The Messenger of Allah (saws) made a decision about a man who had intercourse with his wife's slave-girl as follows. If he forced her, she is free, and he shall give her mistress a slave-girl similar to her; if she asked him to have intercourse voluntarily, she will belong to him, and he shall give her mistress a slave-girl similar to her.

Abu Dawud said: This tradition has been transmitted by Yunus b. 'Ubaid, 'Amr b. Dinar, Mansur b. Zadhan and Salam from al-Hasan to the same effect. But yunus and Mansur did not mention Qabisah.

Yahya related to me from Malik that he had heard that Urwa ibn az-Zubayr said about the child of lian and the child of fornication, that if they died, the mother inherited her right from them according to the Book of Allah, the Mighty, the Majestic! The siblings by the mother had their rights. The rest was inherited by the former masters of the mother if she was a freed slave. If she was a free woman by origin, she inherited her due and the siblings by the mother inherited their due, and the rest went to the Muslims.

Malik said, "I heard the same as that from Sulayman ibn Yasar."

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

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

One of the sons of Abu Talha became sick and died and Abu Talha at that time was not at home. When his wife saw that he was dead, she prepared him (washed and shrouded him) and placed him somewhere in the house. When Abu Talha came, he asked, "How is the boy?" She said, "The child is quiet and I hope he is in peace." Abu Talha thought that she had spoken the truth. Abu Talha passed the night and in the morning took a bath and when he intended to go out, she told him that his son had died, Abu Talha offered the (morning) prayer with the Prophet and informed the Prophet of what happened to them. Allah's Apostle said, "May Allah bless you concerning your night. (That is, may Allah bless you with good offspring)." Sufyan said, "One of the Ansar said, 'They (i.e. Abu Talha and his wife) had nine sons and all of them became reciters of the Qur'an (by heart).' "

Um Haram told me that the Prophet one day took a midday nap in her house. Then he woke up smiling. Um Haram asked, "O Allah's Apostle! What makes you smile?" He replied "I was astonished to see (in my dream) some people amongst my followers on a sea-voyage looking like kings on the thrones." She said, "O Allah's Apostle! Invoke Allah to make me one of them." He replied, "You are amongst them." He slept again and then woke up smiling and said the same as before twice or thrice. And she said, "O Allah's Apostle! Invoke Allah to make me one of them." And he said, "You are amongst the first batch." 'Ubada bin As-Samit married her (i.e. Um Haram) and then he took her for Jihad. When she returned, an animal was presented to her to ride, but she fell down and her neck was broken.

That he and Abu Talha came in the company of the Prophet and Safiya was accompanying the Prophet, who let her ride behind him on his she-camel. During the journey, the she-camel slipped and both the Prophet and (his) wife fell down. Abu Talha (the sub-narrator thinks that Anas said that Abu Talha jumped from his camel quickly) said, "O Allah's Apostle! May Allah sacrifice me for your sake! Did you get hurt?" The Prophet replied,"No, but take care of the lady." Abu Talha covered his face with his garment and proceeded towards her and covered her with his garment, and she got up. He then set right the condition of their she-camel and both of them (i.e. the Prophet and his wife) rode and proceeded till they approached Medina. The Prophet said, "We are returning with repentance and worshipping and praising our Lord." The Prophet kept on saying this statement till he entered Medina.

I heard `Ali saying, "Allah's Apostle sent me, Az-Zubair and Al-Miqdad somewhere saying, 'Proceed till you reach Rawdat Khakh. There you will find a lady with a letter. Take the letter from her.' " So, we set out and our horses ran at full pace till we got at Ar-Rawda where we found the lady and said (to her). "Take out the letter." She replied, "I have no letter with me." We said, "Either you take out the letter or else we will take off your clothes." So, she took it out of her braid. We brought the letter to Allah's Apostle and it contained a statement from Hatib bin Abi Balta a to some of the Meccan pagans informing them of some of the intentions of Allah's Apostle. Then Allah's Apostle said, "O Hatib! What is this?" Hatib replied, "O Allah's Apostle! Don't hasten to give your judgment about me. I was a man closely connected with the Quraish, but I did not belong to this tribe, while the other emigrants with you, had their relatives in Mecca who would protect their dependents and property . So, I wanted to recompense for my lacking blood relation to them by doing them a favor so that they might protect my dependents. I did this neither because of disbelief not apostasy nor out of preferring Kufr (disbelief) to Islam." Allah's Apostle, said, "Hatib has told you the truth." `Umar said, O Allah's Apostle! Allow me to chop off the head of this hypocrite." Allah's Apostle said, "Hatib participated in the battle of Badr, and who knows, perhaps Allah has already looked at the Badr warriors and said, 'Do whatever you like, for I have forgiven you."

That he heard Anas [bin Malik] saying: "The Messenger of Allah (saws) used to visit Umm Haram bint Milhan, who would offer him meals. Umm Haram was the wife of 'Ubadah bin As-Samit. Once the Messenger of Allah (saws) visited her and she provide him with some food and started inspecting this head for lice. Then the Messenger of Allah (saws) slept and afterwards he awoke smiling.

She said: 'I said: "What causes you to smile, O the Messenger of Allah (saws) ?" He said: "Some of my followers who were displayed before me )in a dream) as fighters in Allah's cause, riding on a ship this ocean who were kings upon thrones, or like kings upon thrones." I said: "O Messenger of Allah! Supplicate to Allah to make me among them.'" So he supplicated for her. Then he lay down his head to sleep. Then he woke up and he was smiling. She said: 'So I said to him: "What causes you to smile, O the Messenger of Allah (saws)?" He said: "Some of my followers who were displayed before me (in a dream) as fighters in Allah's cause," and he said similar to what he said earlier. She said: 'I said: "O Messenger of Allah! Supplicate to Allah to make me among them." He said: "You are the earlier ones.'" He said: "So Umm Haram rode on the sea during the time of Mu'awiyah bin Abu Sufyan. She was thrown from the riding animal after she arrived from the ocean voyage, and she died."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Umm Haram bint Milhan is the daughter of Umm Sulaim, the maternal aunt of Anas bin Malik.

The Messenger of Allah (saws) forbade that a man should put on sandals while standing.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used not to fast while travelling.

The prostration of Sa`d is not a compulsory one but I saw the Prophet prostrating while reciting it.

A man came to the Prophet (saws) and made acknowledgment before him that he had committed fornication with a woman whom he named. The Messenger of Allah (saws) sent someone to the woman and he asked her about it. She denied that she had committed fornication. So he gave him the prescribed punishment of lashes and left her.

that he heard Anas saying, "A woman came to the Prophet offering herself to him in marriage, saying, "Have you got any interest in me (i.e. would you like to marry me?)" Anas's daughter said, "How shameless that woman was!" On that Anas said, "She is better than you, for she presented herself to Allah's Apostle (for marriage).

Safiya bint (daughter of) Huyai came to the Prophet (in the mosque), and when she returned (home), the Prophet accompanied her. It happened that two men from the Ansar passed by them and the Prophet called them saying, "She is Safiya!" those two men said, "Subhan Allah!" The Prophet said, "Satan circulates in the human body as blood does."

Yahya related to me from Malik from Hisham ibn Urwa that Fatima bint al-Mundhir told him that she used to see Asma bint Abi Bakrat Muzdalifa telling whoever led the subh prayer for her and her companions to pray it as soon as the dawn broke, after which she would mount and go to Mina without stopping at all.

Ghalib quoted a man who stated on the authority of his father that his grandfather reported: They lived at one of the springs. When Islam reached them, the master of the spring offered his people one hundred camels if they embraced Islam. So they embraced Islam, and he distributed the camels among them. But it occurred to him that he should take the camels back from them.

He sent his son to the Prophet (saws) and said to him: Go to the Prophet (saws) and tell him: My father extends his greetings to you. He asked his people to give them one hundred camels if they embraced Islam, and they embraced Islam. He divided the camels among them. But it occurred to him then that he should withdraw his camels from them. Is he more entitled to them or we? If he says: Yes or no, then tell him: My father is an old man, and he is the chief of the people living at the water. He has requested you to make me chief after him.

He came to him and said: My father has extended his greetings to you. He replied: On you and you father be peace. He said: My father asked his people to give them one hundred camels if they embraced Islam. So they embraced Islam, and their belief in Islam is good. Then it occurred to him that he should take his camels back from them. Is he more entitled to them or are they?

He said: If he likes to give them the camels, he may give them; and if he likes to take them back, he is more entitled to them than his people. If they embraced Islam, then for them is their Islam. If they do not embrace Islam, they will be fought against in the cause of Islam.

He said: My father is an old man; he is the chief of the people living at the spring. He has asked you to appoint me chief after him.

He replied: The office of a chief is necessary, for people must have chiefs, but the chiefs will go to Hell.

Yahya related to me from Malik from Nafic from Abdullah ibn Umar that a man cursed his wife in the time of the Messenger of Allah, may Allah bless him and grant him peace, and disowned her child. The Messenger of Allah, may Allah bless him and grant him peace, separated them and gave the child to the woman.

Malik said, "Allah the Blessed, the Exalted, said, 'The testimony of men who accuse their wives but do not have any witnesses except themselves is to testify by Allah four times that he is being truthful, and a fifth time, that the curse of Allah will be upon him, if he should be a liar. She will avoid punishment if she testifies by Allah four times that he is a liar, and a fifth time, that the wrath of Allah shall be upon her, if he should be telling the truth. ' "(Sura 24 ayat 6).

Malik said, "The sunna with us is that those who curse each other are never to be remarried. If the man calls himself a liar, (i.e. takes back his accusation), he is flogged with the hadd-punishment, and the child is given to him, and his wife can never return to him. There is no doubt or dispute about this sunna among us. "

Malik said, "If a man separates from his wife by an irrevocable divorce by which he cannot return to her, and then he denies the paternity of the child she is carrying, whilst she claims that he is the father, and it is possible by the timing, that he be so, he must curse her, and the child is not recognised as his."

Malik said, "That is what is done among us, and it is what I have heard from the people of knowledge."

Malik said that a man who accused his wife after he had divorced her trebly while she was pregnant, and he had at first accepted being the father but then claimed that he had seen her committing adultery before he separated from her, was flogged with the hadd-punishment, and did not curse her.

If he denied the paternity of her child after he had divorced her trebly, and he had not previously accepted it, then he cursed her.

Malik said, "This is what I have heard."

Malik said, "The slave is in the same position as the free man as regards making accusations and invoking mutual curses (lian). He acts in the lian as the free man acts although there is no hadd applied for slandering a female-slave."

Malik said, "The muslim slave-girl and the christian and jewish free woman also do lian when a free muslim marries one of them and has intercourse with her. That is because Allah - may He be blessed and Exalted, said in His Book, 'As for those who accuse their wives,' and they are their wives. This is what is done among us.

Malik said that a man who did the lian with his wife, and then stopped and called himself a liar after one or two oaths and he had not cursed himself in the fifth one, had to be flogged with the hadd-punishment, but they did not have to be separated.

Malik said that if a man divorced his wife and then after three months the woman said, "I am pregnant," and he denied paternity, then he had to do lian.

Malik said that the husband of a female slave who pronounced the lian on her and then bought her, was not to have intercourse with her, even if he owned her. The sunna which had been handed down about a couple who mutually cursed each other in the lian was that they were never to return to each other.

Malik said that when a man pronounced the lian against his wife before he had consummated the marriage, she only had half of the bride price.

While we were sitting with Allah's Apostle, (he) Allah's Apostle said, "While I was sleeping, I saw a woman performing ablution beside a palace. I asked, "Whose palace is this?' It was said, 'This palace belongs to `Umar.' Then I remembered his sense of Ghira and returned." On that `Umar started weeping in that gathering and said, "O Allah's Apostle! How dare I think of my self-respect being offended by you?"

Yahya related to me from Malik from Nafi that Abdullah ibn Umar shrouded his son Waqid ibn Abdullah, who had died at al-Juhfa while in ihram, and he veiled his head and face and said, "If we had not been in ihram we would have perfumed him. "

Malik said, "A man can only do things while he is alive. When he is dead, his actions stop."

A man came to the Prophet while he was delivering the sermon and asked him how to offer the night prayers. The Prophet replied, 'Pray two rak`at at a time and then two and then two and so on and if you are afraid of dawn (the approach of the time of the Fajr prayer) pray one rak`a and that will be the witr for all the rak`at which you have prayed." Narrated 'Ubaidullah bin `Abdullah bin `Umar: A man called the Prophet while he was in the mosque.

My father died and left seven or nine girls and I married a matron. Allah's Apostle said to me, "O Jabir! Have you married?" I said, "Yes." He said, "A virgin or a matron?" I replied, "A matron." he said, "Why not a virgin, so that you might play with her and she with you, and you might amuse her and she amuse you." I said, " `Abdullah (my father) died and left girls, and I dislike to marry a girl like them, so I married a lady (matron) so that she may look after them." On that he said, "May Allah bless you," or "That is good."

Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother's wala' if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the Muslims.

Malik said,"I heard the same as that from Sulayman ibn Yasar, and it is what I saw the people of knowledge in our city doing."

The Messenger of Allah (saws) announced an expedition, and I was a very old man and I had no servant. I, therefore, sought a hireling who would serve instead of me, and I would give him his portion. So I found a man. When the time of departure arrived, he came to me and said: I do not know what would be the portions, and how much would be my portion. So offer something (as wages) to me, whether there would be any portion or not. I offered three dinars (as his wages) for him. When some booty arrived, I wanted to offer him his portion. But I remembered the dinars, so I went to the Prophet (saws) and mentioned the matter to him. He said: All I can find for him regarding this expedition of his in this world and the next is three dinars which were offered him.

Abu Dawud said : this tradition has also been transmitted by Abu sa’id through a different chain of narrators to the same effect. A man has narrated in this version from Ibn-Ulayyah one sa’ of wheat. But this version is not guarded.

Once a man was driving two Nadihas (camels used for agricultural purposes) and night had fallen. He found Mu`adh praying so he made his camel kneel and joined Mu`adh in the prayer. The latter recited Surat 'Al-Baqara" or Surat "An-Nisa", (so) the man left the prayer and went away. When he came to know that Mu`adh had criticized him, he went to the Prophet, and complained against Mu`adh. The Prophet said thrice, "O Mu`adh ! Are you putting the people to trial?" It would have been better if you had recited "Sabbih Isma Rabbika-l-A`la (87)", Wash-shamsi wa duhaha (91)", or "Wal-laili idha yaghsha (92)", for the old, the weak and the needy pray behind you." Jabir said that Mu`adh recited Sura Al-Baqara in the `Isha' prayer.

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.

The Messenger of Allah (saws) intended to perform hajj.

A woman said to her husband: Let me perform hajj along with the Messenger of Allah (saws).

He said: I have nothing on which I can let you perform hajj. She said: You may perform hajj on your such-and-such camel. He said: That is dedicated to the cause of Allah, the Exalted. He then came to the Messenger of Allah (saws) and said: My wife has conveyed her greetings and the blessings of Allah to you. She has asked about performing hajj along with you. She said (to me): Let me perform hajj with the Messenger of Allah (saws). I said (to her): I have nothing upon which I can let you perform hajj. She said: Let me perform hajj on your such-and-such camel. I said: That is dedicated to the cause of Allah, The Exalted.

He replied: If you let her perform hajj on it, that would be in the cause of Allah.

He said: She has also requested me to ask you: What is that action which is equivalent to performing hajj with you?

The Messenger of Allah (saws) said: Convey my greetings, the mercy of Allah and His blessings to her and tell her that umrah during Ramadan is equivalent to performing hajj along with me.

She said: The Messenger of Allah (saws) replied: Yes. She said: I came out, and when I was in the apartment or in the mosque, he called for me, or he commanded (someone to call me) and, therefore, I was called.

He said: what did you say? So I repeated my story which I had already mentioned about my husband. Thereupon he said: Stay in your house till the term lapses. She said:

So I passed my waiting period in it (her house) for four months and ten days. When Uthman ibn Affan became caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly.

Allah's Apostle said, "I do not take my meals while leaning (against something).

The Prophet came to visit me (while I was sick) and he was riding neither a mule, nor a horse.

The Prophet slaughtered two rams as sacrifice and mentioned Allah's Name and said, "Allahu-Akbar" while slaughtering).

`Abdullah bin `Umar said: I used to sleep in the mosque of the Prophet while I was young and unmarried.