Yahya related to me from Malik that he had heard that when asked whether it was permissible for a man to return to his wife if he had divorced her irrevocably and then another man had married her after him and died before consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the first husband to return to her."

Malik said, about the muhallil, that he could not remain in the marriage until he undertook a new marriage. If he had intercourse with her in that marriage, she had her dowry.

The Prophet asked me at sunset, "Do you know where the sun goes (at the time of sunset)?" I replied, "Allah and His Apostle know better." He said, "It goes (i.e. travels) till it prostrates Itself underneath the Throne and takes the permission to rise again, and it is permitted and then (a time will come when) it will be about to prostrate itself but its prostration will not be accepted, and it will ask permission to go on its course but it will not be permitted, but it will be ordered to return whence it has come and so it will rise in the west. And that is the interpretation of the Statement of Allah: "And the sun Runs its fixed course For a term (decreed). that is The Decree of (Allah) The Exalted in Might, The All- Knowing." (36.38)

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "If a man marries a woman who is insane, or has leprosy or white leprosy, without being told of her condition by her guardian, and he has sexual relations with her, she keeps her bride-price in its entirety. Her husband has damages against her guardian."

Malik said, "The husband has damages against her guardian when the guardian is her father, brother, or one who is deemed to have knowledge of her condition. If the guardian who gives her in marriage is a nephew, a mawla or a member of her tribe who is not deemed to have knowledge of her condition, there are no damages against him, and the woman returns what she has taken of her bride-price, and the husband leaves her whatever amount is thought to be fair."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "When one of you puts his forehead on the ground he should put his palms on the place where he puts his forehead. Then, when he rises, he should raise them, for the hands prostrate just as the face prostrates."

The Prophet (saws) said: Both hands prostrate as the face prostrates. When one of you puts his face (on the ground) he should put his hands too (on the ground). And when he raises it, he should raise them too.

The Prophet said, "A woman should not look at or touch another woman to describe her to her husband in such a way as if he was actually looking at her."

Yahya related to me from Malik from Ibn Shihab that Said al-Musayyab and Abu Bakr ibn Abd ar-Rahman said about a man who made a vow to abstain from intercourse with his wife, "If four months pass it is a divorce. The husband can go back to his wife as long as she is in her idda."

I saw Abu Huraira reciting Idha-Sama' un-Shaqqat and he prostrated during its recitation. I asked Abu Huraira, "Didn't I see you prostrating?" Abu Huraira said, "Had I not seen the Prophet prostrating, I would not have prostrated."

The Prophet said, "A woman should not look at or touch another woman to describe her to her husband in such a way as if he was actually looking at her."

Allah's Apostle said, "When a woman gives in charity from her husband's meals without wasting the property of her husband, she will get a reward for it, and her husband too will get a reward for what he earned and the storekeeper will have the reward likewise."

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said when asked whether it was permissible for a man to marry again a wife he had divorced irrevocably if she had married another man who divorced her before consummating the marriage, "Not until she has tasted the sweetness of intercourse."

Once I was with the Prophet in the mosque at the time of sunset. The Prophet said, "O Abu Dharr! Do you know where the sun sets?" I replied, "Allah and His Apostle know best." He said, "It goes and prostrates underneath (Allah's) Throne; and that is Allah's Statement:-- 'And the sun runs on its fixed course for a term (decreed). And that is the decree of All-Mighty, the All-Knowing....' (36.38)

The Prophet said, "If a woman gives in charity from her house meals without wasting (i.e. being extravagant), she will get the reward for her giving, and her husband will also get the reward for his earning and the storekeeper will also get a similar reward. The acquisition of the reward of none of them will reduce the reward of the others."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

Allah's Apostle said, "When a woman gives in charity some of the foodstuff (which she has in her house) without spoiling it, she will receive the reward for what she has spent, and her husband will receive the reward because of his earning, and the storekeeper will also have a reward similar to it. The reward of one will not decrease the reward of the others . "

The Messenger of Allah (saws) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (saws) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey.

One of the two women of Hudhayl killed the other, Each of them had husband and sons. The Messenger of Allah (saws) fixed the blood-wit for the slain woman to be paid by the woman's relatives on the father's side. He declared her husband and the child innocent. The relatives of the woman who killed said: We shall inherit from her. The Messenger of Allah (saws) said: No, her sons and her husband should inherit from her.

I heard Ibn `Abbas saying, "Allah's Apostle asked an Ansari woman (Ibn `Abbas named her but `Ata' forgot her name), 'What prevented you from performing Hajj with us?' She replied, 'We have a camel and the father of so-and-so and his son (i.e. her husband and her son) rode it and left one camel for us to use for irrigation.' He said (to her), 'Perform `Umra when Ramadan comes, for `Umra in Ramadan is equal to Hajj (in reward),' or said something similar."

I went to al-Hirah and saw them (the people) prostrating themselves before a satrap of theirs, so I said: The Messenger of Allah (saws) has most right to have prostration made before him. When I came to the Prophet (saws), I said: I went to al-Hirah and saw them prostrating themselves before a satrap of theirs, but you have most right, Messenger of Allah, to have (people) prostrating themselves before you. He said: Tell me , if you were to pass my grave, would you prostrate yourself before it? I said: No. He then said: Do not do so. If I were to command anyone to make prostration before another I would command women to prostrate themselves before their husbands, because of the special right over them given to husbands by Allah.

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "A woman who bleeds as if menstruating only has to do one ghusl, and then after that she does wudu for each prayer."

Yahya said that Malik said, "The position with us is that when a woman who bleeds as if menstruating starts to do the prayer again, her husband can have sexual intercourse with her. Similarly, if a woman who has given birth sees blood after she has reached the fullest extent that bleeding normally restrains women, her husband can have sexual intercourse with her and she is in the same position as a woman who bleeds as if menstruating."

Yahya said that Malik said, "The position with us concerning a woman who bleeds as if menstruating is founded on the hadith of Hisham ibn Urwa from his father, and it is what I prefer the most of what I have heard about the matter."

A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet and said, "O Allah's Apostle! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I remarry my first husband in this case?" Allah's Apostle said, "It is unlawful to marry your first husband till the other husband consummates his marriage with you."

When Talha, AzZubair and `Aisha moved to Basra, `Ali sent `Ammar bin Yasir and Hasan bin `Ali who came to us at Kufa and ascended the pulpit. Al-Hasan bin `Ali was at the top of the pulpit and `Ammar was below Al-Hasan. We all gathered before him. I heard `Ammar saying, "`Aisha has moved to Al-Busra. By Allah! She is the wife of your Prophet in this world and in the Hereafter. But Allah has put you to test whether you obey Him (Allah) or her (`Aisha).

27 Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, if he was travelling in Ramadan and knew that he would reach Madina at the begining of the day ,would do so fasting.

Yahya said that Malik said, "Someone who is travelling and knows that he will be reaching his people in the first part of the day, and then dawn breaks before he gets there, should be fasting when he gets there."

Malik said, "Someone who intends to go away (on a journey) in Ramadan, and then dawn breaks while he is still on his land before he has left, should fast that day."

Malik said that a man who returns from a journey in Ramadan and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.

Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."

Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."

Umarah ibn Ghurab said that his paternal aunt narrated to him that she asked Aisha: What if one of us menstruates and she and her husband have no bed except one? She replied: I relate to you what the Messenger of Allah (saws) had done.

One night he entered (upon me) while I was menstruating. He went to the place of his prayer, that is, to the place of prayer reserved (for this purpose) in his house. He did not return until I felt asleep heavily, and he felt pain from cold. And he said: Come near me. I said: I am menstruating. He said: Uncover your thighs. I, therefore, uncovered both of my thighs. Then he put his cheek and chest on my thighs and I lent upon he until he became warm and slept.

The Messenger of Allah (saws) said: Who is this? She replied: I am Habibah, daughter of Sahl. He asked: What is your case? She replied: I and Thabit ibn Qays, referring to her husband, cannot live together.

When Thabit ibn Qays came, the Messenger of Allah (saws) said to him: This is Habibah, daughter of Sahl, and she has mentioned (about you) what Allah wished to mention.

Habibah said: Messenger of Allah, all that he gave me is with me.

The Messenger of Allah (saws) said to Thabit ibn Qays: Take it from her. So he took it from her, and she lived among her people (relatives).

Yahya related. to me from Malik from Yahya ibn Said that Amra bint Abd ar-Rahman told him from Habiba bint Sahl al-Ansari that she had been the wife of Thabit ibn Qays ibn Shammas. The Messenger of Allah, may Allah bless him and grant him peace, went out for the dawn prayer, and found Habiba bint Sahl at his door in the darkness. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Who is this?" She said, "I am Habiba bint Sahl, Messenger of Allah." He said, "What do you want?" She said, "That Thabit ibn Qays and I separate." When her husband, Thabit ibn Qays came, the Messenger of Allah, may Allah bless him and grant him peace, said to him, "This is Habiba bint Sahl. She mentioned what Allah willed that she mention." Habiba said, "Messenger of Allah, all that he has given me is with me!" The Messenger of Allah, may Allah bless him and grant him peace, said to Thabit ibn Qays, "Take it from her," and he took it from her, and she stayed in the house of her family.

Malik said, "The imam does not come down and prostrate when he recites a piece of Qur'an requiring a prostration while he is on the mimbar."

Malik said, "The position with us is that there are eleven prescribed prostrations in the Qur'an, none of which are in the mufassal."

Malik said, "No-one should recite any of the pieces of Qur'an that require a prostration after the prayers of subh and asr. This is because the Messenger of Allah, may Allah bless him and grant him peace, forbade prayer after subh until after the sun had risen, and after asr until the sun had set, and prostration is part of the prayer. So no-one should recite any piece of Qur'an requiring a prostration during these two periods of time."

Malik was asked whether a menstruating woman could prostrate if she heard some-one reciting a passage of Qur'an requiring a prostration, and he said, "Neither a man nor a woman should prostrate unless they are ritually pure."

Malik was asked whether a man in the company of a woman who was reciting a passage of Qur'an requiring a prostration should prostrate with her, and he said, "He does not have to prostrate with her. The prostration is only obligatory for people who are with a man who is leading them. He recites the piece and they prostrate with him. Some one who hears a piece of Qur'an that requires a prostration being recited by a man who is not leading him in prayer does not have to do the prostration."

The Messenger of Allah (saws) intended to perform hajj.

A woman said to her husband: Let me perform hajj along with the Messenger of Allah (saws).

He said: I have nothing on which I can let you perform hajj. She said: You may perform hajj on your such-and-such camel. He said: That is dedicated to the cause of Allah, the Exalted. He then came to the Messenger of Allah (saws) and said: My wife has conveyed her greetings and the blessings of Allah to you. She has asked about performing hajj along with you. She said (to me): Let me perform hajj with the Messenger of Allah (saws). I said (to her): I have nothing upon which I can let you perform hajj. She said: Let me perform hajj on your such-and-such camel. I said: That is dedicated to the cause of Allah, The Exalted.

He replied: If you let her perform hajj on it, that would be in the cause of Allah.

He said: She has also requested me to ask you: What is that action which is equivalent to performing hajj with you?

The Messenger of Allah (saws) said: Convey my greetings, the mercy of Allah and His blessings to her and tell her that umrah during Ramadan is equivalent to performing hajj along with me.

The Messenger of Allah (saws) said to al-Abbas ibn AbdulMuttalib: Abbas, my uncle, shall I not give you, shall I not present to you, shall I not donate to you, shall I not produce for you ten things? If you act upon them, Allah will forgive you your sins, first and last, old and new, involuntary and voluntary, small and great, secret and open.

These are the ten things: you should pray four rak'ahs, reciting in each one Fatihat al-Kitab and a surah. When you finish the recitation of the first rak'ah you should say fifteen times while standing: "Glory be to Allah", "Praise be to Allah", "There is no god but Allah", "Allah is most great". Then you should bow and say it ten times while bowing. Then you should raise your head after bowing and say it ten times. Then you should kneel down in prostration and say it ten times while prostrating yourself. Then you should raise your head after prostration and say it ten times. Then you should prostrate yourself and say it ten times. Then you should raise your head after prostrating and say it ten times in every rak'ah. You should do that in four rak'ahs.

If you can observe it once daily, do so; if not, then once weekly; if not, then once a month; if not, then once a year; if not, then once in your lifetime.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting ...