Asking for Someone's Hand in Marriage
1 Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban from al-A'raj
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."
[In Bukhari and ash-Shafi'i]
2 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."
[In Bukhari and ash-Shafi'i]
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, the
Blessed, the Exalted, 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 and are mutually satisfied (with the arrangement), and she has made
any conditions for herself, 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."
3 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim that his
father said about the words of Allah, the Blessed, the Exalted, "Nor is there
anything wrong in any allusion to marriage you make to a woman, nor for any you
keep to yourself. Allah knows that you will say things to them. But do not make
secret arrangements with them, rather only speak with correctness and courtesy,"
(2:235) 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 such words as
these.
28.2 Asking the Consent of Virgins and Women Previously Married
4 Malik related to me from 'Abdullah ibn al-Fadl from Nafi' ibn Jubayr ibn
Mut'im 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 and her silence is her consent."
[In Muslim]
5 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab
had said that 'Umar ibn al-Khattab said, "A woman is only married with the
consent of either her guardian or someone of her family with sound judgment or
the ruler."
6 Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad
and Salim ibn 'Abdullah would marry off their virgin daughters without
consulting 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."
7 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, "It is binding on her."
28.3 The Bride-Price and Unreturnable Gifts
8 Yahya related to me from Malik from Malik from Abu Hazim ibn Dinar from
Sahl ibn Sa'd as-Sa'idi 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 Messenger of 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."
[In Bukhari and Muslim]
9 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id 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 in entitled to damages against her guardian."
Malik said, "The husband is entitled to damages against her guardian hwen 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."
10 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.
11 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, giving someone in marriage, makes a condition in the way of
unreturnable gift or 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 himself. The marriage was affirmed for the son if he
was a minor and was under the guardianship of his father.
Malik said this 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 was because Allah, the Blessed, the Exalted, says in His
Book, "unless they (women with whom he had not consummated marriage) forgo it
or the one in charge of the marriage contract forgoes it." (2:237) (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 was
not owed any 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."
28.4 Consummating the Marriage
12 Yahya related to me from Malik from Yahya ibn Sa'd from Sa'id ibn al-Musayyab
that 'Umar ibn al-Khattab decided in the case of a woman who was married by a
man and the marriage had been consummated that the bride-price was obligatory.
13 Yahya related to me from Malik from Ibn Shihab that Zayd ibn Thabit said,
"When a man takes his wife to his house and cohabits with her, then the
bride-price is obliged."
Yahya related to me from Malik that he had heard that Sa'id 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 into 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 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
14 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad
ibn 'Amr ibn Hazim 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 and stay seven nights (each) 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."
[In Muslim]
15 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."
[In Bukhari and Muslim]
Malik affirmed, "That is what is done among us."
Malik said, "If a man takes 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."
28.6 Stipulations Not Permitted in Marriage
16 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab
was asked about a woman who made a stipulation on her husband not to take her
away from her town. Sa'id ibn al-Musayyab said, "He takes her away if she
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."
28.7 Marriage of the Muhallil and its Like
17 Yahya related to me from Malik from al-Miswar ibn Rifa'a al-Quradhi from
az-Zubayr ibn 'Abd ar-Rahman ibn az-Zubayr that Rifa'a 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. She then married 'Abd ar-Rahman ibn
az-Zubayr and he turned from her and could not consummate the marriage and so he
parted from her. Rifa'a 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."
[In Bukhari and Muslim]
18 Yahya related to me from Malik from Yahya ibn Sa'id 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."
19 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 had died before
consummating the marriage, al-Qasim ibn Muhammad said, "It is not halal for the
first husband to return to her."
Malik said that the muhallil could not remain in such a marriage so as
to allow a new marriage. If he had intercourse with her in that marriage, she
kept her dowry.
28.8 Combinations of Women Not to be Married Together
20 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu
Hurayra that the Messenger of Allah, may Allah bless him and grant him peace,
said, "One can not be married to a woman and her paternal aunt, or a woman and
her maternal aunt at the same time."
[In Bukhari and Muslim]
21 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id 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."
28.9 Prohibition against Marrying Mothers of Wives
22 Yahya related to me from Malik from Yahya ibn Sa'id 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."
23 Yahya related to me from Malik from more than one source that when
'Abdullah ibn Mas'ud 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 Mas'ud 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 Mas'ud returned to 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 mother, 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, mentions 'the mothers of your
wives,' as one whom marriage made haram, and He did not 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."
28.10 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, says, "Do not
marry any women your fathers married." (4:21)
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 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 the mother."
28.11 What is not Permitted in Marriage in General
24 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 means one man giving his daughter in marriage to another man
on the condition that the other gives his daughter to him in marriage without
either of them paying the bride-price.
[In Bukhari and Muslim]
25 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim from his
father from 'Abd ar-Rahman and Mujammi', 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.
[In Bukhari]
26 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."
27 Yahya related to me from Malik from Ibn Shihab from Sa'id 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, "Sa'id ibn al-Musayyab said that she had her dowry because he
had consummated the marriage."
Malik said, "The practice with us concerning a freewoman 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."
28.12 Marrying Slaves When Already Married to Free Women
28 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 freewoman as a wife and
then wanted to marry a slave-girl. They disapproved that he should be married to
both of them.
29 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn
al-Musayyab said, "The slave-girl is not to be married when there is a freewoman
who is a wife unless the freewoman wishes it. If the freewoman complies, she has
two-thirds of the division of time."
Malik said, "A freeman must not marry a slave-girl when he can afford to
marry a freewoman, and he should not marry a slave-girl when he cannot afford a
freewoman unless he fears fornication. That is in His Book, 'If any of you
who do not have the means to marry believing free women (muhsanat), you may
marry believing slavegirls.' (4:24). He says, 'This is for those of you who
are afraid of committing al-'anat.' "
Malik said, "Al-'anat is fornication."
28.13 A Man's Owning a Slave whom He has Married and then Divorced
30 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.
31 Yahya related to me from Malik that he had hear that Sa'id 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."
32 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 married 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 virtue of that
pregnancy according to what we think, and Allah knows best."
28.14 Reprehensibility of Intercourse with Two Sisters or a Mother and
Daughter that One Owns
33 Yahya related to me from Malik from Ibn Shihab from 'Ubaydullah ibn
'Abdullah ibn 'Utba ibn Mas'ud from his father that 'Umar ibn al-Khattab was
asked about a woman and her daughter who were both owned, 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.
34 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 whom one owned. 'Uthman said, "One ayat makes them halal,
and one ayat makes them haram. As for me, I would not 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."
35 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 the 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.
28.15 Prohibition against Intercourse with a Slave-girl who Belonged to
One's Father
36 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 ar-Rahman ibn al-Mujabbar 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."
37 Yahya related to me from Malik from Yahya ibn Sa'id 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.
38 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.'"
28.16 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, says in His Book, 'So are chaste
women (muhsanat) from among the believers and women who are muhsanat among those
given the Book before you,' (5:6), and they are freewomen from the
Christians and Jews. Allah, the Blessed, the Exalted, says in His Book, 'If
any of you who do not have the means to marry believing free women (muhsanat),
you may marry believing slavegirls .' (4:24).'"
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."
28.17 Muhsanat
39 Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al-Musayyab
said, "The muhsanat among women are those who have husbands." That
referred to the fact that Allah has made fornication haram.
40 Yahya related to me from Malik from Ibn Shihab, and he had heard from
al-Qasim ibn Muhammad that they said, "When a freeman marries a slave-girl and
consummates the marriage, she makes him a muhsan."
Malik said, "All (of the people of knowledge) I have seen have said that a
slave-girl makes a freeman muhsan when he marries her and consummates the
marriage."
Malik said, "A slave makes a freewoman muhsana when he consummates a
marriage with her, but a freewoman 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 freeman 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. This accords her the
ihsan status. 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 freewomen and the Muslim slave-girl all
render a Muslim freeman muhsan when he marries one of them and has
intercourse with her."
28.18 Temporary Marriage
41 Yahya related to me from Malik from Ibn Shihab from
'Abdullah and Hasan, the sons of Muhammad ibn 'Ali ibn Abi Talib from their
father, may Allah 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.
[cf Bukhari 3979, and in Muslim]
42 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, "Rabi'a ibn Umayya
contracted 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!"
28.19 Marriage of Slaves
43 Yahya related to me from Malik that he heard Rabi'a 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 merely intends to make the woman halal [for her prior husband] by
virtue of marriage."
Malik said, "When a slave is owned by his wife or a husband owns his wife,
the act of possession by either of them renders marriage 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
contracted another marriage."
28.20 The Marriage of Idol Worshippers when their Wives Become Muslim
before Them
44 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 unbelievers 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 that Makka was conquered, 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 to meet the 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 an unbeliever. He was present at the
battles of Hunayn and at-Ta'if while he was still an believer and his wife was a
Muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not
separate Safwan a unbeliever 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 remained with him by that marriage.
[In Muslim]
45 Yahya related to me from Malik that Ibn Shihab said, "There was about one
month between the Islam of Safwan and the Islam of his wife."
Ibn Shihab said, "We have not heard about any woman doing hijra for
Allah and His Messenger while her husband was an unbeliever abiding in the land
of disbelief, but that her hijra separated her and her husband unless her
husband came in hijra before her period of 'idda had been
completed."
46 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 that Makka was conquered, 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 invited 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 (of
Makka). 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 received his allegiance. The couple 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, says in His Book, 'Do not hold to
any marriage ties with women who reject.' (60:10)"
28.21 The Wedding Feast
47 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 trace of 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 replied, "The weight of
a date pit in gold." The Messenger of Allah, may Allah bless him and grant him
peace, said, "Hold a feast, even if it is only with a sheep."
[In Bukhari and Muslim]
48 Yahya related to me from Malik that Yahya ibn Sa'id 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."
[Ibn Ibn Majah]
49 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."
[In Bukhari and Muslim]
50 Yahya related to me from Malik from Ibn Shihab from al-A'raj 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."
[In Bukhari and Muslim]
51 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."
[In Bukhari and Muslim]
28.22 Marriage in General
52 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 blessing. When you buy a
camel, take the top of its hump, and seek refuge with Allah from Shaytan."
53 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!"
54 Yahya related to me from Malik from Rabi'a 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.
55 Yahya related to me from Malik from Rabi'a 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 separate occasions (i.e. not at one time).
56 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayyab
said, "There are three things in which there is no jest: marriage, divorce and
setting free."
[In Abu Dawud, at-Tirmidhi, and Ibn Majah]
57 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.
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