what he disliked. I then came to my family who were burning their oven. I threw it (the garment) in it and came to him the next day. He asked: Abdullah, what have you done with the garment? I informed him about it. He said: Why did you not give it to one of your family to wear, for there is no harm in it for women.

I sat in a gathering in which the chiefs of the Ansar were present, and `Abdur-Rahman bin Abu Laila was amongst them. I mentioned the narration of `Abdullah bin `Utba regarding the question of Subai'a bint Al-Harith. `Abdur-Rahman said, "But `Abdullah's uncle used not to say so." I said, "I am too brave if I tell a lie concerning a person who is now in Al-Kufa," and I raised my voice. Then I went out and met Malik bin 'Amir or Malik bin `Auf, and said, "What was the verdict of Ibn Mas`ud about the pregnant widow whose husband had died?" He replied, "Ibn Mas`ud said, 'Why do you impose on her the hard order and don't let her make use of the leave? The shorter Sura of women (i.e. Surat-at- Talaq) was revealed after the longer Sura (i.e. Surat-al-Baqara)." (i.e. Her 'Idda is up till she delivers.)

When the prohibition of wine (was yet to be) declared, Umar said: O Allah, give us a satisfactory explanation about wine.

So the following verse of Surat al-Baqarah revealed; "They ask thee concerning wine and gambling. Say: In them is great sin...." Umar was then called and it was recited to him.

He said: O Allah, give us a satisfactory explanation about wine.

Then the following verse of Surat an-Nisa' was revealed: "O ye who believe! approach not prayers with a mind befogged...." Thereafter the herald of the Messenger of Allah (saws) would call when the (congregational) prayer was performed: Beware, one who is drunk should not come to prayer. Umar was again called and it was recited to him).

He said: O Allah, give us a satisfactory explanation about wine. This verse was revealed: "Will ye not then abstain?" Umar said: We abstained.

Um (the mother of) Haritha came to Allah's Apostle after Haritha had been martyred on the Day (of the battle) of Badr by an arrow thrown by an unknown person. She said, "O Allah's Apostle! You know the position of Haritha in my heart (i.e. how dear to me he was), so if he is in Paradise, I will not weep for him, or otherwise, you will see what I will do." The Prophet said, "Are you mad? Is there only one Paradise? There are many Paradises, and he is in the highest Paradise of Firdaus." The Prophet added, "A forenoon journey or an after noon journey in Allah's Cause is better than the whole world and whatever is in it; and a place equal to an arrow bow of anyone of you, or a place equal to a foot in Paradise is better than the whole world and whatever is in it; and if one of the women of Paradise looked at the earth, she would fill the whole space between them (the earth and the heaven) with light, and would fill whatever is in between them, with perfume, and the veil of her face is better than the whole world and whatever is in it."

Once Allah's Apostle came out while Bilal was accompanying him. He went towards the women thinking that they had not heard him (i.e. his sermon). So he preached them and ordered them to pay alms. (Hearing that) the women started giving alms; some donated their ear-rings, some gave their rings and Bilal was collecting them in the corner of his garment.

Malik related to me from Muhammad ibn al-Munkadir that Umayma bint Ruqayqa said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, with the women who took an oath of allegiance with him in Islam. They said, 'Messenger of Allah! We take a pledge with you not to associate anything with Allah, not to steal, not to commit adultery, not to kill our children, nor to produce any lie that we have devised between our hands and feet, and not to disobey you in what is known.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'In what you can do and are able.' "

Umayma continued, "They said, 'Allah and His Messenger are more merciful to us than ourselves. Come, let us give our hands to you, Messenger of Allah!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'I do not shake hands with women. My word to a hundred women is like my word to one woman.' "

That he heard the Prophet delivering a sermon, and he mentioned the shecamel and the one who hamstrung it. Allah's Apostle recited:-- 'When, the most wicked man among them went forth (to hamstrung the she-camel).' (91.12.) Then he said, "A tough man whose equal was rare and who enjoyed the protection of his people, like Abi Zama went forth to (hamstrung) it." The Prophet then mentioned about the women (in his sermon). "It is not wise for anyone of you to lash his wife like a slave, for he might sleep with her the same evening." Then he advised them not to laugh when somebody breaks wind and said, "Why should anybody laugh at what he himself does?"

Regarding the Qur'anic Verse: 'O you who believe! You are forbidden to inherit women against their will.' (4.19) The custom (in the Pre-lslamic Period) was that if a man died, his relatives used to have the right to inherit his wife, and if one of them wished, he could marry her, or they could marry her to somebody else, or prevent her from marrying if they wished, for they had more right to dispose of her than her own relatives. Therefore this Verse was revealed concerning this matter.

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

regarding the Divine Verse: "O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness that you may take back part of the (Mahr) dower you have given them." (4.19) (Before this revelation) if a man died, his relatives used to have the right to inherit his wife, and one of them could marry her if he would, or they would give her in marriage if they wished, or, if they wished, they would not give her in marriage at all, and they would be more entitled to dispose her, than her own relatives. So the above Verse was revealed in this connection.

that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphans (4.3) She said, "O my nephew! This Verse refers to the orphan girl who is under the guardianship of her guardian who likes her beauty and wealth and wishes to (marry her and) curtails her Mahr. Such guardians have been forbidden to marry them unless they do justice by giving them their full Mahr, and they have been ordered to marry other than them. The people asked for the verdict of Allah's Apostle after that, so Allah revealed: 'They ask your instruction concerning the women . . . whom you desire to marry.' (4.127) So Allah revealed to them that if the orphan girl had beauty and wealth, they desired to marry her and for her family status. They can only marry them if they give them their full Mahr. And if they had no desire to marry them because of their lack of wealth and beauty, they would leave them and marry other women. So, as they used to leave them, when they had no interest, in them, they were forbidden to marry them when they had such interest, unless they treated them justly and gave them their full Mahr Apostle said, 'If at all there is evil omen, it is in the horse, the woman and the house." a lady is to be warded off. And the Statement of Allah: 'Truly, among your wives and your children, there are enemies for you (i.e may stop you from the obedience of Allah)' (64.14)

Once Allah's Apostle delayed the `Isha' prayer till `Umar informed him that the women and children had slept. Then Allah's Apostle came out and said: "None from amongst the dwellers of earth have prayed this prayer except you." In those days none but the people of Medina prayed.

I saw Abu Sa`id and asked him about coitus interruptus. Abu Sa`id said, "We went with Allah's Apostle, in the Ghazwa of Bani Al-Mustaliq and we captured some of the 'Arabs as captives, and the long separation from our wives was pressing us hard and we wanted to practice coitus interruptus. We asked Allah's Apostle (whether it was permissible). He said, "It is better for you not to do so. No soul, (that which Allah has) destined to exist, up to the Day of Resurrection, but will definitely come, into existence."

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

A person asked Ibn `Abbas, "Have you ever presented yourself at the (`Id) prayer with Allah's Apostle?" He replied, "Yes." And had it not been for my kinship (position) with the Prophet it would not have been possible for me to do so (for he was too young). The Prophet went to the mark near the house of Kathir bin As-Salt and delivered a sermon. He then went towards the women. He advised and reminded them and asked them to give alms. So the woman would bring her hand near her neck and take off her necklace and put it in the garment of Bilal. Then the Prophet and Bilal came to the house."

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is ...

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."