'Asim reported from Abu Razin on the authority of Ibn 'Abbas saying:
Abu Dawud said: 'Ata is also so. Al Hakam said: I think he should be flogged, but the number should not reach the one of the prescribed punishment. Al-Hasan said: He is like a fornicator.
Abu Dawud said: THe tradition of 'Asim proves the tradition of 'Amr b. Abi 'Amr as weak.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 4465 |
| In-book reference | : Book 40, Hadith 115 |
| English translation | : Book 39, Hadith 4450 |
| Sunnah.com reference | : Book 10, Hadith 8 |
| English translation | : Book 10, Hadith 1251 |
| Arabic reference | : Book 10, Hadith 1212 |
| Sunnah.com reference | : Book 16, Hadith 23 |
| English translation | : Book 16, Hadith 1502 |
| Arabic reference | : Book 16, Hadith 1459 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1202 |
| In-book reference | : Book 13, Hadith 29 |
| English translation | : Vol. 2, Book 8, Hadith 1202 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3178 |
| In-book reference | : Book 47, Hadith 230 |
| English translation | : Vol. 5, Book 44, Hadith 3178 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 978 |
| In-book reference | : Book 4, Hadith 400 |
| Sunnah.com reference | : Book 9, Hadith 2 |
| English translation | : Book 9, Hadith 1200 |
| Arabic reference | : Book 9, Hadith 1170 |
| Sunnah.com reference | : Book 10, Hadith 20 |
| English translation | : Book 10, Hadith 1263 |
| Arabic reference | : Book 10, Hadith 1224 |
| Reference | : Al-Adab Al-Mufrad 30 |
| In-book reference | : Book 1, Hadith 30 |
| English translation | : Book 1, Hadith 30 |
| Sunnah.com reference | : Book 10, Hadith 6 |
| English translation | : Book 10, Hadith 1249 |
| Arabic reference | : Book 10, Hadith 1210 |
| Sunnah.com reference | : Book 10, Hadith 11 |
| English translation | : Book 10, Hadith 1254 |
| Arabic reference | : Book 10, Hadith 1215 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 2007 |
| In-book reference | : Book 9, Hadith 163 |
| English translation | : Vol. 3, Book 9, Hadith 2007 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 2067 |
| In-book reference | : Book 10, Hadith 52 |
| English translation | : Vol. 3, Book 10, Hadith 2067 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan an-Nasa'i 3484 |
| In-book reference | : Book 27, Hadith 96 |
| English translation | : Vol. 4, Book 27, Hadith 3514 |
'Abdullah b. Samit reported that Abu Dharr said:
| Reference | : Sahih Muslim 2473a |
| In-book reference | : Book 44, Hadith 189 |
| USC-MSA web (English) reference | : Book 31, Hadith 6046 |
| (deprecated numbering scheme) |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2121 |
| In-book reference | : Book 30, Hadith 6 |
| English translation | : Vol. 4, Book 4, Hadith 2121 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3320 |
| In-book reference | : Book 13, Hadith 234 |
رَوَاهُ مُسْلِم ٌ 1 .
| Sunnah.com reference | : Book 8, Hadith 151 |
| English translation | : Book 8, Hadith 1105 |
| Arabic reference | : Book 8, Hadith 1094 |
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.
| USC-MSA web (English) reference | : Book 29, Hadith 35 |
| Arabic reference | : Book 29, Hadith 1192 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3312 |
| In-book reference | : Book 13, Hadith 226 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 886 |
| In-book reference | : Book 4, Hadith 310 |
That the Messenger of Allah (saws) said: "The earnings of the cupper is filth, the earnings of the fornicator (from harlotry) is filth, and the price of a dog is filth."
[He said:] There are narrations on this topic from 'Umar, 'Ali, Ibn Mas'ud, Abu Masu'd, Jabir, Abu Hurairah, Ibn 'Abbas, Ibn 'Umar, and 'Abdullah bin Ja'far.
[Abu 'Eisa said:] The Hadith is Rafi' is a Hasan Sahih Hadith. This is acted upon according to most of the people of knowledge, they disliked the price of a dog. This the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge permitted the price of the hunting dog.
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1275 |
| In-book reference | : Book 14, Hadith 77 |
| English translation | : Vol. 1, Book 12, Hadith 1275 |
| Reference | : Al-Adab Al-Mufrad 803 |
| In-book reference | : Book 33, Hadith 50 |
| English translation | : Book 33, Hadith 803 |
| Sunnah.com reference | : Book 8, Hadith 187 |
| English translation | : Book 8, Hadith 1134 |
| Arabic reference | : Book 8, Hadith 1123 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2120 |
| In-book reference | : Book 30, Hadith 5 |
| English translation | : Vol. 4, Book 4, Hadith 2120 |
| Sunnah.com reference | : Book 8, Hadith 26 |
| English translation | : Book 8, Hadith 997 |
| Arabic reference | : Book 8, Hadith 990 |
| Grade: | Da'if (Darussalam) because Rabah is unknown] (Darussalam) |
| Reference | : Musnad Ahmad 467 |
| In-book reference | : Book 4, Hadith 61 |
[Muslim].
| Reference | : Riyad as-Salihin 1808 |
| In-book reference | : Book 18, Hadith 1 |
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 |
It was narrated from Rabah... he mentioned a similar hadeeth. He said: I took them to Ameer al-Mu`mineen `Uthman bin `Affan {رضي الله عنه}, who said: The Messenger of Allah (ﷺ) ruled that the child be attributed to (the husband of the woman... and he mentioned a similar report
[حَدَّثَنَا عَبْداللَّه] حَدَّثَنَا شَيْبَانُ أَبُو مُحَمَّدٍ حَدَّثَنَا مَهْدِيُّ بْنُ مَيْمُونٍ حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ أَبِي يَعْقُوبَ عَنِ الْحَسَنِ بْنِ سَعْدٍ عَنْ رَبَاحٍ فَذَكَرَ الْحَدِيثَ قَالَ فَرَفَعْتُهُمَا إِلَى ...
| Grade: | Da'if (Darussalam) [ because Rabah is unknown] Da\'if and it is a repeat of the previous report] (Darussalam) |
| Reference | : Musnad Ahmad 416, 417 |
| In-book reference | : Book 4, Hadith 17 |
| Grade: | Sahih (Darussalam) [ al-Bukhari (2462) and Muslim (1691). (Darussalam) |
| Reference | : Musnad Ahmad 391 |
| In-book reference | : Book 3, Hadith 1 |
| Reference | : Mishkat al-Masabih 4621 |
| In-book reference | : Book 24, Hadith 14 |
| Grade: | Sahih (Darussalam) |
| Reference | : Sunan Ibn Majah 4075 |
| In-book reference | : Book 36, Hadith 150 |
| English translation | : Vol. 5, Book 36, Hadith 4075 |