Ibn ‘Abbas said “Hilal bin Umayyah was one of the three persons whose repentance was accepted by Allaah. One night he returned from his land and found a man along with his wife. He witnessed with his eyes and heard with his ears. He did not threaten him till the morning.” Next day he went to the Apostle of Allaah(saws) in the morning and said Apostle of Allaah(saws) “I came to my wife in the night and found a man along with her. I saw with my own eyes and heard with my own ears. The Apostle of Allaah(saws) disliked what he described and he took it seriously. There upon the following Qur’anic verse came down “And those who make charges against their spouses but have no witnesses except themselves, let the testimony of one of them ....” When the Apostle of Allaah(saws) came to himself (after the revelation ended) he said “Glad tidings to you Hilal, Allaah the exalted has made ease and a way out for you.” Hilal said “I expected that from my Lord. The Apostle of Allaah(saws) said “Send for her. She then came.” The Apostle of Allaah(saws) recited the verses to them and he reminded them and told them that the punishment in the next world was more severe than that in n this world. Hilal said “I swear by Allah I spoke the truth against her.” She said “He told a lie.” The Apostle of Allaah(saws) said “Apply the method of invoking curses on one another. Hilal was told “Bear witness. So he bore witness before Allaah four times that he spoke the truth.” When he was about to utter the fifth time he was told “Hilal fear Allah, for the punishment in this world is easier than that in the next world and this is the deciding one, that will surely cause punishment to you.” He said “I swear by Allaah. Allah will not punish me for this (act), as He did not cause me to be flogged for this (act).” So he bore witness a fifth time invoking the curse of Allah on him if he was of those who tell a lie. Then the people said to her, Testify. So she gave testimony before Allaah that he was a liar. When she was going to testify the fifth time she was told “Fear Allah, for the punishment in this world is easier than that in the next world. This is the deciding one that will surely cause punishment to you.” She hesitated for a moment. And then said “By Allah, I will not disgrace my people.” So she testified a fifth time invoking the curse of Allah on her if he spoke the truth. Apostle of Allaah(saws) separated them from each other and decided that the child will not be attributed to its father. Neither she nor her child will be accused of adultery. He who accuses her or her child will be liable to punishment. He also decided that there will be no dwelling and maintenance for her (from the husband) as they were separated without divorce and death. He then said “If she gives birth to a child with reddish hair, light buttocks, wide belly and light shins he will be the child of Hilal. If she bears a dusky child with curly hair, fat limbs, fat shins and fat buttocks he will be the child of the one who was accused of adultery. She gave birth to a child with curly hair, fat limbs, fat shins and fat buttocks. The Apostle of Allaah(saws) said “Had there been no oaths, I would have dealt with her severely.”

‘Ikrimah said “Later on he became the chief of the tribe of Mudar. He was not attributed to his father.”

"The Messenger of Allah (saws) prohibited the price of a dog, the earnings of the fornicator (from harlotry), and the news of the fortune-teller."

This Hadith is Hasan Sahih.

Ibn ‘Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet (saws) of having committed adultery with Sharik bin Sahma’”. The Prophet (saws) said “Produce evidence or you must receive punishment on your back.” He said “Apostle of Allaah(saws) when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet (saws) merely said “You must produce evidence or you must receive punishment on your back.” Hilal then said “By Him Who sent you with the Truth, I am speaking Truly. May Allaah send down something which will free my back from punishment. Then the following Qur’anic verses were revealed “And those who make charges against their spouses but have no witnesses except themselves” reciting till he reached “one of those who speak the truth”. The Prophet (saws) then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet (saws) was saying “Allaah knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time saying that Allaah’s anger be upon her if he was one of those who spoke the truth, they said to her “this is the deciding one”. Ibn ‘Abbas said “She then hesitated and drew back so that we thought the she would withdraw(what she said) “Look and see whether she gives birth to a child with eyes looking as if they have antimony in them, wide buttocks and fat legs, if she did. Sharik bin Sahma’ will be its father. She then gave birth to a child of a similar description. The Prophet (saws) thereupon said “If it were not for what has already been stated in Allaah’s book I would have dealt severely with her.”

Abu Dawud said “This tradition has been transmitted by the people of Medina alone. They narrated the tradition of Hilal on the authority of Ibn Bashshar.”

Abu Dawud said: 'Ata is also so. Al Hakam said: I think he should be flogged, but the number should not reach the one of the prescribed punishment. Al-Hasan said: He is like a fornicator.

Abu Dawud said: THe tradition of 'Asim proves the tradition of 'Amr b. Abi 'Amr as weak.

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.

That the Messenger of Allah (saws) said: "The earnings of the cupper is filth, the earnings of the fornicator (from harlotry) is filth, and the price of a dog is filth."

[He said:] There are narrations on this topic from 'Umar, 'Ali, Ibn Mas'ud, Abu Masu'd, Jabir, Abu Hurairah, Ibn 'Abbas, Ibn 'Umar, and 'Abdullah bin Ja'far.

[Abu 'Eisa said:] The Hadith is Rafi' is a Hasan Sahih Hadith. This is acted upon according to most of the people of knowledge, they disliked the price of a dog. This the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge permitted the price of the hunting dog.

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 cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

[Muslim].

The Prophet (saws) said: If anyone is killed blindly or, when people are throwing stones, by a stone or a whip, his blood-wit is the blood-wit for an accidental murder. But if anyone is killed intentionally, retaliation is due. If anyone tries to prevent it, the curse of Allah, of angels, and of all the people will rest on him.

It was narrated from Rabah... he mentioned a similar hadeeth. He said: I took them to Ameer al-Mu`mineen `Uthman bin `Affan {رضي الله عنه}, who said: The Messenger of Allah (ﷺ) ruled that the child be attributed to (the husband of the woman... and he mentioned a similar report

I went out with my father to see the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). I fixed my eyes on him. My father came near him while he was riding his she-camel. He had a whip like the whip of scribes. I heard the bedouin and the people say: The whip, the whip. My father came near him and held his foot. She said: He admitted his Prophethood and stood and listened to him.

He said: Messenger of Allah, I have made a vow that if a son is born to me, I shall slaughter a number of sheep at the end of Buwanah in the dale of hill.

The narrator said: I do not know (for certain) that she said: Fifty (sheep).

The Messenger of Allah (saws) said: Does it contain any idol?

He said: No. Then he said: Fulfil your vow that you have taken for Allah. He then gathered them (i.e. the sheep) and began to slaughter them. A sheep ran away from them.

He searched for it saying: O Allah, fulfil my vow on my behalf. So he succeeded (in finding it) and slaughtered it.

We were in the company of the Prophet at a place called Al-Qaha (which is at a distance of three stages of journey from Medina). Abu Qatada narrated through another group of narrators: We were in the company of the Prophet at a place called Al-Qaha and some of us had assumed Ihram while the others had not. I noticed that some of my companions were watching something, so I looked up and saw an onager. (I rode my horse and took the spear and whip) but my whip fell down (and I asked them to pick it up for me) but they said, "We will not help you by any means as we are in a state of Ihram." So, I picked up the whip myself and attacked the onager from behind a hillock and slaughtered it and brought it to my companions. Some of them said, "Eat it." While some others said, "Do not eat it." So, I went to the Prophet who was ahead of us and asked him about it, He replied, "Eat it as it is Halal (i.e. it is legal to eat it).

The Messenger of Allah (saws) gave us licence to use (for our purpose) a stick, a rope, a whip and things of that type which a man picked up; he may benefit from them.

I heard the Prophet saying, "A (small) place equal to an area occupied by a whip in Paradise is better than the (whole) world and whatever is in it; and an undertaking (journey) in the forenoon or in the afternoon for Allah's Cause, is better than the whole world and whatever is in it."

I was with the Prophet (on a journey) between Mecca and Medina, and all of them, (i.e. the Prophet and his companions) were in the state of Ihram, while I was not in that state. I was riding my horse and I used to be fond of ascending mountains. So while I was doing so I noticed that the people were looking at something. I went to see what it was, and behold it was an onager. I asked my companions, "What is that?" They said, "We do not know." I said, "It is an onager.' They said, "It is what you have seen." I had left my whip, so I said to them, "Hand to me my whip." They said, "We will not help you in that (in hunting the onager)." I got down, took my whip and chased the animal (on my horse) and did not stop till I killed it. I went to them and said, "Come on, carry it!" But they said, "We will not even touch it." At last I alone carried it and brought it to them. Some of them ate of it and some refused to eat of it. I said (to them), "I will ask the Prophet about it (on your behalf)." When I met the Prophet, I told him the whole story. He said to me, "Has anything of it been left with you?" I said, "Yes." He said, "Eat, for it is a meal Allah has offered to you."

Yahya related to me from Malik from Zayd ibn Aslam that a man came to Umar ibn al-Khattab and said, "Amir al-muminin, I killed some locusts with my whip when I was in ihram," and Umar said to him, "Give a handful of food."

Another chain reports a similar hadith.

that he saw a man throwing stones with two fingers (at something) and said to him, "Do not throw stones, for Allah's Apostle has forbidden throwing stones, or he used to dislike it." `Abdullah added: Throwing stones will neither hunt the game, nor kill (or hurt) an enemy, but it may break a tooth or gouge out an eye." Afterwards `Abdullah once again saw the man throwing stones. He said to him, "I tell you that Allah's Apostle has forbidden or disliked the throwing the stones (in such a way), yet you are throwing stones! I shall not talk to you for such-and-such a period."

That the Messenger of Allah (saws) said: "Going out in the morning in the cause of Allah is better that the world and what is in it. And the place (the size) of a whip in Paradise is better than the world and what is in it."

[Abu 'Eisa said:] There are narrations on this topic from Abu Hurairah, Ibn 'Abbas, Abu Ayyub, and Anas.

This Hadith is Hasan Sahih.

That the Messenger of Allah (saws) said: "(Ribat) Guarding the frontier for a day in the cause of Allah is better than the world and what is in it. And an afternoon the worshipper spends in the cause of Allah - or a morning - is better than the world and what is on it. And the space occupied by the whip of one of you in Paradise is better than the world and what is on it."

This Hadith is Hasan Sahih.

The Prophet said, 'The (people of) Bani Israel used to take bath naked (all together) looking at each other. The Prophet Moses used to take a bath alone. They said, 'By Allah! Nothing prevents Moses from taking a bath with us except that he has a scrotal hernia.' So once Moses went out to take a bath and put his clothes over a stone and then that stone ran away with his clothes. Moses followed that stone saying, "My clothes, O stone! My clothes, O stone! till the people of Bani Israel saw him and said, 'By Allah, Moses has got no defect in his body. Moses took his clothes and began to beat the stone." Abu Huraira added, "By Allah! There are still six or seven marks present on the stone from that excessive beating."

Abu Dawud said : The version of Hisham was not narrated by anyone except Sa'id.

Abu Hurairah said, We found a swarm of Locusts. A man who was wearing ihram began to strike it with his whip. He was told that his action was not valid. The fact was mentioned to the Prophet (saws); He said “That is counted along with the game of the sea.”

I heard Abu Dawud say “The narrator Abu Al Muhzim is weak. Both these traditions are based on misunderstanding.