Marriage

كتاب النكاح

Chapter 40: Invoking Curses - Section 1

He reported the Prophet as saying to two who were invoking curses regarding one another, “Your reckoning is in God’s hands, for one of you is lying.” He then told the man that he could not remarry her, whereupon he said, “Messenger of God, what about my property?”* He replied, “There is no property for you. If you have spoken the truth, it is the price of your having had the right to intercourse with her; and if you have lied against her, it is more remote still from you than she is.” * Referring to the dower be had paid.(Bukhari and Muslim.).

Abu Huraira told that Sa'd b. ‘Ubada asked, “If I were to find a man with my wife, should I not touch him before bringing four witnesses?” Then when God’s Messenger replied that that was so, he said, “By no means. I swear by Him who has sent you with the truth that I would take my sword to him before that.” God’s Messenger said, “Listen to what your chief says. He is jealous of his honour, but I am more jealous than he is and God is more jealous than I am.” Muslim transmitted it.

He told of a desert Arab who came to God’s Messenger and said, “My wife has given birth to a black son and I have disowned him.” God’s Messenger asked him whether he had any camels, and when he replied that he had, he asked what their colour was and was told that they were red. He asked if there was a dusky one among them, and was told that there were some. He asked how he thought that had come about, and was told that it was a strain to which they had reverted. Then saying that this was perhaps a strain to which the child had reverted, he did not permit him to disown him. (Bukhari and Muslim.)

Sa‘d b. Abu Waqqas and Abu Bakra reported God’s Messenger as saying, "If anyone knowingly claims as father one who is not his father, paradise is forbidden to him.” (Bukhari and Muslim.)

Chapter 41: Invoking Curses - Section 2

Ibn ‘Abbas told of a man coming to the Prophet and saying, “I have a wife who rejects no one who wishes intercourse with her,” but when he told him to divorce her he replied that he loved her, so he told him that in that case he should keep her. Abu Dawud and Nasa’i transmitted it, Nasa’i saying that one of the transmitters traced it to Ibn ‘Abbas and that one did not, adding that this tradition is not well established.

Chapter 44: The Period a Divorced Woman must Wait before she may Remarry - Section 2

Zainab daughter of Ka‘b said that al-Furai‘a daughter of Malik b. Sinan and sister of Abu Sa'id al-Khudri informed her that she went to God’s Messenger and asked to be allowed to return to her people among the B. Khudra, for her husband had gone out in search of some slaves of his who had run away and they had killed him. She said she asked God's Messenger to be allowed to return to her people, for her husband had not left her in a house which belonged to him, nor had he left any maintenance and that when he agreed she went away, but when she was in the courtyard (or in the mosque) he called her and said, “Stay in your house till the prescribed period is ended.” She said that she observed the period in it for four months and ten days. Malik, Tirmidhi, Abu Dawud, Nasa’i,. Ibn Majah and Darimi transmitted it.

Chapter 45: The Period a Divorced Woman must Wait before she may Remarry - Section 3

Sa'id b. al-Musayyib reported ‘Umar b. al-Khattab as saying, “If any woman is divorced and has one or two menstrual periods then stops menstruating she must wait nine months, and if it is apparent that she is pregnant the rules concerning that are applied; otherwise she must observe a period of three months after the nine months are ended, after which she may lawfully remarry. Malik transmitted it.

Chapter 48: Waiting till one Menstrual Period has Passed in the case of a newly Purchased Slavewoman - Section 3

Ibn ‘Umar said that when a girl with whom intercourse might be had was given as a present, or sold, or set free, it was necessary to wait till she had had a menstrual period, but that this was unnecessary in the case of a virgin. Razin transmitted.

Chapter 49: Maintenance, and a Slave’s Rights - Section 1

Jabir b. Samura reported God’s Messenger as saying, “When God prospers any of you he should spend first on himself and his family.” Muslim transmitted it.

Abu Dharr reported God’s Messenger as saying, “God has put your brethren under your authority, so he who has his brother put under his authority by God must feed him from what he eats, clothe him from what he wears, and not impose on him work which is too much for him, but if he does so he must help him with it.” (Bukhari and Muslim.)

‘Abdallah b. ‘Amr told that a steward of his came to him and he asked him whether he had given the slaves their food. When he replied that he had not, he told him to go and give it to them, for God’s Messenger had said, “It is a serious enough fault for a man to withhold his food from one whom he possesses.” A version has, “It is a serious enough fault for a man to destroy one he is bound to sustain.”Muslim transmitted it.

Abu Mas'ud al-Ansari said

When I was beatinig a servant of mine I heard a voice behind me saying, “Know, Abu Mas'ud, that God has more power over you than you have over him.” On turning round and seeing that it was God’s Messenger, I said, “Messenger of God, he is free for God’s sake.” He replied, “If you had not done it the fire would have burned you,” or, “the fire would have touched you.” Muslim transmitted it.

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

‘Ali said

God’s Messenger presented me with two youths who were brothers, and when I sold one of them God’s Messenger asked me, “What has happened to your young man, ‘Ali?” When I told him he said, “Get him back, get him back.” Tirmidhi and Ibn Majah transmitted it.

Abu Umama told that God’s Messenger gave ‘Ali a youth and said, “Do not beat him, for I have been prohibited from beating people who observe the prayer, and I have seen him praying.” This is the wording in al-Masabih.

In al-Mujtaba by Daraqutni ‘Umar b. al-Khattab is reported as saying, “God’s Messenger forbade us to beat people who observe the prayers.”

‘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.

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.

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

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