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."

Yahya related to me from Malik from Ibn Shihab from Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr said, "A man divorced his wife three times before he had consummated the marriage, and then it seemed good to him to marry her. Therefore, he wanted an opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his behalf about it, and they said, 'We do not think that you should marry her until she has married another husband.' He protested that his divorcing her had been only once. Ibn Abbas said, 'You threw away what you had of blessing.' "

The wife of Rifa`a Al-Qurazi came to Allah's Apostle and said, "O Allah's Apostle! Rifa`a divorced me irrevocably. After him I married `Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Apostle said to her, "Perhaps you want to return to Rifa`a? Nay (you cannot return to Rifa`a) until you and `Abdur-Rahman consummate your marriage."

`Umar bin Al-Khattab said, "When (my daughter) Hafsa bint `Umar lost her husband Khunais bin Hudhaifa As-Sahrni who was one of the companions of Allah's Apostle and had fought in the battle of Badr and had died in Medina, I met `Uthman bin `Affan and suggested that he should marry Hafsa saying, "If you wish, I will marry Hafsa bint `Umar to you,' on that, he said, 'I will think it over.' I waited for a few days and then he said to me. 'I am of the opinion that I shall not marry at present.' Then I met Abu Bakr and said, 'if you wish, I will marry you, Hafsa bint `Umar.' He kept quiet and did not give me any reply and I became more angry with him than I was with `Uthman . Some days later, Allah's Apostle demanded her hand in marriage and I married her to him. Later on Abu Bakr met me and said, "Perhaps you were angry with me when you offered me Hafsa for marriage and I gave no reply to you?' I said, 'Yes.' Abu Bakr said, 'Nothing prevented me from accepting your offer except that I learnt that Allah's Apostle had referred to the issue of Hafsa and I did not want to disclose the secret of Allah's Apostle , but had he (i.e. the Prophet) given her up I would surely have accepted her."

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.

While I was (sitting) among the people in the company of Allah's Apostle a woman stood up and said, "O Allah's Apostle! She has given herself in marriage to you; please give your opinion of her." The Prophet did not give her any reply. She again stood up and said, "O Allah's Apostle! She has given herself (in marriage) to you; so please give your opinion of her. The Prophet did not give her any reply. She again stood up for the third time and said, "She has given herself in marriage to you: so give your opinion of her." So a man stood up and said, "O Allah's Apostle! Marry her to me." The Prophet asked him, "Have you got anything?" He said, "No." The Prophet said, "Go and search for something, even if it were an iron ring." The man went and searched and then returned saying, "I could not find anything, not even an iron ring." Then the Prophet said, "Do you know something of the Qur'an (by heart)?" He replied, "I know (by heart) such Sura and such Sura." The Prophet said, "Go! I have married her to you for what you know of the Qur'an (by heart).

Yahya related to me from Malik from Yahya ibn Said that Bukayr ibn Abdullah al-Ashajj informed him that Muawiya ibn Abi Ayyash al- Ansari told him that he was sitting with Abdullah ibn az-Zubayr and Asim ibn Umar ibn al-Khattab when Muhammad ibn Iyas ibn al-Bukayr came up to them and said, "A man from the desert has divorced his wife three times before consummating the marriage, what do you think?" Abdullah ibn az-Zubayr said "This is something about which we have no statement. Go to Abdullah ibn Abbas and Abu Hurayra. I left them with A'isha. Ask them and then come and tell us." He went and asked them. Ibn Abbas said to Abu Hurayra, "Give an opinion, Abu Hurayra! A difficult one has come to you." Abu Hurayra said, "One pronouncement separates her and three makes her haram until she has married another husband." Ibn Abbas said the like of that.

Malik said, "That is what is done among us, and when a man marries a woman who has been married before, and he has not had intercourse with her, she is treated as a virgin - one pronouncement separates her and three make her haram until she has married another husband."

The Prophet consummated his marriage with a woman (Zainab), so he sent me to invite men to the meals.

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

That he had asked `Aisha about the meaning of the Statement of Allah: "If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (Other) women of your choice Two or three or four." (4.3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4.127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

That she was married to Sad bin Khaula who was from the tribe of Bani 'Amr bin Luai, and was one of those who fought the Badr battle. He died while she wa pregnant during Hajjat-ul-Wada.' Soon after his death, she gave birth to a child. When she completed the term of deliver (i.e. became clean), she prepared herself for suitors. Abu As-Sanabil bin Bu'kak, a man from the tribe of Bani Abd-ud-Dal called on her and said to her, "What! I see you dressed up for the people to ask you in marriage. Do you want to marry By Allah, you are not allowed to marry unless four months and ten days have elapsed (after your husband's death)." Subai'a in her narration said, "When he (i.e. Abu As-Sanabil) said this to me. I put on my dress in the evening and went to Allah's Apostle and asked him about this problem. He gave the verdict that I was free to marry as I had already given birth to my child and ordered me to marry if I wished."

Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her."

Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods."

He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab all said that a woman who divorced for a compensation had the same idda as a divorced woman - three periods.

Malik said that a woman who ransomed herself could not return to her husband except by a new marriage. If someone married her and then separated from her before he had intercourse with her, there was no idda against her from the recent marriage, and she rested on her first idda.

Malik said, "That is the best that I have heard on the matter."

Malik said, "If, when a woman offers to compensate her husband, he divorces her straightaway, then that compensation is confirmed for him. If he makes no response, and then at a later date, does divorce her, he is not entitled to that compensation."

A woman came to the Prophet,, and presented herself to him (for marriage). He said, "I am not in need of women these days." Then a man said, "O Allah's Apostle! Marry her to me." The Prophet asked him, "What have you got?" He said, "I have got nothing." The Prophet said, "Give her something, even an iron ring." He said, "I have got nothing." The Prophet asked (him), "How much of the Qur'an do you know (by heart)?" He said, "So much and so much." The Prophet said, "I have married her to you for what you know of the Qur'an."

Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "A virgin has seven nights, and a woman who has been previously married has three nights."

Malik affirmed, "That is what is done among us."

Malik added, "If the man has another wife, he divides his time equally between them after the wedding nights. He does not count the wedding nights against the one he has just married."

I said to Ibn `Abbas, "During the battle of Khaibar the Prophet forbade (Nikah) Al-Mut'a and the eating of donkey's meat."

There was an orphan (girl) under the care of a man. He married her and she owned a date palm (garden). He married her just because of that and not because he loved her. So the Divine Verse came regarding his case: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) The sub-narrator added: I think he (i.e. another sub-narrator) said, "That orphan girl was his partner in that datepalm (garden) and in his property."

(regarding His Statement): 'They ask your instruction concerning the women. Say: Allah instructs you about them ...' (4.127) It is about the female orphan who is under the guardianship of a man with whom she shares her property and he does not want to marry her and dislikes that someone else should marry her, lest he should share the property with him, so he prevents her from marrying. So Allah forbade such a guardian to do so (i.e. to prevent her from marrying).

Yahya related to me from Malik that he had heard that az-Zubayr ibn al-Awwam said the like of that.

Malik said that if a man had sexual relations with a female slave that he owned, and then he wanted to also have relations with her sister, the sister was not halal for a man until intercourse with the slave-girl had been made haram for him by marriage, setting free, kitaba, or the like of that - for instance, if he had married her to his slave or someone other than his slave.

About the Qur'anic verse: "It is not lawful for you forcibly to inherit the woman (of your deceased kinsmen), nor (that) ye should put constraint upon them. When a man died, his relatives had more right to his wife then her own guardian. If any one of them wanted to marry her, he did so; or they married her (to some other person), and if they did not want to marry her, they did so. So this verse was revealed about the matter.

that he asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphans (4.3) She said, "O my nephew! This Verse refers to the orphan girl who is under the guardianship of her guardian who likes her beauty and wealth and wishes to (marry her and) curtails her Mahr. Such guardians have been forbidden to marry them unless they do justice by giving them their full Mahr, and they have been ordered to marry other than them. The people asked for the verdict of Allah's Apostle after that, so Allah revealed: 'They ask your instruction concerning the women . . . whom you desire to marry.' (4.127) So Allah revealed to them that if the orphan girl had beauty and wealth, they desired to marry her and for her family status. They can only marry them if they give them their full Mahr. And if they had no desire to marry them because of their lack of wealth and beauty, they would leave them and marry other women. So, as they used to leave them, when they had no interest, in them, they were forbidden to marry them when they had such interest, unless they treated them justly and gave them their full Mahr Apostle said, 'If at all there is evil omen, it is in the horse, the woman and the house." a lady is to be warded off. And the Statement of Allah: 'Truly, among your wives and your children, there are enemies for you (i.e may stop you from the obedience of Allah)' (64.14)

`Urwa bin Az-Zubair said that he asked `Aisha about the meaning of the Qur'anic Verse:-- "And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (4.2-3) Aisha said, "It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah's Apostle about it. So Allah revealed the following Verse:-- "They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

A man came to Ibn `Abbas while Abu Huraira was sitting with him and said, "Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband." Ibn `Abbas said, "This indicates the end of one of the two prescribed periods." I said "For those who are pregnant, their prescribed period is until they deliver their burdens." Abu Huraira said, I agree with my cousin (Abu Salama)." Then Ibn `Abbas sent his slave, Kuraib to Um Salama to ask her (regarding this matter). She replied. "The husband of Subai'a al Aslamiya was killed while she was pregnant, and she delivered a baby forty days after his death. Then her hand was asked in marriage and Allah's Apostle married her (to somebody). Abu As-Sanabil was one of those who asked for her hand in marriage".

The Messenger of Allah (saws) said: The marriage of a woman who marries without the consent of her guardians is void. (He said these words) three times. If there is cohabitation, she gets her dower for the intercourse her husband has had. If there is a dispute, the sultan (man in authority) is the guardian of one who has none.

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 dislikes 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: (And Allah's statement:) "If a woman fears cruelty or desertion on her husband's part." (4.128)

That he asked `Aisha regarding the Statement of Allah: "If you fear that you shall not be able to deal justly with the orphan girls..." (4.3) She said, "O son of my sister! An Orphan girl used to be under the care of a guardian with whom she shared property. Her guardian, being attracted by her wealth and beauty, would intend to marry her without giving her a just Mahr, i.e. the same Mahr as any other person might give her (in case he married her). So such guardians were forbidden to do that unless they did justice to their female wards and gave them the highest Mahr their peers might get. They were ordered (by Allah, to marry women of their choice other than those orphan girls." `Aisha added," The people asked Allah's Apostle his instructions after the revelation of this Divine Verse whereupon Allah revealed: "They ask your instruction regarding women " (4.127) `Aisha further said, "And the Statement of Allah: "And yet whom you desire to marry." (4.127) as anyone of you refrains from marrying an orphan girl (under his guardianship) when she is lacking in property and beauty." `Aisha added, "So they were forbidden to marry those orphan girls for whose wealth and beauty they had a desire unless with justice, and that was because they would refrain from marrying them if they were lacking in property and beauty."

that he asked `Aisha, saying to her, "O Mother! (In what connection was this Verse revealed): 'If you fear that you shall not be able to deal justly with orphan girls (to the end of the verse) that your right hands possess?" (4.3) Aisha said, "O my nephew! It was about the female orphan under the protection of her guardian who was interested in her beauty and wealth and wanted to marry her with a little or reduced Mahr. So such guardians were forbidden to marry female orphans unless they deal with them justly and give their full Mahr; and they were ordered to marry women other than them."`Aisha added, "(Later) the people asked Allah's Apostle, for instructions, and then Allah revealed: 'They ask your instruction concerning the women . . . And yet whom you desire to marry.' (4.127) So Allah revealed to them in this Verse that-if a female orphan had wealth and beauty, they desired to marry her and were interested in her noble descent and the reduction of her Mahr; but if she was not desired by them because of her lack in fortune and beauty they left her and married some other woman. So, as they used to leave her when they had no interest in her, they had no right to marry her if they had the desire to do so, unless they deal justly with her and gave her a full amount of Mahr."

The Prophet (saws) said to a man: Would you like me to marry you to so-and-so?

He said: Yes. He also said to the woman: Would you like me to marry you to so-and-so?

She said: Yes. He then married one to the other. The man had sexual intercourse with her, but he did not fix any dower for her, nor did he give anything to her. He was one of those who participated in the expedition to al-Hudaybiyyah. One part of the expedition to al-Hudaybiyyah had a share in Khaybar.

When he was nearing his death, he said: The Messenger of Allah (saws) married me to so-and-so, and I did not fix a dower for her, nor did I give anything to her. I call upon you as witness that I have given my share in Khaybar as her dower. So she took the share and sold it for one lakh (of dirhams).

Abu Dawud said: The version of 'Umar b. al-Khattab added in the beginning of this tradition, and his version is more perfect. He reported the Messenger of Allah (saws) as saying: The best marriage is the one that is most easy. The Messenger of Allah (saws) said to the man. The narrator then transmitted the rest of the tradition to the same effect.

Abu Dawud said: I am afraid this tradition has been added later on, for the matter is otherwise.

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."