Barirah was emancipated, and she was the wife of Mughith, a slave of Aal AbuAhmad. The Messenger of Allah (saws) gave her choice, and said to her: If he has intercourse with you, then there is no choice for you.

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."

The Prophet (saws) said: The greatest day in Allah's sight is the day of sacrifice and next the day of resting which Isa said on the authority of Thawr is the second day. Five or six sacrificial camels were brought to the Messenger of Allah (saws) and they began to draw near to see which he would sacrifice first. When they fell down dead, he said something in a low voice, which I could not catch. So I asked: What did he say? He was told that he had said: Anyone who wants can cut off a piece.

Salih bin Muhammad said “We went out on an expedition with Al Walid bin Hisham and Salim bin ‘Abd Allaah bin ‘Umat and ‘Umar bin ‘Abd Al Aziz were with us. A man had been dishonest about booty. Al Walid ordered to burn his property and it was circulated (among the people). He did not give him his share.

Abu Dawud said “This is sounder of the two traditions. Others narrated that Al Walid bin Hashim burnt the Camel saddle of Ziyad bin Sa’d “He had been dishonest about booty and he beat him.”

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

We went out with Allah's Apostle to Khaibar and we travelled during the night. A man amongst the people said to 'Amir bin Al-Aqwa', "Won't you let us hear your poetry?" 'Amir was a poet, and so he got down and started (chanting Huda) reciting for the people, poetry that keep pace with the camel's foot steps, saying, "O Allah! Without You we would not have been guided on the right path, neither would we have given in charity, nor would we have prayed. So please forgive us what we have committed. Let all of us be sacrificed for Your cause and when we meet our enemy, make our feet firm and bestow peace and calmness on us and if they (our enemy) will call us towards an unjust thing we will refuse. The infidels have made a hue and cry to ask others help against us. Allah's Apostle said, "Who is that driver (of the camels)?" They said, "He is 'Amir bin Al-Aqwa."' He said, "May Allah bestow His mercy on him." A man among the people said, Has Martyrdom been granted to him, O Allah's Prophet! Would that you let us enjoy his company longer." We reached (the people of) Khaibar and besieged them till we were stricken with severe hunger but Allah helped the Muslims conquer Khaibar. In the evening of its conquest the people made many fires. Allah's Apostle asked, "What are those fires? For what are you making fires?" They said, "For cooking meat." He asked, "What kind of meat?" They said, "Donkeys' meat." Allah's Apostle said, "Throw away the meat and break the cooking pots." A man said, O Allah's Apostle! Shall we throw away the meat and wash the cooking pots?" He said, "You can do that too." When the army files aligned in rows (for the battle), 'Amir's sword was a short one, and while attacking a Jew with it in order to hit him, the sharp edge of the sword turned back and hit 'Amir's knee and caused him to die. When the Muslims returned (from the battle), Salama said, Allah's Apostle saw me pale and said, 'What is wrong with you?"' I said, "Let my parents be sacrificed for you! The people claim that all the deeds of Amir have been annulled." The Prophet asked, "Who said so?" I replied, "So-and-so and soand- so and Usaid bin Al-Hudair Al-Ansari said, 'Whoever says so is telling a lie. Verily, 'Amir will have double reward."' (While speaking) the Prophet put two of his fingers together to indicate that, and added, "He was really a hard-working man and a Mujahid (devout fighter in Allah's Cause) and rarely have there lived in it (i.e., Medina or the battle-field) an "Arab like him."

108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''

Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

Malik said, "The best of what is heard about a slave-girl whom a man has intercourse with while he has a partner in her is that the hadd is not inflicted on him and the child is connected to him. When the slave-girl becomes pregnant, her value is estimated and he gives his partners their shares of the price and the slave-girl is his. That is what is done among us."

Malik said about a man who made his slave-girl halal to a man that if the one for whom she was made halal had intercourse with her, her value was estimated on the day he had intercourse with her and he owed that to her owner whether or not she conceived. The hadd was averted from him by that. If she conceived the child was connected to him.

Malik said about a man who had intercourse with his son's or daughter's slave-girl, "The hadd is averted from him and he owes the estimated value of the slave-girl whether or not she conceives."

Khalid said: AbuZiyad Khiyar ibn Salamah asked Aisha about onions. She replied: The last food which the Messenger of Allah (saws) ate was some which contained onions.

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.

(the son of Muhib) An Egyptian who came and performed the Hajj to the Ka`ba saw some people sitting. He enquire, "Who are these people?" Somebody said, "They are the tribe of Quraish." He said, "Who is the old man sitting amongst them?" The people replied, "He is `Abdullah bin `Umar." He said, "O Ibn `Umar! I want to ask you about something; please tell me about it. Do you know that `Uthman fled away on the day (of the battle) of Uhud?" Ibn `Umar said, "Yes." The (Egyptian) man said, "Do you know that `Uthman was absent on the day (of the battle) of Badr and did not join it?" Ibn `Umar said, "Yes." The man said, "Do you know that he failed to attend the Ar Ridwan pledge and did not witness it (i.e. Hudaibiya pledge of allegiance)?" Ibn `Umar said, "Yes." The man said, "Allahu Akbar!" Ibn `Umar said, "Let me explain to you (all these three things). As for his flight on the day of Uhud, I testify that Allah has excused him and forgiven him; and as for his absence from the battle of Badr, it was due to the fact that the daughter of Allah's Apostle was his wife and she was sick then. Allah's Apostle said to him, "You will receive the same reward and share (of the booty) as anyone of those who participated in the battle of Badr (if you stay with her).' As for his absence from the Ar-Ridwan pledge of allegiance, had there been any person in Mecca more respectable than `Uthman (to be sent as a representative). Allah's Apostle would have sent him instead of him. No doubt, Allah's Apostle had sent him, and the incident of the Ar-Ridwan pledge of Allegiance happened after `Uthman had gone to Mecca. Allah's Apostle held out his right hand saying, 'This is `Uthman's hand.' He stroke his (other) hand with it saying, 'This (pledge of allegiance) is on the behalf of `Uthman.' Then Ibn `Umar said to the man, 'Bear (these) excuses in mind with you.'

Yahya related to me from Malik that Humayd ibn Oays al-Makki told him, "I was with Mujahid while he was performing tawaf around the Kaba, and a man came to him and asked whether the days (of fasting) for kaffara had to be fasted consecutively, or could they be split up. I said to him, 'Yes, they can be split up, if the person so wishes.' Mujahid said, 'He should not split them up, because in Ubayy ibn Kab's recitation they are referred to as three consecutive days.' "

Malik said, "What I like most is what Allah has specified in the Qur'an, that is, that they are fasted consecutively."

Malik was asked about a woman who began the day fasting in Ramadan and though it was outside of the time of her period, fresh blood (i.e. not menstrual blood) flowed from her. She then waited until evening to see the same, but did not see anything.Then, on the next day in the morning she had anotherflow, though less than the first. Then, some days before her period, the flow stopped completely. Malik was asked what she should do about her fasting and prayer, and he said, "This blood is like menstrual blood. When she sees it she should break her fast, and then make up the days she has missed. Then, when the blood has completely stopped, she should do ghusl and fast."

Malik was asked whether someone who became muslim on the last day of Ramadan had to make up all of Ramadan or whether he just had to make up the day when he became muslim, and he said, "He does not have to make up any of the days that have passed. He begins fasting from that day onwards. What I like most is that he makes up the day on which he became muslim."

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.

My husband, Aws ibn as-Samit, pronounced the words: You are like my mother. So I came to the Messenger of Allah (saws), complaining to him about my husband.

The Messenger of Allah (saws) disputed with me and said: Remain dutiful to Allah; he is your cousin.

I continued (complaining) until the Qur'anic verse came down: "Certainly has Allah heard the speech of the one who argues with you, [O Muhammad], concerning her husband..." [58:1] till the prescription of expiation.

He then said: He should set free a slave. She said: He cannot afford it. He said: He should fast for two consecutive months. She said: Messenger of Allah, he is an old man; he cannot keep fasts. He said: He should feed sixty poor people. She said: He has nothing which he may give in alms. At that moment an araq (i.e. date-basket holding fifteen or sixteen sa's) was brought to him.

I said: I shall help him with another date-basked ('araq). He said: You have done well. Go and feed sixty poor people on his behalf, and return to your cousin. The narrator said: An araq holds sixty sa's of dates.

Abu Dawud said: She atoned on his behalf without seeking his permission.

Abu Dawud said: This man (Aws b. al-Samit) is the brother of 'Ubadah b. al-Samit.

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.