Narrated Ma'rur:
I saw Abu Dhar wearing a Burd (garment) and his slave too was wearing a Burd, so I said (to Abu Dhar), "If you take this (Burda of your slave) and wear it (along with yours), you will have a nice suit (costume) and you may give him another garment." Abu Dhar said, "There was a quarrel between me and another man whose mother was a non-Arab and I called her bad names. The man mentioned (complained about) me to the Prophet. The Prophet said, "Did you abuse so-and-so?" I said, "Yes" He said, "Did you call his mother bad names?" I said, "Yes". He said, "You still have the traits of (the Pre-lslamic period of) ignorance." I said. "(Do I still have ignorance) even now in my old age?" He said, "Yes, they (slaves or servants) are your brothers, and Allah has put them under your command. So the one under whose hand Allah has put his brother, should feed him of what he eats, and give him dresses of what he wears, and should not ask him to do a thing beyond his capacity. And if at all he asks him to do a hard task, he should help him therein."
| Reference | : Sahih al-Bukhari 6050 |
| In-book reference | : Book 78, Hadith 80 |
| USC-MSA web (English) reference | : Vol. 8, Book 73, Hadith 76 |
| (deprecated numbering scheme) |
Narrated Abu Juhaifa:
The Prophet established a bond of brotherhood between Salman and Abu Darda'. Salman paid a visit to Abu ad-Darda and found Um Ad-Darda' dressed in shabby clothes and asked her why she was in that state.?" She replied, "Your brother, Abu Ad-Darda is not interested in the luxuries of this world." In the meantime Abu Ad-Darda came and prepared a meal for him (Salman), and said to him, "(Please) eat for I am fasting." Salman said, "I am not going to eat, unless you eat." So Abu Ad-Darda' ate. When it was night, Abu Ad-Darda' got up (for the night prayer). Salman said (to him), "Sleep," and he slept. Again Abu- Ad-Darda' got up (for the prayer), and Salman said (to him), "Sleep." When it was the last part of the night, Salman said to him, "Get up now (for the prayer)." So both of them offered their prayers and Salman said to Abu Ad-Darda',"Your Lord has a right on you; and your soul has a right on you; and your family has a right on you; so you should give the rights of all those who have a right on you). Later on Abu Ad-Darda' visited the Prophet and mentioned that to him. The Prophet, said, "Salman has spoken the truth."
| Reference | : Sahih al-Bukhari 6139 |
| In-book reference | : Book 78, Hadith 166 |
| USC-MSA web (English) reference | : Vol. 8, Book 73, Hadith 161 |
| (deprecated numbering scheme) |
Narrated Abu Humaid As-Sa`idi:
Allah's Apostle appointed a man called Ibn Al-Lutabiyya to collect the Zakat from Bani Sulaim's tribe. When he returned, the Prophet called him to account. He said (to the Prophet, 'This is your money, and this has been given to me as a gift." On that, Allah's Apostle said, "Why didn't you stay in your father's and mother's house to see whether you will be given gifts or not if you are telling the truth?" Then the Prophet addressed us, and after praising and glorifying Allah, he said: "Amma Ba'du", I employ a man from among you to manage some affair of what Allah has put under my custody, and then he comes to me and says, 'This is your money and this has been given to me as a gift. Why didn't he stay in his father's and mother's home to see whether he will be given gifts or not? By Allah, not anyone of you takes a thing unlawfully but he will meet Allah on the Day of Resurrection, carrying that thing. I do not want to see any of you carrying a grunting camel or a mooing cow or a bleating sheep on meeting Allah." Then the Prophet raised both his hands till the whiteness of his armpits became visible, and he said, "O Allah! Haven't I have conveyed (Your Message)?" The narrator added: My eyes witnessed and my ears heard (that Hadith).
| Reference | : Sahih al-Bukhari 6979 |
| In-book reference | : Book 90, Hadith 26 |
| USC-MSA web (English) reference | : Vol. 9, Book 86, Hadith 108 |
| (deprecated numbering scheme) |
Abdullah (b. Mas'ud) reported:
| Reference | : Sahih Muslim 654b |
| In-book reference | : Book 5, Hadith 321 |
| USC-MSA web (English) reference | : Book 4, Hadith 1376 |
| (deprecated numbering scheme) |
Jabir reported:
| Reference | : Sahih Muslim 715p |
| In-book reference | : Book 22, Hadith 140 |
| USC-MSA web (English) reference | : Book 10, Hadith 3889 |
| (deprecated numbering scheme) |
Narrated Ali ibn AbuTalib:
Zayd ibn Harithah went out to Mecca and brought the daughter of Hamzah with him. Then Ja'far said: I shall take her; I have more right to her; she is my uncle's daughter and her maternal aunt is my wife; the maternal aunt is like mother. Ali said: I am more entitled to take her. She is my uncle's daughter. The daughter of the Messenger of Allah (saws) is my wife, and she has more right to her. Zayd said: I have more right to her. I went out and journeyed to her, and brought her with me. The Prophet (saws) came out.
The narrator mentioned the rest of the tradition. He (i.e. the Prophet) said: As for the girl, I decided in favour of Ja'far. She will live with her maternal aunt. The maternal aunt is like mother.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2278 |
| In-book reference | : Book 13, Hadith 104 |
| English translation | : Book 12, Hadith 2271 |
Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said when asked whether it was permissible for a man to marry again a wife he had divorced irrevocably if she had married another man who divorced her before consummating the marriage, "Not until she has tasted the sweetness of intercourse."
| USC-MSA web (English) reference | : Book 28, Hadith 18 |
| Arabic reference | : Book 28, Hadith 1112 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 1977 |
| In-book reference | : Book 9, Hadith 133 |
| English translation | : Vol. 3, Book 9, Hadith 1977 |
Narrated `Abdullah bin `Umar:
I heard Allah's Apostle saying, "Everyone of you is a guardian, and responsible for what is in his custody. The ruler is a guardian of his subjects and responsible for them; a husband is a guardian of his family and is responsible for it; a lady is a guardian of her husband's house and is responsible for it, and a servant is a guardian of his master's property and is responsible for it." I heard that from Allah's Apostle and I think that the Prophet also said, "A man is a guardian of is father's property and is responsible for it, so all of you are guardians and responsible for your wards and things under your care."
| Reference | : Sahih al-Bukhari 2409 |
| In-book reference | : Book 43, Hadith 24 |
| USC-MSA web (English) reference | : Vol. 3, Book 41, Hadith 592 |
| (deprecated numbering scheme) |
Narrated Abu Huraira:
A man came to Allah's Apostle and said, "Instruct me as to such a deed as equals Jihad (in reward)." He replied, "I do not find such a deed." Then he added, "Can you, while the Muslim fighter is in the battle-field, enter your mosque to perform prayers without cease and fast and never break your fast?" The man said, "But who can do that?" Abu- Huraira added, "The Mujahid (i.e. Muslim fighter) is rewarded even for the footsteps of his horse while it wanders bout (for grazing) tied in a long rope."
| Reference | : Sahih al-Bukhari 2785 |
| In-book reference | : Book 56, Hadith 4 |
| USC-MSA web (English) reference | : Vol. 4, Book 52, Hadith 44 |
| (deprecated numbering scheme) |
Narrated Jabir bin `Abdullah:
When the Ka`ba was rebuilt, the Prophet and `Abbas went to carry stones. `Abbas said to the Prophet "(Take off and) put your waist sheet over your neck so that the stones may not hurt you." (But as soon as he took off his waist sheet) he fell unconscious on the ground with both his eyes towards the sky. When he came to his senses, he said, "My waist sheet! My waist sheet!" Then he tied his waist sheet (round his waist).
| Reference | : Sahih al-Bukhari 3829 |
| In-book reference | : Book 63, Hadith 54 |
| USC-MSA web (English) reference | : Vol. 5, Book 58, Hadith 170 |
| (deprecated numbering scheme) |
Narrated `Urwa bin Az-Zubair:
Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah's Apostle said, "I do not know who amongst you has agreed (to it) and who has not. Go back so that your 'Urafa' may submit your decision to us." So the people returned and their 'Urafa' talked to them and then came back to Allah's Apostle and told him that the people had given their consent happily and permitted (their captives to be freed).
| Reference | : Sahih al-Bukhari 7176, 7177 |
| In-book reference | : Book 93, Hadith 40 |
| USC-MSA web (English) reference | : Vol. 9, Book 89, Hadith 288 |
| (deprecated numbering scheme) |
Narrated Al-Bara:
Allah's Apostle sent `Abdullah bin 'Atik and `Abdullah bin `Utba with a group of men to Abu Rafi` (to kill him). They proceeded till they approached his castle, whereupon `Abdullah bin Atik said to them, "Wait (here), and in the meantime I will go and see." `Abdullah said later on, "I played a trick in order to enter the castle. By chance, they lost a donkey of theirs and came out carrying a flaming light to search for it. I was afraid that they would recognize me, so I covered my head and legs and pretended to answer the call to nature. The gatekeeper called, 'Whoever wants to come in, should come in before I close the gate.' So I went in and hid myself in a stall of a donkey near the gate of the castle. They took their supper with Abu Rafi` and had a chat till late at night. Then they went back to their homes. When the voices vanished and I no longer detected any movement, I came out. I had seen where the gate-keeper had kept the key of the castle in a hole in the wall. I took it and unlocked the gate of the castle, saying to myself, 'If these people should notice me, I will run away easily.' Then I locked all the doors of their houses from outside while they were inside, and ascended to Abu Rafi` by a staircase. I saw the house in complete darkness with its light off, and I could not know where the man was. So I called, 'O Abu Rafi`!' He replied, 'Who is it?' I proceeded towards the voice and hit him. He cried loudly but my blow was futile. Then I came to him, pretending to help him, saying with a different tone of my voice, ' What is wrong with you, O Abu Rafi`?' He said, 'Are you not surprised? Woe on your mother! A man has come to me and hit me with a sword!' So again I aimed at him and hit him, but the blow proved futile again, and on that Abu Rafi` cried loudly and his wife got up. I came again and changed my voice as if I were a helper, and found Abu Rafi` lying straight on his back, so I drove the sword into his belly and bent on it till I heard the sound of a bone break. Then I came out, filled with astonishment and went to the staircase to descend, but I fell down from it and got my leg dislocated. I bandaged it and went to my companions limping. I said (to them), 'Go and tell Allah's Apostle of this good news, but I will not leave (this place) till I hear the news of his (i.e. Abu Rafi`'s) death.' When dawn broke, an announcer of death got over the wall and announced, 'I convey to you the news of Abu Rafi`'s death.' I got up and proceeded without feeling any pain till I caught up with my companions before they reached the Prophet to whom I conveyed the good news."
| Reference | : Sahih al-Bukhari 4040 |
| In-book reference | : Book 64, Hadith 87 |
| USC-MSA web (English) reference | : Vol. 5, Book 59, Hadith 372 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 1091 |
| In-book reference | : Book 12, Hadith 63 |
| English translation | : Vol. 2, Book 12, Hadith 1092 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 1248 |
| In-book reference | : Book 13, Hadith 70 |
| English translation | : Vol. 2, Book 13, Hadith 1249 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 5033 |
| In-book reference | : Book 47, Hadith 49 |
| English translation | : Vol. 6, Book 47, Hadith 5036 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3785 |
| In-book reference | : Book 35, Hadith 25 |
| English translation | : Vol. 4, Book 35, Hadith 3816 |
Amir b. Sa'd b. Abi Waqqas reported on the authority of his father that Muawiya b. Abi Sufyan appointed Sa'd as the Governor and said:
| Reference | : Sahih Muslim 2404d |
| In-book reference | : Book 44, Hadith 50 |
| USC-MSA web (English) reference | : Book 31, Hadith 5915 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 530 |
| In-book reference | : Book 1, Hadith 264 |
| English translation | : Vol. 1, Book 1, Hadith 530 |
Al-Miswar b. Makhrama reported:
| Reference | : Sahih Muslim 341 |
| In-book reference | : Book 3, Hadith 95 |
| USC-MSA web (English) reference | : Book 3, Hadith 672 |
| (deprecated numbering scheme) |
Mus'ab b. Sa'd reported:
| Reference | : Sahih Muslim 535a |
| In-book reference | : Book 5, Hadith 34 |
| USC-MSA web (English) reference | : Book 4, Hadith 1089 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3781 |
| In-book reference | : Book 49, Hadith 180 |
| English translation | : Vol. 1, Book 46, Hadith 3781 |
Kuraib, the freed slave of Ibn `Abbas, reported that Ibn `Abbas narrated to him that he spent a night in the house of Maimuna, the mother of the believers, who was his mother's sister. I lay down across the cushion, whereas the Messenger of Allah (may peace be upon him) and his wife lay down on it length-wise. The Messenger of Allah (may peace be upon him) slept till midnight, or a little before midnight, or a little after midnight, and then got up and began to cast off the effects of sleep from his face by rubbing with his hand, and then recited the ten concluding verses of Surah Al-`Imran. He then stood up near a hanging water-skin and performed ablution well, and then stood up and prayed, Ibn `Abbas said:
| Reference | : Sahih Muslim 763b |
| In-book reference | : Book 6, Hadith 217 |
| USC-MSA web (English) reference | : Book 4, Hadith 1672 |
| (deprecated numbering scheme) |
'A'isha, the wife of the Apostle of Allah (may peace be upon him), said:
| Reference | : Sahih Muslim 1211b |
| In-book reference | : Book 15, Hadith 120 |
| USC-MSA web (English) reference | : Book 7, Hadith 2765 |
| (deprecated numbering scheme) |
(Imam Zain-ul-'Abidin) 'Ali b. Husain reported that when they came to Medina from Yazid b. Mu'awiya after the martyrdom of Husain b. 'Ali (Allah be pleased with him) Miswar b. Makhramah met him and said to him:
| Reference | : Sahih Muslim 2449c |
| In-book reference | : Book 44, Hadith 139 |
| USC-MSA web (English) reference | : Book 31, Hadith 6001 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3743 |
| In-book reference | : Book 28, Hadith 8 |
| English translation | : Book 27, Hadith 3734 |
Narrated Anas bin Malik:
Allah's Apostle said, "O Allah bestow your blessings on their measures, bless their Mudd and Sa." The Prophet meant the people of Medina.
| Reference | : Sahih al-Bukhari 2130 |
| In-book reference | : Book 34, Hadith 82 |
| USC-MSA web (English) reference | : Vol. 3, Book 34, Hadith 340 |
| (deprecated numbering scheme) |
Narrated `Abdullah bin `Abbas:
Allah's Apostle wrote a letter to Caesar saying, "If you reject Islam, you will be responsible for the sins of the tillers (i.e. your people).
| Reference | : Sahih al-Bukhari 2936 |
| In-book reference | : Book 56, Hadith 149 |
| USC-MSA web (English) reference | : Vol. 4, Book 52, Hadith 187 |
| (deprecated numbering scheme) |
Narrated Abu Huraira:
Allah's Apostle said "How will you be when the son of Mary (i.e. Jesus) descends amongst you and your imam is among you."
| Reference | : Sahih al-Bukhari 3449 |
| In-book reference | : Book 60, Hadith 119 |
| USC-MSA web (English) reference | : Vol. 4, Book 55, Hadith 658 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3889 |
| In-book reference | : Book 49, Hadith 289 |
| English translation | : Vol. 1, Book 46, Hadith 3889 |
| Grade: | Da’if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3455 |
| In-book reference | : Book 48, Hadith 86 |
| English translation | : Vol. 6, Book 45, Hadith 3455 |
Narrated Salamah ibn Sakhr al-Bayadi:
I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.
I said: Go along with me to the Messenger of Allah (saws).
They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.
He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.
He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.
He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq of dates.
I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.
He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2213 |
| In-book reference | : Book 13, Hadith 39 |
| English translation | : Book 12, Hadith 2207 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 398 |
| In-book reference | : Book 2, Hadith 251 |
| English translation | : Vol. 1, Book 2, Hadith 398 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 777 |
| In-book reference | : Book 4, Hadith 43 |
| English translation | : Vol. 1, Book 4, Hadith 777 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 694 |
| In-book reference | : Book 8, Hadith 13 |
| English translation | : Vol. 2, Book 3, Hadith 694 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3233 |
| In-book reference | : Book 13, Hadith 151 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3242 |
| In-book reference | : Book 13, Hadith 160 |
Narrated `Aisha:
Barirah came to seek my help regarding her manumission (freedom). I told herself you like I would pay your price to your masters but your Wala' (allegiance) would be for me." Her masters said, "If you like, you can pay what remains (of the price of her manumission), (Sufyan the sub-narrator once said), or if you like you can manumit her, but her (inheritance) Al-Wala would be for us. "When Allah's Apostle came, I spoke to him about it. He said, "Buy her and manumit her. No doubt Al-Wala' is for the manumitted." Then Allah's Apostle stood on the pulpit (or Allah's Apostle ascended the pulpit as Sufyan once said), and said, "What about some people who impose conditions which are not present in Allah's Book (Laws)? Whoever imposes conditions which are not in Allah's Book (Laws), his conditions will be invalid even if he imposed them a hundred times."
| Reference | : Sahih al-Bukhari 456 |
| In-book reference | : Book 8, Hadith 104 |
| USC-MSA web (English) reference | : Vol. 1, Book 8, Hadith 446 |
| (deprecated numbering scheme) |
Narrated Abu Huraira:
Allah's Apostle entered the mosque and a person followed him. The man prayed and went to the Prophet and greeted him. The Prophet returned the greeting and said to him, "Go back and pray, for you have not prayed." The man went back prayed in the same way as before, returned and greeted the Prophet who said, "Go back and pray, for you have not prayed." This happened thrice. The man said, "By Him Who sent you with the Truth, I cannot offer the prayer in a better way than this. Please, teach me how to pray." The Prophet said, "When you stand for Prayer say Takbir and then recite from the Holy Qur'an (of what you know by heart) and then bow till you feel at ease. Then raise your head and stand up straight, then prostrate till you feel at ease during your prostration, then sit with calmness till you feel at ease (do not hurry) and do the same in all your prayers.
| Reference | : Sahih al-Bukhari 757 |
| In-book reference | : Book 10, Hadith 151 |
| USC-MSA web (English) reference | : Vol. 1, Book 12, Hadith 724 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1458 |
| In-book reference | : Book 8, Hadith 43 |
| English translation | : Book 8, Hadith 1453 |
'Abdullah is reported to have said:
| Reference | : Sahih Muslim 790b |
| In-book reference | : Book 6, Hadith 270 |
| USC-MSA web (English) reference | : Book 4, Hadith 1725 |
| (deprecated numbering scheme) |
Jabir reported Allah's Messenger (may peace be upon him) as saying:
| Reference | : Sahih Muslim 2394a |
| In-book reference | : Book 44, Hadith 29 |
| USC-MSA web (English) reference | : Book 31, Hadith 5896 |
| (deprecated numbering scheme) |
Narrated Abdullah ibn Abbas:
One of the wives of the Prophet (saws) took a bath from a large bowl. The Prophet (saws) wanted to perform ablution or take from the water left over. She said to him: O Prophet of Allah, verily I was sexually defiled. The Prophet said: Water not defiled.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 68 |
| In-book reference | : Book 1, Hadith 68 |
| English translation | : Book 1, Hadith 68 |
Narrated Abdullah ibn Abbas:
A man came to the Prophet (saws), and said: My wife does not prevent the hand of a man who touches her. He said: Divorce her. He then said: I am afraid my inner self may covet her. He said: Then enjoy her.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2049 |
| In-book reference | : Book 12, Hadith 4 |
| English translation | : Book 11, Hadith 2044 |
Safwan b. Ya'la reported on the authority of his father (who said):
| Reference | : Sahih Muslim 1180b |
| In-book reference | : Book 15, Hadith 9 |
| USC-MSA web (English) reference | : Book 7, Hadith 2655 |
| (deprecated numbering scheme) |
'A'isha (Allah be pleased with her) reported:
| Reference | : Sahih Muslim 1333j |
| In-book reference | : Book 15, Hadith 453 |
| USC-MSA web (English) reference | : Book 7, Hadith 3087 |
| (deprecated numbering scheme) |
Zaid b. Khalid al-Juhani reported:
| Reference | : Sahih Muslim 1722a |
| In-book reference | : Book 31, Hadith 1 |
| USC-MSA web (English) reference | : Book 18, Hadith 4272 |
| (deprecated numbering scheme) |
'Adi b. Hatim reported:
| Reference | : Sahih Muslim 1929f |
| In-book reference | : Book 34, Hadith 6 |
| USC-MSA web (English) reference | : Book 21, Hadith 4737 |
| (deprecated numbering scheme) |
Ibn Mas'ud reported that there gathered near the House three persons amongst whom two were Quraishi and one was a Thaqafi or two were Thaqafis and one was a Quraishi. They lacked understanding but wore more flesh. One of them said:
| Reference | : Sahih Muslim 2775a |
| In-book reference | : Book 51, Hadith 6 |
| USC-MSA web (English) reference | : Book 38, Hadith 6682 |
| (deprecated numbering scheme) |
Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.
Malik added, "That was also the opinion of Ibn Shihab."
Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.
Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.
Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.
Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."
Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."
| USC-MSA web (English) reference | : Book 29, Hadith 19 |
| Arabic reference | : Book 29, Hadith 1173 |