'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

The night Allah's Apostle was taken for a journey from the sacred mosque (of Mecca) Al-Ka`ba: Three persons came to him (in a dreamy while he was sleeping in the Sacred Mosque before the Divine Inspiration was revealed to Him. One of them said, "Which of them is he?" The middle (second) angel said, "He is the best of them." The last (third) angle said, "Take the best of them." Only that much happened on that night and he did not see them till they came on another night, i.e. after The Divine Inspiration was revealed to him. (Fath-ul-Bari Page 258, Vol. 17) and he saw them, his eyes were asleep but his heart was not----and so is the case with the prophets: their eyes sleep while their hearts do not sleep. So those angels did not talk to him till they carried him and placed him beside the well of Zamzam. From among them Gabriel took charge of him. Gabriel cut open (the part of his body) between his throat and the middle of his chest (heart) and took all the material out of his chest and `Abdomen and then washed it with Zamzam water with his own hands till he cleansed the inside of his body, and then a gold tray containing a gold bowl full of belief and wisdom was brought and then Gabriel stuffed his chest and throat blood vessels with it and then closed it (the chest). He then ascended with him to the heaven of the world and knocked on one of its doors. The dwellers of the Heaven asked, 'Who is it?' He said, "Gabriel." They said, "Who is accompanying you?" He said, "Muhammad." They said, "Has he been called?" He said, "Yes" They said, "He is welcomed." So the dwellers of the Heaven became pleased with his arrival, and they did not know what Allah would do to the Prophet on earth unless Allah informed them. The Prophet met Adam over the nearest Heaven. Gabriel said to the Prophet, "He is your father; greet him." The Prophet greeted him and Adam returned his greeting and said, "Welcome, O my Son! O what a good son you are!" Behold, he saw two flowing rivers, while he was in the nearest sky. He asked, "What are these two rivers, O Gabriel?" Gabriel said, "These are the sources of the Nile and the Euphrates." Then Gabriel took him around that Heaven and behold, he saw another river at the bank of which there was a palace built of pearls and emerald. He put his hand into the river and found its mud like musk Adhfar. He asked, "What is this, O Gabriel?" Gabriel said, "This is the Kauthar which your Lord has ...

The Prophet (saws) said: On the Day of resurrection Allah will not accept repentance or ransom from him who learns excellence of speech to captivate thereby the hearts of men, or of people.

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

We set out along with the Prophet during the year of (the battle of) Hunain, and when we faced the enemy, the Muslims (with the exception of the Prophet and some of his companions) retreated (before the enemy). I saw one of the pagans over-powering one of the Muslims, so I struck the pagan from behind his neck causing his armor to be cut off. The pagan headed towards me and pressed me so forcibly that I felt as if I was dying. Then death took him over and he released me. Afterwards I followed `Umar and said to him, "What is wrong with the people?" He said, "It is the Order of Allah." Then the Muslims returned (to the battle after the flight) and (after overcoming the enemy) the Prophet sat and said, "Whoever had killed an Infidel and has an evidence to this issue, will have the Salb (i.e. the belonging of the deceased e.g. clothes, arms, horse, etc)." I (stood up) and said, "Who will be my witness?" and then sat down. Then the Prophet repeated his question. Then the Prophet said the same (for the third time). I got up and said, "Who will be my witness?" and then sat down. The Prophet asked his former question again. So I got up. The Prophet said, What is the matter, O Abu Qatada?" So I narrated the whole story; A man said, "Abu Qatada has spoken the truth, and the Salb of the deceased is with me, so please compensate Abu Qatada on my behalf." Abu Bakr said, "No! By Allah, it will never happen that the Prophet will leave a Lion of Allah who fights for the Sake of Allah and His Apostle and give his spoils to you." The Prophet said, "Abu Bakr has spoken the truth. Give it (the spoils) back to him (O man)!" So he gave it to me and I bought a garden in (the land of) Banu Salama with it (i.e. the spoils) and that was the first property I got after embracing Islam.

The Prophet (along with his companions) reached Mecca in the morning of the fourth of Dhul-Hijja assuming Ihram for Hajj only. So when we arrived at Mecca, the Prophet ordered us to change our intentions of the Ihram for `Umra and that we could finish our Ihram after performing the `Umra and could go to our wives (for sexual intercourse). The people began talking about that. Jabir said surprisingly, "Shall we go to Mina while semen is dribbling from our male organs?" Jabir moved his hand while saying so. When this news reached the Prophet he delivered a sermon and said, "I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram." At that Suraqa bin Malik stood up and asked "O Allah's Apostle! Is this permission for us only or is it forever?" The Prophet replied, "It is forever." In the meantime `Ali bin Abu Talib came from Yemen and was saying Labbaik for what the Prophet has intended. (According to another man, `Ali was saying Labbaik for Hajj similar to Allah's Apostle's). The Prophet told him to keep on the Ihram and let him share the Hadi with him.

Uyaynah ibn Hisn and Aqra' ibn Habis came to the Messenger of Allah (saws). They begged from him. He commanded to give them what they begged. He ordered Mu'awiyah to write a document to give what they begged. Aqra' took his document, wrapped it in his turban, and went away.

As for Uyaynah, he took his document and came to the Prophet (saws) at his home, and said to him: Muhammad, do you see me? I am taking a document to my people, but I do not know what it contains, just like the document of al-Mutalammis. Mu'awiyah informed the Messenger of Allah (saws) of his statement.

Thereupon the Messenger of Allah (saws) said: He who begs (from people) when he has sufficient is simply asking for a large amount of Hell-fire. (An-Nufayl (a transmitter) said elsewhere: "embers of Hell".)

They asked: Messenger of Allah, what is a sufficiency? (Elsewhere an-Nufayl said: What is a sufficiency which makes begging unfitting?)

He replied: It is that which would provide a morning and an evening meal. (Elsewhere an-Nufayl said: It is when one has enough for a day and night, or for a night and a day.) He (an-Nufayl) narrated to us this tradition briefly in the words that I have mentioned.

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."

Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."

The Prophet said, "What is wrong with those people who look towards the sky during the prayer?" His talk grew stern while delivering this speech and he said, "They should stop (looking towards the sky during the prayer); otherwise their eyesight would be taken away."

Yahya related to me from Malik from Hisham ibn Urwa that his father, Urwa ibn az-Zubayr made an aqiqa for his male and female children of a sheep each.

Malik said, "What we do about the aqiqa is that if someone makes an aqiqa for his children, he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it, and people continue to come to us about it. If someone makes an aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood .''

Today a man came to me and asked me a question which I did not know how to answer. He said, "Tell me, if a wealthy active man, well-equipped with arms, goes out on military expeditions with our chiefs, and orders us to do such things as we cannot do (should we obey him?)" I replied, "By Allah, I do not know what to reply you, except that we, were in the company of the Prophet and he used to order us to do a thing once only till we finished it. And no doubt, everyone among you will remain in a good state as long as he obeys Allah. If one is in doubt as to the legality of something, he should ask somebody who would satisfy him, but soon will come a time when you will not find such a man. By Him, except Whom none has the right to be worshipped. I see that the example of what has passed of this life (to what remains thereof) is like a pond whose fresh water has been used up and nothing remains but muddy water."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that when the Messenger of Allah, may Allah bless him and grant him peace, returned from a military expedition or a hajj or an umra, he used to say three takbirs on every elevated part of the land, and then he used to say, "There is no god but Allah, alone, without partner. To Him belongs the Kingdom and to Him belongs the praise and He has power over everything. Returning, making tawba, serving, prostrating, praising our Lord. Allah has promised truly and given His slave victory and defeated the tribes alone."

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."

Amr ibn Aws and AbulSha'tha' reported that Bujalah said: I was secretary to Jaz' ibn Mu'awiyah, the uncle of Ahnaf ibn Qays.

A letter came to us from Umar one year before his death, saying: Kill every magician, separate the relatives of prohibited degrees from the Magians, and forbid them to murmur (before eating). So we killed three magicians in one day, and separated from a Magian husband his wife of a prohibited degree according to the Book of Allah.

He prepared abundant food and called them, and placed the sword on his thigh. They ate (the food) but did not murmur. They threw (on the ground) one or two mule-loads of silver. Umar did not take jizyah from Magians until AbdurRahman ibn Awf witnessed that the Messenger of Allah (saws) had taken jizyah from the Magians of Hajar.

The Prophet said, "Allah will say, 'O Adam!. Adam will reply, 'Labbaik and Sa`daik (I respond to Your Calls, I am obedient to Your orders), wal Khair fi Yadaik (and all the good is in Your Hands)!' Then Allah will say (to Adam), Bring out the people of the Fire.' Adam will say, 'What (how many) are the people of the Fire?' Allah will say, 'Out of every thousand (take out) nine hundred and ninety-nine (persons).' At that time children will become hoary-headed and every pregnant female will drop her load (have an abortion) and you will see the people as if they were drunk, yet not drunk; But Allah's punishment will be very severe." That news distressed the companions of the Prophet too much, and they said, "O Allah's Apostle! Who amongst us will be that man (the lucky one out of one-thousand who will be saved from the Fire)?" He said, "Have the good news that one-thousand will be from Gog and Magog, and the one (to be saved will be) from you." The Prophet added, "By Him in Whose Hand my soul is, I Hope that you (Muslims) will be one third of the people of Paradise." On that, we glorified and praised Allah and said, "Allahu Akbar." The Prophet then said, "By Him in Whose Hand my soul is, I hope that you will be one half of the people of Paradise, as your (Muslims) example in comparison to the other people (non-Muslims), is like that of a white hair on the skin of a black ox, or a round hairless spot on the foreleg of a donkey."

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Every child is born on the fitra and it is his parents who make him a jew or a christian. Just as a camel is born whole - do you perceive any defect?" They said, "Messenger of Allah, what happens to people who die when they are (very) young?" He said, "Allah knows best what they used to do."

Allah's Apostle said, "O so-and-so, whenever you go to your bed (for sleeping) say, 'O Allah! I have surrendered myself over to you and have turned my face towards You, and leave all my affairs to You and depend on You and put my trust in You expecting Your reward and fearing Your punishment. There is neither fleeing from You nor refuge but with You. I believe in the Book (Qur'an) which You have revealed and in Your Prophet (Muhammad) whom You have sent.' If you then die on that night, then you will die as a Muslim, and if you wake alive in the morning then you will receive the reward." (See Hadith No. 323, Vol. 8)

Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free.

Malik said, "The generally agreed- on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches puberty, until he manages his property."

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

Whenever Allah's Apostle returned from a Ghazwa or Hajj or `Umra, he used to say, "Allahu Akbar," three times; whenever he went up a high place, he used to say, "La ilaha illal-lahu wahdahu la sharika lahu, lahu-l-mulk wa lahu-l-hamd, wa huwa'ala kulli Shai 'in qadir. Ayibuna ta'ibuna 'abiduna lirabbina hamidun. Sadaqa-l-lahu wa'dahu, wa nasara`Abdahu wa hazama-l-ahzaba wahdahu."

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

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 ...

Abu Umamah bin Sahl bin Hunaif narrated: I was with `Uthman (رضي الله عنه) in the house when he was under siege. We would enter through an entrance... and he narrated a similar hadeeth. And he said: I heard the Messenger of Allah (ﷺ) say:... and he narrated a similar hadeeth,

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

Whenever Allah's Apostle returned from a Ghazwa, Hajj or `Umra, he used to say Takbir thrice at every elevation of the ground and then would say, "None has the right to be worshipped but Allah; He is One and has no partner. All the kingdoms is for Him, and all the praises are for Him, and He is Omnipotent. We are returning with repentance, worshipping, prostrating, and praising our Lord. He has kept up His promise and made His slave victorious, and He Alone defeated all the clans of (nonbelievers).