Property:Has Hadith Text

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MuwataMalik-017-001-35311 +	Yahya related to me from Malik that he had heard that AlQasim 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.  +
MuwataMalik-017-001-35312 +	Yahya related to me from Malik from Malik from Abu Hazim Ibn Dinar from Sahl Ibn Sad AlSaidi 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 Quran? He said; Yes. I know such-and-such a Surat 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 Quran.  +
MuwataMalik-017-001-35313 +	Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab had said that Umar Ibn AlKhattab 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.  +
MuwataMalik-017-001-35314 +	Yahya related to me from Malik from Nafi that the daughter of Ubaydullah Ibn Umar whose mother was the daughter of Zayd Ibn AlKhattab; 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.  +
MuwataMalik-017-001-35315 +	Yahya related to me from Malik that he had heard that Umar Ibn Abd AlAziz 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. Surat 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.  +
MuwataMalik-017-001-35316 +	Yahya related to me from Malik from Yahya Ibn Said from Said Ibn AlMusayab that Umar Ibn AlKhattab decided about the woman who was married by a man and the marriage had been consummated; that the bride-price was obligatory.  +
MuwataMalik-017-001-35317 +	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.  +
MuwataMalik-017-001-35318 +	Yahya related to me from Malik that he had heard that Said Ibn AlMusayab 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.  +
MuwataMalik-017-001-35319 +	Yahya related to me from Malik from Abdullah Ibn Abi Bakr Ibn Muhammad Ibn Amr Ibn Hazm from Abd AlMalik Ibn Abi Bakr Ibn Abdulrahman Ibn AlHarith Ibn Hisham AlMakhzumi from his father that when the Messenger of Allah; may Allah bless him and grant him peace; married Umm Salamah 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.  +
MuwataMalik-017-001-35320 +	Yahya related to me from Malik from Humayd AlTawil 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.  +
MuwataMalik-017-001-35321 +	Yahya related to me from Malik that he had heard that Said Ibn AlMusayab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said Ibn AlMusayab 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.  +
MuwataMalik-017-001-35322 +	Yahya related to me from Malik from AlMiswar Ibn Rifaa AlQuradhi from AlZubair Ibn Abdulrahman Ibn AlZubair 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 Abdulrahman Ibn AlZubair 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.  +
MuwataMalik-017-001-35323 +	Yahya related to me from Malik from Yahya Ibn Said from AlQasim Ibn Muhammad that Aisha; 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.  +
MuwataMalik-017-001-35324 +	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; AlQasim 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.  +
MuwataMalik-017-001-35325 +	Yahya related to me from Malik from Abuz-Zinad from AlAraj from Abu Huraira 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.  +
MuwataMalik-017-001-35326 +	Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab 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 child.  +
MuwataMalik-017-001-35327 +	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.  +
MuwataMalik-017-001-35328 +	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 didnt 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.  +
MuwataMalik-017-001-35329 +	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 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. Surat 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 daughter would be haram for the father if he had had sexual relations with her.  +
MuwataMalik-017-001-35330 +	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.  +
MuwataMalik-017-001-35331 +	Yahya related to me from Malik from Abdulrahman Ibn AlQasim from his father from Abdulrahman and Mujamma the sons of Yazid Ibn Jariya AlAnsari from Khansa bint Khidam AlAnsariya 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.  +
MuwataMalik-017-001-35332 +	Yahya related to me from Malik from Abuz-Zubayr AlMakki 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.  +
MuwataMalik-017-001-35333 +	Yahya related to me from Malik from Ibn Shihab from Said Ibn AlMusayab and from Sulayman Ibn Yasar that Tulayha AlAsadiya was the wife of Rushayd AlThaqafi. He divorced her; and she got married in her idda-period. Umar Ibn AlKhattab beat her and her husband with a stick several times; and separated them. Then Umar Ibn AlKhattab 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 AlMusayab 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.  +
MuwataMalik-017-001-35334 +	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.  +
MuwataMalik-017-001-35335 +	Yahya related to me from Malik from Yahya Ibn Said that Said Ibn AlMusayab 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. Surat 4 ayat 24 He says; That is for those of you who fear Alanat. Malik said; Alanat is fornication.  +