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Translation of Malik's Muwatta, Book 28:
Marriage
Courtesy of ISL Software, makers of the WinAlim Islamic database.
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Section: Asking for Someone's Hand in Marriage
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Book 28, Number 28.1.1:
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."
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Book 28, Number 28.1.2:
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the
Messenger of Allah, may Allah bless him and grant him peace, said, "Do
not ask for a woman in marriage when another muslim has already done so."
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."
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Book 28, Number 28.1.3:
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his
father said about the word of Allah, the Blessed, the Exalted, "There
is no fault in you about the proposal you offer to women, or hide in yourselves.
Allah knows that you will be mindful of them; but do not make troth with
them secretly without honourable words," (Sura 2 ayat 235) that it
referred to a man saying to a woman while she was still in her idda after
the death of her husband, "You are dear to me, and I desire you,
and Allah brings provision and blessing to you," and words such as
these.
Section: Asking Consent of Virgins and Women Previously Married for their
Persons
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Book 28, Number 28.2.4:
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 "
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Book 28, Number 28.2.5:
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.
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Book 28, Number 28.2.6:
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."
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Book 28, Number 28.2.7:
Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad
and Salim ibn Abdullah and Sulayman ibn Yasar said about the virgin given
by her father in marriage without her permission, "That is binding
on her."
Section: The Bride-Price and Unreturnable Gifts
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Book 28, Number 28.3.8:
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."
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Book 28, Number 28.3.9:
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."
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Book 28, Number 28.3.10:
Yahya related to me from Malik from Nafi that the daughter of Ubaydullah
ibn Umar whose mother was the daughter of Zayd ibn al-Khattab, married
the son of Abdullah ibn Umar. He died and had not yet consummated the
marriage or specified her bride-price. Her mother wanted the bride-price,
and Abdullah ibn Umar said, "She is not entitled to a bride-price.
Had she been entitled to a bride-price, we would not have kept it and
we would not do her an injustice. "The mother refused to accept that.
Zayd ibn Thabit was brought to adjudicate between them and he decided
that she had no bride-price, but that she did inherit.
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Book 28, Number 28.3.11:
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz
during his khalifate, wrote to one of his governors, "Whatever a
father, or guardian, 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 ."
Section: Consummating the Marriage
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Book 28, Number 28.4.12:
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.
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Book 28, Number 28.4.13:
Yahya related to me from Malik from Ibn Shihab that Zayd ibn Thabit said,
"When a man takes his wife to his house and co-habits with her then
the bride-price is obliged."
Yahya related to me from Malik that he had heard that Said ibn al-Musayyab
said, "When a man comes to his wife in her room, he is believed.
When she comes to him in his room, she is believed."
Malik commented, "I think that this refers to sexual intercourse.
When he comes in to her in her room and she says, 'He has had intercourse
with me' and he says, 'I have not touched her', he is believed. When she
comes in to him in his room and he says, 'I have not had intercourse with
her' and she says, 'He had intercourse with me', she is believed."
28.5 Wedding Nights of Virgins and Women Previously Married
Section: Wedding Nights of Virgins and Women Previously Married
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Book 28, Number 28.5.14:
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."
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Book 28, Number 28.5.15:
Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik
said, "A virgin has seven nights, and a woman who has been previously
married has three nights."
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."
Section: Stipulations Not Permitted in Marriage
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Book 28, Number 28.6.16:
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."
Section: Marriage of the Muhallil and its Like
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Book 28, Number 28.7.17:
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."
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Book 28, Number 28.7.18:
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."
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Book 28, Number 28.7.19:
Yahya related to me from Malik that he had heard that when asked whether
it was permissible for a man to return to his wife if he had divorced
her irrevocably and then another man had married her after him and died
before consummating the marriage, al-Qasim ibn Muhammad said, "It
is not halal for the first husband to return to her."
Malik said, about the muhallil, that he could not remain in the marriage
until he undertook a new marriage. If he had intercourse with her in that
marriage, she had her dowry.
Section: Combinations of Women Not to be Married Together
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Book 28, Number 28.8.20:
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."
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Book 28, Number 28.8.21:
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab
said, "It is forbidden to be married to a woman and her paternal
or maternal aunt at the same time, and for a man to have intercourse with
a female slave who is carrying another man's child."
Section: Prohibition against Marrying Mothers of Wives
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Book 28, Number 28.9.22:
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."
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Book 28, Number 28.9.23:
Yahya related to me from Malik from more than one source that when Abdullah
ibn Masud was in Kufa, he was asked for an opinion about marrying the
mother after marrying the daughter when the marriage with the daughter
had not been consummated. He permitted it. When Ibn Masud came to Madina,
he asked about it and was told that it was not as he had said, and that
this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and
he had just reached his dwelling when the man who had asked him for the
opinion came to visit and he ordered him to separate from his wife.
Malik said that if a man married the mother of a woman who was his wife
and he had sexual relations with the mother then his wife was haram for
him, and he had to separate from both of them. They were both haram to
him forever, if he had had sexual relations with the mother. If he had
not had relations with the mcther, his wife was not haram for him, and
he separated from the mother.
Malik explained further about the man who married a woman, and then married
her mother and cohabited with her, "The mother will never be halal
for him, and she is not halal for his father or his son, and any daughters
of hers are not halal for him and so his wife is haram for him."
Malik said, "Fornication however, does not make any of that haram
because Allah, the Blessed, the Exalted, mentioned 'the mothers of your
wives,' as one whom marriage made haram, and he didn't mention the making
haram by fornication. Every marriage in a halal manner in which a man
cohabits with his wife, is a halal marriage. This is what I have heard,
and this is how things are done among us."
Section: Marriage to Mothers of Women with Whom One has had Sexual Relations
in a Disapproved Manner
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Book 28, Number 28.10.23a:
Malik said that a man who had committed fornication with a woman and the
hadd-punishment had been applied to him for it, could marry that woman's
daughter and his son could marry the woman herself if he wished. That
was because he had haram relations with her, and the relations Allah had
made haram were from the relations made in a halal manner or in a manner
resembling marriage. Allah, the Blessed, the Exalted, said, "Do not
marry the women your fathers have married. " (Sura 4 ayat 21)
Malik said, "If a man were to marry a woman in her idda-period in
a halal marriage and have relations with her, it would be haram for his
son to marry the woman. That is because the father married her in a halal
manner, and the hadd-punishment would not have been applied to him. Any
child who was born to him would be attached to him as the father. Just
as it would be haram for the son to marry a woman whom his father had
married in her idda-period and had relations with, so the woman's daughter
would be haram for the father if he had had sexual relations with her."
Section: What is Not Permitted in Marriage in General
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Book 28, Number 28.11.24:
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the
Messenger of Allah, may Allah bless him and grant him peace, forbade shighar,
which 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.
Book 28, Number 28.11.25:
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.
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Book 28, Number 28.11.26:
Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case
was brought to Umar about a marriage which had only been witnessed by
one man and one woman . He said, "This is a secret marriage and I
do not permit it. Had I been the first to come upon it, I would have ordered
them to be stoned."
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Book 28, Number 28.11.27:
Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab
and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd
ath-Thaqafi. He divorced her, and she got married in her idda-period.
Umar ibn al-Khattab beat her and her husband with a stick several times,
and separated them. Then Umar ibn al-Khattab said, "If a woman marries
in her idda-period, and the new husband has not consummated the marriage,
then separate them, and when she has completed the idda of her first husband,
the other becomes a suitor. If he has consummated the marriage then separate
them. Then she must complete her idda from her first husband, and then
the idda from the other one, and they are never to be reunited."
Malik added, ''Said ibn al-Musayyab said that she had her dowry because
he had consummated the marriage."
Malik said,"The practice with us concerning a free woman whose husband
dies, is that she does an idda of four months and ten days and she does
not marry if she doubts her period until she is free of any doubt or if
she fears that she is pregnant."
Section: Marrying Slaves when already Married to Free Women
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Book 28, Number 28.12.28:
Yahya related to me from Malik that he had heard that Abdullah ibn Abbas
and Abdullah ibn Umar were asked about a man who had a free woman as a
wife and then wanted to marry a slave-girl. They disapproved that he should
combine the two of them.
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Book 28, Number 28.12.29:
Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab
said, "The slave girl is not married when there is a free woman who
is a wife unless the free woman wishes it. If the free woman complies,
she has two-thirds of the division of time."
Malik said, "A free man must not marry a slave-girl when he can
afford to marry a free-woman, and he should not marry a slave-girl when
he cannot afford a free woman unless he fears fornication. That is because
Allah, may he be Blessed and Exalted, says in His Book, 'If you are not
affluent enough to marry believing women, who are muhsanat, take slave-girls
who are believing women that your right hands own.' (Sura 4 ayat 24) He
says, 'That is for those of you who fear al-anat.' "
Malik said, "Al-anat is fornication."
Section: A Man's Owning a Slave Whom He has Married and then Divorced
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Book 28, Number 28.13.30:
Yahya related to me from Malik from Ibn Shihab from Abu Abd ar-Rahman
that Zayd ibn Thabit said that if a man divorced his slave-girl three
times and then bought her, she was not halal for him until she had married
another husband.
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Book 28, Number 28.13.31:
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."
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Book 28, Number 28.13.32:
Yahya related to me from Malik that he had asked Ibn Shihab about a man
who had a slave-girl as a wife, and then he bought her, and divorced her
once. He said, "She is halal for him by the possession of the right
hand as long as he does not make his divorce irrevocable. If he irrevocably
divorces her, she is not halal for him by the possession of the right
hand until she has married another husband."
Malik said that if a man rnarried a female slave and then she had a child
by him, and then he bought her, she was not an umm walad for him because
of the child born to him while she belonged to another, until she had
had a child by him while she was in his possession after he had purchased
her.
Malik said, "If he buys her and she is pregnant by him and she then
gives birth while she belongs to him, she is his umm walad by that pregnancy,
according to what we think, and Allah knows best."
Section: Reprehensibility of Intercourse with Two Sisters or a Mother
and Daughter that One Owns
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Book 28, Number 28.14.33:
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.
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Book 28, Number 28.14.34:
Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayb
that a man asked Uthman ibn Affan whether one could have intercourse with
two sisters 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. "
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Book 28, Number 28.14.35:
Yahya related to me from Malik that he had heard that az-Zubayr ibn al-Awwam
said the like of that.
Malik said that if a man had sexual relations with a female slave that
he owned, and then he wanted to also have relations with her sister, the
sister was not halal for a man until intercourse with the slave-girl had
been made haram for him by marriage, setting free, kitaba, or the like
of that - for instance, if he had married her to his slave or someone
other than his slave.
Section: Prohibition against Intercourse with a Slave-Girl who Belonged
to One's Father
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Book 28, Number 28.15.36:
Yahya related to me from Malik that he had heard that Umar ibn al-Khattab
gave his son a slave-girl and said, "Do not touch her, for I have
uncovered her."
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."
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Book 28, Number 28.15.37:
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.
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Book 28, Number 28.15.38:
Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd al-Malik
ibn Marwan that he gave a slave-girl to a friend of his, and later asked
him about her. He said, "I intended to give her to my son to do such-and-such
with her." Abd al-Malik said, "Marwan was more scrupulous than
you. He gave a slave-girl to his son, and then he said, 'Do not go near
her, for I have seen her leg uncovered .' "
Section: Prohibition against Marrying Slave-Girls of the People of the
Book
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Book 28, Number 28.16.38a:
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."
Section: Muhsanat
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Book 28, Number 28.17.39:
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.
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Book 28, Number 28.17.40:
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."
Section: Temporary Marriage
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Book 28, Number 28.18.41:
Yahya related to me from Malik from Ibn Shihab from Abdullah and Hasan,
the sons of Muhammad ibn Ali ibn Abi Talib from their 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.
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Book 28, Number 28.18.42:
Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr
that Khawla ibn Hakim came to Umar ibn al-Khattab and said, ''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! "
Section: Marriage of Slaves
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Book 28, Number 28.19.43:
Yahya related to me from Malik that he heard Rabia ibn Abd ar-Rahman say
that a slave could marry four women.
Malik said, "This is the best of what I have heard about the matter."
Malik said, "The slave differs with the muhallil if the slave is
given permission by his master for his ex-wife. If his master does not
give him permission, he separates them. The muhallil is separated in any
case if he intends to make the woman halal by marriage."
Malik said, "When a slave is owned by his wife or a husband owns
his wife, the possession of each of them is rendered void without divorce.
If a man, for instance, is married to a slave-girl, and then he buys her,
he must divorce her as a matter of course. They can then re-marry. If
they re-marry afterwards, that separation was not divorce."
Malik said, "When a slave is freed by his wife who owns him and
she is in the idda-period from him, they can only return to each other
after she has made another marriage."
Section: Marriage of Idol Worshippers when their Wives become Muslim
before Them
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Book 28, Number 28.20.44:
Malik related to me from Ibn Shihab that he had heard that in the time
of the Messenger of Allah, may Allah bless him and grant him peace, women
were becoming muslim in their own lands and they did not do hijra while
their husbands were still 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.
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Book 28, Number 28.20.45:
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."
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Book 28, Number 28.20.46:
Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith
ibn Hisham who was the wife of Ikrima ibn Abi Jahl became muslim on the
day 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.' "
Section: The Wedding Feast
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Book 28, Number 28.21.47:
Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik
that Abd ar-Rahman ibn Awf came to the Messenger of Allah, may Allah bless
him and grant him peace, and he had a 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.
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Book 28, Number 28.21.48:
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."
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Book 28, Number 28.21.49:
Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the
Messenger of Allah, may Allah bless him and grant him peace, said, "When
you are invited to a wedding feast, you must go to it."
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Book 28, Number 28.21.50:
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."
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Book 28, Number 28.21.51:
Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha heard
Anas ibn Malik say that a certain tailor invited the Messenger of Allah,
may Allah bless him and grant him peace, to eat some food which he had
prepared.
Anas said, "I went with the Messenger of Allah, may Allah bless
him and grant him peace, to eat the food. He served barley bread and a
soup with pumpkin in it. I saw the Messenger of Allah, may Allah bless
him and grant him peace, going after the pumpkin around the dish, so I
have always liked pumpkin since that day."
Section: Marriage in General
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Book 28, Number 28.22.52:
Yahya related to me from Malik from Zayd ibn Aslam that the Messenger
of Allah, may Allah bless him and grant him peace, said, "When you
marry a woman or buy a slave-girl, take her by the forelock and ask for
baraka. When you buy a camel, take the top of its hump, and seek refuge
with Allah from Shaytan."
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Book 28, Number 28.22.53:
Yahya related to me from Malik from Abu'z-Zubayr al-Makki that somebody
asked a man for his sister in marriage and the man mentioned that she
had committed fornication. Umar ibn al-Khattab heard about it and he beat
the man or almost beat him, and said, "What did you mean by giving
him such information?"
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Book 28, Number 28.22.54:
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.
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Book 28, Number 28.22.55:
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).
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Book 28, Number 28.22.56:
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."
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Book 28, Number 28.22.57:
Yahya related to me from Malik from Ibn Shihab that Rafi ibn Khadij married
the daughter of Muhammad ibn Maslama al-Ansari. She was with him until
she grew older, and then he married a young girl and preferred the young
girl to her. She begged him to divorce her, so he divorced her and then
he gave her time until she had almost finished her idda period and then
he returned and still preferred the young girl. She therefore asked him
to divorce her. He divorced her once, and then returned to her, and still
preferred the young girl, and she asked him to divorce her. He said, "What
do you want? There is only one divorce left. If you like, continue and
put up with what you see of preference, and if you like, I will separate
from you." She said, "I will continue in spite of the preference."
He kept her in spite of that. Rafi did not see that he had done any wrong
action when she remained with him in spite of preference.
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