Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al-Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.'
Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?'
''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off."
Yahya related to me from Malik from Muhammad ibn al-Munkadir and from Salim ibn Abi'n-Nadr, the mawla of Umar ibn Ubaydullah that Amir ibn Sad ibn Abi Waqqas heard his father ask Usama ibn Zayd, "Have you heard anything from the Messenger of Allah, may Allah bless him and grant him peace, about the plague?" Usama said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The plague is a punishment that was sent down on a party of the Banu Israil or whoever was before them. When you hear of it in a land, do not enter it. If it comes upon a land and you are in it, do not depart in flight from it.' "
Malik said that Abu'n-Nadr said, "That is, do not depart with no other intention but flight."
Yahya related to me from Malik from Ibn Shihab from Abdullah ibn Amir ibn Rabia that Umar ibn al-Khattab went out to ash-Sham. When he came to Sargh, near Tabuk, he heard that the plague had broken out in ash-Sham. Abd ar-Rahman ibn Awf told him that the Messenger of Allah, may Allah bless him and grant him peace, said, "If you hear that a land has a plague in it, do not go forward to it. If it comes upon a land which you are in, do not depart in flight from it." Umar ibn al-Khattab came back from Sargh.
Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Umar ibn al-Khattab turned people back at Sargh according to the hadith of Abd ar-Rahman ibn Awf.
Yahya related to me that Malik said, "I heard that Umar ibn al-Khattab said, 'A night in Rukba (a valley near Taif,) is more preferable to me than ten nights in ash-Sham.' "
Malik said, "He meant to lengthen and preserve their lives because of the severity of the plague in ash-Sham ."
Yahya related to me from Malik from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, came in view of Uhud and said, "This is a mountain which loves us and we love it."
Yahya related to me from Malik from Yahya ibn Said from Abd ar-Rahman ibn al-Qasim that Aslam, the mawla of Umar ibn al-Khattab informed him that he had visited Abdullah ibn Ayyash al-Makhzumi. He saw that he had some nabidh with him and he was at that moment on the way to Makka. Aslam said to him, ''Umar ibn al-Khattab loves this drink." Abdullah ibn Ayyash therefore carried a great drinking bowl and brought it to Umar ibn al-Khattab and placed it before him. Umar brought it near to him and then raised his head. Umar said, "This drink is good," so he drank some of it and then passed it to a man on his right. When Abdullah turned to go, Umar ibn al-Khattab called him and asked, "Are you the person who says that Makka is better than Madina?" Abdullah said, "I said that it was the Haram of Allah, and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah or His Haram." Then Umar repeated "Are you the person who says that Makka is better than Madina?" He replied, "I said that it was the Haram of Allah and His place of security, and His House was in it." Umar said, "I am not saying anything about the House of Allah and His Haram." Then Abdullah left.
Yahya ibn Yahya related to me from Ishaq ibn Abdullah ibn Abi Talha al-Ansari from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "O Allah! Bless them in their measure, and bless them in their sa and mudd." He meant the people of Madina.
Yahya related to me from Malik from Suhayl ibn Abi Salih from his father that Abu Hurayra said, "When people saw the first fruits of the season, they brought them to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, took them and said, 'O Allah! Bless us in our fruits. Bless us in our city. Bless us in our sa and bless us in our mudd. O Allah! Ibrahim is Your slave, Your Khalil and Your Prophet. I am Your slave and Your Prophet. He prayed to You for Makka. I pray to You for Madina for the like of what He prayed to You for Makka, and the like of it with it.' Then he called the smallest child he saw and gave him the fruits."
Yahya related to me from Malik from Qatan ibn Wahb ibn Umayr ibn al-Ajda that Yuhannas, the mawla of az-Zubayr ibn al-Awwam informed him that he was sitting with Abdullah ibn Umar during the troubles (at the time of al-Hajaj ibn Yusuf) . A female mawla of his came and greeted him. She said, "I want to leave, Abu Abd ar-Rahman. The time is harsh for us." Abdullah ibn Umar said to her, "Sit down, O you with little knowledge, for I have heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'No one will be patient in hunger and hardship in it (Madina) except that I will be a witness or intercede for him on the Day of Rising.' "
Yahya related to me from Malik from Muhammad ibn al-Munkadir from Jabir ibn Abdullah that a Bedouin took an oath of allegiance in Islam with the Messenger of Allah, may Allah bless him and grant him peace. A fever befell the Bedouin at Madina. He came to the Messenger of Allah, and said, "Messenger of Allah, release me from my pledge." The Messenger of Allah, may Allah bless him and grant him peace, refused. Then he came to him again and said, "Release me from my pledge." The Messenger of Allah may Allah bless him and grant him peace, refused. Then he came again and said, "Release me from my pledge." He refused. Then he came again and said, "Release me from my pledge." He refused. The Bedouin left and the Messenger of Allah, may Allah bless him and grant him peace, said, "Madina is like the blacksmith's furnace. It removes the impurities and purifies the good."
Malik related to me that Yahya ibn Said said, "I heard Abu'l-Hubab Said ibn Yasar say that he heard Abu Hurayra say that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I was ordered to a town which will eat up towns. They used to say, 'Yathrib,' but it is Madina. It removes the bad people like the blacksmith's furnace removes impurities from the iron.' "
Malik related to me from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one leaves Madina preferring to live elsewhere, but that Allah will give it better than him in place of him ."
Malik related to me from Hisham ibn Urwa from his father from Abdullah ibn az-Zubayr that Sufyan ibn Abi Zuhayr said, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'Yemen will be conquered and the people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Ash-Sham will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known. Iraq will be conquered and people will be attracted to it, taking their families and whoever obeys them. Madina would have been better for them, had they but known.' "
Yahya related to me from Malik from Ibn Himas from his paternal uncle from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Madina will be left in the best way that it is until a dog or wolf enters it and urinates on one of the pillars of the mosque or on the mimbar." They asked, "Messenger of Allah! Who will have the fruit at that time?" He replied, "Animals seeking food, birds and wild beasts."
Malik related to me that he had heard that when Umar ibn Abd al-Aziz left Madina, he turned towards it and wept. Then he said, "O Muzahim! Do you fear that we might be among those that Madina casts off?"
Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"
When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '
A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "
Malik said that Yahya ibn Said had related to him that A'isha said that Amir ibn Fuhayra had said at the time of the epidemic, "I have seen death before tasting it, the coward's destination is from above him."
Yahya related to me from Malik from Nuaym ibn Abdullah al-Mujmir that Abu Hurayra said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'There are angels at the entries of Madina, and neither plague nor the Dajjal will enter it.' "
Yahya related to me from Malik from Ismail ibn Abi Hakim that he heard Umar ibn Abd al-Aziz say, "One of the last things that the Messenger of Allah, may Allah bless him and grant him peace, said was, 'May Allah fight the jews and the christians. They took the graves of their Prophets as places of prostration . Two deens shall not co-exist in the land of the Arabs.' "
Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, said, "Two deens shall not co-exist in the Arabian Peninsula."
Malik said that Ibn Shihab said, ''Umar ibn al-Khattab searched for information about that until he was absolutely convinced that the Messenger of Allah, may Allah bless him and grant him peace, had said, 'Two deens shall not co-exist in the Arabian Peninsula,' and he therefore expelled the jews from Khaybar."
Malik said, ''Umar ibn al-Khattab expelled the jews from Najran (a jewish settlement in the Yemen) and Fadak (a jewish settlement thirty miles from Madina). When the jews of Khaybar left, they did not take any fruit or land. The jews of Fadak took half the fruit and half the land, because the Messenger of Allah, may Allah bless him and grant him peace, had made a settlement with them for that. So Umar entrusted to them the value in gold, silver, camels, ropes and saddle bags of half the fruit and half the land, and handed the value over to them and expelled them."
Yahya related to me from Malik from Amr, the mawla of al-Muttalib from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, saw Uhud and said, "This is a mountain which loves us and we love it. O Allah! Ibrahim made Makka Haram, and I will make what is between the two tracts of black stones (in Madina) a Haram."
Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Abu Hurayra said, "Had I seen a gazelle at Madina, I would have left it to graze and would not have frightened it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'What is between the two tracts of black stones is a Haram.' "
Malik related to me from Yunus ibn Yusuf from Ata ibn Yasar that Abu Ayyub al-Ansari found some boys who had driven a fox into a corner, and he chased them away from it.
Malik said, "I only know that he said, 'Is this done in the Haram of the Messenger of Allah, may Allah bless him and grant him peace?' "
Yahya related to me from Malik from a man who said, "Zayd ibn Thabit came across me while I was at al-Aswaf (on the outskirts of Madina). I had captured a hawk. He took it from my hands and set it free."
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."
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 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.
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 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
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.
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 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."
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 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 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 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 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 .' "
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 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 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 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 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 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 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 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 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 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."
Abu Hurairah reports that the Messenger of Allah said: "If you hear a man announcing in the mosque about some object which he has lost tell him: 'May Allah not return it to you for the mosques are not built for that."' This is related by Muslim.
Abu Hurairah also relates that the Prophet said: "If you see someone buying or selling in the mosque, say to him: 'May Allah not give you any profit in your trading."' This is related by an-Nasa'i and at-Tirmidhi. The latter calls it hasan.
'Abdullah ibn 'Umar reports that the Peophet forbade buying and selling in the mosque, reciting poetry in it, or announcing lost items, and he especially prohibited making a circle [i.e., a meeting in a circle] before the Friday prayer. This is related by the five, and at-Tirmidhi calls it sahih.
The poetry which is prohibited is that which ridicules a Muslim, praises a wrongdoer or some lewdness, and so on. Concerning that which contains wisdom or praises of Islam or encouragement to piety, there is nothing wrong with it. Abu Hurairah reports that 'Umar passed by Hassan as he was reciting poetry in the mosque. 'Umar looked at him in a disapproving manner. Hassan said: "I used to recite when one better than you was present." He turned to Abu Hurairah and said: "I adjure you by Allah to state that you have heard the Messenger of Allah say: 'Respond for me [Hassan]. O Allah, support him with the Angel Gabriel.'" Abu Hurairah said: "Yes, [I heard it]." This is related by al-Bukhari and Muslim.
Shaikh al-Islam Ibn Taimiyah says: "Begging is forbidden whether it is in the mosque or outside it, unless there is a real need for it. If necessary, one may beg in the mosque as long as one does not harm anyone and does not lie in begging, or disturb the people by stepping over them or with one's loudness, for instance, when the people are listening to the Friday khutbah, and one distracts them by one's voice.
It is forbidden to raise one's voice in such a way that it disturbs others' prayers, even if it is done while reciting the Qur'an. Teaching or imparting knowledge (to others) is exempt from this prohibition.
Ibn 'Umar relates that the Prophet sallallahu alehi wasallam entered upon some people while they were praying and they were raising their voices in the Qur'anic recital. The Prophet said: "One who is praying is in a private conversation with his Lord so he should be mindful of whom he is conversing with. And you should not raise your voices against each other in [the recital of] the Qur'an." This is related by Ahmad with a sahih chain.
Abu Sa' id al-Khurdi reports that the Prophet was making seclusion (i'tikaf) in the mosque and he heard the people reciting aloud. He removed the covering and said: "Verily, each of you is in a private conversation with his Lord so you should not disturb each other. And you are not to raise your voices against each other in the recitation." This is related by Abu Dawud, an-Nasa'i, al-Baihaqi, and al-Hakim who grades it sahih according to the criteria of al-Bukhari and Muslim.
Yahya related to me from Malik that he had heard that A'isha was asked about how a woman should do ghusl for major ritual impurity. She said, "She should scoop water over her head with both hands three times and rub the roots of her hair with her hands."
Abu Bakr came to my house while two small Ansari girls were singing beside me the stories of the Ansar concerning the Day of Buath. And they were not singers. Abu Bakr said protestingly, "Musical instruments of Satan in the house of Allah's Apostle !" It happened on the 'Id day and Allah's Apostle said, "O Abu Bakr! There is an 'Id for every nation and this is our 'Id."
An-Nawawi says: "It is permissible to engage in lawful conversation in the mosque and one may discuss worldly affairs and other things and even laugh, as long as it is about something permissible. This opinion is based on the hadith of Jabir ibn Samurah who said: 'The Prophet would not rise from his place of the morning prayer until the sun had risen, and when the sun rose, he would get up. And they would talk and laugh about [pre-Islamic] days of ignorance, and he would smile.'" This is related by Muslim.
Ibn 'Umar says: "During the time of the Messenger of Allah, we would sleep and take nap in the mosque, and at that time, we were young men."
An-Nawawi said: "It is confirmed that ahl as-suffah, 'Ali, Sufyan ibn Umayyah, and a number of the companions used to sleep in the mosque. Thumamah slept there before he embraced Islam. All of that was during the time of the Messenger of Allah." Ash-Shaf'i writes in al-Umm: "If a polythiest could sleep in a mosque, then definitely a Muslim can." In alMukhtasar it is said: "There is no harm in a polythiest staying in any mosque except the inviolable mosque [in Makkah]." 'Abdullah ibn al-Harith says: "During the time of the Messenger of Allah, we would eat meat and bread in the mosque." This is related by Ibn Majah with a hasan chain.
It is disliked to clasp one's hands while going to the mosque or while waiting for the salah in the mosque, although it is perfectly permissible to do so at other times, even in the mosque. Ka'b relates that the Messenger of Allah said: "When one of you makes wudu', perfects the wudu', and leaves with the intention of going to the mosque, he should not intertwine his fingers as he is [considered to be] in salah." This is related by Ahmad, Abu Dawud, and atTirmidhi .
Abu Sa'id al-Khudri says: "I entered the mosque with the Messenger of Allah while a man was sitting in the middle of the mosque with his fingers intertwined. The Messenger of Allah motioned to him but the man did not notice or understand him. The Messenger of Allah turned and said: 'If one of you is in the mosque, he should not intertwine his fingers as intertwining of the fingers is from the Satan, and you are in the prayer while you are in the mosque until you leave it."' This is related by Ahmad.
Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that Umar ibn al-Khattab and Uthman ibn Affan and A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say, "When the circumcised part touches the circumcised part, ghusl is obligatory."
Allah's Apostle never proceeded (for the prayer) on the Day of 'Id-ul-Fitr unless he had eaten some dates. Anas also narrated: The Prophet used to eat odd number of dates.
An-Nawawi says: "It is permissible to engage in lawful conversation in the mosque and one may discuss worldly affairs and other things and even laugh, as long as it is about something permissible. This opinion is based on the hadith of Jabir ibn Samurah who said: 'The Prophet would not rise from his place of the morning prayer until the sun had risen, and when the sun rose, he would get up. And they would talk and laugh about [pre-Islamic] days of ignorance, and he would smile.'" This is related by Muslim.
Ibn 'Umar says: "During the time of the Messenger of Allah, we would sleep and take nap in the mosque, and at that time, we were young men."
An-Nawawi said: "It is confirmed that ahl as-suffah, 'Ali, Sufyan ibn Umayyah, and a number of the companions used to sleep in the mosque. Thumamah slept there before he embraced Islam. All of that was during the time of the Messenger of Allah." Ash-Shaf'i writes in al-Umm: "If a polythiest could sleep in a mosque, then definitely a Muslim can." In alMukhtasar it is said: "There is no harm in a polythiest staying in any mosque except the inviolable mosque [in Makkah]." 'Abdullah ibn al-Harith says: "During the time of the Messenger of Allah, we would eat meat and bread in the mosque." This is related by Ibn Majah with a hasan chain.
It is disliked to clasp one's hands while going to the mosque or while waiting for the salah in the mosque, although it is perfectly permissible to do so at other times, even in the mosque. Ka'b relates that the Messenger of Allah said: "When one of you makes wudu', perfects the wudu', and leaves with the intention of going to the mosque, he should not intertwine his fingers as he is [considered to be] in salah." This is related by Ahmad, Abu Dawud, and atTirmidhi .
Abu Sa'id al-Khudri says: "I entered the mosque with the Messenger of Allah while a man was sitting in the middle of the mosque with his fingers intertwined. The Messenger of Allah motioned to him but the man did not notice or understand him. The Messenger of Allah turned and said: 'If one of you is in the mosque, he should not intertwine his fingers as intertwining of the fingers is from the Satan, and you are in the prayer while you are in the mosque until you leave it."' This is related by Ahmad.
Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab that Umar ibn al-Khattab and Uthman ibn Affan and A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to say, "When the circumcised part touches the circumcised part, ghusl is obligatory."
Allah's Apostle never proceeded (for the prayer) on the Day of 'Id-ul-Fitr unless he had eaten some dates. Anas also narrated: The Prophet used to eat odd number of dates.
Abu Qatadah reports that the Messenger of Allah said: "When one of you comes to the mosque, he should pray two rak'at before he sits." This is related by the group.
Jabir reports that the Messenger of Allah said: "Prayer in the inviolable mosque [in Makkah] is like 100,000 prayers [elsewhere]. And prayers in my mosque [in Medinah] is like one thousand prayers [elsewhere]. And a prayer in Bait al-Maqdis [in Jerusalem] is like five hundred prayers [elsewhere]. This is related by alBaihaqi, and as-Sayuti says it is hasan.
Ahmad records that the Messenger of Allah said: "Offering salah in my mosque is better than one thousand prayers elsewhere, save for those offered in the inviolable mosque. And salah in the inviolable mosque is better than salah in my mosque by one hundred prayers."
The Prophet said: "One should not undertake a journey, save to three mosques: the inviolable mosque [in Makkah], my mosque here [in Medinah], and Masjid al-Aqsa [in Jerusalem]." This is related by the group.
Anas reports that the Messenger of Allah said: "The Hour will not come to pass until the people vie with each other in (building) the mosques." This is related by Ahmad, Abu Dawud, anNasa'i, Ibn Majah, and Ibn Hibban who calls it sahih. Ibn Khuzaimah's wording is: "A time will come when the people will vie with each other in (building) the mosques but very few will attend (the mosques)."
Ibn 'Abbas reports that the Messenger of Allah said: "I have not been ordered to build high and lofty mosques." Abu Dawud's version adds: "Ibn 'Abbas said: 'You will certainly embellish them as the Jews and Christians embellished [their places of worship]."' The preceding hadith was related by Abu Dawud and by Ibn Hibban who calls it sahih.
'Umar ordered mosques to be built and would say: "Protect the people from the rain. Beware of red and yellow decorations for they distract people." This is related by Ibn Khuzaimah in his sahih and by al-Bukhari in mualaq form.
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr from A'isha, umm al-muminin, that the Messenger of Allah, may Allah bless him and grant him peace, used to do ghusl for major ritual impurity from a vessel which contained a faraq.
Allah's Apostle (p.b.u.h) came to my house while two girls were singing beside me the songs of Buath (a story about the war between the two tribes of the Ansar, the Khazraj and the Aus, before Islam). The Prophet (p.b.u.h) lay down and turned his face to the other side. Then Abu Bakr came and spoke to me harshly saying, "Musical instruments of Satan near the Prophet (p.b.u.h)?" Allah's Apostle (p.b.u.h) turned his face towards him and said, "Leave them." When Abu Bakr became inattentive, I signaled to those girls to go out and they left. It was the day of 'Id, and the Black people were playing with shields and spears; so either I requested the Prophet (p.b.u.h) or he asked me whether I would like to see the display. I replied in the affirmative. Then the Prophet (p.b.u.h) made me stand behind him and my cheek was touching his cheek and he was saying, "Carry on! O Bani Arfida," till I got tired. The Prophet (p.b.u.h) asked me, "Are you satisfied (Is that sufficient for you)?" I replied in the affirmative and he told me to leave.
'Aishah reports that the Prophet ordered that mosques be built in residential areas and that they be cleaned and perfumed. This is related by Ahmad, Abu Dawud, at-Tirmidhi, Ibn Majah, and Ibn Hibban with a good chain. Abu Dawud's wording is: "He ordered us to build the mosques in the residential areas, to build them well, and to purify them. 'Abdullah would burn incense when 'Umar would sit on the pulpit."
Anas reports that the Prophet sallallahu alehi wasallam said: "The rewards of my ummah were placed before me, even for removing a speck of dust from the mosque." This is related by Abu Dawud, at-Tirmidhi, and Ibn Khuzaimah who calls it sahih.
The Mosques are houses of worship and it is obligatory to keep them clean and free of filth and noxious smells.
Muslim records that the Prophet sallallahu alehi wasallam said: "These mosques are not meant for urine or filth but they are for the remembrance of Allah and the recital of the Qur'an.
Ahmad records, with a sahih chain, that the Prophet sallallahu alehi wasallam said: "If one of you expectorates, he should cover it lest it should besmear a believer's body or clothing and harm him."
Ahmad and al-Bukhari record from Abu Hurairah that the Messenger of Allah said: "When one of you stands to pray, he should not spit in front of him as he is facing Allah when he is in prayer. And he should not spit to his right as there is an angel on his right. So, he should spit to his left or under his feet and he should bury it."
Jabir reports that the Prophet sallallahu alehi wasallam said: "Whoever eats garlic, onion, or leek should not come close to our mosque for the angels are harmed by what harms the children of Adam." This is related by al-Bukhari and Muslim.
On Friday, 'Umar addressed the people saying: "O you people, you eat of two plants which I consider bad [onion and garlic] for I have seen the Prophet, when he perceived their smell from someone, he would order the man to go to al-Baqi'. Whoever eats them should suppress their odor by cooking them." This is related by Ahmad, Muslim, and an-Nasa'i.
Yahya related to me from Malik from Nafi that when Abdullah ibn Umar used to do ghusl for major ritual impurity he would begin by pouring water on his right hand and washing it. Then, in order, he would wash his genitals, rinse his mouth, snuff water in and out of his nose, wash his face and splash his eyes with water. Then he would wash his right arm and then his left, and after that he would wash his head. He would finish by having a complete wash and pouring water all over himself.
I heard the Prophet (p.b.u.h) delivering a Khutba saying, "The first thing to be done on this day (first day of 'Id ul Adha) is to pray; and after returning from the prayer we slaughter our sacrifices (in the name of Allah) and whoever does so, he acted according to our Sunna (traditions)."
'Aishah reports that the Prophet ordered that mosques be built in residential areas and that they be cleaned and perfumed. This is related by Ahmad, Abu Dawud, at-Tirmidhi, Ibn Majah, and Ibn Hibban with a good chain. Abu Dawud's wording is: "He ordered us to build the mosques in the residential areas, to build them well, and to purify them. 'Abdullah would burn incense when 'Umar would sit on the pulpit."
Anas reports that the Prophet sallallahu alehi wasallam said: "The rewards of my ummah were placed before me, even for removing a speck of dust from the mosque." This is related by Abu Dawud, at-Tirmidhi, and Ibn Khuzaimah who calls it sahih.
The Mosques are houses of worship and it is obligatory to keep them clean and free of filth and noxious smells.
Muslim records that the Prophet sallallahu alehi wasallam said: "These mosques are not meant for urine or filth but they are for the remembrance of Allah and the recital of the Qur'an.
Ahmad records, with a sahih chain, that the Prophet sallallahu alehi wasallam said: "If one of you expectorates, he should cover it lest it should besmear a believer's body or clothing and harm him."
Ahmad and al-Bukhari record from Abu Hurairah that the Messenger of Allah said: "When one of you stands to pray, he should not spit in front of him as he is facing Allah when he is in prayer. And he should not spit to his right as there is an angel on his right. So, he should spit to his left or under his feet and he should bury it."
Jabir reports that the Prophet sallallahu alehi wasallam said: "Whoever eats garlic, onion, or leek should not come close to our mosque for the angels are harmed by what harms the children of Adam." This is related by al-Bukhari and Muslim.
On Friday, 'Umar addressed the people saying: "O you people, you eat of two plants which I consider bad [onion and garlic] for I have seen the Prophet, when he perceived their smell from someone, he would order the man to go to al-Baqi'. Whoever eats them should suppress their odor by cooking them." This is related by Ahmad, Muslim, and an-Nasa'i.
Yahya related to me from Malik from Nafi that when Abdullah ibn Umar used to do ghusl for major ritual impurity he would begin by pouring water on his right hand and washing it. Then, in order, he would wash his genitals, rinse his mouth, snuff water in and out of his nose, wash his face and splash his eyes with water. Then he would wash his right arm and then his left, and after that he would wash his head. He would finish by having a complete wash and pouring water all over himself.
I heard the Prophet (p.b.u.h) delivering a Khutba saying, "The first thing to be done on this day (first day of 'Id ul Adha) is to pray; and after returning from the prayer we slaughter our sacrifices (in the name of Allah) and whoever does so, he acted according to our Sunna (traditions)."
Abu Hurairah reports that the Messenger of Allah said: "If you hear a man announcing in the mosque about some object which he has lost tell him: 'May Allah not return it to you for the mosques are not built for that."' This is related by Muslim.
Abu Hurairah also relates that the Prophet said: "If you see someone buying or selling in the mosque, say to him: 'May Allah not give you any profit in your trading."' This is related by an-Nasa'i and at-Tirmidhi. The latter calls it hasan.
'Abdullah ibn 'Umar reports that the Peophet forbade buying and selling in the mosque, reciting poetry in it, or announcing lost items, and he especially prohibited making a circle [i.e., a meeting in a circle] before the Friday prayer. This is related by the five, and at-Tirmidhi calls it sahih.
The poetry which is prohibited is that which ridicules a Muslim, praises a wrongdoer or some lewdness, and so on. Concerning that which contains wisdom or praises of Islam or encouragement to piety, there is nothing wrong with it. Abu Hurairah reports that 'Umar passed by Hassan as he was reciting poetry in the mosque. 'Umar looked at him in a disapproving manner. Hassan said: "I used to recite when one better than you was present." He turned to Abu Hurairah and said: "I adjure you by Allah to state that you have heard the Messenger of Allah say: 'Respond for me [Hassan]. O Allah, support him with the Angel Gabriel.'" Abu Hurairah said: "Yes, [I heard it]." This is related by al-Bukhari and Muslim.
Shaikh al-Islam Ibn Taimiyah says: "Begging is forbidden whether it is in the mosque or outside it, unless there is a real need for it. If necessary, one may beg in the mosque as long as one does not harm anyone and does not lie in begging, or disturb the people by stepping over them or with one's loudness, for instance, when the people are listening to the Friday khutbah, and one distracts them by one's voice.
It is forbidden to raise one's voice in such a way that it disturbs others' prayers, even if it is done while reciting the Qur'an. Teaching or imparting knowledge (to others) is exempt from this prohibition.
Ibn 'Umar relates that the Prophet sallallahu alehi wasallam entered upon some people while they were praying and they were raising their voices in the Qur'anic recital. The Prophet said: "One who is praying is in a private conversation with his Lord so he should be mindful of whom he is conversing with. And you should not raise your voices against each other in [the recital of] the Qur'an." This is related by Ahmad with a sahih chain.
Abu Sa' id al-Khurdi reports that the Prophet was making seclusion (i'tikaf) in the mosque and he heard the people reciting aloud. He removed the covering and said: "Verily, each of you is in a private conversation with his Lord so you should not disturb each other. And you are not to raise your voices against each other in the recitation." This is related by Abu Dawud, an-Nasa'i, al-Baihaqi, and al-Hakim who grades it sahih according to the criteria of al-Bukhari and Muslim.
Yahya related to me from Malik that he had heard that A'isha was asked about how a woman should do ghusl for major ritual impurity. She said, "She should scoop water over her head with both hands three times and rub the roots of her hair with her hands."
Abu Bakr came to my house while two small Ansari girls were singing beside me the stories of the Ansar concerning the Day of Buath. And they were not singers. Abu Bakr said protestingly, "Musical instruments of Satan in the house of Allah's Apostle !" It happened on the 'Id day and Allah's Apostle said, "O Abu Bakr! There is an 'Id for every nation and this is our 'Id."
Abu Hurairah reports that the Messenger of Allah said: "If you hear a man announcing in the mosque about some object which he has lost tell him: 'May Allah not return it to you for the mosques are not built for that."' This is related by Muslim.
Abu Hurairah also relates that the Prophet said: "If you see someone buying or selling in the mosque, say to him: 'May Allah not give you any profit in your trading."' This is related by an-Nasa'i and at-Tirmidhi. The latter calls it hasan.
'Abdullah ibn 'Umar reports that the Peophet forbade buying and selling in the mosque, reciting poetry in it, or announcing lost items, and he especially prohibited making a circle [i.e., a meeting in a circle] before the Friday prayer. This is related by the five, and at-Tirmidhi calls it sahih.
The poetry which is prohibited is that which ridicules a Muslim, praises a wrongdoer or some lewdness, and so on. Concerning that which contains wisdom or praises of Islam or encouragement to piety, there is nothing wrong with it. Abu Hurairah reports that 'Umar passed by Hassan as he was reciting poetry in the mosque. 'Umar looked at him in a disapproving manner. Hassan said: "I used to recite when one better than you was present." He turned to Abu Hurairah and said: "I adjure you by Allah to state that you have heard the Messenger of Allah say: 'Respond for me [Hassan]. O Allah, support him with the Angel Gabriel.'" Abu Hurairah said: "Yes, [I heard it]." This is related by al-Bukhari and Muslim.
Shaikh al-Islam Ibn Taimiyah says: "Begging is forbidden whether it is in the mosque or outside it, unless there is a real need for it. If necessary, one may beg in the mosque as long as one does not harm anyone and does not lie in begging, or disturb the people by stepping over them or with one's loudness, for instance, when the people are listening to the Friday khutbah, and one distracts them by one's voice.
It is forbidden to raise one's voice in such a way that it disturbs others' prayers, even if it is done while reciting the Qur'an. Teaching or imparting knowledge (to others) is exempt from this prohibition.
Ibn 'Umar relates that the Prophet sallallahu alehi wasallam entered upon some people while they were praying and they were raising their voices in the Qur'anic recital. The Prophet said: "One who is praying is in a private conversation with his Lord so he should be mindful of whom he is conversing with. And you should not raise your voices against each other in [the recital of] the Qur'an." This is related by Ahmad with a sahih chain.
Abu Sa' id al-Khurdi reports that the Prophet was making seclusion (i'tikaf) in the mosque and he heard the people reciting aloud. He removed the covering and said: "Verily, each of you is in a private conversation with his Lord so you should not disturb each other. And you are not to raise your voices against each other in the recitation." This is related by Abu Dawud, an-Nasa'i, al-Baihaqi, and al-Hakim who grades it sahih according to the criteria of al-Bukhari and Muslim.
Yahya related to me from Malik that he had heard that A'isha was asked about how a woman should do ghusl for major ritual impurity. She said, "She should scoop water over her head with both hands three times and rub the roots of her hair with her hands."
Abu Bakr came to my house while two small Ansari girls were singing beside me the stories of the Ansar concerning the Day of Buath. And they were not singers. Abu Bakr said protestingly, "Musical instruments of Satan in the house of Allah's Apostle !" It happened on the 'Id day and Allah's Apostle said, "O Abu Bakr! There is an 'Id for every nation and this is our 'Id."
It is allowed for the imam or one who is offering salah by himself to pray between two walls or enclosures. Al-Bukhari and Muslim record from Ibn 'Umar that when the Prophet entered the Ka'bah, he prayed between two walls.
Sa'id ibn Jubair, Ibrahim at-Taimi, and Suwaid ibn Ghuflah led the people in salah while they were between two columns. It is disliked for the followers to pray between them if they have enough room because it cuts the row, but they may do so if they are constrained to it.
Anas says: "We were prohibited to offer salah between walls and we would keep others from it." This is related by al-Hakim who says it is sahih.
Mu'awiyyah ibn Qurrah relates that his father said: "We were prohibited to make rows between walls during the time of the Prophet and we kept others from it." This is related by Ibn Majah but one of its narrator is majhul (unknown as a trustworthy person). Sa'id ibn Mansur records in his Sunan that Ibn Mas'ud, Ibn 'Abbas, and Hudhaifah prohibited it. Ibn Sayyid an-Nass said: "There is no known difference among the companions [on this point]."
'Aishah reports that the Prophet sallallahu alehi wasallam said: "Allah cursed the Jews and Christians [because] they took the graves of their prophets as mosques." This is related by al-Bukhari, Muslim, Ahmad, and an-Nasa' i .
Ahmad and Muslim record from Abu Marthad al-Ghanawi that the Prophet sallallahu alehi wasallam said: "Do not pray facing a grave and do not sit on one." They also record that Jundub ibn 'Abdullah al-Bajali heard the Prophet say, five days before he died: "The people before you took graves as mosques. I prohibit this to you."
'Aishah reports that Umm Salamah mentioned the churches she saw in Abyssinia and the pictures they contained to the Messenger of Allah. The Prophet said to her: "These are the people who, when a pious servant or pious man among them dies, build a mosque [place of worship] upon their graves and put those pictures in it. They are the worst of the whole creation in the sight of Allah." This is related by al-Bukhari, Muslim, and an-Nasa' i .
The Prophet is also reported to have said: "Allah curses those who visit the graves and take them as mosques and light lamps over them." Many scholars take this prohibition to be one of dislike, regardless of whether the grave is in front of the imam or behind him. According to the zahiri school, this prohibition is one of complete forbiddance and as such, prayer at a grave site is not valid. According to the Hanbali school, this applies only if there are three graves or more. If there is only one or two graves, then the prayer is valid although disliked if one prays facing a grave, otherwise it is not disliked.
Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Abdullah that Abu Salamaibn Abdar-Rahman ibn Awf related that he had asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, what made ghusl obligatory. She said, "Do you know what you are like, Abu Salama? You are like a chick when it hears the cocks crowing and so crows with them. When the circumcised part passes the circumcised part, ghusl is obligatory."
The Prophet said, "Whoever slaughtered (his sacrifice) before the 'Id prayer, should slaughter again." A man stood up and said, "This is the day on which one has desire for meat," and he mentioned something about his neighbors. It seemed that the Prophet believed him. Then the same man added, "I have a young she-goat which is dearer to me than the meat of two sheep." The Prophet permitted him to slaughter it as a sacrifice. I do not know whether that permission was valid only for him or for others as well.