I asked Ibn `Umar, "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn `Umar said, "The Prophet separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: `Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her; and if you have told a lie, you are less rightful to have your money back.' ")

Anas bin Malik said, "The Prophet took Safiya as a captive. He manumitted her and married her." Thabit asked Anas, "What did he give her as Mahr (i.e. marriage gift)?" Anas replied. "Her Mahr was herself, for he manumitted her."

Allah's Apostle went to the daughter of Milhan and reclined there (and slept) and then (woke up) smiling. She asked, "O Allah's Apostle! What makes you smile?" He replied, (I dreamt that) some people amongst my followers were sailing on the green sea in Allah's Cause, resembling kings on thrones." She said, "O Allah's Apostle! Invoke Allah to make me one of them." He said, "O Allah! Let her be one of them." Then he (slept again and woke up and) smiled. She asked him the same question and he gave the same reply. She said, "Invoke Allah to make me one of them." He replied, ''You will be amongst the first group of them; you will not be amongst the last." Later on she married 'Ubada bin As-Samit and then she sailed on the sea with bint Qaraza, Mu'awiya's wife (for Jihad). On her return, she mounted her riding animal, which threw her down breaking her neck, and she died on falling down.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah and Sulayman ibn Yasar said about the virgin given by her father in marriage without her permission, "That is binding on her."

Malik related to me that Yahya ibn Said said that he heard al- Qasim ibn Muhammad say, "A woman of the Ansar was married to Umar ibn al-Khattab. She bore Asim ibn Umar to him, and then he separated from her. Umar came to Quba and found his son Asim playing in the courtyard of the mosque. He took him by the arm and placed him before him on his mount. The grandmother of the child saw him and argued with Umar about the child so they went to Abu Bakr as-Siddiq. Umar said, 'My son.' The woman said, 'My son.' Abu Bakr said, 'Do not interfere between a child and its mother.' Umar did not repeat his words."

Yahya said that he heard Malik say, "This is what I would have done in that situation."

The Prophet said, "A matron should not be given in marriage except after consulting her; and a virgin should not be given in marriage except after her permission." The people asked, "O Allah's Apostle! How can we know her permission?" He said, "Her silence (indicates her permission).

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "A woman is only married with the consent of her guardian, someone of her family with sound judgement or the Sultan.

(regarding) the Verse: 'And if you fear that you shall not be able to deal justly with the orphans...' (4.3) It is about the orphan girl who is in the custody of a man who is her guardian, and he intends to marry her because of her wealth, but he treats her badly and does not manage her property fairly and honestly. Such a man should marry women of his liking other than her, two or three or four. 'Prohibited to you (for marriage) are: ...your foster-mothers (who suckled you).' (4.23) Marriage is prohibited between persons having a foster suckling relationship corresponding to a blood relationship which renders marriage unlawful.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, umm al-muminin, proposed to Qurayba bint Abi Umayya on behalf of Abd ar-Rahman ibn Abi Bakr. They married her to him and her people found fault with Abd ar-Rahman and said, "We only gave in marriage because of A'isha." A'isha therefore sent for Abd ar-Rahman and told him about it. He gave Qurayba authority over herself and she chose her husband and so there was no divorce.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "It is forbidden to be married to a woman and her paternal or maternal aunt at the same time, and for a man to have intercourse with a female slave who is carrying another man's child."

We went out with the Messenger of Allah (saws) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (saws) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: "Allah (thus) directs you as regards your children's (inheritance)." Messenger of Allah (saws) said: Call to me the woman and her husband's brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.

Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa'd b. al-Rabi' for Thabit b. Qais was killed in the battle of Yamamah.

The daughter of Abi Umaiyya, was the wife of 'Umar bin Al-Khattab. 'Umar divorced her and then Mu'awiyya bin Abi Sufyan married her. Similarly, Um Al-Hakam, the daughter of Abi Sufyan was the wife of 'Iyad bin Ghanm Al-Fihri. He divorced her and then 'Abdullah bin 'Uthman Al-Thaqafi married her.

A man committed fornication with a woman. So the Messenger of Allah (saws) ordered regarding him and the prescribed punishment of flogging was inflicted on him. He was then informed that he was married. So he commanded regarding him and he was stoned to death.

Abu Dawud said: This tradition has been transmitted by Muhammad b. Bakr al-Barsani from Ibn Juraij as a statement of Jabir, and Abu 'Asim has transmitted it from Ibn Juraid similar to that of Ibn Wahb. He did not mention the Prophet (saws). But he said: A man committed fornication, but did not know that he was married ; so he was flogged. It was then known that he was married, so he was stoned to death.

Yahya related to me from Malik from Ibn Shihab from Abu Abd ar- Rahman that Zayd ibn Thabit said that if a man divorced his slave-girl three times and then bought her, she was not halal for him until she had married another husband.

The Prophet got married while he was in the state of Ihram.

When the time of the Battle of Uhud approached, my father called me at night and said, "I think that I will be the first amongst the companions of the Prophet to be martyred. I do not leave anyone after me dearer to me than you, except Allah's Apostle's soul and I owe some debt and you should repay it and treat your sisters favorably (nicely and politely)." So in the morning he was the first to be martyred and was buried along with another (martyr). I did not like to leave him with the other (martyr) so I took him out of the grave after six months of his burial and he was in the same condition as he was on the day of burial, except a slight change near his ear.

I heard Allah's Apostle who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to `Ali bin Abu Talib, but I don't give permission, and will not give permission unless `Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me."

Yahya related to me from Malik from Said ibn Amr ibn Sulaym az- Zuraqi that he asked al-Qasim ibn Muhammad about a man who made divorce conditional on his marrying a woman i.e. if he married her he would automatically divorce her. Al-Qasim ibn Muhammad said, "If a man marries a woman whom he has made as his mother's back, i.e. has made haram for him, Umar ibn al-Khattab ordered him not to go near her if he married her until he had done the kaffara for pronouncing dhihar."

A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet was asked if she could legally marry the first husband (or not). The Prophet replied, "No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done."

A woman from the offspring of Ja`far was afraid lest her guardian marry her (to somebody) against her will. So she sent for two elderly men from the Ansar, `AbdurRahman and Mujammi', the two sons of Jariya, and they said to her, "Don't be afraid, for Khansa' bint Khidam was given by her father in marriage against her will, then the Prophet cancelled that marriage." (See Hadith No. 78)

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said "One cannot be married to a woman and her paternal aunt, or a woman and her maternal aunt at the same time."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

Masruq said on the authority of Abdullah ibn Mas'ud: Abdullah (ibn Mas'ud ) was asked about a man who had married a woman without cohabiting with her or fixing any dower for her till he died. Ibn Mas'ud said: She should receive the full dower (as given to women of her class), observe the waiting period ('Iddah), and have her share of inheritance. Thereupon Ma'qil ibn Sinan said: I heard the Messenger of Allah (saws) giving the same decision regarding Birwa' daughter of Washiq (as the decision you have given).

Sabra b. Ma'bad reported that Allah's Apostle (may peace be upon him) permitted his Companions to contract temporary marriage with women in the Year of Victory. So I and a friend of mine from Banu Sulaim went out, until we found a young woman of Banu Amir who was like a young she-camel having a long neck. We proposed to her for contracting temporary marriage with us, and presented to her our cloaks (as dower). She began to look and found me more handsome than my friend, but found the cloak of my friend more beautiful than my cloak. She thought in her mind for a while, but then preferred me to my friend. So I remained with her for three (nights), and then Allah's Messenger (may peace be upon him) commanded us to part with them (such women).

The Prophet (saws) said: Consult women about (the marriage of) their daughters.

Anas b. Malik reported that 'Abd al-Rahman married a woman for a datestone weight of gold.

A man passed by Allah's Apostle and Allah s Apostle asked (his companions) "What do you say about this (man)?" They replied "If he asks for a lady's hand, he ought to be given her in marriage; and if he intercedes (for someone) his intercessor should be accepted; and if he speaks, he should be listened to." Allah's Apostle kept silent, and then a man from among the poor Muslims passed by, an Allah's Apostle asked (them) "What do you say about this man?" They replied, "If he asks for a lady's hand in marriage he does not deserve to be married, and he intercedes (for someone), his intercession should not be accepted; And if he speaks, he should not be listened to.' Allah's Apostle said, "This poor man is better than so many of the first as filling the earth.'

Yahya related to me from Malik from Nafi that the daughter of Ubaydullah ibn Umar whose mother was the daughter of Zayd ibn al- Khattab, married the son of Abdullah ibn Umar. He died and had not yet consummated the marriage or specified her bride-price. Her mother wanted the bride-price, and Abdullah ibn Umar said, "She is not entitled to a bride-price. Had she been entitled to a bride-price, we would not have kept it and we would not do her an injustice. "The mother refused to accept that. Zayd ibn Thabit was brought to adjudicate between them and he decided that she had no bride-price, but that she did inherit.

Yahya related to me from Malik from Yahya ibn Said that Zayd ibn Thabit asked whether it was halal for a man who married a woman and then separated from her before he had cohabited with her, to marry her mother. Zayd ibn Thabit said, "No. The mother is prohibited unconditionally. There are conditions, however about foster-mothers."

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four months or less than that, I do not think that it is ila because when the term enters into it at which it stops, he comes out of his oath and he does not have to declare his intention."

Malik said, "If someone vows to his wife not to have intercourse with her until her child has been weaned, that is not ila. I have heard that Ali ibn Abi Talib was asked about that and he did not think that it was ila."

Allah's Apostle forbade that a woman should be married to man along with her paternal or maternal aunt.

Ma'qil gave his sister in marriage and later her husband divorced her once.

Allah's Apostle prohibited Al-Mut'a marriage and the eating of donkey's meat in the year of the Khaibar battle.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that somebody asked a man for his sister in marriage and the man mentioned that she had committed fornication. Umar ibn al-Khattab heard about it and he beat the man or almost beat him, and said, "What did you mean by giving him such information?"

Yahya related to me from Malik that he had heard that a man asked al-Qasim ibn Muhammad and Sulayman ibn Yasar about a man who pronounced dhihar from his wife before he had married her. They said, "If he marries her, he must not touch her until he has done the kaffara for pronouncing dhihar."

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

Yahya related to me from Malik from al-Miswar ibn Rifaa al- Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibn Simwal divorced his wife, Tamima bint Wahb, in the time of the Messenger of Allah, may Allah bless him and grant him peace, three times. Then she married Abd ar-Rahman ibn az-Zubayr and he turned from her and could not consummate the marriage and so he parted from her. Rifaa wanted to marry her again and it was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he forbade him to marry her. He said, "She is not halal for you until she has tasted the sweetness of intercourse."