Marriage

كتاب النكاح

Chapter 50: Maintenance, and a Slave’s Rights - Section 2

‘Abdallah b. ‘Umar told that a man came to the Prophet and said, “Messenger of God, how often shall I forgive a servant?” He gave no reply, so the man repeated what he had said, but he still kept silence. When he asked a third time he replied, “Forgive him (The verb is in the plural) seventy times daily.” Abu Dawud transmitted it, but Tirmidhi transmitted it from 'Abdallah b. ‘Amr.

Abu Dharr reported God’s Messenger as saying, “Feed those of your slaves who please you from what you eat and clothe them from what you clothe yourselves, but sell those who do not please you and do not punish God’s creatures.” Ahmad and Abu Dawud transmitted it.

Sahl b. al-Hanzaliya told of God’s Messenger coming upon an emaciated camel and saying, “Fear God regarding these dumb animals. Ride them when they are in good condition and let them free when they are in good condition.” Abu Dawud transmitted it.

Chapter 51: Maintenance, and a Slave’s Rights - Section 3

Ibn ‘Abbas said

When the words of God most high came down, “Do not come near an orphan’s property except to improve it,” (Al-Qur’an 6:152) and “Those who devour unjustly the property of orphans. . .” (Al-Qur’an 4:10) those who were in charge of an orphan went and separated their food and drink from his, and if any of the orphan’s food or drink was left over they kept it for him until he ate it or it went bad. Finding that a burden, they mentioned the matter to God’s Messenger, and God most high sent down, “And they ask you about orphans. Say, to set things right for them is good, and if you intermix with them they are your brethren” (Al-Qur’an 2:220). They then mixed their food and their drink with theirs. Abu Dawud and Nasa'i transmitted it.

Abu Musa said that God's Messenger cursed those who separated a parent from his child and a brother from his brother. Ibn Majah and Daraqutni transmitted it.

‘Abdallah b. Mas'ud said that when captives were brought to the Prophet he gave families together through dislike of separating them. Ibn Majah transmitted it.

Abu Huraira reported God’s Messenger as saying, “Let me tell you who your evil ones are. They are those who eat alone, beat their slaves, and withhold their help.” Razin transmitted it.

Abu Bakr as-Siddiq reported God’s Messenger as saying, “One who treats badly those under his authority will not enter paradise.” He was asked whether he had not told them that this people had more slaves and orphans than any other, and replied, “Yes, so treat them as generously as you treat your children and give them food out of what you eat.” They then asked what benefit they got out of the world, and he replied, “A horse which you equip to fight on it in God’s path, and a slave who serves you sufficiently; and when he prays he is your brother.” Ibn Majah transmittted it.

Chapter 52: Young People Attaining Puberty and their Guardianship in Childhood - Section 1

Ibn ‘Umar said

I was brought before God’s Messenger in the year of Uhud when I was fourteen and he sent me back. Then I was brought before him in the year of the Trench when I was fifteen and he gave me permission to fight.* ‘Umar b. ‘Abd al-‘Aziz said this represents the difference between fighting men and children. * Ajazani. It may be translated as above or it may mean “he gave me a fighting man's permission”.(Bukhari and Muslim.)

Al-Bara’ b. ‘Azib said the Prophet made peace on the occasion of al-Hudaibiya on three conditions

that if any of the polytheists came to him he should send them back to them; that if any of the Muslims went to them they should not send them back; and that he should be allowed to enter [Mecca] the following year and stay in it for three days. When he entered it and the period had passed he went out, and Hamza’s daughter followed him calling, “Uncle, uncle.” ‘Ali took her and held her by the hand, and ‘Ali, Zaid and Ja'far disputed about her. ‘Ali said, “I have taken her, and she is the daughter of my paternal uncle.” Ja'far said, “She is the daughter of my paternal uncle and her maternal aunt is my wife.” Zaid said, “She is my brother’s daughter.” The Prophet then gave decision about her in favour of her maternal aunt, saying, “The maternal aunt is in the position of the mother.” To ‘Ali he said, “You pertain to me and I pertain to you;” to Ja'far, “You resemble my form and nature;” and to Zaid, “You are our brother and client.” (Bukhari and Muslim.)

Chapter 53: Young People Attaining Puberty and their Guardianship in Childhood - Section 2

‘Amr b. Shu'aib, on his father’s authority, said his grandfather,‘Abdallah b. ‘Amr, told of a woman who said, “Messenger of God, my womb was a vessel to this son of mine, my breasts a water-skin for him, and my lap a guard for him, yet his father has divorced me and wants to take him away from me.” God’s Messenger replied, “You have more right to him as long as you do not marry.” Ahmad and Abu Dawud transmitted it.

Abu Huraira said God’s Messenger gave a boy a choice between his father and his mother. Tirmidhi transmitted it.

He told of a woman who came to God's Messenger and said, “My husband wants to take away my son, and he has provided drink and other benefits for me.” The Prophet said, “This is your father and this is your mother, so take whichever of them you wish by the hand.” He took his mother’s hand and she went off with him. Abu Dawud, Nasa'i and Darimi transmitted.it.

Chapter 54: Young People Attaining Puberty and their Guardianship in Childhood - Section 3

Hilal b. Usama quoted Abu Maimuna Sulaiman,* client of the people of Medina, as saying

While I was sitting with Abu Huraira a Persian woman came, to him along with a son of hers. She had been divorced by her husband and they both claimed him. She addressed him in foreign speech telling him that her husband wished to take her son away, and Abu Huraira told them to cast lots for him, saying that to her in foreign speech. Then her husband came and asked who was disputing with him about his son, and Abu Huraira assured him in God's name that the only reason why he said what he had said was because once when he was sitting with God’s Messenger a woman came to him and said, “Messenger of God, my husband wants to take away my son, and he had benefited me and drawn water for me from the well of Abu ‘Inaba.” (Nasa’i has “from sweet water.”) God’s Messenger replied, “Cast lots for him.” Her husband asked, “Who is disputing with me about my son?” and God’s Messenger said, “This is your father and this is your mother, so take whichever of them you wish by the hand,” and he took his mother’s hand. * Mirqat, iii, 536 says that while Sulaiman appears in all texts of the Mishkat, the correct form is Salman. Abu Dawud, Talaq, 35 (in the 2-vol. edn. Cairo, 1348 A.H.) has Salma (or Sulma). See further Ibn Hajar, Tahdhib, xii, 253.Abu Dawud and Nasa’i transmitted it, but Nasa’i mentioned the version which was traced back to the Prophet. Darimi transmitted it on the authority of Hilal b. Usama.