Narrated Tariq ibn AbdurRahman al-Qarash:
Rafi' ibn Rifa'ah came to a meeting of the Ansar and said: The Prophet of Allah (saws) forbade us (from some things) today, and he mentioned some things. He forbade the earning of a slave-girl except what she earned with her hand. He indicated (some things) with his fingers such as baking, spinning, and ginning.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 3426 |
| In-book reference | : Book 24, Hadith 11 |
| English translation | : Book 23, Hadith 3419 |
Narrated Nafi`:
`Umar bin Al-Khattab said, "O Allah's Apostle! I vowed to observe I`tikaf for one day during the Prelslamic period." The Prophet ordered him to fulfill his vow. `Umar gained two lady captives from the war prisoners of Hunain and he left them in some of the houses at Mecca. When Allah's Apostle freed the captives of Hunain without ransom, they came out walking in the streets. `Umar said (to his son), "O `Abdullah! See what is the matter." `Abdullah replied, "Allah's Apostle has freed the captives without ransom." He said (to him), "Go and set free those two slave girls." (Nafi` added:) Allah's Apostle did not perform the `Umra from Al-Jarana, and if he had performed the `Umra, it would not have been hidden from `Abdullah.
| Reference | : Sahih al-Bukhari 3144 |
| In-book reference | : Book 57, Hadith 52 |
| USC-MSA web (English) reference | : Vol. 4, Book 53, Hadith 372 |
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Narrated `Aisha:
Sa`d bin Abi Waqqas and 'Abu bin Zam`a had a dispute over a boy. Sa`d said, "O Allah's Apostle! This (boy) is the son of my brother, `Utba bin Abi Waqqas who told me to be his custodian as he was his son. Please notice to whom he bears affinity." And 'Abu bin Zam`a said, "This is my brother, O Allah's Apostle! He was born on my father's bed by his slave girl." Then the Prophet looked at the boy and noticed evident resemblance between him and `Utba, so he said, "He (the toy) is for you, O 'Abu bin Zam`a, for the boy is for the owner of the bed, and the stone is for the adulterer. Screen yourself before the boy, O Sauda bint Zam`a." `Aisha added: Since then he had never seen Sauda.
| Reference | : Sahih al-Bukhari 6765 |
| In-book reference | : Book 85, Hadith 42 |
| USC-MSA web (English) reference | : Vol. 8, Book 80, Hadith 757 |
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Narrated `Aisha:
That during the Mina days, Abu Bakr came to her, while there where two girls with her, beating drums, and the Prophet was (lying) covering himself with his garment. Abu Bakr rebuked the two girls, but the Prophet uncovered his face and said, "O Abu Bakr! Leave them, for these are the days of Id (festival)." Those days were the days of Mina-. `Aisha added, "I was being screened by the Prophet while I was watching the Ethiopians playing in the Mosque. `Umar rebuked them, but the Prophet said, "Leave them, O Bani Arfida! Play. (for) you are safe."
| Reference | : Sahih al-Bukhari 3529, 3530 |
| In-book reference | : Book 61, Hadith 39 |
| USC-MSA web (English) reference | : Vol. 4, Book 56, Hadith 730 |
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Malik related to me from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "If a slave-girl gives birth to a child by her master, he must not sell her, give her away, or bequeath her. He enjoys her and when he dies she is free ."
| USC-MSA web (English) reference | : Book 38, Hadith 6 |
| Arabic reference | : Book 38, Hadith 1471 |
[Muslim].
| Reference | : Riyad as-Salihin 1603 |
| In-book reference | : Book 17, Hadith 93 |
'Urwa b. Zubair reported that he asked 'A'isha about the words of Allah:
| Reference | : Sahih Muslim 3018a |
| In-book reference | : Book 56, Hadith 6 |
| USC-MSA web (English) reference | : Book 43, Hadith 7156 |
| (deprecated numbering scheme) |
[Al-Bukhari and Muslim].
| Reference | : Riyad as-Salihin 1365 |
| In-book reference | : Book 11, Hadith 81 |
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4231 |
| In-book reference | : Book 36, Hadith 18 |
| English translation | : Book 35, Hadith 4219 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2915 |
| In-book reference | : Book 19, Hadith 31 |
| English translation | : Book 18, Hadith 2909 |
| Grade: | Da'if (Darussalam) |
| Reference | : Sunan Ibn Majah 654 |
| In-book reference | : Book 1, Hadith 388 |
| English translation | : Vol. 1, Book 1, Hadith 654 |
Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."
Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.
| USC-MSA web (English) reference | : Book 31, Hadith 6 |
| Arabic reference | : Book 31, Hadith 1298 |
Narrated Aisha:
The Prophet engaged me when I was a girl of six (years). We went to Medina and stayed at the home of Bani-al-Harith bin Khazraj. Then I got ill and my hair fell down. Later on my hair grew (again) and my mother, Um Ruman, came to me while I was playing in a swing with some of my girl friends. She called me, and I went to her, not knowing what she wanted to do to me. She caught me by the hand and made me stand at the door of the house. I was breathless then, and when my breathing became Allright, she took some water and rubbed my face and head with it. Then she took me into the house. There in the house I saw some Ansari women who said, "Best wishes and Allah's Blessing and a good luck." Then she entrusted me to them and they prepared me (for the marriage). Unexpectedly Allah's Apostle came to me in the forenoon and my mother handed me over to him, and at that time I was a girl of nine years of age.
| Reference | : Sahih al-Bukhari 3894 |
| In-book reference | : Book 63, Hadith 119 |
| USC-MSA web (English) reference | : Vol. 5, Book 58, Hadith 234 |
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Narrated Anas (bin Malik):
Ar-Rubai (the paternal aunt of Anas bin Malik) broke the incisor tooth of young Ansari girl. Her family demanded the Qisas and they came to the Prophet who passed the judgment of Qisas. Anas bin An-Nadr (the paternal uncle of Anas bin Malik) said, "O Allah's Apostle! By Allah, her tooth will not be broken." The Prophet said, "O Anas! (The law prescribed in) Allah's Book is Qisas." But the people (i.e. the relatives of the girl) gave up their claim and accepted a compensation. On that Allah's Apostle said, "Some of Allah's worshippers are such that if they take an oath, Allah will fulfill it for them."
| Reference | : Sahih al-Bukhari 4611 |
| In-book reference | : Book 65, Hadith 133 |
| USC-MSA web (English) reference | : Vol. 6, Book 60, Hadith 135 |
| (deprecated numbering scheme) |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3580 |
| In-book reference | : Book 17, Hadith 26 |
Narrated Um Salama:
that the Prophet saw in her house a girl whose face had a black spot. He said. "She is under the effect of an evil eye; so treat her with a Ruqya."
| Reference | : Sahih al-Bukhari 5739 |
| In-book reference | : Book 76, Hadith 54 |
| USC-MSA web (English) reference | : Vol. 7, Book 71, Hadith 635 |
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Narrated Abu Sa`id:
The Prophet was more shy (from Haya': pious shyness from committing religeous indiscretions) than a veiled virgin girl. (See Hadith No. 762, Vol. 4)
| Reference | : Sahih al-Bukhari 6119 |
| In-book reference | : Book 78, Hadith 146 |
| USC-MSA web (English) reference | : Vol. 8, Book 73, Hadith 140 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan an-Nasa'i 981 |
| In-book reference | : Book 11, Hadith 106 |
| English translation | : Vol. 2, Book 11, Hadith 982 |
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2046 |
| In-book reference | : Book 12, Hadith 1 |
| English translation | : Book 11, Hadith 2041 |
Narrated Abdullah ibn Mas'ud:
Alqamah and al-Aswad sought permission from Abdullah (ibn Mas'ud) for admission, and we remained sitting at his door for a long time. A slave-girl came out and gave them permission (to enter). He (Ibn Mas'ud) then got up and prayed (standing) between me (al-Aswad) and him (Alqamah). He then said: I witnessed the Messenger of Allah (saws) doing similarly.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 613 |
| In-book reference | : Book 2, Hadith 223 |
| English translation | : Book 2, Hadith 613 |
Narrated Ali ibn AbuTalib:
Ali separated between a slave-girl and her child. The Prophet (saws) prohibited it and made the sale transactions withdrawn.
Abu Dawud said: The narrator Maimun (b. Abi Shaib) did not meet 'Ali. He (Maimun) was killed in the battle of Jamajim in 83 A.H.
Abu Dawud said: The battle of Harrah took place in 63 A.H., and Ibn al-Zubair was killed in 73 A.H.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2696 |
| In-book reference | : Book 15, Hadith 220 |
| English translation | : Book 14, Hadith 2690 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3380 |
| In-book reference | : Book 26, Hadith 185 |
| English translation | : Vol. 4, Book 26, Hadith 3382 |
Narrated Kuraib:
I was sent to Aisha by Ibn `Abbas, Al-Miswar bin Makhrama and `Abdur-Rahman bin Azhar . They told me to greet her on their behalf and to ask her about the offering of the two rak`at after the `Asr prayer and to say to her, "We were informed that you offer those two rak`at and we were told that the Prophet had forbidden offering them." Ibn `Abbas said, "I along with `Umar bin Al-Khattab used to beat the people whenever they offered them." I went to Aisha and told her that message. `Aisha said, "Go and ask Um Salama about them." So I returned and informed them about her statement. They then told me to go to Um Salama with the same question with which t sent me to `Aisha. Um Salama replied, "I heard the Prophet forbidding them. Later I saw him offering them immediately after he prayed the `Asr prayer. He then entered my house at a time when some of the Ansari women from the tribe of Bani Haram were sitting with me, so I sent my slave girl to him having said to her, 'Stand beside him and tell him that Um Salama says to you, "O Allah's Apostle! I have heard you forbidding the offering of these (two rak`at after the `Asr prayer) but I have seen you offering them." If he waves his hand then wait for him.' The slave girl did that. The Prophet beckoned her with his hand and she waited for him. When he had finished the prayer he said, "O daughter of Bani Umaiya! You have asked me about the two rak`at after the `Asr prayer. The people of the tribe of `Abdul-Qais came to me and made me busy and I could not offer the two rak`at after the Zuhr prayer. These (two rak`at that I have just prayed) are for those (missed) ones.
| Reference | : Sahih al-Bukhari 1233 |
| In-book reference | : Book 22, Hadith 11 |
| USC-MSA web (English) reference | : Vol. 2, Book 22, Hadith 325 |
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'A'isha said in connection with His words (those of Allah):
| Reference | : Sahih Muslim 3018d |
| In-book reference | : Book 56, Hadith 9 |
| USC-MSA web (English) reference | : Book 43, Hadith 7159 |
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Narrated `Aisha:
Sa`d bin Abi Waqqas and 'Abu bin Zam`a quarreled over a boy. Sa`d said, "O Allah's Apostle! This boy is the son of my brother (`Utba bin Abi Waqqas) who took a promise from me that I would take him as he was his (illegal) son. Look at him and see whom he resembles." 'Abu bin Zam`a said, "O Allah's Apostle! This is my brother and was born on my father's bed from his slave-girl." Allah's Apostle cast a look at the boy and found definite resemblance to `Utba and then said, "The boy is for you, O 'Abu bin Zam`a. The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death). Then the Prophet said, "O Sauda bint Zama! Screen yourself from this boy." So, Sauda never saw him again.
| Reference | : Sahih al-Bukhari 2218 |
| In-book reference | : Book 34, Hadith 165 |
| USC-MSA web (English) reference | : Vol. 3, Book 34, Hadith 421 |
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Narrated Ibn Shihab Az-Zuhri:
Anas bin Malik said, "When the emigrants came Medina, they had nothing whereas the Ansar had land and property. The Ansar gave them their land on condition that the emigrants would give them half the yearly yield and work on the land and provide the necessaries for cultivation." His (i.e. Anas's mother who was also the mother of `Abdullah bin Abu Talha, gave some date-palms to Allah' Apostle who gave them to his freed slave-girl (Um Aiman) who was also the mother of Usama bin Zaid. When the Prophet finished from the fighting against the people of Khaibar and returned to Medina, the emigrants returned to the Ansar the fruit gifts which the Ansar had given them. The Prophet also returned to Anas's mother the date-palms. Allah's Apostle gave Um Aiman other trees from his garden in lieu of the old gift.
| Reference | : Sahih al-Bukhari 2630 |
| In-book reference | : Book 51, Hadith 62 |
| USC-MSA web (English) reference | : Vol. 3, Book 47, Hadith 799 |
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Narrated Um Habiba:
(the wife of the Prophet) I said, "O Allah's Apostle! Will you marry my sister, the daughter of Abu Sufyan." The Prophet said, "Do you like that?" I said, "Yes, for I am not your only wife, and the person I like most to share the good with me, is my sister." He said, "That is not lawful for me." I said, "O Allah's Apostle! We have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she is unlawful for me, for she is my foster niece. Thuwaiba suckled me and Abu Salama. So you should not present to me your daughters and sisters." Narrated 'Urwa: Thuwaiba had been a slave girl whom Abu Lahab had emancipated.
| Reference | : Sahih al-Bukhari 5372 |
| In-book reference | : Book 69, Hadith 22 |
| USC-MSA web (English) reference | : Vol. 7, Book 64, Hadith 285 |
| (deprecated numbering scheme) |
| Reference | : Sahih al-Bukhari 2290 |
| In-book reference | : Book 39, Hadith 1 |
| USC-MSA web (English) reference | : Vol. 3, Book 37, Hadith 488 |
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Hammam b. al-Harith reported, he has a sexual dream when he was staying with 'Aishah. The slave girl of 'Aishah saw him while he was washing the mark of defilement, or he was washing his clothe. She informed 'Aishah who said:
Abu Dawud said: Al-A'mash narrated it as narrated by al-Hakam.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 371 |
| In-book reference | : Book 1, Hadith 371 |
| English translation | : Book 1, Hadith 371 |
Narrated Jabir:
"Allah's Apostle said to me, "Have you got married O Jabir?" I replied, "Yes." He asked "What, a virgin or a matron?" I replied, "Not a virgin but a matron." He said, "Why did you not marry a young girl who would have fondled with you?" I replied, "O Allah's Apostle! My father was martyred on the day of Uhud and left nine (orphan) daughters who are my nine sisters; so I disliked to have another young girl of their age, but (I sought) an (elderly) woman who could comb their hair and look after them." The Prophet said, "You have done the right thing."
| Reference | : Sahih al-Bukhari 4052 |
| In-book reference | : Book 64, Hadith 98 |
| USC-MSA web (English) reference | : Vol. 5, Book 59, Hadith 382 |
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Narrated `Urwa:
That he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphan girls, marry (other) women of your choice.' (4.3) `Aisha said, "It is about an orphan girl under the custody of her guardian who being attracted by her wealth and beauty wants to marry her with Mahr less than other women of her status. So such guardians were forbidden to marry them unless they treat them justly by giving them their full Mahr. Then the people sought the verdict of Allah's Apostle for such cases, whereupon Allah revealed: 'They ask your instruction concerning women..' (4.127) (The sub-narrator then mentioned the Hadith.)
| Reference | : Sahih al-Bukhari 6965 |
| In-book reference | : Book 90, Hadith 12 |
| USC-MSA web (English) reference | : Vol. 9, Book 86, Hadith 95 |
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'Urwa reported that he asked 'A'isha about the words of Allah:
| Reference | : Sahih Muslim 3018b |
| In-book reference | : Book 56, Hadith 7 |
| USC-MSA web (English) reference | : Book 43, Hadith 7157 |
| (deprecated numbering scheme) |
| Sunnah.com reference | : Book 2, Hadith 133 |
| English translation | : Book 2, Hadith 259 |
| Arabic reference | : Book 2, Hadith 261 |
Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "When you marry a woman or buy a slave-girl, take her by the forelock and ask for baraka. When you buy a camel, take the top of its hump, and seek refuge with Allah from Shaytan."
| USC-MSA web (English) reference | : Book 28, Hadith 52 |
| Arabic reference | : Book 28, Hadith 1147 |
Yahya related to me from Malik from Ibn Shihab that Abdullah ibn Amir gave Uthman ibn Affan a slave-girl who had a husband whom he had purchased at Basra. Uthman said, "I will not go near her until her husband separates from her." Ibn Amir compensated the husband and he separated from her.
| USC-MSA web (English) reference | : Book 31, Hadith 7 |
| Arabic reference | : Book 31, Hadith 1299 |
Narrated Asma:
Abdullah AbuUmar, client of Asma', daughter of AbuBakr, said: I saw Ibn Umar buying a Syrian garment in the market. When he saw that it had red warp, he returned it. I then came to Asma' and mentioned it to her. She said: Bring me, slave-girl, the mantle of the Messenger of Allah (saws). She brought out a mantle of a course ornamented cloth, with its collar, sleeves, front, and back were hemmed with brocade.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4054 |
| In-book reference | : Book 34, Hadith 35 |
| English translation | : Book 33, Hadith 4043 |
Narrated Abu Huraira:
Allah's Apostle said, "A man bought a piece of land from another man, and the buyer found an earthenware jar filled with gold in the land. The buyer said to the seller. 'Take your gold, as I have bought only the land from you, but I have not bought the gold from you.' The (former) owner of the land said, "I have sold you the land with everything in it.' So both of them took their case before a man who asked, 'Do you have children?' One of them said, "I have a boy.' The other said, "I have a girl.' The man said, 'Marry the girl to the boy and spend the money on both of them and give the rest of it in charity.'"
| Reference | : Sahih al-Bukhari 3472 |
| In-book reference | : Book 60, Hadith 139 |
| USC-MSA web (English) reference | : Vol. 4, Book 55, Hadith 678 |
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Malik related to me from Rabia ibn Abi Abd ar-Rahman that Umar ibn al-Khattab spoke about a man who went out with his wife's slave- girl on a journey and had intercourse with her and then the wife became jealous and mentioned that to Umar ibn al-Khattab. Umar questioned him about it. He said, "She gave her to me." Umar said, "Bring me a clear proof or I will stone you." Rabia added, "The wife confessed that she had given her to him."
| USC-MSA web (English) reference | : Book 41, Hadith 20 |
| Arabic reference | : Book 41, Hadith 1523 |
Narrated `Ali:
Fatima went to the Prophet complaining about the bad effect of the stone hand-mill on her hand. She heard that the Prophet had received a few slave girls. But (when she came there) she did not find him, so she mentioned her problem to `Aisha. When the Prophet came, `Aisha informed him about that. `Ali added, "So the Prophet came to us when we had gone to bed. We wanted to get up (on his arrival) but he said, 'Stay where you are." Then he came and sat between me and her and I felt the coldness of his feet on my `Abdomen. He said, "Shall I direct you to something better than what you have requested? When you go to bed say 'Subhan Allah' thirty-three times, 'Al hamduli l-lah' thirty three times, and Allahu Akbar' thirty four times, for that is better for you than a servant."
| Reference | : Sahih al-Bukhari 5361 |
| In-book reference | : Book 69, Hadith 11 |
| USC-MSA web (English) reference | : Vol. 7, Book 64, Hadith 274 |
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[Her saying]: "Shatr" means a small quantity of barley.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2467 |
| In-book reference | : Book 37, Hadith 53 |
| English translation | : Vol. 4, Book 11, Hadith 2467 |
Narrated Yusuf bin Mahik:
I was in the house of `Aisha, the mother of the Believers. She said, "This revelation: "Nay, but the Hour is their appointed time (for their full recompense); and the Hour will be more previous and most bitter." (54.46) was revealed to Muhammad at Mecca while I was a playfull little girl."
| Reference | : Sahih al-Bukhari 4876 |
| In-book reference | : Book 65, Hadith 397 |
| USC-MSA web (English) reference | : Vol. 6, Book 60, Hadith 399 |
| (deprecated numbering scheme) |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4756 |
| In-book reference | : Book 45, Hadith 51 |
| English translation | : Vol. 5, Book 45, Hadith 4760 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 4757 |
| In-book reference | : Book 45, Hadith 52 |
| English translation | : Vol. 5, Book 45, Hadith 4761 |
Narrated Hisham's father:
Khadija died three years before the Prophet departed to Medina. He stayed there for two years or so and then he married `Aisha when she was a girl of six years of age, and he consumed that marriage when she was nine years old.
| Reference | : Sahih al-Bukhari 3896 |
| In-book reference | : Book 63, Hadith 121 |
| USC-MSA web (English) reference | : Vol. 5, Book 58, Hadith 236 |
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حَدَّثَنَا ابْنُ أَبِي عُمَرَ، حَدَّثَنَا سُفْيَانُ، عَنْ صَالِحِ بْنِ صَالِحٍ، وَهُوَ ابْنُ حَىٍّ عَنِ الشَّعْبِيِّ، عَنْ أَبِي ...
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1116 |
| In-book reference | : Book 11, Hadith 38 |
| English translation | : Vol. 2, Book 6, Hadith 1116 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1451 |
| In-book reference | : Book 17, Hadith 34 |
| English translation | : Vol. 3, Book 15, Hadith 1451 |
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."
| USC-MSA web (English) reference | : Book 36, Hadith 7 |
| Arabic reference | : Book 36, Hadith 1411 |
Narrated Ali ibn AbuTalib:
A slave-girl belonging to the house of the Messenger of Allah (saws) committed fornication. He (the Prophet) said: Rush up, Ali, and inflict the prescribed punishment on her. I then hurried up, and saw that blood was flowing from her, and did not stop. So I came to him and he said: Have you finished inflicting (punishment on her)? I said: I went to her while her blood was flowing. He said: Leave her alone till her bleeding stops; then inflict the prescribed punishment on her. And inflict the prescribed punishment on those whom your right hands possess (i.e. slaves).
Abu Dawud said: A similar tradition has been transmitted by Abu al-Ahwas from 'Abd al-A'la, and also by Shu'bah from 'Abd al-A'la. This version has: He said: Do not give her beating until she gives birth to a child. But the former (version) is sounder.
| صحيح م دون قوله وأقيموا الحدود (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4473 |
| In-book reference | : Book 40, Hadith 123 |
| English translation | : Book 39, Hadith 4458 |
Narrated Um Khalid bint Khalid:
When I came from Ethiopia (to Medina), I was a young girl. Allah's Apostle made me wear a sheet having marks on it. Allah's Apostle was rubbing those marks with his hands saying, "Sanah! Sanah!" (i.e. good, good).
| Reference | : Sahih al-Bukhari 3874 |
| In-book reference | : Book 63, Hadith 99 |
| USC-MSA web (English) reference | : Vol. 5, Book 58, Hadith 214 |
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Narrated 'Urwa:
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."
| Reference | : Sahih al-Bukhari 5064 |
| In-book reference | : Book 67, Hadith 2 |
| USC-MSA web (English) reference | : Vol. 7, Book 62, Hadith 2 |
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