28. Marriage

Yahya related to me from Malik from Muhammad ibn Yahya ibn Habbanfrom al-Araj from Abu Hurayra that the Messenger of Allah, may Allahbless him and grant him peace, said, "Do not ask for a woman inmarriage when another muslim has already done so." Yahya related to me from Malik from Nafi from Abdullah ibn Umarthat the Messenger of Allah, may Allah bless him and grant him peace,said, "Do not ask for a woman in marriage when another muslim hasalready done so." Malik said, "The explanation of thestatement of the Messenger of Allah, may Allah bless him and grant himpeace, according to what we think - and Allah knows best - is that 'Donot ask for a woman in marriage when another muslim has already doneso' means that when a man has asked for a woman in marriage, and shehas inclined to him and they have agreed on a bride-price, which shehas suggested and with which they are mutually satisfied, it isforbidden for another man to ask for that woman in marriage. It doesnot mean that when a man has asked for a woman in marriage, and hissuit does not agree with her and she does not incline to him that noone else can ask for her in marriage. That is a door to misery forpeople." Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasimthat his father said about the word of Allah, the Blessed, theExalted, "There is no fault in you about the proposal you offer towomen, or hide in yourselves. Allah knows that you will be mindful ofthem; but do not make troth with them secretly without honourablewords," (Sura 2 ayat 235) that it referred to a man saying to a womanwhile she was still in her idda after the death of her husband, "Youare dear to me, and I desire you, and Allah brings provision andblessing to you," and words such as these. Malik related to me from Abdullah ibn al-Fadl from Nafi ibnJubayr ibn Mutim from Abdullah ibn Abbas that the Messenger of Allah,may Allah bless him and grant him peace, said, "A woman who has beenpreviously married is more entitled to her person than her guardian,and a virgin must be asked for her consent for herself, and herconsent is her silence " Yahya related to me from Malik that he had heard that Said ibnal-Musayyab had said that Umar ibn al-Khattab said, "A woman is onlymarried with the consent of her guardian, someone of her family withsound judgement or the Sultan. Yahya related to me from Malik that he had heard that al-Qasimibn Muhammad and Salim ibn Abdullah were marrying off their daughtersand they did not consult them. Malik said, "That is what isdone among us about the marriage of virgins." Malik said, "Avirgin has no right to her property until she enters her house and herstate (competence, maturity etc.) is known for sure." Yahya related to me from Malik that he had heard that al-Qasimibn Muhammad and Salim ibn Abdullah and Sulayman ibn Yasar said aboutthe virgin given by her father in marriage without her permission,"That is binding on her." Yahya related to me from Malik from Malik from Abu Hazim ibnDinar from Sahl ibn Sad as-Saidi that a woman came to the Messenger ofAllah, may Allah bless him and grant him peace, and said, "Messengerof Allah! I have given myself to you." She stood for a long time, andthen a man got up and said, "Messenger of Allah, marry her to me ifyou have no need of her." The Messenger of Allah, may Allah bless himand grant him peace, said, "Do you have anything to give her as abride-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 forsomething else." He said, "I have nothing else." He said, "Look forsomething else, even if it is only an iron ring." He looked, and foundthat he had nothing. The Messenger of Allah, may Allah bless him andgrant 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, saidto 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 ibnal-Musayyab had said that Umar ibn al-Khattab said, "If a man marriesa woman who is insane, or has leprosy or white leprosy, without beingtold of her condition by her guardian, and he has sexual relationswith her, she keeps her bride-price in its entirety. Her husband hasdamages against her guardian." Malik said, "The husband hasdamages against her guardian when the guardian is her father, brother,or one who is deemed to have knowledge of her condition. If theguardian who gives her in marriage is a nephew, a mawla or a member ofher tribe who is not deemed to have knowledge of her condition, thereare no damages against him, and the woman returns what she has takenof her bride-price, and the husband leaves her whatever amount isthought to be fair." Yahya related to me from Malik from Nafi that the daughter ofUbaydullah ibn Umar whose mother was the daughter of Zayd ibn al-Khattab, married the son of Abdullah ibn Umar. He died and had not yetconsummated the marriage or specified her bride-price. Her motherwanted the bride-price, and Abdullah ibn Umar said, "She is notentitled to a bride-price. Had she been entitled to a bride-price, wewould not have kept it and we would not do her an injustice. "Themother refused to accept that. Zayd ibn Thabit was brought toadjudicate 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 ibnAbd al-Aziz during his khalifate, wrote to one of his governors,"Whatever a father, or guardian, who gives someone in marriage, makesa condition in the way of unreturnable gift or of favour, belongs tothe woman if she wants it." Malik spoke about a woman whosefather gave her in marriage and made an unreturnable gift a conditionof the bride-price which was to be given. He said, "Whatever is givenas a condition by which marriage occurs belongs to the woman if shewants it. If the husband parts from her before the marriage isconsummated, the husband has half of the unreturnable gift by whichthe marriage occurred." Malik said about a man who marriedoff 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 onthe day of marriage. If the young man did have property the bride-price was taken from his property unless the father stipulated that hewould pay the bride-price. The marriage was affirmed for the son if hewas a minor only if he was under the guardianship of his father. Malik said that if a man divorced his wife before he hadconsummated the marriage and she was a virgin, her father returnedhalf of the bride-price to him. That half was permitted to the husbandfrom the father to compensate him for his expenses. Maliksaid that that was because Allah, the Blessed, the Exalted, said inHis Book, "Unless they (women with whom he had not consummatedmarriage) make remission or he makes remission to him in whose hand isthe knot of marriage." (Sura 2 ayat 237). (He being the father of avirgin daughter or the master of a female slave.) Malik said,"That is what I have heard about the matter, and that is how thingsare done among us." Malik said that a jewish or christianwoman who was married to a jew or christian and then became muslimbefore the marriage had been consummated, did not keep anything fromthe bride-price. Malik said, "I do not think that womenshould be married for less than a quarter of a dinar. That is thelowest amount for which cutting off the hand is obliged ." Yahya related to me from Malik from Yahya ibn Said from Said ibnal-Musayyab that 'Umar ibn al-Khattab decided about the woman who wasmarried by a man and the marriage had been consummated, that thebride-price was obligatory. Yahya related to me from Malik from Ibn Shihab that Zayd ibnThabit said, "When a man takes his wife to his house and co-habitswith her then the bride-price is obliged." Yahya related tome from Malik that he had heard that Said ibn al-Musayyab said, "Whena man comes to his wife in her room, he is believed. When she comes tohim in his room, she is believed." Malik commented, "I thinkthat this refers to sexual intercourse. When he comes in to her in herroom and she says, 'He has had intercourse with me' and he says, 'Ihave not touched her', he is believed. When she comes in to him in hisroom and he says, 'I have not had intercourse with her' and she says,'He had intercourse with me', she is believed." Yahya related to me from Malik from Abdullah ibn Abi Bakr ibnMuhammad 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 whenthe 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 staywith you for seven nights as I stayed seven nights with the others. Ifyou wish, I will stay with you for three nights, and then visit theothers in turn." She said, "Stay three nights." Yahya related to me from Malik from Humayd at-Tawil that Anas ibnMalik said, "A virgin has seven nights, and a woman who has beenpreviously married has three nights." Malik affirmed, "Thatis what is done among us." Malik added, "If the man hasanother wife, he divides his time equally between them after thewedding nights. He does not count the wedding nights against the onehe has just married." Yahya related to me from Malik that he had heard that Said ibnal-Musayyab was asked about a woman who made a stipulation on herhusband not to take her away from her town. Said ibn al-Musayyab said,"He takes her away if he wishes." Malik said, "The customamong us is that when a man marries a woman, and he makes a conditionin the marriage contract that he will not marry after her or take aconcubine, it means nothing unless there is an oath of divorce orsetting-free attached to it. Then it is obliged and required of him." Yahya related to me from Malik from al-Miswar ibn Rifaa al-Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibnSimwal divorced his wife, Tamima bint Wahb, in the time of theMessenger of Allah, may Allah bless him and grant him peace, threetimes. Then she married Abd ar-Rahman ibn az-Zubayr and he turned fromher and could not consummate the marriage and so he parted from her.Rifaa wanted to marry her again and it was mentioned to the Messengerof Allah, may Allah bless him and grant him peace, and he forbade himto marry her. He said, "She is not halal for you until she has tastedthe sweetness of intercourse." Yahya related to me from Malik from Yahya ibn Said from al-Qasimibn Muhammad that A'isha, the wife of the Prophet, may Allah bless himand grant him peace, said when asked whether it was permissible for aman to marry again a wife he had divorced irrevocably if she hadmarried 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 askedwhether it was permissible for a man to return to his wife if he haddivorced her irrevocably and then another man had married her afterhim and died before consummating the marriage, al-Qasim ibn Muhammadsaid, "It is not halal for the first husband to return to her." Malik said, about the muhallil, that he could not remain in themarriage until he undertook a new marriage. If he had intercourse withher in that marriage, she had her dowry. Yahya related to me from Malik from Abu'z-Zinad from al-Araj fromAbu Hurayra that the Messenger of Allah, may Allah bless him and granthim peace, said "One cannot be married to a woman and her paternalaunt, or a woman and her maternal aunt at the same time." Yahya related to me from Malik from Yahya ibn Said that Said ibnal-Musayyab said, "It is forbidden to be married to a woman and herpaternal or maternal aunt at the same time, and for a man to haveintercourse with a female slave who is carrying another man's child." Yahya related to me from Malik from Yahya ibn Said that Zayd ibnThabit asked whether it was halal for a man who married a woman andthen separated from her before he had cohabited with her, to marry hermother. Zayd ibn Thabit said, "No. The mother is prohibitedunconditionally. There are conditions, however about foster-mothers." Yahya related to me from Malik from more than one source thatwhen Abdullah ibn Masud was in Kufa, he was asked for an opinion aboutmarrying the mother after marrying the daughter when the marriage withthe daughter had not been consummated. He permitted it. When Ibn Masudcame to Madina, he asked about it and was told that it was not as hehad said, and that this condition referred to foster-mothers. IbnMasud returnedto Kufa,and he had just reached his dwelling when theman who had asked him for the opinion came to visit and he ordered himto separate from his wife. Malik said that if a man marriedthe mother of a woman who was his wife and he had sexual relationswith the mother then his wife was haram for him, and he had toseparate from both of them. They were both haram to him forever, if hehad had sexual relations with the mother. If he had not had relationswith the mcther, his wife was not haram for him, and he separated fromthe mother. Malik explained further about the man who marrieda woman, and then married her mother and cohabited with her, "Themother will never be halal for him, and she is not halal for hisfather or his son, and any daughters of hers are not halal for him andso his wife is haram for him." Malik said, "Fornicationhowever, does not make any of that haram because Allah, the Blessed,the Exalted, mentioned 'the mothers of your wives,' as one whommarriage made haram, and he didn't mention the making haram byfornication. Every marriage in a halal manner in which a man cohabitswith his wife, is a halal marriage. This is what I have heard, andthis is how things are done among us." Malik said that a man who had committed fornication with a womanand the hadd-punishment had been applied to him for it, could marrythat woman's daughter and his son could marry the woman herself if hewished. That was because he had haram relations with her, and therelations Allah had made haram were from the relations made in a halalmanner or in a manner resembling marriage. Allah, the Blessed, theExalted, said, "Do not marry the women your fathers have married. "(Sura 4 ayat 21) Malik said, "If a man were to marry a womanin her idda-period in a halal marriage and have relations with her, itwould be haram for his son to marry the woman. That is because thefather married her in a halal manner, and the hadd-punishment wouldnot have been applied to him. Any child who was born to him would beattached to him as the father. Just as it would be haram for the sonto marry a woman whom his father had married in her idda-period andhad relations with, so the woman's daughter would be haram for thefather if he had had sexual relations with her." Yahya related to me from Malik from Nafi from Abdullah ibn Umarthat the Messenger of Allah, may Allah bless him and grant him peace,forbade shighar, which meant one man giving his daughter in marriageto another man on the condition that the other gave his daughter tohim in marriage without either of them paying the bride-price. Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasimfrom his father from Abd ar-Rahman and Mujamma the sons of Yazid ibnJariya al-Ansari from Khansa bint Khidam al-Ansariya that her fathergave her in marriage and she had been previously married. Shedisapproved of that, and went to the Messenger of Allah, may Allahbless him and grant him peace, and he revoked the marriage. Yahya related to me from Malik from Abu'z-Zubayr al-Makki that acase was brought to Umar about a marriage which had only beenwitnessed by one man and one woman . He said, "This is a secretmarriage 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 thewife of Rushayd ath-Thaqafi. He divorced her, and she got married inher idda-period. Umar ibn al-Khattab beat her and her husband with astick several times, and separated them. Then Umar ibn al-Khattabsaid, "If a woman marries in her idda-period, and the new husband hasnot consummated the marriage, then separate them, and when she hascompleted the idda of her first husband, the other becomes a suitor.If he has consummated the marriage then separate them. Then she mustcomplete her idda from her first husband, and then the idda from theother one, and they are never to be reunited." Malik added,''Said ibn al-Musayyab said that she had her dowry because he hadconsummated the marriage." Malik said,"The practice with usconcerning a free woman whose husband dies, is that she does an iddaof four months and ten days and she does not marry if she doubts herperiod until she is free of any doubt or if she fears that she ispregnant." Yahya related to me from Malik that he had heard that Abdullahibn Abbas and Abdullah ibn Umar were asked about a man who had a freewoman as a wife and then wanted to marry a slave-girl. Theydisapproved that he should combine the two of them. Yahya related to me from Malik from Yahya ibn Said that Said ibnal-Musayyab said, "The slave girl is not married when there is a freewoman who is a wife unless the free woman wishes it. If the free womancomplies, she has two-thirds of the division of time." Maliksaid, "A free man must not marry a slave-girl when he can afford tomarry a free-woman, and he should not marry a slave-girl when hecannot afford a free woman unless he fears fornication. That isbecause Allah, may he be Blessed and Exalted, says in His Book, 'Ifyou are not affluent enough to marry believing women, who aremuhsanat, take slave-girls who are believing women that your righthands own.' (Sura 4 ayat 24) He says, 'That is for those of you whofear al-anat.' " Malik said, "Al-anat is fornication." Yahya related to me from Malik from Ibn Shihab from Abu Abd ar-Rahman that Zayd ibn Thabit said that if a man divorced his slave-girlthree times and then bought her, she was not halal for him until shehad married another husband. Yahya related to me from Malik that he had heard that Said ibnal-Musayyab and Sulayman ibn Yasar were asked whether, when a manmarried a slave of his to a slave-girl and the slave divorced herirrevocably, and then her master gave her to the slave, she was thenhalal 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 abouta man who had a slave-girl as a wife, and then he bought her, anddivorced her once. He said, "She is halal for him by the possession ofthe right hand as long as he does not make his divorce irrevocable. Ifhe irrevocably divorces her, she is not halal for him by thepossession of the right hand until she has married another husband." Malik said that if a man rnarried a female slave and then shehad a child by him, and then he bought her, she was not an umm waladfor him because of the child born to him while she belonged toanother, until she had had a child by him while she was in hispossession after he had purchased her. Malik said, "If hebuys her and she is pregnant by him and she then gives birth while shebelongs to him, she is his umm walad by that pregnancy, according towhat we think, and Allah knows best." Yahya related to me from Malik from Ibn Shihab from Ubaydullahibn Abdullah ibn Utba ibn Masud from his father that Umar ibn al-Khattab was asked about a woman and her daughter who were in thepossession of the right hand, and whether one could have intercoursewith one of them after the other Umar said, "I dislike both beingpermitted together." He then forbade that. Yahya related to me from Malik from Ibn Shihab from Qabisa ibnDhu'ayb that a man asked Uthman ibn Affan whether one could haveintercourse with two sisters who one owned. Uthman said, "One ayatmakes them halal, and one ayat makes them haram. As for me, I wouldn'tlike to do it." The man left him and met one of the companions of theMessenger of Allah, may Allah bless him and grant him peace, and askedhim about it, and he said, "Had I any authority and I found someonewho had done it, I would punish him as an example." IbnShihab added, "I think that it was Ali ibn Abi Talib. " Yahya related to me from Malik that he had heard that az-Zubayribn al-Awwam said the like of that. Malik said that if a manhad sexual relations with a female slave that he owned, and then hewanted to also have relations with her sister, the sister was nothalal for a man until intercourse with the slave-girl had been madeharam 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 thanhis slave. Yahya related to me from Malik that he had heard that Umar ibnal-Khattab gave his son a slave-girl and said, "Do not touch her, forI have uncovered her." Yahya related to me from Malik thatAbd arRahman ibn al-Mujabbir said that Salim ibn Abdullah gave his sona slave-girl and said, "Do not go near her, for I wanted her, and didnot act towards her." Yahya related to me from Malik from Yahya ibn Said that AbuNahshal ibn al-Aswad said to al-Qasim ibn Muhammad,"I saw a slave-girlof mine uncovered in the moonlight, and so I sat on her as a man sitson a woman. She said that she was menstruating, so I stood up and havenot gone near her after that. Can I give her to my son to haveintercourse with?" Al-Qasim forbade that. Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abdal-Malik ibn Marwan that he gave a slave-girl to a friend of his, andlater asked him about her. He said, "I intended to give her to my sonto do such-and-such with her." Abd al-Malik said, "Marwan was morescrupulous than you. He gave a slave-girl to his son, and then hesaid, 'Do not go near her, for I have seen her leg uncovered .' " Malik said, "It is not halal to marry a christian or jewishslave-girl because Allah the Blessed, the Exalted, said in His Book,'Believing women who are muhsanat and women of those who were giventhe Book before you who are muhsanat', (sura 5 ayat 6) and they arefree women from the Christians and Jews. Allah, the Blessed, theExalted, said in His Book, 'If you are not affluent enough to marrybelieving women who are muhsanat, take believing slave-girls whom yourright hands own.' " (Sura 4 ayat 24) Malik said, "In ouropinion, Allah made marriage to believing slave-girls halal, and Hedid not make halal marriage to christian and jewish slave-girls fromthe People of the Book." Malik said, "The christian andjewish slave-girl are halal for their master by right of possession,but intercourse with a magian slave-girl is not halal by the right ofpossession." 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 heardfrom al-Qasim ibn Muhammad that they said, "When a free man marries aslave-girl and consummates the marriage, she makes him muhsan." Malik said, "All (of the people of knowledge) I have seen saidthat a slave-girl makes a free man muhsan when he marries her andconsummates the marriage." Malik said, "A slave makes a freewoman muhsana when he consummates a marriage with her and a free womanonly makes a slave muhsan when he is freed and he is her husband andhas had sexual relations with her after he has been set free. If heparts from her before he is free, he is not a muhsan unless he marriesher after having been set free and he consummates the marriage." Malik said, "When a slave-girl is married to a free man and thenhe separates from her before she is set free, his marriage to her doesnot make her muhsana. She is not muhsana until she has married aftershe 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 isset free while she is his wife before he separates from her, the manmakes her muhsana if he has intercourse with her after she has beenset free." Malik said, "The christian and jewish free womenand the muslim slave-girl all make a muslim free man muhsan when hemarries one of them and has intercourse with her." Yahya related to me from Malik from Ibn Shihab from Abdullah andHasan, the sons of Muhammad ibn Ali ibn Abi Talib from their ather,mayAllah be pleased with him, that the Messenger of Allah, may Allahbless him and grant him peace, forbade temporary marriage with womenand 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 ispregnant by him.'' Umar ibn al-Khattab went out in dismay dragging hiscloak, saying, "This temporary marriage, had I come across it, I wouldhave ordered stoning and done away with it! " Yahya related to me from Malik that he heard Rabia ibn Abd ar-Rahman say that a slave could marry four women. Malik said,"This is the best of what I have heard about the matter." Malik said, "The slave differs with the muhallil if the slave is givenpermission by his master for his ex-wife. If his master does not givehim permission, he separates them. The muhallil is separated in anycase if he intends to make the woman halal by marriage." Malik said, "When a slave is owned by his wife or a husband owns hiswife, 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 buysher, 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 himand she is in the idda-period from him, they can only return to eachother after she has made another marriage." Malik related to me from Ibn Shihab that he had heard that in thetime of the Messenger of Allah, may Allah bless him and grant himpeace, women were becoming muslim in their own lands and they did notdo hijra while their husbands were still kafirun although theythemselves had become muslim. Among them was the daughter of al-Walidibn al-Mughira and she was the wife of Safwan ibn Umayya. She becamemuslim on the day of the conquest (of Makka), and her husband, Safwanibn Umayya fled from Islam. The Messenger of Allah, may Allah blesshim and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayrwith the cloak of the Messenger of Allah, may Allah bless him andgrant him peace, as a safe-conduct for Safwan ibn Umayya, and theMessenger of Allah, may Allah bless him and grant him peace, calledhim to Islam and asked for him to come to him and if he was pleasedwith the matter to accept it. If not he would have a respite for twomonths. When Safwan came to the Messenger of Allah, may Allahbless him and grant him peace, with his cloak, he called out to himover the heads of the people, "Muhammad! Wahb ibn Umayr brought meyour cloak and claimed that you had summoned me to come to you and ifI was pleased with the matter, I should accept it and if not, youwould give me a respite for two months. "The Messenger of Allah, mayAllah bless him and grant him peace, said, "Come down, Abu Wahb." Hesaid, "No, by Allah! I will not come down until you make it clear tome." The Messenger of Allah, may Allah bless him and grant him peace,said, "You have a respite of four months." The Messenger of Allah, mayAllah bless him and grant him peace, went out toward Hawazin atHunayn. He sent to Safwan ibn Umayya to borrow some equipment and armsthat he had. Safwan said, "Willingly or unwillingly?" He said,"Willingly." Therefore he lent him the equipment and arms which hehad. Then Safwan went out with the Messenger of Allah, may Allah blesshim and grant him peace, while he was still a kafir. He was present atthe battles of Hunayn and at-Ta'if while he was still a kafir and hiswife was a muslim. The Messenger of Allah, may Allah bless him andgrant him peace, did not separate Safwan and his wife until he hadbecome muslim, and his wife was settled with him by that marriage. Yahya related to me from Malik that Ibn Shihab said, "Between theIslam of Safwan and the Islam of his wife there was about one month." Ibn Shihab said, "We have not heard about any woman doinghijra for Allah and His Messenger while her husband was a kafirabiding in the land of kufr, but that her hijra separated her and herhusband unless her husband came in hijra before her period of idda hadbeen completed." Yahya related to me from Malik from Ibn Shihab that Umm Hakimbint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahlbecame muslim on the day of the conquest of Makka, and her husbandIkrima fled from Islam as far as the Yemen. Umm Hakim set out afterhim 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 Allahbless him and grant him peace, in the year of the conquest. When theMessenger 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 untilhe had made the pledge with him. They were confirmed in theirmarriage. Malik said, "If a man becomes muslim before hiswife, a separation occurs between them when he presents Islam to herand she does not become muslim, because Allah, the Blessed, theExalted, said in His Book, 'Do not hold fast to the ties of women whoare kafirun.' " Yahya related to me from Malik from Humayd at-Tawil from Anas ibnMalik that Abd ar-Rahman ibn Awf came to the Messenger of Allah, mayAllah bless him and grant him peace, and he had a traceof yellow onhim. The Messenger of Allah, may Allah bless him and grant him peace,asked about it. He told him that he had just been married. TheMessenger 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 datepit in gold." The Messenger of Allah, may Allah bless him and granthim peace, said to him, "Hold a feast, even if it is only with asheep. Yahya related to me from Malik that Yahya ibn Said said, "I haveheard that the Messenger of Allah, may Allah bless him and grant himpeace, held a wedding feast in which there was neither meat norbread." Yahya related to me from Malik from Nafi from Abdullah ibn Umarthat 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 thatAbu Hurayra said, "The worst food is the food of a wedding feast towhich the rich are invited and the poor are left out. If anyonerejects an invitation, he has rebelled against Allah and HisMessenger." Yahya related to me from Malik that Ishaq ibn Abdullah ibn AbiTalha heard Anas ibn Malik say that a certain tailor invited theMessenger of Allah, may Allah bless him and grant him peace, to eatsome food which he had prepared. Anas said, "I went with theMessenger of Allah, may Allah bless him and grant him peace, to eatthe food. He served barley bread and a soup with pumpkin in it. I sawthe Messenger of Allah, may Allah bless him and grant him peace, goingafter the pumpkin around the dish, so I have always liked pumpkinsince that day." Yahya related to me from Malik from Zayd ibn Aslam that theMessenger 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 forelockand 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 thatsomebody asked a man for his sister in marriage and the man mentionedthat she had committed fornication. Umar ibn al-Khattab heard about itand he beat the man or almost beat him, and said, "What did you meanby giving him such information?" Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahmanthat al-Qasim ibn Muhammad and Urwa ibn az-Zubayr said that a man whohad four wives and then divorced one of them irrevocably, could marrystraightaway if he wished, and he did not have to wait for thecompletion of her idda. Yahya related to me from Malik from Rabia ibn Abd ar-Rahman thatal-Qasim ibn Muhammad and Urwa ibn az-Zubayr gave the same judgementto al-Walid ibn Abd al-Malik in the year of his arrival in Madinaexcept that al-Qasim ibn Muhammad said that he divorced his wife onvarious 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 ibnKhadij married the daughter of Muhammad ibn Maslama al-Ansari. She waswith him until she grew older, and then he married a young girl andpreferred the young girl to her. She begged him to divorce her, so hedivorced her and then he gave her time until she had almost finishedher idda period and then he returned and still preferred the younggirl. She therefore asked him to divorce her. He divorced her once,and then returned to her, and still preferred the young girl, and sheasked him to divorce her. He said, "What do you want? There is onlyone divorce left. If you like, continue and put up with what you seeof 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 ofthat. Rafi did not see that he had done any wrong action when sheremained with him in spite of preference.