It is not good that you people have made us (women) equal to dogs and donkeys. No doubt I saw Allah's Apostle praying while I used to lie between him and the Qibla and when he wanted to prostrate, he pushed my legs and I withdrew them.

Um 'Atiyya said: "Our Prophet ordered us to come out (on `Id day) with the mature girls and the virgins staying in seclusion." Hafsa narrated the above mentioned Hadith and added, "The mature girls or virgins staying in seclusion but the menstruating women had to keep away from the Musalla."

The Prophet (saws) said: Saying Tasbih applies to men during prayer and clapping applies to women. Anyone who makes a sign during his prayer, a sign which is intelligible by implication, should repeat it (i.e. his prayer).

(AbuDawud commented on the Hadith saying, this is a result of confusion.)

Umm Sharik reported that she consulted Allah's Apostle (may peace be upon him) in regard to killing of geckos, and he commanded to kill them and Umm Sharik is one of the women of Bani 'Amir b. Luwayy. This hadith has been reported through another chain of transmitters with the same meaning.

Abu Dawud said: It appears that he held the view that what is prohibited is the adding of the hair of women.

Abu Dawud said: Ahmad (b. hanbal) used to say: There is no harm in tying the hair with silk or woollen threads.

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

Once Allah's Apostle delayed the `Isha' prayer till `Umar informed him that the women and children had slept. Then Allah's Apostle came out and said: "None from amongst the dwellers of earth have prayed this prayer except you." In those days none but the people of Medina prayed.

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."

Yahya related to me from Malik that Abdullah ibn Dinar said, "I heard Abdullah ibn Umar recite from the Qur'an, 'Prophet! When you divorce women, divorce them at the beginning of their idda.'"

Malik said, "He meant by that, to make one pronouncement of divorce at the beginning of each period of purity."

The Prophet said, "I stood at the gate of Paradise and saw that the majority of the people who entered it were the poor, while the wealthy were stopped at the gate (for the accounts). But the companions of the Fire were ordered to be taken to the Fire. Then I stood at the gate of the Fire and saw that the majority of those who entered it were women."

The Verse of Al-Hijab (veiling of women) was revealed in connection with Zainab bint Jahsh. (On the day of her marriage with him) the Prophet gave a wedding banquet with bread and meat; and she used to boast before other wives of the Prophet and used to say, "Allah married me (to the Prophet in the Heavens."

I heard my father saying, "The Prophet led us, and prayed a two-rak`at Zuhr prayer and then a tworak` at `Asr prayer at Al-Batha' [??] with a short spear (planted) in front of him (as a Sutra) while women and donkeys were passing in front of him (beyond that stick).

We used to be ordered to come out on the Day of `Id and even bring out the virgin girls from their houses and menstruating women so that they might stand behind the men and say Takbir along with them and invoke Allah along with them and hope for the blessings of that day and for purification from sins.

`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.

A group of three men came to the houses of the wives of the Prophet asking how the Prophet worshipped (Allah), and when they were informed about that, they considered their worship insufficient and said, "Where are we from the Prophet as his past and future sins have been forgiven." Then one of them said, "I will offer the prayer throughout the night forever." The other said, "I will fast throughout the year and will not break my fast." The third said, "I will keep away from the women and will not marry forever." Allah's Apostle came to them and said, "Are you the same people who said so-and-so? By Allah, I am more submissive to Allah and more afraid of Him than you; yet I fast and break my fast, I do sleep and I also marry women. So he who does not follow my tradition in religion, is not from me (not one of my followers).

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The slave girl is not married when there is a free woman who is a wife unless the free woman wishes it. If the free woman complies, she has two-thirds of the division of time."

Malik said, "A free man must not marry a slave-girl when he can afford to marry a free-woman, and he should not marry a slave-girl when he cannot afford a free woman unless he fears fornication. That is because Allah, may he be Blessed and Exalted, says in His Book, 'If you are not affluent enough to marry believing women, who are muhsanat, take slave-girls who are believing women that your right hands own.' (Sura 4 ayat 24) He says, 'That is for those of you who fear al-anat.' "

Malik said, "Al-anat is fornication."

When the Prophet got the news of the death of Ibn Haritha, Ja`far and Ibn Rawaha he sat down and looked sad and I was looking at him through the chink of the door. A man came and told him about the crying of the women of Ja`far. The Prophet ordered him to forbid them. The man went and came back saying that he had told them but they did not listen to him. The Prophet (p.b.u.h) said, "Forbid them." So again he went and came back for the third time and said, "O Allah's Apostle! By Allah, they did not listen to us at all." (`Aisha added): Allah's Apostle ordered him to go and put dust in their mouths. I said, (to that man) "May Allah stick your nose in the dust (i.e. humiliate you)! You could neither (persuade the women to) fulfill the order of Allah's Apostle nor did you relieve Allah's Apostle from fatigue. "

During the Pre-Islamic period of Ignorance, the people used to perform Tawaf of the Ka`ba naked except the Hums; and the Hums were Quraish and their offspring. The Hums used to give clothes to the men who would perform the Tawaf wearing them; and women (of the Hums) used to give clothes to the women who would perform the Tawaf wearing them. Those to whom the Hums did not give clothes would perform Tawaf round the Ka`ba naked. Most of the people used to go away (disperse) directly from `Arafat but they (Hums) used to depart after staying at Al-Muzdalifa. `Urwa added, "My father narrated that `Aisha had said, 'The following verses were revealed about the Hums: Then depart from the place whence all the people depart--(2.199) `Urwa added, "They (the Hums) used to stay at Al-Muzdalifa and used to depart from there (to Mina) and so they were sent to `Arafat (by Allah's order)."

When we came to Medina, the women came to me when I was playing on the swing, and my hair were up to my ears. They brought me, prepared me, and decorated me. Then they brought me to the Messenger of Allah (saws) and he took up cohabitation with me, when I was nine.

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "I heard Umar ibn al- Khattab say, 'Stoning is in the Book of Allah for those who commit adultery, men or women when they are muhsan and when there is clear proof of pregnancy or a confession.' "

Malik related to me from Nafi from Sa'iba, the female mawla of A'isha, that the Messenger of Allah, may Allah bless him and grant him peace, forbade killing the snakes which were in the houses except those with two white stripes on their back and the short ones. They made one go blind and caused miscarriages in women.

May Allah bestow His Mercy on the early emigrant women. When Allah revealed: "... and to draw their veils all over their Juyubihinna (i.e., their bodies, faces, necks and bosoms)..." (V.24:31) they tore their Murat (woolen dresses or waist-binding clothes or aprons etc.) and covered their heads and faces with those torn Muruts.

Yahya related to me from Malik from Ibn Shihab from Abdullah and Hasan, the sons of Muhammad ibn Ali ibn Abi Talib from their ather, mayAllah be pleased with him, that the Messenger of Allah, may Allah bless him and grant him peace, forbade temporary marriage with women and the flesh of domestic donkeys on the Day of Khaybar.

that he had heard his father saying, "Allah's Apostle came to us at midday and water was brought for his ablution. He performed ablution and led us in Zuhr and `Asr prayers with a short stpear (or stick) planted in front of him (as a Sutra), while women and donkeys were passing beyond it."

Gabriel did not come to the Prophet (for some time) and so one of the Quraish women said, "His Satan has deserted him." So came the Divine Revelation: "By the forenoon And by the night When it is still! Your Lord (O Muhammad) has neither Forsaken you Nor hated you." (93.1-3)

A menstruating woman was allowed to leave Mecca if she had done Tawaf-al-Ifada. Tawus (a subnarrator) said from his father, "I heard Ibn `Umar saying that she would not depart. Then later I heard him saying that the Prophet had allowed them (menstruating women) to depart."

The Messenger of Allah (saws) came out on 'Id (the festival day). He first offered the prayer and then delivered the sermon . He then went to women, taking Bilal with him. The narrator Ibn Kathir said: The probable opinion of Shu'bah is that he commanded them to give alms. So they began to put (their jewellery).

Abu Dawud said: This tradition has been narrated though a different chain of transmitters by 'Umar. And this is more correct.

From his father who said: "When the Messenger of Allah (sawS) sent a commander of an army, he would exhort him concerning himself to have Taqwa of Allah, and he would exhort him to be good to those who are with him among the Muslims. He would say: 'Fight in the Name of Allah, in the cause of Allah. Fight those who disbelieve in Allah, and do not steal from the spoils of war or be treacherous, nor mutilate, and do not kill a child. When you meet your enemy among the idolaters, then call them to one of the three options or choices, whichever of them they respond to then accept it from them, and refrain from them. Call them to Islam, and to relocate from their land to the land of Emigrants. Inform them that if they do that, then they will have similar to what those who emigrated have, and from them will be required similar to what is required from those who have emigrated. And if they refuse to relocate, then inform them that they will be like the Bedouins among the Muslim, and they will be treated the same as Bedouins are treated. There is no war spoils or Fay' for them, unless they fight along with the Muslims. If they refuse then seek aid from Allah against them and fight them. And if you lay siege to a fortress and they want you to grant them covenant from Allah and a covenant of His Prophet, then do not grant them the covenant of Allah nor the covenant of His Prophet. Rather grant them your own covenant and the covenant of your companions, it will be better than breaking Allah's covenant and the covenant of His Messenger. And if you lay siege to the people of a fortress and they want you to lift the siege for negotiating upon the judgement of Allah, then do not stop, but rather make them surrender to your judgement, for you do not know if you will come upon the judgement of Allah regarding them or not.' Or similar to that."

[Abu 'Eisa said:] There is something on this topic from An-Nu'man bin Muqarrin, and the Hadith of Buraidah is a Hasan Sahih Hadith

The Prophet forbade the eating of wild animals having fangs. (Az-Zuhri said: I did not hear this narration except when I went to Sham.) Al-Laith said: Narrated Yunus: I asked Ibn Shihab, "May we perform the ablution with the milk of she-asses or drink it, or drink the bile of wild animals or urine of camels?" He replied, "The Muslims used to treat themselves with that and did not see any harm in it. As for the milk of she-asses, we have learnt that Allah's Apostle forbade the eating of their meat, but we have not received any information whether drinking of their milk is allowed or forbidden." As for the bile of wild animals, Ibn Shihab said, "Abu Idris Al-Khaulani told me that Allah's Apostle forbade the eating of the flesh of every wild beast having fangs . "