Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that 'Umar ibn al-Khattab decided about the woman who was married by a man and the marriage had been consummated, that the bride-price was obligatory.

'Ali (Allah be pleased with him) said to Ibn 'Abbas (Allah be pleased with them) that Allah's Messenger (may peace be upon him) on the Day of Khaibar forbade forever the contracting of temporary marriage and the eating of the flesh of domestic asses.

That he had married Um Yahya bint Abu Ihab. He said. "A black slave-lady came and said, 'I suckled you both.' I then mentioned that to the Prophet who turned his face aside." `Uqba further said, "I went to the other side and told the Prophet about it. He said, 'How can you (keep her as your wife) when the lady has said that she suckled both of you (i.e. you and your wife?)" So, the Prophet ordered him to divorce her.

(the wife of the Prophet) Abu Hudhaifa, one of those who fought the battle of Badr, with Allah's Apostle adopted Salim as his son and married his niece Hind bint Al-Wahd bin `Utba to him' and Salim was a freed slave of an Ansari woman. Allah's Apostle also adopted Zaid as his son. In the Prelslamic period of ignorance the custom was that, if one adopted a son, the people would call him by the name of the adopted-father whom he would inherit as well, till Allah revealed: "Call them (adopted sons) By (the names of) their fathers." (33.5)

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife.

Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother.

Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him."

Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab, Salim ibn Abdullah and Sulayman ibn Yasar were asked about whether someone in ihram could get married, and they said, "Some one in ihram may neither get married nor give some one in marriage."

Malik said that a man who was in ihram could return to his wife if he wanted to, if she was still in her idda after she had been divorced from him.

Regarding the Verse:--"They ask your instruction concerning the women. Say: Allah instructs you about them and yet whom you desire to marry." (4.127) (has been revealed regarding the case of) a man who has an orphan girl, and he is her guardian and her heir. The girl shares with him all his property, even a date-palm (garden), but he desires to marry her and dislikes to give her in marriage to somebody else who would share with him the property she is sharing with him, and for this reason that guardian prevents that orphan girl from marrying. So, this Verse was revealed.

Yahya related to me from Malik that he had heard Ibn Shihab say, "When a man who is terminally ill divorces his wife three times, she inherits from him."

Malik said, "If he divorces her while he is terminally ill before he has consummated the marriage, she has half of the bride-price and inherits, and she does not have to do an idda. If he consummated the marriage, she has all the dowry and inherits. The virgin and the previously married woman are the same in this situation according to us."

The Prophet said to Abu Talha, "Choose one of your boys to serve me." So Abu Talha took me (to serve the Prophet ) by giving me a ride behind him (on his camel). So I used to serve Allah's Apostle whenever he stayed somewhere. I used to hear him saying, "O Allah! I seek refuge with you (Allah) from (worries) care and grief, from incapacity and laziness, from miserliness and cowardice, from being heavily in debt and from being overpowered by other men." I kept on serving him till he returned from (the battle of) Khaibar. He then brought Safiya, the daughter of Huyay whom he had got (from the booty). I saw him making a kind of cushion with a cloak or a garment for her. He then let her ride behind him. When we reached a place called As-Sahba', he prepared (a special meal called) Hais, and asked me to invite the men who (came and) ate, and that was the marriage banquet given on the consummation of his marriage to her. Then he proceeded till the mountain of Uhud appeared, whereupon he said, "This mountain loves us and we love it." When he approached Medina, he said, "O Allah! I make the land between its (i.e., Medina's) two mountains a sanctuary, as the prophet Abraham made Mecca a sanctuary. O Allah! Bless them (the people of Medina) in their Mudd and the Sa' (units of measuring).

`Urwa said, "Aisha told me that Allah's Apostle used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives, Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya married Qariba and Abu Jahm married the other." When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if any of your wives have gone from you to the unbelievers and you have an accession (by the coming over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of what they had spent (on their Mahr)." (60.11) So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet requesting him to return Abu Basir.

Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah's Messenger (may peace be upon him) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint Qais.

Allah's Apostle (p.b.u.h) offered the Fajr prayer when it was still dark, then he rode and said, 'Allah Akbar! Khaibar is ruined. When we approach near to a nation, the most unfortunate is the morning of those who have been warned." The people came out into the streets saying, "Muhammad and his army." Allah's Apostle vanquished them by force and their warriors were killed; the children and women were taken as captives. Safiya was taken by Dihya Al-Kalbi and later she belonged to Allah's Apostle go who married her and her Mahr was her manumission.

The wife of Rifa`a Al-Qurazi came to the Prophet and said, "I was Rifa`a's wife, but he divorced me and it was a final irrevocable divorce. Then I married `Abdur-Rahman bin Az-Zubair but he is impotent." The Prophet asked her 'Do you want to remarry Rifa`a? You cannot unless you had a complete sexual relation with your present husband." Abu Bakr was sitting with Allah's Apostle and Khalid bin Sa`id bin Al-`As was at the door waiting to be admitted. He said, "O Abu Bakr! Do you hear what this (woman) is revealing frankly before the Prophet ?"

A man from the tribe of Bani Aslam came to the Prophet while he was in the mosque and said, "I have committed illegal sexual intercourse." The Prophet turned his face to the other side. The man turned towards the side towards which the Prophet had turned his face, and gave four witnesses against himself. On that the Prophet called him and said, "Are you insane?" (He added), "Are you married?" The man said, 'Yes." On that the Prophet ordered him to be stoned to the death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al- Harra and then killed

A man from the tribe of Aslam came to the Prophet and confessed that he had committed an illegal sexual intercourse. The Prophet turned his face away from him till the man bore witness against himself four times. The Prophet said to him, "Are you mad?" He said "No." He said, "Are you married?" He said, "Yes." Then the Prophet ordered that he be stoned to death, and he was stoned to death at the Musalla. When the stones troubled him, he fled, but he was caught and was stoned till he died. The Prophet spoke well of him and offered his funeral prayer.

`Umar said, "I am afraid that after a long time has passed, people may say, "We do not find the Verses of the Rajam (stoning to death) in the Holy Book," and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession." Sufyan added, "I have memorized this narration in this way." `Umar added, "Surely Allah's Apostle carried out the penalty of Rajam, and so did we after him."

That he visited Al-Hajjaj (bin Yusuf). Al-Hajjaj said, "O son of Al-Akwa`! You have turned on your heels (i.e., deserted Islam) by staying (in the desert) with the bedouins." Salama replied, "No, but Allah's Apostle allowed me to stay with the bedouin in the desert." Narrated Yazid bin Abi Ubaid: When `Uthman bin `Affan was killed (martyred), Salama bin Al-Akwa` went out to a place called Ar- Rabadha and married there and begot children, and he stayed there till a few nights before his death when he came to Medina.

Yahya related to me from Malik, from Da'ud ibn al-Husayn, that Abu Ghatafan ibn Tarif al-Murri told him that his father Tarif had married a woman while he was in ihram, and Umar ibn al-Khattab had rescinded the marriage.

Yahya related to me from Malik that he heard Ibn Shihab say that if a man said to his wife, "You are free of me, and I am free of you, " it counted as three pronouncements of divorce as if it were an 'irrevocable' divorce.

Malik said that if a man made any strong statement such as these to his wife, it counted as three pronouncements of divorce for a woman whose marriage had been consummated, or it was written as one of three for a woman whose marriage had not been consummated, whichever the man wished. If he said he intended only one divorce he swore to it and he became one of the suitors because, whereas a woman whose marriage had been consummated was made inaccessible by three pronouncements of divorce, the woman whose marriage had not been consummated was made inaccessible by only one pronouncement.

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

Malik said that a man who had committed fornication with a woman and the hadd-punishment had been applied to him for it, could marry that woman's daughter and his son could marry the woman herself if he wished. That was because he had haram relations with her, and the relations Allah had made haram were from the relations made in a halal manner or in a manner resembling marriage. Allah, the Blessed, the Exalted, said, "Do not marry the women your fathers have married. " (Sura 4 ayat 21)

Malik said, "If a man were to marry a woman in her idda-period in a halal marriage and have relations with her, it would be haram for his son to marry the woman. That is because the father married her in a halal manner, and the hadd-punishment would not have been applied to him. Any child who was born to him would be attached to him as the father. Just as it would be haram for the son to marry a woman whom his father had married in her idda-period and had relations with, so the woman's daughter would be haram for the father if he had had sexual relations with her."

The Prophet (saws) divorced Hafsah, but he took her back in marriage.