Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Allah's Apostle sent out ten spies under the command of `Asim bin Thabit Al-Ansari, the grand-father of `Asim bin `Umar Al-Khattab. When they reached (a place called) Al-Hadah between 'Usfan and Mecca, their presence was made known to a sub-tribe of Hudhail called Banu Lihyan. So they sent about one hundred archers after them. The archers traced the footsteps (of the Muslims) till they found the traces of dates which they had eaten at one of their camping places. The archers said, "These dates are of Yathrib (i.e. Medina)," and went on tracing the Muslims' footsteps. When `Asim and his companions became aware of them, they took refuge in a (high) place. But the enemy encircled them and said, "Come down and surrender. We give you a solemn promise and covenant that we will not kill anyone of you." `Asim bin Thabit said, "O people! As for myself, I will never get down to be under the protection of an infidel. O Allah! Inform your Prophet about us." So the archers threw their arrows at them and martyred `Asim. Three of them came down and surrendered to them, accepting their promise and covenant and they were Khubaib, Zaid bin Ad-Dathina and another man. When the archers got hold of them, they untied the strings of the arrow bows and tied their captives with them. The third man said, "This is the first proof of treachery! By Allah, I will not go with you for I follow the example of these." He meant the martyred companions. The archers dragged him and struggled with him (till they martyred him). Then Khubaib and Zaid bin Ad-Dathina were taken away by them and later on they sold them as slaves in Mecca after the event of the Badr battle. The sons of Al-Harit bin `Amr bin Naufal bought Khubaib for he was a person who had killed (their father) Al-Hari bin `Amr on the day (of the battle) of Badr. Khubaib remained imprisoned by them till they decided unanimously to kill him. One day Khubaib borrowed from a daughter of Al-Harith, a razor for shaving his pubic hair, and she lent it to him. By chance, while she was inattentive, a little son of hers went to him (i.e. Khubaib) and she saw that Khubaib had seated him on his thigh while the razor was in his hand. She was so much terrified that Khubaib noticed her fear and said, "Are you afraid that I will kill him? Never would I do such a thing." Later on (while narrating the story) she said, "By Allah, I had never seen a better captive than Khubaib. By Allah, one day I saw him eating from a bunch of grapes in his hand while he was fettered with iron chains and (at that time) there was no fruit in Mecca." She used to say," It was food Allah had provided Khubaib with." When they took him to Al-Hil out of Mecca sanctuary to martyr him, Khubaib requested them. "Allow me to offer a two-rak`at prayer." They allowed him and he prayed two rak`at and then said, "By Allah! Had I not been afraid that you would think I was worried, I would have prayed more." Then he (invoked evil upon them) saying, "O Allah! Count them and kill them one by one, and do not leave anyone of them"' Then he recited: "As I am martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, for this is for the Cause of Allah. If He wishes, He will bless the cut limbs of my body." Then Abu Sarva, 'Ubqa bin Al-Harith went up to him and killed him. It was Khubaib who set the tradition of praying for any Muslim to be martyred in captivity (before he is executed). The Prophet told his companions of what had happened (to those ten spies) on the same day they were martyred. Some Quraish people, being informed of `Asim bin Thabit's death, sent some messengers to bring a part of his body so that his death might be known for certain, for he had previously killed one of their leaders (in the battle of Badr). But Allah sent a swarm of wasps to protect the dead body of `Asim, and they shielded him from the messengers who could not cut anything from his body.

The Messenger of Allah (saws) said to us: Seek it (laylat al-Qadr) on the seventeenth night of Ramadan, and on the twenty first night, and on the twenty-third night. He then kept silence.

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

On the day of the conquest of Mecca, the Prophet said, "There is no more emigration (from Mecca) but Jihad and intentions, and whenever you are called for Jihad, you should go immediately. No doubt, Allah has made this place (Mecca) a sanctuary since the creation of the heavens and the earth and will remain a sanctuary till the Day of Resurrection as Allah has ordained its sanctity. Fighting was not permissible in it for anyone before me, and even for me it was allowed only for a portion of a day. So, it is a sanctuary with Allah's sanctity till the Day of Resurrection. Its thorns should not be uprooted and its game should not be chased; and its luqata (fallen things) should not be picked up except by one who would announce that publicly, and its vegetation (grass etc.) should not be cut." Al-`Abbas said, "O Allah's Apostle! Except Al-Idhkhir, (for it is used by their blacksmiths and for their domestic purposes)." So, the Prophet said, "Except Al-Idhkhir."

Allah's Apostle said, "If a husband calls his wife to his bed (i.e. to have sexual relation) and she refuses and causes him to sleep in anger, the angels will curse her till morning."

Malik related to me from Hisham ibn Urwa that his father said that there was only one hadd against a man who slandered a group of people.

Malik said, "If they are on separate occasions there is still only one hadd against him."

Malik related to me from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha ibn an-Numan al- Ansari, then from the Banu'n-Najar from his mother Amra bint Abd ar- Rahman that two men cursed each other in the time of Umar ibn al- Khattab. One of them said to the other, " By Allah, my father is not an adulterer and my mother is not an adulteress." Umar ibn al-Khattab asked advice about that. One person said, "He has praised his father and mother." Another said, "His father and mother have praise other than this. We think that he is to be flogged with the hadd." So Umar flogged him with the hadd of eighty lashes.

Malik said, "There is no hadd in our view except for slander, denial or insinuation, in which one sees that the speaker intends by that denial or slander. Then the hadd is completely imposed on the one who said it."

Malik said, "What is done in our community when a man denies that another man is from his father, is that he deserves the hadd. If the mother who is denied is a slave, then he deserves the hadd as well. '

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

Al-Arif ibn ad-Daylami said: We went to Wathilah ibn al-Asqa and said to him: Tell us a tradition which has not addition or omission. He became angry and replied: One of you recites when his copy of a Qur'an is hung up in his house, and he makes additions and omissions. We said: All we mean is a tradition you have heard from the Messenger of Allah (saws). He said: We went to the Prophet (saws) about a friend of ours who deserved. Hell for murder. He said: Emancipate a slave on his behalf; Allah will set free from Hell a member of the body for every member of his.

A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's Laws." His opponent got up and said, "He is right. Judge between us according to Allah's Laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's Laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile." He then addressed somebody, "O Unais! go to the wife of this (man) and stone her to death" So, Unais went and stoned her to death.

That the Messenger of Allah (saws) said: "There are three for whom it is a right upon Allah to help him: The Mujahid in the cause of Allah, the Mukatab who intends to fulfill (the Kitabah), and the one getting married who intends chastity."

[Abu 'Eisa said:] This Hadith is Hasan.

That he said, "O Allah's Apostle! What do you think about my good deeds which I used to do during the period of ignorance (before embracing Islam) like keeping good relations with my Kith and kin, manumitting of slaves and giving alms etc; Shall I receive the reward for that?" Allah's Apostle said, "You have embraced Islam with all those good deeds which you did.

The Prophet (saws) said: If anyone gives as a dower to his wife two handfuls of flour or dates he has made her lawful for him.

AbuDawud said: This tradition has been narrated by Abdur Rahman ibn Mahdi, from Salih ibn Ruman, from Abu al-Zubayr on the authority of Jabir as his own statement (not going back to the Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from AbuzZubayr on the authority of Jabir who said: During the lifetime of the Messenger of Allah (saws) we used to contract temporary marriage for a handful of grain.

Abu Dawud said: This tradition has also been transmitted by Ibn Juraij from Abu al-Zubair on the authority of Jabir similar to the one narrated by Abu 'Asim.

that Yahya bin Sa`id bin Al-`As divorced the daughter of `Abdur-Rahman bin Al-Hakarn. `Abdur- Rahman took her to his house. On that `Aisha sent a message to Marwan bin Al-Hakam who was the ruler of Medina, saying, "Fear Allah, and urge your brother) to return her to her house." Marwan (in Sulaiman's version) said, "Abdur-Rahman bin Al-Hakam did not obey me (or had a convincing argument)." (In Al-Qasim's versions Marwan said, "Have you not heard of the case of Fatima bint Qais?" Aisha said, "The case of Fatima bint Qais is not in your favor.' Marwan bin Al-Hakam said to `Aisha, "The reason that made Fatima bint Qais go to her father's house is just applicable to the daughter of `Abdur-Rahman."

A man came to the Prophet and said, "I have been ruined for I have had sexual relation with my wife in Ramadan (while I was fasting)" The Prophet said (to him), "Manumit a slave." The man said, " I cannot afford that." The Prophet said, "(Then) fast for two successive months continuously". The man said, "I cannot do that." The Prophet said, "(Then) feed sixty poor persons." The man said, "I have nothing (to feed them with)." Then a big basket full of dates was brought to the Prophet. The Prophet said, "Where is the questioner? Go and give this in charity." The man said, "(Shall I give this in charity) to a poorer person than l? By Allah, there is no family in between these two mountains (of Medina) who are poorer than we." The Prophet then smiled till his premolar teeth became visible, and said, "Then (feed) your (family with it).

I was driving the she-camel of the Messenger of Allah (saws) during a journey. He said to me: Uqbah, should I not teach you two best surahs ever recited? He then taught me: "Say, I seek refuge in the Lord of the dawn," and "Say, I seek refuge in the Lord of men." He did not see me much pleased (by these two surahs).

When he alighted for prayer, he led the people in the morning prayer and recited them in prayer. When the Messenger of Allah (saws) finished his prayer, he turned to me and said: O Uqbah, how did you see.

I was present at the gathering of Banu Salamah, and I was the youngest of them.

They (the people) said: Who will ask the Messenger of Allah (saws) for us about Laylat al-Qadr? That was the twenty-first of Ramadan. I went out and said the sunset prayer along with the Messenger of Allah (saws). I then stood at the door of his house.

He passed by me and said: Come in. I entered (the house) and dinner was brought for him. I was prevented from taking food as it was scanty.

When he finished his dinner, he said to me: Give me my shoes. He then stood up and I also stood up with him. He said: Perhaps you have some business with me.

I said: Yes. Some people of Banu Salamah have sent me to you to ask you about Laylat al-Qadr. He asked: Which night: Is it tonight?

I said: Twenty-second. He said: This is the very night. He then withdrew and said: Or the following night, referring to the twenty-third night.

I heard the Messenger of Allah (saws) say: The witr is a duty, so he who does not observe it does not belong to us; the witr is a duty, so he who does not observe it does not belong to us; the witr is a duty, so he who does not observe it does not belong to us.

An Ansari girl was married and she became sick and all her hair fell out intending to provide her with false hair. They asked the Prophet who said, "Allah has cursed the lady who artificially lengthens (her or someone else's) hair and also the one who gets her hair lengthened."

Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."

The Prophet (saws) said: There are three types of people whose prayer is not accepted by Allah: One who goes in front of people when they do not like him; a man who comes dibaran, which means that he comes to it too late; and a man who takes into slavery an emancipated male or female slave.

That he had asked `Aisha about the meaning of 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." (4.3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4.127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

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."

The Prophet made a bond of brotherhood between Salman and Abu Ad-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 Salman. Salman requested Abu Ad- Darda' to eat (with him), but Abu Ad-Darda' said, "I am fasting." Salman said, "I am not going to eat unless you eat." So, Abu Ad-Darda' ate (with Salman). When it was night and (a part of the night passed), Abu Ad-Darda' got up (to offer the night prayer), but Salman told him to sleep and Abu Ad- Darda' slept. After sometime Abu Ad-Darda' again got up but Salman told him to sleep. When it was the last hours of the night, Salman told him to get up then, and both of them offered the prayer. Salman told Abu Ad-Darda', "Your Lord has a right on you, 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 has a right on you." Abu Ad- Darda' came to the Prophet and narrated the whole story. The Prophet said, "Salman has spoken the truth."

Yahya related to me from Malik from Muhammad ibn Amr ibn Halhala ad-Dili from Muhammad ibn lmran al-Ansari that his father said that Abdullah ibn Umar came upon him while he stopped for a rest under a tall tree on the road to Makka, and he said, "What has made you stop under this tall tree?" He replied that he sought it's shade. Abdullah ibn Umar said, "Anything besides that?" and he said, "No, that was the only. reason he stopped for a rest," and Abdullah ibn Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are between al-Akhshabayn (which are two mountains) near Mina,' indicating the east with his outspread hand, 'you will find a valley called as-Surar with a tree in it beneath which the umbilical cords of seventy prophets have been cut.' "

Yahya related to me from Malik that he had heard that this was said "Praise be to Allah who created everything as is necessary, who does not hasten anything He defers and determines. Allah is enough for me and sufficient. Allah hears whoever makes dua to him. Allah does not have a goal."

Abu Hurairah said “When the Prophet (saws) entered Makkah he left Al Zubair bin Al Awwam, Abu ‘Ubaidah bin Al Jarrah and Khalid bin Al Walid on the horses and he said “Abu Hurairah call the helpers.” He said”Go this way. Whoever appears before you kill him”. A man called “the Quraish will be no more after today.” The Apostle of Allaah(saws) said “he who entered house is safe, he who throws the weapon is safe. The chiefs of the Quraish intended (to have a resort in the Ka’bah), they entered the Ka’bah and it was full of them. The Prophet (saws) took rounds of Ka’bah and prayed behind the station. He then held the sides of the gate (of the Ka’bah). They (the people) came out and took the oath of allegiance (at the hands) of the Prophet (saws) on Islam.

Abu Dawud said “I heard Ahmad bin Hanbal (say) when he was asked by a man “Was Makkah captured by force?” He said “What harms you whatever it was? He said “Then by peace?” He said, No.

When `Abdullah bin Ubai bin Salul died, Allah's Apostle (p.b.u.h) was called upon to offer his funeral prayer. When Allah's Apostle stood up to offer the prayer, I got up quickly and said, "O Allah's Apostle! Are you going to pray for Ibn Ubai and he said so and so on such and such occasions?" And started mentioning all that he had said. Allah's Apostle smiled and said, "O `Umar! Go away from me." When I talked too much he said, "I have been given the choice and so I have chosen (to offer the prayer). Had I known that he would be forgiven by asking for Allah's forgiveness for more than seventy times, surely I would have done so." (`Umar added): Allah's Apostle offered his funeral prayer and returned and after a short while the two verses of Surat Bara' were revealed: i.e. "And never (O Muhammad) pray for any of them who dies . . . (to the end of the verse) rebellion (9.84)" -- (`Umar added), "Later I astonished at my daring before Allah's Apostle on that day. And Allah and His Apostle know better."