Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

Yahya related to me from Malik from Yahya ibn Said from a man of the Ansar that his wife asked him for a divorce, and he said to her, "When you have had your period, then tell me." When she had her period, she told him. He said, "When you are purified then tell me." When she was purified, she told him and he divorced her.

Malik said, "This is the best of what I have heard about it."

Malik related to me from Ibn Shihab that he had heard that in the time of the Messenger of Allah, may Allah bless him and grant him peace, women were becoming muslim in their own lands and they did not do hijra while their husbands were still kafirun although they themselves had become muslim. Among them was the daughter of al-Walid ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became muslim on the day of the conquest (of Makka), and her husband, Safwan ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr with the cloak of the Messenger of Allah, may Allah bless him and grant him peace, as a safe-conduct for Safwan ibn Umayya, and the Messenger of Allah, may Allah bless him and grant him peace, called him to Islam and asked for him to come to him and if he was pleased with the matter to accept it. If not he would have a respite for two months.

When Safwan came to the Messenger of Allah, may Allah bless him and grant him peace, with his cloak, he called out to him over the heads of the people, "Muhammad! Wahb ibn Umayr brought me your cloak and claimed that you had summoned me to come to you and if I was pleased with the matter, I should accept it and if not, you would give me a respite for two months. "The Messenger of Allah, may Allah bless him and grant him peace, said, "Come down, Abu Wahb." He said, "No, by Allah! I will not come down until you make it clear to me." The Messenger of Allah, may Allah bless him and grant him peace, said, "You have a respite of four months." The Messenger of Allah, may Allah bless him and grant him peace, went out toward Hawazin at Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms that he had. Safwan said, "Willingly or unwillingly?" He said, "Willingly." Therefore he lent him the equipment and arms which he had. Then Safwan went out with the Messenger of Allah, may Allah bless him and grant him peace, while he was still a kafir. He was present at the battles of Hunayn and at-Ta'if while he was still a kafir and his wife was a muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan and his wife until he had become muslim, and his wife was settled with him by that marriage.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam decided that if someone made three pronouncements of divorce, he had divorced his wife irrevocably.

Malik said, "That is what I like best of what I have heard on the subject."

29.2 Divorce by Euphemistic Statements

The Prophet made a man and his wife carry out Lian, and the husband repudiated her child. So the Prophet got them separated (by divorce) and decided that the child belonged to the mother only.

Uwaimir Al-`Ajlani came to `Asim bin Adi Al-Ansari and asked, "O `Asim! Tell me, if a man sees his wife with another man, should he kill him, whereupon you would kill him in Qisas, or what should he do? O `Asim! Please ask Allah's Apostle about that." `Asim asked Allah's Apostle about that. Allah's Apostle disliked that question and considered it disgraceful. What `Asim heard from Allah's Apostle was hard on him. When he returned to his family, 'Uwaimir came to him and said "O `Asim! What did Allah's Apostle say to you?" `Asim said, "You never bring me any good. Allah's Apostle disliked to hear the problem which I asked him about." 'Uwaimir said, "By Allah, I will not leave the matter till I ask him about it." So 'Uwaimir proceeded till he came to Allah's Apostle who was in the midst of the people and said, "O Allah's Apostle! If a man finds with his wife another man, should he kill him, whereupon you would kill him (in Qisas): or otherwise, what should he do?" Allah's Apostle said, "Allah has revealed something concerning the question of you and your wife. Go and bring her here." So they both carried out the judgment of Lian, while I was present among the people (as a witness). When both of them had finished, 'Uwaimir said, "O Allah's Apostle! If I should now keep my wife with me, then I have told a lie". Then he pronounced his decision to divorce her thrice before Allah's Apostle ordered him to do so. (Ibn Shihab said, "That was the tradition for all those who are involved in a case of Lian."

When the Trench was dug, I saw the Prophet in the state of severe hunger. So I returned to my wife and said, "Have you got anything (to eat), for I have seen Allah's Apostle in a state of severe hunger." She brought out for me, a bag containing one Sa of barley, and we had a domestic she animal (i.e. a kid) which I slaughtered then, and my wife ground the barley and she finished at the time I finished my job (i.e. slaughtering the kid). Then I cut the meat into pieces and put it in an earthenware (cooking) pot, and returned to Allah's Apostle . My wife said, "Do not disgrace me in front of Allah's Apostle and those who are with him." So I went to him and said to him secretly, "O Allah's Apostle! I have slaughtered a she-animal (i.e. kid) of ours, and we have ground a Sa of barley which was with us. So please come, you and another person along with you." The Prophet raised his voice and said, "O people of Trench ! Jabir has prepared a meal so let us go." Allah's Apostle said to me, "Don't put down your earthenware meat pot (from the fireplace) or bake your dough till I come." So I came (to my house) and Allah's Apostle too, came, proceeding before the people. When I came to my wife, she said, "May Allah do so-and-so to you." I said, "I have told the Prophet of what you said." Then she brought out to him (i.e. the Prophet the dough, and he spat in it and invoked for Allah's Blessings in it. Then he proceeded towards our earthenware meat-pot and spat in it and invoked for Allah's Blessings in it. Then he said (to my wife). Call a lady-baker to bake along with you and keep on taking out scoops from your earthenware meat-pot, and do not put it down from its fireplace." They were onethousand (who took their meals), and by Allah they all ate, and when they left the food and went away, our earthenware pot was still bubbling (full of meat) as if it had not decreased, and our dough was still being baked as if nothing had been taken from it.

Sahl bin Sa’ad Al Sa’idi said that ‘Uwaimir bin Ashqar Al Ajilani came to ‘Asim bin Adl and said to him “Asim tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act? Ask the Apostle of Allaah(saws) ‘Asim, for me about it. ‘Asim then asked the Apostle of Allaah(saws) about it. The Apostle of Allaah(saws) disliked the question and denounced it. What ‘Asim heard from the Apostle of Allaah(saws) fell heavy on him. When ‘Asim returned to his family ‘Uwaimr came to him and asked ‘Asim “What did the Apostle of Allaah(saws) say to you”? Asim replied “You did not do good to me”. The Apostle of Allaah(saws) disliked the question that I asked him. Thereupon ‘Uwaimir said “I swear by Allaah, I shall not leave until I ask him about it. So, ‘Uwaimir came to the Apostle of Allaah(saws) while he was sitting in the midst of the people.” He said “Apostle of Allaah(saws) tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you, or how should he act?” The Apostle of Allaah(saws) said “A revelation has been sent down about you and your wife so go away and bring her. Sahl said “So we cursed one another while I was along with the people who were with the Apostle of Allaah(saws). Then when they finished, ‘Umamir said “I shall have lied against her, Apostle of Allaah(saws) if I keep her. He pronounced her divorce three times before the Apostle of Allaah(saws)commanded him (to do so).

Ibn Shihab said “Then this became the method of invoking curses.”

Zurara b. Aufa said that Sa'd b. Hisham divorced his wife, and then proceeded to Medina to sell his property, and the rest of the hadith is the same.

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar."

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

A man came to the Prophet and said, "I am ruined!" The Prophet said, "What is the matter with you?" He said, "I had sexual relation with my wife (while I was fasting) in Ramadan." The Prophet said, "Have you got enough to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" The man said, "No." The Prophet said, "Can you feed sixty poor persons?" The man said, "No." Then the Prophet said to him, "Sit down," and he sat down. Afterwards an 'Irq, i.e., a big basket containing dates was brought to the Prophet and the Prophet said to him, "Take this and give it in charity." The man said, "To poorer people than we?" On that, the Prophet smiled till his premolar teeth became visible, and then told him, "Feed your family with it." (See Hadith No. 157, Vol 3)

Sa`d bin 'Ubada said, "If I saw a man with my wife, I would strike him (behead him) with the blade of my sword." This news reached Allah's Apostle who then said, "You people are astonished at Sa`d's Ghira. By Allah, I have more Ghira than he, and Allah has more Ghira than I, and because of Allah's Ghira, He has made unlawful Shameful deeds and sins (illegal sexual intercourse etc.) done in open and in secret. And there is none who likes that the people should repent to Him and beg His pardon than Allah, and for this reason He sent the warners and the givers of good news. And there is none who likes to be praised more than Allah does, and for this reason, Allah promised to grant Paradise (to the doers of good)." `Abdul Malik said, "No person has more Ghira than Allah."

The Prophet (saws) said: He who has intercourse with his wife through her anus is accursed.

Nafi' bun Ujair bin Abd Yazid bin Ruknah reported Ruknah bin ‘Abd Yazid divorced his wife Suhaimah absolutely. The Prophet (saws) was informed about this matter. He said to him (the Prophet) I swear by Allaah that I meant it to be only a single utterance of divorce. The Apostle of Allaah(saws) said “I swear by Allaah that I meant it to be only a single divorce. The Apostle of Allaah(saws) restored her to him, Then he divorced her the second time in the time of ‘Umar and the third time of ‘Uthman.

Abu Dawud said “This tradition contains the words of Ibrahim in its beginning and the words of Ibn Al Sarh in the end.

Two women were stitching shoes in a house or a room. Then one of them came out with an awl driven into her hand, and she sued the other for it. The case was brought before Ibn `Abbas, Ibn `Abbas said, "Allah's Apostle said, 'If people were to be given what they claim (without proving their claim) the life and property of the nation would be lost.' Will you remind her (i.e. the defendant), of Allah and recite before her:--"Verily! Those who purchase a small gain at the cost of Allah's Covenant and their oaths..."(3.77) So they reminded her and she confessed. Ibn `Abbas then said, "The Prophet said, 'The oath is to be taken by the defendant (in the absence of any proof against him).

Khawlah was the wife of Aws ibn as-Samit; he was a man immensely given to sexual intercourse. When his desire for intercourse was intensified, he made his wife like his mother's back. So Allah, the Exalted, sent down Qur'anic verses relating to expiation for zihar.

Urwah reported on the authority of his father that Abdullah ibn al-Arqam travelled for performing hajj (pilgrimage) or umrah. He was accompanied by the people whom he led in prayer. One day when he was leading them in the dawn (fajr) prayer, he said to them: One of you should come forward. He then went away to relieve himself. He said: I heard the Messenger of Allah (saws) say: When any of you feels the need of relieving himself while the congregational prayer is ready, he should go to relieve himself.

Yahya related to me from Malik that he had heard that a man said to Abdullah ibn Abbas, "I have divorced my wife by saying I divorce you a hundred times. What do you think my situation is?" Ibn Abbas said to him, "She was divorced from you by three pronouncements, and by the ninety-seven, you have mocked the ayat of Allah."

A bedouin came to the Prophet (saws), and said: My wife has given birth to a black son, and I disown him. He then narrated the rest of the tradition to the same effect.

A man came to the Prophets and said, "I am ruined!" The Prophet said, "What is the matter with you?" He said, "I have done a sexual relation with my wife (while fasting) in Ramadan" The Prophet said to him, "Can you afford to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" He said, "No." The Prophet said, "Can you feed sixty poor persons?" He said, "I have nothing." Later on an Irq (big basket) containing dates was given to the Prophet, and the Prophet said (to him), "Take this basket and give it in charity." The man said, "To poorer people than we? Indeed, there is nobody between its (i.e., Medina's) two mountains who is poorer than we." The Prophet then said, "Take it and feed your family with it."

A bedouin came to Allah's Apostle and said, "My wife has delivered a black boy, and I suspect that he is not my child." Allah's Apostle said to him, "Have you got camels?" The bedouin said, "Yes." The Prophet said, "What color are they?" The bedouin said, "They are red." The Prophet said, "Are any of them Grey?" He said, "There are Grey ones among them." The Prophet said, "Whence do you think this color came to them?" The bedouin said, "O Allah's Apostle! It resulted from hereditary disposition." The Prophet said, "And this (i.e., your child) has inherited his color from his ancestors." The Prophet did not allow him to deny his paternity of the child.

'Umar consulted the people about the compensation of abortion of woman. Al-Mughirah b. Shu'bah said: I was present with the Messenger of Allah (saws) when he gave judgement that a male or female slave should testify you. So he brought Muhammad b. Maslamah to him. Harun added: He then testified him.

Imlas means a man striking the belly of his wife.

Abu Dawud said: I have been informed that Abu 'Ubaid said: It (abortion) is called imlas because the woman causes it to slip before the time of delivery. Similarly, anything which slips from the hand or from some other thing is called malasa (slipped).

We slaughtered a horse (by Nahr) during the lifetime of the Prophet and ate it.

While I was sitting with Allah's Apostle (p.b.u.h) two person came to him; one of them complained about his poverty and the other complained about the prevalence of robberies. Allah's Apostle said, "As regards stealing and robberies, there will shortly come a time when a caravan will go to Mecca (from Medina) without any guard. And regarding poverty, The Hour (Day of Judgment) will not be established till one of you wanders about with his object of charity and will not find anybody to accept it And (no doubt) each one of you will stand in front of Allah and there will be neither a curtain nor an interpreter between him and Allah, and Allah will ask him, 'Did not I give you wealth?' He will reply in the affirmative. Allah will further ask, 'Didn't send a messenger to you?' And again that person will reply in the affirmative Then he will look to his right and he will see nothing but Hell-fire, and then he will look to his left and will see nothing but Hell-fire. And so, any (each one) of you should save himself from the fire even by giving half of a date-fruit (in charity). And if you do not find a hall datefruit, then (you can do it through saying) a good pleasant word (to your brethren). (See Hadith No. 793 Vol. 4).

Yahya related to me from Malik from Zayd ibn Aslam that a man questioned the Messenger of Allah, may Allah bless him and grant him peace, saying, "What is permitted me from my wife when she is menstruating?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Let her wrap her waist-wrapper round herself tightly, and then what is above that is your concern."