Yahya related to me from Malik from Muhammad ibn Yahya
ibn Habban from al-Araj from Abu Hurayra that the
Messenger of Allah, may Allah bless him and grant him
peace, said, "Do not ask for a woman in marriage when
another muslim has already done so."
Yahya related to me from Malik from Nafi from Abdullah
ibn Umar that the Messenger of Allah, may Allah bless him
and grant him peace, said, "Do not ask for a woman in
marriage when another muslim has already done so."
Malik said, "The explanation of the statement of the
Messenger of Allah, may Allah bless him and grant him
peace, according to what we think - and Allah knows best -
is that 'Do not ask for a woman in marriage when another
muslim has already done so' means that when a man has
asked for a woman in marriage, and she has inclined to him
and they have agreed on a bride-price, which she has
suggested and with which they are mutually satisfied, it
is forbidden for another man to ask for that woman in
marriage. It does not mean that when a man has asked for a
woman in marriage, and his suit does not agree with her
and she does not incline to him that no one else can ask
for her in marriage. That is a door to misery for people."
Yahya related to me from Malik from Abd ar-Rahman ibn
al-Qasim that his father said about the word of Allah, the
Blessed, the Exalted, "There is no fault in you about the
proposal you offer to women, or hide in yourselves. Allah
knows that you will be mindful of them; but do not make
troth with them secretly without honourable words," (Sura
2 ayat 235) that it referred to a man saying to a woman
while she was still in her idda after the death of her
husband, "You are dear to me, and I desire you, and Allah
brings provision and blessing to you," and words such as
these.
Section: Asking Consent of Virgins and Women Previously
Married for their Persons
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 that he had heard that
Said ibn al-Musayyab had said that Umar ibn al-Khattab
said, "A woman is only married with the consent of her
guardian, someone of her family with sound judgement or
the Sultan.
Yahya related to me from Malik that he had heard that
al-Qasim ibn Muhammad and Salim ibn Abdullah were marrying
off their daughters and they did not consult them.
Malik said, "That is what is done among us about the
marriage of virgins."
Malik said, "A virgin has no right to her property
until she enters her house and her state (competence,
maturity etc.) is known for sure."
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 Malik from Abu
Hazim ibn Dinar from Sahl ibn Sad as-Saidi that a woman
came to the Messenger of Allah, may Allah bless him and
grant him peace, and said, "Messenger of Allah! I have
given myself to you." She stood for a long time, and then
a man got up and said, "Messenger of Allah, marry her to
me if you have no need of her." The Messenger of Allah,
may Allah bless him and grant him peace, said, "Do you
have anything to give her as a bride-price?" He said, "I
possess only this lower garment of mine." The Messenger of
Allah, may Allah bless him and grant him peace, said, "If
you give it to her you will not have a garment to wear so
look for something else." He said, "I have nothing else."
He said, "Look for something else, even if it is only an
iron ring." He looked, and found that he had nothing. The
Messenger of Allah, may Allah bless him and grant him
peace, said, "Do you know any of the Qur'an?" He said,
"Yes. I know such-and-such a sura and such-and-such a sura,"
which he named. The Messengerof Allah, may Allah bless him
and grant him peace, said to him, "I have married her to
you for what you know of the Qur'an."
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 the
daughter of Ubaydullah ibn Umar whose mother was the
daughter of Zayd ibn al-Khattab, married the son of
Abdullah ibn Umar. He died and had not yet consummated the
marriage or specified her bride-price. Her mother wanted
the bride-price, and Abdullah ibn Umar said, "She is not
entitled to a bride-price. Had she been entitled to a
bride-price, we would not have kept it and we would not do
her an injustice. "The mother refused to accept that. Zayd
ibn Thabit was brought to adjudicate between them and he
decided that she had no bride-price, but that she did
inherit.
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 from Yahya ibn Said from
Said ibn al-Musayyab that 'Umar ibn al-Khattab decided
about the woman who was married by a man and the marriage
had been consummated, that the bride-price was obligatory.
Yahya related to me from Malik from Ibn Shihab that
Zayd ibn Thabit said, "When a man takes his wife to his
house and co-habits with her then the bride-price is
obliged."
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab said, "When a man comes to his wife
in her room, he is believed. When she comes to him in his
room, she is believed."
Malik commented, "I think that this refers to sexual
intercourse. When he comes in to her in her room and she
says, 'He has had intercourse with me' and he says, 'I
have not touched her', he is believed. When she comes in
to him in his room and he says, 'I have not had
intercourse with her' and she says, 'He had intercourse
with me', she is believed."
28.5 Wedding Nights of Virgins and Women Previously
Married
Section: Wedding Nights of Virgins and Women Previously
Married
Yahya related to me from Malik from Abdullah ibn Abi
Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn
Abi Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham al-Makhzumi
from his father that when the Messenger of Allah, may
Allah bless him and grant him peace, married Umm Salama
and then spent the night with her, he said to her, "You
are not being humbled in your right. If you wish, I will
stay with you for seven nights as I stayed seven nights
with the others. If you wish, I will stay with you for
three nights, and then visit the others in turn." She
said, "Stay three nights."
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."
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab was asked about a woman who made a
stipulation on her husband not to take her away from her
town. Said ibn al-Musayyab said, "He takes her away if he
wishes."
Malik said, "The custom among us is that when a man
marries a woman, and he makes a condition in the marriage
contract that he will not marry after her or take a
concubine, it means nothing unless there is an oath of
divorce or setting-free attached to it. Then it is obliged
and required of him."
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 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."
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.
Section: Combinations of Women Not to be Married
Together
Yahya related to me from Malik from Abu'z-Zinad from
al-Araj from Abu Hurayra that the Messenger of Allah, may
Allah bless him and grant him peace, said "One cannot be
married to a woman and her paternal aunt, or a woman and
her maternal aunt at the same time."
Yahya related to me from Malik from Yahya ibn Said that
Said ibn al-Musayyab said, "It is forbidden to be married
to a woman and her paternal or maternal aunt at the same
time, and for a man to have intercourse with a female
slave who is carrying another man's child."
Section: Prohibition against Marrying Mothers of Wives
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."
Yahya related to me from Malik from more than one
source that when Abdullah ibn Masud was in Kufa, he was
asked for an opinion about marrying the mother after
marrying the daughter when the marriage with the daughter
had not been consummated. He permitted it. When Ibn Masud
came to Madina, he asked about it and was told that it was
not as he had said, and that this condition referred to
foster-mothers. Ibn Masud returnedto Kufa,and he had just
reached his dwelling when the man who had asked him for
the opinion came to visit and he ordered him to separate
from his wife.
Malik said that if a man married the mother of a woman
who was his wife and he had sexual relations with the
mother then his wife was haram for him, and he had to
separate from both of them. They were both haram to him
forever, if he had had sexual relations with the mother.
If he had not had relations with the mcther, his wife was
not haram for him, and he separated from the mother.
Malik explained further about the man who married a
woman, and then married her mother and cohabited with her,
"The mother will never be halal for him, and she is not
halal for his father or his son, and any daughters of hers
are not halal for him and so his wife is haram for him."
Malik said, "Fornication however, does not make any of
that haram because Allah, the Blessed, the Exalted,
mentioned 'the mothers of your wives,' as one whom
marriage made haram, and he didn't mention the making
haram by fornication. Every marriage in a halal manner in
which a man cohabits with his wife, is a halal marriage.
This is what I have heard, and this is how things are done
among us."
Section: Marriage to Mothers of Women with Whom One has
had Sexual Relations in a Disapproved Manner
Malik said that a man who had committed fornication
with a woman and the hadd-punishment had been applied to
him for it, could marry that woman's daughter and his son
could marry the woman herself if he wished. That was
because he had haram relations with her, and the relations
Allah had made haram were from the relations made in a
halal manner or in a manner resembling marriage. Allah,
the Blessed, the Exalted, said, "Do not marry the women
your fathers have married. " (Sura 4 ayat 21)
Malik said, "If a man were to marry a woman in her idda-period
in a halal marriage and have relations with her, it would
be haram for his son to marry the woman. That is because
the father married her in a halal manner, and the hadd-punishment
would not have been applied to him. Any child who was born
to him would be attached to him as the father. Just as it
would be haram for the son to marry a woman whom his
father had married in her idda-period and had relations
with, so the woman's daughter would be haram for the
father if he had had sexual relations with her."
Section: What is Not Permitted in Marriage in General
Yahya related to me from Malik from Nafi from Abdullah
ibn Umar that the Messenger of Allah, may Allah bless him
and grant him peace, forbade shighar, which meant one man
giving his daughter in marriage to another man on the
condition that the other gave his daughter to him in
marriage without either of them paying the bride-price.
Yahya related to me from Malik from Abd ar-Rahman ibn
al-Qasim from his father from Abd ar-Rahman and Mujamma
the sons of Yazid ibn Jariya al-Ansari from Khansa bint
Khidam al-Ansariya that her father gave her in marriage
and she had been previously married. She disapproved of
that, and went to the Messenger of Allah, may Allah bless
him and grant him peace, and he revoked the marriage.
Yahya related to me from Malik from Abu'z-Zubayr al-Makki
that a case was brought to Umar about a marriage which had
only been witnessed by one man and one woman . He said,
"This is a secret marriage and I do not permit it. Had I
been the first to come upon it, I would have ordered them
to be stoned."
Yahya related to me from Malik from Ibn Shihab from
Said ibn al-Musayyab and from Sulayman ibn Yasar that
Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He
divorced her, and she got married in her idda-period. Umar
ibn al-Khattab beat her and her husband with a stick
several times, and separated them. Then Umar ibn al-Khattab
said, "If a woman marries in her idda-period, and the new
husband has not consummated the marriage, then separate
them, and when she has completed the idda of her first
husband, the other becomes a suitor. If he has consummated
the marriage then separate them. Then she must complete
her idda from her first husband, and then the idda from
the other one, and they are never to be reunited."
Malik added, ''Said ibn al-Musayyab said that she had
her dowry because he had consummated the marriage."
Malik said,"The practice with us concerning a free
woman whose husband dies, is that she does an idda of four
months and ten days and she does not marry if she doubts
her period until she is free of any doubt or if she fears
that she is pregnant."
Section: Marrying Slaves when already Married to Free
Women
Yahya related to me from Malik that he had heard that
Abdullah ibn Abbas and Abdullah ibn Umar were asked about
a man who had a free woman as a wife and then wanted to
marry a slave-girl. They disapproved that he should
combine the two of them.
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."
Section: A Man's Owning a Slave Whom He has Married and
then Divorced
Yahya related to me from Malik from Ibn Shihab from Abu
Abd ar-Rahman that Zayd ibn Thabit said that if a man
divorced his slave-girl three times and then bought her,
she was not halal for him until she had married another
husband.
Yahya related to me from Malik that he had heard that
Said ibn al-Musayyab and Sulayman ibn Yasar were asked
whether, when a man married a slave of his to a slave-girl
and the slave divorced her irrevocably, and then her
master gave her to the slave, she was then halal for the
slave by the possession of the right hand. They said, "No.
She is not halal until she has married another husband."
Yahya related to me from Malik that he had asked Ibn
Shihab about a man who had a slave-girl as a wife, and
then he bought her, and divorced her once. He said, "She
is halal for him by the possession of the right hand as
long as he does not make his divorce irrevocable. If he
irrevocably divorces her, she is not halal for him by the
possession of the right hand until she has married another
husband."
Malik said that if a man rnarried a female slave and
then she had a child by him, and then he bought her, she
was not an umm walad for him because of the child born to
him while she belonged to another, until she had had a
child by him while she was in his possession after he had
purchased her.
Malik said, "If he buys her and she is pregnant by him
and she then gives birth while she belongs to him, she is
his umm walad by that pregnancy, according to what we
think, and Allah knows best."
Section: Reprehensibility of Intercourse with Two
Sisters or a Mother and Daughter that One Owns
Yahya related to me from Malik from Ibn Shihab from
Ubaydullah ibn Abdullah ibn Utba ibn Masud from his father
that Umar ibn al-Khattab was asked about a woman and her
daughter who were in the possession of the right hand, and
whether one could have intercourse with one of them after
the other Umar said, "I dislike both being permitted
together." He then forbade that.
Yahya related to me from Malik from Ibn Shihab from
Qabisa ibn Dhu'ayb that a man asked Uthman ibn Affan
whether one could have intercourse with two sisters who
one owned. Uthman said, "One ayat makes them halal, and
one ayat makes them haram. As for me, I wouldn't like to
do it." The man left him and met one of the companions of
the Messenger of Allah, may Allah bless him and grant him
peace, and asked him about it, and he said, "Had I any
authority and I found someone who had done it, I would
punish him as an example."
Ibn Shihab added, "I think that it was Ali ibn Abi
Talib. "
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.
Section: Prohibition against Intercourse with a
Slave-Girl who Belonged to One's Father
Yahya related to me from Malik that he had heard that
Umar ibn al-Khattab gave his son a slave-girl and said,
"Do not touch her, for I have uncovered her."
Yayha related to me from Malik that Abd arRahman ibn
al-Mujabbir said that Salim ibn Abdullah gave his son a
slave-girl and said, "Do not go near her, for I wanted
her, and did not act towards her."
Yahya related to me from Malik from Yahya ibn Said that
Abu Nahshal ibn al-Aswad said to al-Qasim ibn Muhammad,"I
saw a slave-girl of mine uncovered in the moonlight, and
so I sat on her as a man sits on a woman. She said that
she was menstruating, so I stood up and have not gone near
her after that. Can I give her to my son to have
intercourse with?" Al-Qasim forbade that.
Yahya related to me from Malik from Ibrahim ibn Abi
Abla from Abd al-Malik ibn Marwan that he gave a
slave-girl to a friend of his, and later asked him about
her. He said, "I intended to give her to my son to do
such-and-such with her." Abd al-Malik said, "Marwan was
more scrupulous than you. He gave a slave-girl to his son,
and then he said, 'Do not go near her, for I have seen her
leg uncovered .' "
Section: Prohibition against Marrying Slave-Girls of the
People of the Book
Malik said, "It is not halal to marry a christian or
jewish slave-girl because Allah the Blessed, the Exalted,
said in His Book, 'Believing women who are muhsanat and
women of those who were given the Book before you who are
muhsanat', (sura 5 ayat 6) and they are free women from
the Christians and Jews. Allah, the Blessed, the Exalted,
said in His Book, 'If you are not affluent enough to marry
believing women who are muhsanat, take believing
slave-girls whom your right hands own.' " (Sura 4 ayat 24)
Malik said, "In our opinion, Allah made marriage to
believing slave-girls halal, and He did not make halal
marriage to christian and jewish slave-girls from the
People of the Book."
Malik said, "The christian and jewish slave-girl are
halal for their master by right of possession, but
intercourse with a magian slave-girl is not halal by the
right of possession."
Yahya related to me from Malik from Ibn Shihab that
Said ibn al-Musayyab said, "The muhsanat among women are
those who have husbands." That referred to the fact that
Allah has made fornication haram.
Yahya related to me from Malik from Ibn Shihab, and he
had heard from al-Qasim ibn Muhammad that they said, "When
a free man marries a slave-girl and consummates the
marriage, she makes him muhsan."
Malik said, "All (of the people of knowledge) I have
seen said that a slave-girl makes a free man muhsan when
he marries her and consummates the marriage."
Malik said, "A slave makes a free woman muhsana when he
consummates a marriage with her and a free woman only
makes a slave muhsan when he is freed and he is her
husband and has had sexual relations with her after he has
been set free. If he parts from her before he is free, he
is not a muhsan unless he marries her after having been
set free and he consummates the marriage."
Malik said, "When a slave-girl is married to a free man
and then he separates from her before she is set free, his
marriage to her does not make her muhsana. She is not
muhsana until she has married after she has been set free
and she has had intercourse with her husband. That gives
her ihsan. If she is the wife of a freeman and then she is
set free while she is his wife before he separates from
her, the man makes her muhsana if he has intercourse with
her after she has been set free."
Malik said, "The christian and jewish free women and
the muslim slave-girl all make a muslim free man muhsan
when he marries one of them and has intercourse with her."
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.
Yahya related to me from Malik from Ibn Shihab from
Urwa ibn az-Zubayr that Khawla ibn Hakim came to Umar ibn
al-Khattab and said, ''Rabia ibn Umayya made a temporary
marriage with a woman and she is pregnant by him.'' Umar
ibn al-Khattab went out in dismay dragging his cloak,
saying, "This temporary marriage, had I come across it, I
would have ordered stoning and done away with it! "
Yahya related to me from Malik that he heard Rabia ibn
Abd ar-Rahman say that a slave could marry four women.
Malik said, "This is the best of what I have heard
about the matter."
Malik said, "The slave differs with the muhallil if the
slave is given permission by his master for his ex-wife.
If his master does not give him permission, he separates
them. The muhallil is separated in any case if he intends
to make the woman halal by marriage."
Malik said, "When a slave is owned by his wife or a
husband owns his wife, the possession of each of them is
rendered void without divorce. If a man, for instance, is
married to a slave-girl, and then he buys her, he must
divorce her as a matter of course. They can then re-marry.
If they re-marry afterwards, that separation was not
divorce."
Malik said, "When a slave is freed by his wife who owns
him and she is in the idda-period from him, they can only
return to each other after she has made another marriage."
Section: Marriage of Idol Worshippers when their Wives
become Muslim before Them
Malik related to me from Ibn Shihab that he had heard
that in the time of the Messenger of Allah, may Allah
bless him and grant him peace, women were becoming muslim
in their own lands and they did not do hijra while their
husbands were still kafirun although they themselves had
become muslim. Among them was the daughter of al-Walid ibn
al-Mughira and she was the wife of Safwan ibn Umayya. She
became muslim on the day of the conquest (of Makka), and
her husband, Safwan ibn Umayya fled from Islam. The
Messenger of Allah, may Allah bless him and grant him
peace, sent Safwan's paternal cousin, Wahb ibn Umayr with
the cloak of the Messenger of Allah, may Allah bless him
and grant him peace, as a safe-conduct for Safwan ibn
Umayya, and the Messenger of Allah, may Allah bless him
and grant him peace, called him to Islam and asked for him
to come to him and if he was pleased with the matter to
accept it. If not he would have a respite for two months.
When Safwan came to the Messenger of Allah, may Allah
bless him and grant him peace, with his cloak, he called
out to him over the heads of the people, "Muhammad! Wahb
ibn Umayr brought me your cloak and claimed that you had
summoned me to come to you and if I was pleased with the
matter, I should accept it and if not, you would give me a
respite for two months. "The Messenger of Allah, may Allah
bless him and grant him peace, said, "Come down, Abu
Wahb." He said, "No, by Allah! I will not come down until
you make it clear to me." The Messenger of Allah, may
Allah bless him and grant him peace, said, "You have a
respite of four months." The Messenger of Allah, may Allah
bless him and grant him peace, went out toward Hawazin at
Hunayn. He sent to Safwan ibn Umayya to borrow some
equipment and arms that he had. Safwan said, "Willingly or
unwillingly?" He said, "Willingly." Therefore he lent him
the equipment and arms which he had. Then Safwan went out
with the Messenger of Allah, may Allah bless him and grant
him peace, while he was still a kafir. He was present at
the battles of Hunayn and at-Ta'if while he was still a
kafir and his wife was a muslim. The Messenger of Allah,
may Allah bless him and grant him peace, did not separate
Safwan and his wife until he had become muslim, and his
wife was settled with him by that marriage.
Yahya related to me from Malik that Ibn Shihab said,
"Between the Islam of Safwan and the Islam of his wife
there was about one month."
Ibn Shihab said, "We have not heard about any woman
doing hijra for Allah and His Messenger while her husband
was a kafir abiding in the land of kufr, but that her
hijra separated her and her husband unless her husband
came in hijra before her period of idda had been
completed."
Yahya related to me from Malik from Ibn Shihab that Umm
Hakim bint al-Harith ibn Hisham who was the wife of Ikrima
ibn Abi Jahl became muslim on the day of the conquest of
Makka, and her husband Ikrima fled from Islam as far as
the Yemen. Umm Hakim set out after him until she came to
him in the Yemen and she called him to Islam, and he
became muslim. He went to the Messenger of Allah, may
Allah bless him and grant him peace, in the year of the
conquest. When the Messenger of Allah, may Allah bless him
and grant him peace, saw him, he rushed to him in joy and
did not bother to put on his cloak until he had made the
pledge with him. They were confirmed in their marriage.
Malik said, "If a man becomes muslim before his wife, a
separation occurs between them when he presents Islam to
her and she does not become muslim, because Allah, the
Blessed, the Exalted, said in His Book, 'Do not hold fast
to the ties of women who are kafirun.' "
Yahya related to me from Malik from Humayd at-Tawil
from Anas ibn Malik that Abd ar-Rahman ibn Awf came to the
Messenger of Allah, may Allah bless him and grant him
peace, and he had a traceof yellow on him. The Messenger
of Allah, may Allah bless him and grant him peace, asked
about it. He told him that he had just been married. The
Messenger of Allah, may Allah bless him and grant him
peace, said, "How much did you hand over to her?" He said,
"The weight of a date pit in gold." The Messenger of
Allah, may Allah bless him and grant him peace, said to
him, "Hold a feast, even if it is only with a sheep.
Yahya related to me from Malik that Yahya ibn Said
said, "I have heard that the Messenger of Allah, may Allah
bless him and grant him peace, held a wedding feast in
which there was neither meat nor bread."
Yahya related to me from Malik from Nafi from Abdullah
ibn Umar that the Messenger of Allah, may Allah bless him
and grant him peace, said, "When you are invited to a
wedding feast, you must go to it."
Yahya related to me from Malik from Ibr. Shihab from
al-Araj that Abu Hurayra said, "The worst food is the food
of a wedding feast to which the rich are invited and the
poor are left out. If anyone rejects an invitation, he has
rebelled against Allah and His Messenger."
Yahya related to me from Malik that Ishaq ibn Abdullah
ibn Abi Talha heard Anas ibn Malik say that a certain
tailor invited the Messenger of Allah, may Allah bless him
and grant him peace, to eat some food which he had
prepared.
Anas said, "I went with the Messenger of Allah, may
Allah bless him and grant him peace, to eat the food. He
served barley bread and a soup with pumpkin in it. I saw
the Messenger of Allah, may Allah bless him and grant him
peace, going after the pumpkin around the dish, so I have
always liked pumpkin since that day."
Yahya related to me from Malik from Zayd ibn Aslam that
the Messenger of Allah, may Allah bless him and grant him
peace, said, "When you marry a woman or buy a slave-girl,
take her by the forelock and ask for baraka. When you buy
a camel, take the top of its hump, and seek refuge with
Allah from Shaytan."
Yahya related to me from Malik from Abu'z-Zubayr
al-Makki that somebody asked a man for his sister in
marriage and the man mentioned that she had committed
fornication. Umar ibn al-Khattab heard about it and he
beat the man or almost beat him, and said, "What did you
mean by giving him such information?"
Yahya related to me from Malik from Rabia ibn Abi Abd
ar-Rahman that al-Qasim ibn Muhammad and Urwa ibn
az-Zubayr said that a man who had four wives and then
divorced one of them irrevocably, could marry straightaway
if he wished, and he did not have to wait for the
completion of her idda.
Yahya related to me from Malik from Rabia ibn Abd
ar-Rahman that al-Qasim ibn Muhammad and Urwa ibn
az-Zubayr gave the same judgement to al-Walid ibn Abd
al-Malik in the year of his arrival in Madina except that
al-Qasim ibn Muhammad said that he divorced his wife on
various occasions. (i.e. not at one time).
Yahya related to me from Malik from Yahya ibn Said that
Said ibn al-Musayyab said, "There are three things in
which there is no jest: marriage, divorce, and setting
free."
Yahya related to me from Malik from Ibn Shihab that
Rafi ibn Khadij married the daughter of Muhammad ibn
Maslama al-Ansari. She was with him until she grew older,
and then he married a young girl and preferred the young
girl to her. She begged him to divorce her, so he divorced
her and then he gave her time until she had almost
finished her idda period and then he returned and still
preferred the young girl. She therefore asked him to
divorce her. He divorced her once, and then returned to
her, and still preferred the young girl, and she asked him
to divorce her. He said, "What do you want? There is only
one divorce left. If you like, continue and put up with
what you see of preference, and if you like, I will
separate from you." She said, "I will continue in spite of
the preference." He kept her in spite of that. Rafi did
not see that he had done any wrong action when she
remained with him in spite of preference.