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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."
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that the Messenger of Allah (may peace be upon him) said: Ask me (about matters pertaining to religion), but they (the Companions of the Holy Prophet) were too much overawed out of profound respect for him to ask him (anything). In the meanwhile a man came there, and sat near his knees and said: Messenger of Allah, what is al-lslam? to which he (the Holy Prophet) replied: You must not associate anything with Allah, and establish prayer, pay the poor-rate (Zakat) and observe (the fasts) of Ramadan. He said: You (have) told the truth. He (again) said: Messenger of Allah, what is al-Iman (the faith)? He (the Holy Prophet) said: That you affirm your faith in Allah, His angels, His Books, His meeting, His Apostles, and that you believe in Resurrection and that you believe in Qadr (Divine Decree) in all its entirety, He (the inquirer) said: You (have) told the truth. He (again) said: Messenger of Allah, what is al-Ihsan? Upon this he (the Holy Prophet) said: (Al-Ihsan implies) that you fear Allah as if you are seeing Him, and though you see Him not, verily He is seeing you. He (the inquirer) said: You (have) told the truth. He (the inquirer) said: When there would be the hour (of Doom)? (Upon this) he (the Holy Prophet said: The one who is being asked about it is no better informed than the inquirer himself. I, however, narrate some of its signs (and these are): when you see a slave (woman) giving birth to her master, that is one of the signs of (Doom); when you see barefooted, naked, deaf and dumb (ignorant and foolish persons) as the rulers of the earth, that is one of the signs of the Doom. And when you see the shepherds of black camels exult in buildings, that is one of the signs of Doom. The (Doom) is one of the five things (wrapped) in the unseen. No one knows them except Allah. Then (the Holy Prophet) recited (the folowing verse): "Verily Allah! with Him alone is the knowledge of the hour and He it is Who sends down the rain and knows that which is in the wombs and no person knows whatsoever he shall earn on morrow and a person knows not in whatsoever land he shall die. Verily Allah is Knowing, Aware. He (the narrator, Abu Huraira) said: Then the person stood up an (made his way). The Messenger of Allah (may peace be upon him) said: Bring him back to me. He was searched for, but they (the Companions of the Holy Prophet) could not find him. The Messenger of Allah (may peace be upon him) thereupon said: He was Gabriel and he wanted to teach you (things pertaining to religion) when you did not ask (them yourselves).
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Aisha said, "We set out with Allah's Apostles in the months of Hajj, and (in) the nights of Hajj, and at the time and places of Hajj and in a state of Hajj. We dismounted at Sarif (a village six miles from Mecca). The Prophet then addressed his companions and said, "Anyone who has not got the Hadi and likes to do Umra instead of Hajj may do so (i.e. Hajj-al-Tamattu) and anyone who has got the Hadi should not finish the Ihram after performing ' Umra). (i.e. Hajj-al-Qiran). Aisha added, "The companions of the Prophet obeyed the above (order) and some of them (i.e. who did not have Hadi) finished their Ihram after Umra." Allah's Apostle and some of his companions were resourceful and had the Hadi with them, they could not perform Umra (alone) (but had to perform both Hajj and Umra with one Ihram). Aisha added, "Allah's Apostle came to me and saw me weeping and said, "What makes you weep, O Hantah?" I replied, "I have heard your conversation with your companions and I cannot perform the Umra." He asked, "What is wrong with you?' I replied, 'I do not offer the prayers (i.e. I have my menses).' He said, 'It will not harm you for you are one of the daughters of Adam, and Allah has written for you (this state) as He has written it for them. Keep on with your intentions for Hajj and Allah may reward you that." Aisha further added, "Then we proceeded for Hajj till we reached Mina and I became clean from my menses. Then I went out from Mina and performed Tawaf round the Ka'ba." Aisha added, "I went along with the Prophet in his final departure (from Hajj) till he dismounted at Al-Muhassab (a valley outside Mecca), and we too, dismounted with him." He called ' Abdur-Rahman bin Abu Bakr and said to him, ' Take your sister outside the sanctuary of Mecca and let her assume Ihram for ' Umra, and when you had finished ' Umra, return to this place and I will wait for you both till you both return to me.' " ' Aisha added, "So we went out of the sanctuary of Mecca and after finishing from the umra and the Tawaf we returned to the Prophet at dawn. He said, 'Have you performed the ' Umra?' We replied in the affirmative. So he announced the departure amongst his companions and the people set out for the journey, and the Prophet: too left for Medina."
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the freed slave of the Messenger of Allah (may peace be upon him). While I was standing beside the Messenger of Allah (may peace be upon him) one of the rabbis of the Jews came and said: Peace be upon you, O Muhammad. I pushed him backwith a push that he was going to fall. Upon this he said: Why do you push me? I said: Why don't you say: O Messenger of Allah? The Jew said: We call him by the name by which he was named by his family. The Messenger of Allah (may peace be upon him) said: My name is Muhammad with which I was named by my family. The Jew said: I have come to ask you (something). The Messenger of Allah (may peace be upon him) said: Should that thing be of any benefit to you, if I tell you that? He (the Jew) said: I will lend my ears to it. The Messenger of Allah (may peace be upon him) drew a line with the help of the stick that he had with him and then said: Ask (whatever you like). Thereupon the Jew said: Where would the human beings be on the Daywhen the earth would change into another earth and the heavens too (would change into other heavens)? The Messenger of Allah (may peace be upon him) said: They would be in darkness beside the Bridge. He (the Jew) again said: Who amongst people would be the first to cross (this bridge).? He said: They would be the poor amongst the refugees. The Jew said: What would constitute their breakfast when they would enter Paradise? He (the Holy Prophet) replied: A caul of the fish-liver. He (the Jew) said. What would be their food alter this? He (the Holy Prophet) said: A bullockwhich was fed in the different quarters of Paradise would be slaughtered for them. He (the Jew) said: What would be their drink? He (the Holy Prophet) said: They would be given drink from the fountain which is named" Salsabil". He (the Jew) said: I have come to ask you about a thing which no one amongst the people on the earth knows except an apostle or one or two men besides him. He (the Holy Prophet) said: Would it benefit you if I tell you that? He (the Jew) said: I would lend ears to that. He then said: I have come to ask you about the child. He (the Holy Prophet) said: The reproductive substance of man is white and that of woman (i. e. ovum central portion) yellow, and when they have sexual intercourse and the male's substance (chromosomes and genes) prevails upon the female's substance (chromosomes and genes), it is the male child that is created by Allah's Decree, and when the substance of the female prevails upon the substance contributed by the male, a female child is formed by the Decree of Allah. The Jew said: What you have said is true; verily you are an Apostle. He then returned and went away. The Messenger of Allah (may peace be upon him) said: He asked me about such and such things of which I have had no knowledge till Allah gave me that.
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We were sitting around the Messenger of Allah (may peace and blessings be upon him). Abu Bakr and Umar were also there among the audience. In the meanwhile the Messenger of Allah got up and left us, He delayed in coming back to us, which caused anxiety that he might be attacked by some enemy when we were not with him; so being alarmed we got up. I was the first to be alarmed. I, therefore, went out to look for the Messenger of Allah (may peace and blessings be upon him) and came to a garden belonging to the Banu an?Najjar, a section of the Ansar went round it looking for a gate but failed to find one. Seeing a rabi' (i. e. streamlet) flowing into the garden from a well outside, drew myself together, like a fox, and slinked into (the place) where God's Messenger was. He (the Holy Prophet) said: Is it Abu Huraira? I (Abu Huraira) replied: Yes, Messenger of Allah. He (the Holy Prophet) said: What is the matter with you? replied: You were amongst us but got up and went away and delayed for a time, so fearing that you might be attacked by some enemy when we were not with you, we became alarmed. I was the first to be alarmed. So when I came to this garden, I drew myself together as a fox does, and these people are following me. He addressed me as Abu Huraira and gave me his sandals and said: Take away these sandals of mine, and when you meet anyone outside this garden who testifies that there is no god but Allah, being assured of it in his heart, gladden him by announcing that he shall go to Paradise. Now the first one I met was Umar. He asked: What are these sandals, Abu Huraira? I replied: These are the sandals of the Messenger of Allah with which he has sent me to gladden anyone I meet who testifies that there is no god but Allah, being assured of it in his heart, with the announcement that he would go to Paradise. Thereupon 'Umar struck me on the breast and I fell on my back. He then said: Go back, Abu Huraira, So I returned to the Messenger of Allah (may peace be upon him), and was about to break into tears. 'Umar followed me closely and there he was behind me. The Messenger of Allah (may peace and blessings be on him) said: What is the matter with you, Abu Huraira? I said: I happened to meet 'Umar and conveyed to him the message with which you sent me. He struck me on my breast which made me fall down upon my back and ordered me to go back. Upon this the Messenger of Allah (may peace be upon him) said: What prompted you to do this, 'Umar? He said: Messenger of Allah, my mother and father be sacrificed to thee, did you send Abu Huraira with your sandals to gladden anyone he met and who testified that there is no god but Allah, and being assured of it in his heart, with the tidings that he would go to Paradise? He said: Yes. Umar said: Please do it not, for I am afraid that people will trust in it alone; let them go on doing (good) deeds. The Messenger of Allah (may peace be upon him) said: Well, let them.
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Malik said, "The best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured, he surrenders him. The master does not have to do more than surrender his slave." Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said, "If any of them does an injury involving blood-money, he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay, they are confirmed in their kitaba. If they do not pay, and they are incapable then their master has an option. If he wishes, he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes, he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused." Malik said, "The way of doing things about which there is no dispute among us, is that when a mukatab is injured in some way which entails blood-money or one of the mukatab's children who is written with him in the kitaba is injured, their blood-money is the blood-money of slaves of their value, and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury." Malik said, "The explanation of that is say, for example, he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams, he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba, the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood-money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed, with a hand cut off, or crippled in body. His master only wrote his kitaba against his property and earnings, and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba, or their kitaba is written, to the master and he takes it into account for him at the end of his kitaba."
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that the Messenger of Allah (saw) said: "I was brought an animal that was larger than a donkey and smaller than a mule, whose stride could reach as far as it could see. I mounted it, and Jibril was with me, and I set off. Then he said: 'Dismount and pray,' so I did that. He said: 'Do you know where you have prayed? You have prayed in Taibah, which will be the place of the emigration.' Then he said: 'Dismount and pray,' so I prayed. He said: 'Do you know where you have prayed? You have prayed in Mount Sinai, where Allah, the Mighty and Sublime, spoke to Musa, peace be upon him.' Then he said: 'Dismount and pray.' So I dismounted and prayed, and he said: 'Do you know where you have prayed? You have prayed in Bethlehem, where 'Eisa, peace be upon him, was born.' Then I entered Bait Al-Maqdis (Jerusalem) where the Prophets, peace be upon them, were assembled for me, and Jibrail brought me forward to lead them in prayer. Then I was taken up to the first heaven, where I saw Adam, peace be upon him. Then I was taken up to the second heaven where I saw the maternal cousins 'Eisa and Yahya, peace be upon them. Then I was taken up to the third heaven where I saw Yusuf, peace be upon him. Then I was taken up to the fourth heaven where I saw Harun, peace be upon him. Then I was taken up to the fifth heaven where I saw Eidris, peace be upon him. Then I was taken up to the sixth heaven where I saw Musa, peace be upon him. Then I was taken up to the seventh heaven where I saw Ibrahim, peace be upon him. Then I was taken up above the seven heavens and we came to Sidrah Al-Muntaha and I was covered with fog. I fell down prostrate and it was said to me: '(Indeed) The day I created the heavens and the Earth, I enjoined upon you and your Ummah fifty prayers, so establish them, you and your Ummah.' I came back to Ibrahim and he did not ask me about anything, then I came to Musa and he said: 'How much did your Lord enjoin upon you and your Ummah?' I said: 'Fifty prayers.' He said: 'You will not be able to establish them, neither you nor your Ummah. Go back to your Lord and ask Him to reduce it.' So I went back to my Lord and He reduced by ten. Then I came to Musa and he told me to go back, so I went back and He reduced it by ten. Then I came back to Musa and he told me to go back, so I went back and He reduced it by ten. Then it was reduced to five prayers. He (Musa) said: 'Go back to your Lord and ask Him to reduce it, for two prayers were enjoined upon the Children of Israel but they did not establish them.' So I went back to my Lord and asked Him to reduce it, but He said: 'The day I created the heavens and the Earth, I enjoined fifty prayers upon you and your Ummah. Five is for fifty, so establish them, you and your Ummah.' I knew that this was what Allah, the Mighty and Sublime, had determined so I went back to Musa, peace be upon him, and he said: 'Go back.' But I knew that it was what Allah had determined, so I did not go back." (Hasan)
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Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, ''Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn Utba ibn Rabia, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn Utba ibn Rabia, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their true fathers. That is more equitable in the sight of Allah. If you do not know who their fathers were then they are your brothers in the deen and your mawali,' (Sura 33 ayat 5) people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla. "Sahla bint Suhayl who was the wife of Abu Hudhayfa, and one of the tribe of Amr ibn Luayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me while I am uncovered. We only have one room, so what do you think about the situation?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will be mahram by it.' She then saw him as a foster son. A'isha umm al-muminin took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No! By Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only an indulgence concerning the nursing of Salim alone. No! By Allah! No one will come in upon us by such nursing!' "This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."
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Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that." Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind." Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held." Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque. Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret." Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter." Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do itikaf is concerned. Itikaf is an act of ibada like the prayer, fasting, the hajj, and such like acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised itikaf, and the muslims know what the sunna of itikaf is." Malik said, "Itikaf and jiwar are the same, and Itikaf is the same for a village-dweller as it is for a nomad."
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that the Messenger of Allah (saw) said: "The believers will be gathered on the Day of Resurrection, inspired or worried." - Saeed was not sure - "And they will say: If we seek someone to intercede for us with our Lord, we may find relief from our situation. So they will go to Adam and will say: You are Adam, the father of mankind. Allah created you with His Hand and His angels prostrated to you. Intercede for us with your Lord, that He might grant us relief from our situation. He will say: I am not the one, and he will mention to them and complain of the sin that he committed. He will feel too shy to do that (and will say): Rather go to Nuh, for he is the first Messenger whom Allah sent to the people of earth. So they will go to him, but he will say: I am not the one, and he will mention of how he asked of Allah that of which he had no knowledge.* He will feel too shy to do that (and will say): Rather go to the Close Friend of the Most Merciful, Ibrahim. So they will go to him and he will say: I am not the one. Rather go to Musa, a slave to whom Allah spoke and to whom He gave the Torah. So they will go to him and he will say: I am not the one, and he will mention how he killed a soul, not in retaliation for murder (and will say): Rather go to Isa, the slave of Allah and His Messenger, the Word of Allah and a spirit created by Him. So they will go to him, but he will say: I am not the one. Rather go to Muhammad, a slave whose past and future sins Allah forgave. So they will come to me and I will go with them." - There was a similar report from Hasan who added (the Prophet (saw) said:) And I will walk between two rows of the believers." Then he went back to the Hadith of Anas. - And he said: "And I will ask my Lord for permission and permission will be given to me. When I see Him I will fall down prostrating, and I will be left as long as Allah wills to leave me. Then it will be said: Get up, O Muhammad. Speak, you will be heard; ask, you will be given; intercede, your intercession will be accepted. I will praise Him with praise that He will teach me, then I will intercede, and a limit will be set. Then they will be admitted to Paradise, and I will come back a second time. When I see Him I will fall down prostrating, and I will be left as long as Allah wills to leave me. Then it will be said: Get up, O Muhammad. Speak, you will be heard; ask, you will be given; intercede, your intercession will be accepted. I will praise Him with praise that He will teach me, then I will intercede, and a limit will be set. Then they will be admitted to Paradise, and I will come back a third time. When I see Him I will fall down prostrating, and I will be left as long as Allah wills to leave me. Then it will be said: Get up, O Muhammad. Speak, you will be heard; ask, you will be given; intercede, your intercession will be accepted. I will praise Him with praise that He will teach me, then I will intercede, and a limit will be set. Then they will be admitted to Paradise, and I will come back a fourth time and will say: O Lord, there is no one left except those who are detained by the Quran." **
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