كتاب النكاحMarriage

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.

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."

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.

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."

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."

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."

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."

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."

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."

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.

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."

Yahya 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 .' "

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."

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).

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.