Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar that Abdullah ibn Abbas said, "Al-Fadl ibn Abbas was riding behind the Messenger of Allah, may Allah bless him and grant him peace, when a woman from the Khathama tribe came to him to ask him for a fatwa. Al-Fadl began to look at her, and she at him, and the Messenger of Allah, may Allah bless him and grant him peace, turned Fadl's face away to the other side. The woman said, 'Messenger of Allah, Allah's making the hajj obligatory finds my father a very old man, unable to stay firm on his riding-beast. Can I do hajj for him?', and he said, 'Yes.' This was during the farewell hajj."

Malik related to me from Yahya ibn Said that Sulayman ibn Yasar informed him that Abdullah ibn Abbas ibn Abi Rabia al-Makhzumi said, "Umar ibn al-Khattab gave me orders about the slaves of Quraysh and we flogged some of the slave-girls of the muslim lands fifty times each for fornication."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, Abdullah ibn Umar, Abdullah ibn Masud, Salim ibn Abdullah, al-Qasim ibn Muhammad, Ibn Shihab,and Sulayman ibn Yasar all said, "If a man has vowed to divorce his wife before marrying her and then he breaks his vow, divorce is obligatory for him when he marries her."

Ibn `Abbas said, "Usama bin Zaid rode behind the Prophet from `Arafat to Al-Muzdalifa; and then from Al-Muzdalifa to Mina, Al-Fadl rode behind him." He added, "Both of them (Usama and Al-Fadl) said, 'The Prophet was constantly reciting Talbiya till he did Rami of the Jamarat-Al-`Aqaba."

Ibn `Abbas' said, "Usama rode behind Allah's Apostle from `Arafat to Al-Muzdalifa; and then Al-Fadl rode behind Allah's Apostle from Al-Muzdalifa to Mina." Ibn `Abbas added, "Both of them said, 'The Prophet kept on reciting Talbiya till he did the Rami of Jamrat-Al-`Aqaba.' "

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Ibn Shihab and Sulayman ibn Yasar all said, "The idda of the woman with a khul divorce is three periods."

Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abdullah ibn Abbas that Umm al- Fadl bint al-Harith heard him reciting al Mursalat (sura 77) and she said to him, "My son, you have reminded me by reciting this sura that it was what I last heard the Messenger of Allah, may Allah bless him and grant him peace, recite in the maghrib prayer."

Al-Fadl bin `Abbas rode behind the Prophet as his companion rider on the back portion of his she camel on the Day of Nahr (slaughtering of sacrifice, 10th Dhul-Hijja) and Al-Fadl was a handsome man. The Prophet stopped to give the people verdicts. In the meantime, a beautiful woman From the tribe of Khath'am came, asking the verdict of Allah's Apostle. Al-Fadl started looking at her as her beauty attracted him. The Prophet looked behind while Al-Fadl was looking at her; so the Prophet held out his hand backwards and caught the chin of Al-Fadl and turned his face (to the owner sides in order that he should not gaze at her. She said, "O Allah's Apostle! The obligation of Performing Hajj enjoined by Allah on His worshipers, has become due (compulsory) on my father who is an old man and who cannot sit firmly on the riding animal. Will it be sufficient that I perform Hajj on his behalf?" He said, "Yes."

Al-Fadl was riding behind the Prophet and a woman from the tribe of Khath'am came up. Al-Fadl started looking at her and she looked at him. The Prophet turned Al-Fadl's face to the other side. She said, "My father has come under Allah's obligation of performing Hajj but he is a very old man and cannot sit properly on his Mount. Shall I perform Hajj on his behalf? The Prophet replied in the affirmative. That happened during Hajjat-al-Wada` of the Prophet .

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."

Yahya related to me from Malik from Abdullah ibn Dinar from Sulayman ibn Yasar and from Urwa ibn az-Zubayr from A'isha umm al- muminin, that the Messenger of Allah, may Allah bless him and grant him peace, said, " What is haram by birth is haram by suckling."

Al-Fadl (his brother) was riding behind Allah's Apostle and a woman from the tribe of Khath'am came and Al-Fadl started looking at her and she started looking at him. The Prophet turned Al-Fadl's face to the other side. The woman said, "O Allah's Apostle! The obligation of Hajj enjoined by Allah on His devotees has become due on my father and he is old and weak, and he cannot sit firm on the Mount; may I perform Hajj on his behalf?" The Prophet replied, "Yes, you may." That happened during the Hajj-al-Wida (of the Prophet ).

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

The Prophet made Al-Fadl ride behind him, and Al-Fadl informed that he (the Prophet ) kept on reciting Talbiya till he did the Rami of the Jamra. (Jamrat-Al-`Aqaba.)

Yahya related to me from Malik that he had heard that Abu Bakr ibn Abd ar-Rahman and Sulayman ibn Yasar and Ibn Shihab used to say, "When the divorced woman enters the beginning of her third period, she is clearly separated from her husband and there is no inheritance between them and he has no access to her."

Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, "Yes, when repentance (tawba) appears from him."

Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman ibn Yasar said.

Malik said, "That is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, 'And those who accuse women who are muhsan, and then do not bring four witnesses, flog them with eighty lashes, and do not accept any testimony of theirs ever. They indeed are evil-doers, save those who turn in tawba after that and make amends. Allah is Forgiving, Merciful.' " (Sura 24 ayat 4).

Malik related to me from Abd ar-Rahman ibn Abdullah ibn Abd ar- Rahman ibn Abi Sasaca that Sulayman ibn Yasar said, "The Messenger of Allah, may Allah bless him and grant him peace, entered the house of Maimuna bint al-Harith and there was a lizard in which there were eggs to eat. Abdullah ibn Abbas and Khalid ibn al-Walid were with him. He said, 'From where did you get this?' She replied, 'My sister, Huzayla bint al-Harith, gave it to me.' He then told Abdullah ibn Abbas and Khalid to eat. They said, 'Won't you eat, Messenger of Allah?' He said, 'There are those who visit me from Allah.' Maimuna said, 'Messenger of Allah, shall we give you some milk to drink which we have?' He said, 'Yes.' When he drank, he said, 'From where did you get this?' She said, 'My sister, Huzayla gave it to me.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Do you see your slave-girl whom you asked me for permission to free? Give her to your sister and bring her to your maternal relatives to take care of her. That is better for you.' "

I rode behind Allah's Apostle from `Arafat and when Allah's Apostle reached the mountain pass on the left side which is before Al-Muzdalifa he made his camel kneel and then urinated, and then I poured water for his ablution. He performed light ablution and then I said to him: (Is it the time for) the prayer, O Allah's Apostle!" He replied, "The (place of) prayer is ahead of you (i.e. at Al- Muzdalifa)." So Allah's Apostle rode till he reached Al-Muzdalifa and then he offered the prayer (there) . Then in the morning (10th Dhul-Hijja) Al-Faql (bin `Abbas) rode behind Allah's Apostle. Kuraib, (a sub-narrator) said that `Abdullah bin `Abbas narrated from Al-Fadl, "Allah's Apostle (p.b.u.h) kept on reciting Talbiya (during the journey) till he reached the Jamra." (Jamrat-Al-`Aqaba)

Malik related to me from Abdullah ibn al-Fadl from Nafi ibn Jubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent for herself, and her consent is her silence "

Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar that the people of Syria said to Abu Ubayda ibn al-Jarrah, "Take zakat from our horses and slaves," and he refused. Then he wrote to Umar ibn al-Khattab and he (also) refused. Again they talked to him and again he wrote to Umar, and Umar wrote back to him saying, "If they want, take it from them and (then) give it back to them and give their slaves provision."

Malik said, "What he means, may Allah have mercy upon him, by the words 'and give it back to them' is, 'to their poor.' "

Yahya related to me from Malik from Abdullah ibn Umar from Sulayman ibn Yasar from Irak ibn Malik from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A muslim does not have to pay any zakat on his slave or his horse."

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.' "

The worst of three (persons riding one, animal) was mentioned in `Ikrima's presence `Ikrima said, "Ibn `Abbas said, '(In the year of the conquest of Mecca) the Prophet came and mounted Qutham in front of him and Al-Fadl behind him, or Qutham behind him and Al-Fadl in front of him.' Now which of them was the worst off and which was the best?"

Ibn Abbas (Allah be pleased with them) reported that Allah's Apostle (may peace be upon him) made al-Fadl sit behind him (on the camel back) from the place (where the two prayers) are combined (Muzdalifa). Ibn Abbas (Allah be pleased with them) also informed that Allah's Apostle (may peace be upon him) did not stop pronouncing Talbiya till he threw pebbles at Jamrat al-'Aqaba.

Yahya related to me from Malik from Ibn Shihab from Irak ibn Malik and Sulayman ibn Yasar that a man of the Banu Sad ibn Layth was running a horse and it trod on the finger of a man from the Juhayna tribe. It bled profusely, and he died. Umar ibn al-Khattab said to those against whom the claim was made. "Do you swear by Allah with fifty oaths that he did not die of it?" They refused and stopped themselves from doing it. He said to the others, "Will you take an oath?" They refused, so Umar ibn al-Khattab gave a judgement that the Banu Sad had to pay half the full blood-money.

Malik said, "One does not act on this."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abdullah ibn Abbas was asked about people kissing while fasting and he said that he allowed it for old men but disapproved of it for young men.

Yahya related to me from Malik that he had heard that Salim ibn Abdullah and Sulayman ibn Yasar were asked whether the husband of a menstruating woman could have sexual intercourse with her when she saw that she was pure but before she had had a ghusl. They said, "No, not until she has had a ghusl."

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.

Once Allah's Apostle gave a letter to a person and ordered him to go and deliver it to the Governor of Bahrain. (He did so) and the Governor of Bahrain sent it to Chousroes, who read that letter and then tore it to pieces. (The sub-narrator (Ibn Shihab) thinks that Ibn Al-Musaiyab said that Allah's Apostle invoked Allah against them (saying), "May Allah tear them into pieces, and disperse them all totally.)"

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, "The head wound of the slave in which the bone is bared is a twentieth of his price."

A woman from the tribe of Khath'am asked for the verdict of Allah's Apostle (regarding something) during Hajjat-ul-Wada` while Al-Fadl bin `Abbas was the companion-rider behind Allah's Apostle. She asked, "Allah's ordained obligation (i.e. compulsory Hajj) enjoined on His slaves has become due on my old father who cannot sit firmly on the riding animal. Will it be sufficient if I perform the Hajj on his behalf?" He said, "Yes."

Abu Dawud said “I heard Muhammad bin Isa narrating this tradition who said Mu’tamar narrated it to us. And he (Mu’tamar) said “ I heard Al Hakam bin Aban narrating this tradition. He did not mention the name of Ibn ‘Abbas.

Abu Dawud said “Al Hussain bin Huraith wrote to me saying “Al Fadl bin Musa narrated from Ibn ‘Abbas to the same effect from the Prophet(saws).

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, "The idda of a slave-girl when her husband dies is two months and five days."