4. An-Nisa’
4.1 It was narrated from Hudhaifah that:
The Prophet (ﷺ) recited Surat Al-Baqarah, Al ‘Imran and An-Nisa’ in one rak’ah, and he did not reach any verse that spoke of mercy but he asked Allah for it, nor any verse that spoke of punishment but he asked Allah for protection therefrom.
4.2 Narrated Ibrahim:
from ‘Abidah that ‘Abdullah said: “The Messenger of Allah (ﷺ) said to me: ‘Recite for me.’ I said: ‘O Messenger of Allah! Shall I recite for you while it is to you whom it was revealed?’ He said: ‘I love to hear it from other than me.'” So I recited Surat An-Nisa until I reached:
فكيف إذا جئنا من كل أمة بشهيد وجئنا بك على هؤلاء شهيدا
“So how [will it be] when We bring from every nation a witness and we bring you, [O Muhammad] against these [people] as a witness? (4:41)”
He said: “So I saw the eyes of the Prophet (ﷺ) overflowing with tears.”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3025
4.3 It was narrated from Al-Bara’ that the Prophet (ﷺ) said:
“bring me a shoulder blade of a camel, or a tablet, and write: Not equal are those of the believers who sit (at home).” [1] ‘Amr bin Umm Maktum was behind him and he said: “Is there a concession for me?” Then the following was revealed: “Except those who are disabled (by injury or are blind or lame).” [2] [1] An-Nisa’ 4:95. [2] An-Nisa’ 4:95.
4.4 It was narrated that Al-Bara’ said:
“When the following was revealed: ‘Not equal are those of the believers who sit (at home),’ [1] Ibn Umm Maktum, who was blind, came and said: ‘O Messenger of Allah, what about me? I am blind.’ He said: ‘He did not leave before the following was revealed: Except those who are disabled (by injury or are blind or lame).'” [2] [1] An-Nisa’ 4:95. [2] An-Nisa’ 4:95.
4.5 Narrated Al-Bara:
The last Sura which was revealed in full was Baraa (i.e. Sura-at-Tauba), and the last Sura (i.e. part of a Sura) which was revealed was the last Verses of Sura-an-Nisa’:– “They ask you for a legal decision. Say: Allah directs (thus) About those who have No descendants or ascendants As heirs.” (4.177)
4.6 Narrated Sa`id bin Jubair:
The people of Kufa differed as regards the killing of a believer so I entered upon Ibn `Abbas (and asked him) about that. Ibn `Abbas said, “The Verse (in Surat-An-Nisa’, 4:93) was the last thing revealed in this respect and nothing cancelled its validity.”
Sahih al-Bukhari Vol. 6, Book 60, Hadith 286
4.7 Narrated Al-Bara:
The last Qur’anic Verse that was revealed (to the Prophet) was the final Verse of Surat-an-Nisa, i.e., ‘They ask you for a legal verdict Say: Allah directs (thus) About those who leave No descendants or ascendants as heirs….’ (4.176)
4.8 Narrated Al-Qasim bin Abi Bazza:
That he asked Sa`id bin Jubair, “Is there any repentance of the one who has murdered a believer intentionally?” Then I recited to him:– “Nor kill such life as Allah has forbidden except for a just cause.” Sa`id said, “I recited this very Verse before Ibn `Abbas as you have recited it before me. Ibn `Abbas said, ‘This Verse was revealed in Mecca and it has been abrogated by a Verse in Surat-An-Nisa which was later revealed in Medina.”
Sahih al-Bukhari Vol. 6, Book 60, Hadith 285
4.9 It was narrated from Abu Mijlaz that:
Abu Musa was between Makkah and Al-Madinah. He prayed ‘Isha with two rak’ahs, then he stood and prayed one rak’ah of witr in which he recited one hundred verses from An-Nisa’. Then he said: “I tried my best to place my feet where the Messenger of Allah (ﷺ) placed his, and to recite what the Messenger of Allah (ﷺ) recited.”
4.10 Narrated Ibn `Abbas (RAA):
concerning the verse, “And if you are ill or on a journey…” (an-Nisa’: 43). He said, “If a man sustains a wound, which he suffered during Jihad (in the cause of Allah) or ulcers, then he became junub (sexually impure) and is afraid that if he bathes he would die; he may perform ablution with clean earth (Tayammum). [Reported by Ad- Daraqutni in a Mawquf (untraceable) Hadith and Al-Bazzar in a Marfu’ (traceable) one. Ibn Khuzaima and Al-Hakim graded it Sahih (sound)].
4.11 It was narrated that Umayyah bin ‘Abdullah bin Khalid bin Asid said to Ibn ‘Umar:
“How can the Salah be shortened as Allah says: There is no sin on you if you shorten As-Salah (the prayer) if you are in fear?” [1] Ibn ‘Umar said: “O son of my brother! The Messenger of Allah (ﷺ) came to us when we had gone astray and he taught us. One of the things that he taught us was that Allah, the Mighty and Sublime, has commanded us to pray two Rak’ahs when traveling.” [1] An-Nisa’ 4:101.
4.12 It was narrated from Ma’dan bin Abu Talhah Al-Ya’muri that
‘Umar bin Khattab stood up to deliver a sermon one Friday, or he addressed them one Friday. He praised and glorified Allah, and said:
“By Allah, I am not leaving behind any problem more difficult than the one who leaves behind an heir. I asked the Messenger of Allah (ﷺ), and he never spoke so harshly to me about anything as he spoke to me about this. He jabbed his finger into my side or my chest and said: ‘O ‘Umar, sufficient for you is the Verse that was revealed in summer, at the end of Surat An-Nisa’.”
Sunan Ibn Majah Vol. 4, Book 23, Hadith 2726
4.13 Yahya related to me from Malik
from Zayd ibn Aslam that Umar ibn al-Khattab asked the Messenger of Allah, may Allah bless him and grant him peace, about someone who died without parents or offspring, and the Messenger of Allah, may Allah bless him and grant him peace, said to him, “The ayat which was sent down in the summer at the end of the Surat an-Nisa (Sura 4) is enoughfor you.”
Malik said, “The generally agreed on way of doing things among us, in which there is no dispute, and which I saw the people of knowledge in our city doing, is that the person who leaves neither parent or offspring can be of two types. As for the kind described in the ayat which was sent down at the beginning of the Surat an-Nisa in which Allah, the Blessed, the Exalted! said, ‘If a man or a woman has no direct heir, but has a brother or a sister by the mother, each of the two has a sixth. If there are more than that, they share equally in a third.’ (Sura 4 ayat 12) This heirless one does not have heirs among his mother’s siblings since there are no children or parents. As for the other kind described in the ayat which comes at the end of the Surat an-Nisa, Allah, the Blessed, the Exalted, said in it, ‘They will ask you for a decision. Say, “Allah gives you a decision about the indirect heirs. If a man perishes having no children, but he has a sister, she shall receive a half of what he leaves, and he is her heir if she has no children. If there are two sisters, they shall receive two-thirds of what he leaves. If there are brothers and sisters, the male shall receive the portion of two females. Allah makes clear to you that you might not go astray. Allah has knowledge of everything” ‘ ” (Sura 4 ayat 176).
Malik said, “If this person without direct heirs (parents) or children has siblings by the father, they inherit with the grandfather from the person without direct heirs. The grandfather inherits with the siblings because he is more entitled to the inheritance than them. That is because he inherits a sixth with the male children of the deceased when the siblings do not inherit anything with the male children of the deceased. How can he not be like one of them when he takes a sixth with the children of the deceased? How can he not take a third with the siblings while the brother’s sons take a third with them? The grandfather is the one who overshadows the half-siblings by the mother and keeps them from inheriting. He is more entitled to what they have because they are omitted for his sake. If the grandfather did not take that third, the half-siblings by the mother would take it and would take what does not return to the half-siblings by the father. The half-siblings by the mother are more entitled to that third than the half-siblings by the father while the grandfather is more entitled to that than the half- siblings by the mother.”
Muwatta Malik Book 27, Hadith 7
4.14 It was narrated from ‘Umar that:
When the prohibition of Khamr was revealed, ‘Umar said: “O Allah, give us a clear ruling on Khamr,” and the Verse in Al-Baqarah was revealed. ‘Umar was called and it was recited to him. Then ‘Umar said: “O Allah, give us a clear ruling on Khamr,” and the Verse in An-Nisa’ was revealed: “O you who believe! Approach not As-Salah (the prayer) when you are in a drunken state”. And when the Iqamah for prayer was said, the caller of the Messenger of Allah [SAW] would cry out: “O you who believe! Approach not As-Salah (the prayer) when you are in a drunken state.” ‘Umar was called and this was recited to him. Then he said: “O Allah, give us a clear ruling on Khamr.” Then the Verse in Surat Al-Ma’idah was revealed, and ‘Umar was called, and it was recited to him. When he reached the words, “So, will you not then abstain?,” ‘Umar said: “We have abstained, we have abstained.”
4.15 Sa’id bin Jubair said:
I asked Ibn ‘Abbas (about the verse relating to intentional homicide in Surat An-Nisa’) He said: When the verse “Those who invoke not with Allah any other god, nor slay such life as Allah had made sacred, except for just cause” was revealed, the polytheists of Mecca said: We have killed the soul prohibited by Allah, invoked another god along with Allah for worship, and committed shameful deeds. So Allah revealed the verse “unless he repents, believes, and works righteous deeds, for Allah will change the evil of such persons into good.” This is meant for them. As regards the verse “if a man kills a believer intentionally, his recompense is Hell” He said: If a man knows the command of Islam and intentionally kills a believer, his repentance will not be accepted. I then mentioned it to Mujahid. He said: “Except the one who is ashamed (of his sin).”
4.16 It was narrated from Muhammad bin Munkadir that he heard Jabir bin ‘Abdullah say:
“I fell sick and the Messenger of Allah (ﷺ) came to visit me, he and Abu Bakr with him, and they came walking. I had lost consciousness, so the Messenger of Allah (ﷺ) performed ablution and poured some of the water of his ablution over me. I said: ‘O Messenger of Allah, what should I do? How should I decide about my wealth?’ Until the Verse of inheritance was revealed at the end of An-Nisa’: “If the man or woman whose inheritance is in question has left neither ascendants or descendents.” [4:12] And: “They ask you for a legal verdict. Say: ‘Allah directs (thus) about those who leave neither descendants nor ascendants as heirs.’” [4:176]
Sunan Ibn Majah Vol. 4, Book 23, Hadith 2728
4.17 Narrated Jabir bin `Abdullah Al-Ansari:
Once a man was driving two Nadihas (camels used for agricultural purposes) and night had fallen. He found Mu`adh praying so he made his camel kneel and joined Mu`adh in the prayer. The latter recited Surat ‘Al-Baqara” or Surat “An-Nisa”, (so) the man left the prayer and went away. When he came to know that Mu`adh had criticized him, he went to the Prophet, and complained against Mu`adh. The Prophet said thrice, “O Mu`adh ! Are you putting the people to trial?” It would have been better if you had recited “Sabbih Isma Rabbika-l-A`la (87)”, Wash-shamsi wa duhaha (91)”, or “Wal-laili idha yaghsha (92)”, for the old, the weak and the needy pray behind you.” Jabir said that Mu`adh recited Sura Al-Baqara in the `Isha’ prayer.
4.18 Narrated Sa`id bin Jubair:
`AbdurRahman bin Abza said, “Ask Ibn `Abbas about these two Qur’anic Verses: ‘Nor kill such life as Allah has made sacred, Except for just cause.’ (25.168) “And whoever kills a believer intentionally, his recompense is Hell. (4.93) So I asked Ibn `Abbas who said, “When the Verse that is in Sura-al-Furqan was revealed, the pagans of Mecca said, ‘But we have slain such life as Allah has made sacred, and we have invoked other gods along with Allah, and we have also committed fornication.’ So Allah revealed:– ‘Except those who repent, believe, and do good– (25.70) So this Verse was concerned with those people. As for the Verse in Surat-an-Nisa (4-93), it means that if a man, after understanding Islam and its laws and obligations, murders somebody, then his punishment is to dwell in the (Hell) Fire forever.” Then I mentioned this to Mujahid who said, “Except the one who regrets (one’s crime) . ”
4.19 It was narrated that Hudhaifah said:
“I prayed with the Messenger of Allah (ﷺ) one night. He started reciting Surat Al-Baqarah and he recited one hundred verses, then did not bow, rather he continued. I thought: ‘He will complete it in two rak’ahs, but he continued.’ I thought: ‘He will complete it and then bow,’ but he continued until he recited Surat An-Nisa’, then Al Imran. Then he bowed for almost as long as he had stood, saying while bowing: ‘Subhan Rabbial-azim, Subhan Rabbial-azim, Subhan Rabbial-azim ( Glory be to my Lord Almighty, Glory be to my Lord Almighty, Glory be to my Lord Almighty).’ Then he raised his head and said: ‘Sami Allahu liman hamidah (Allah hears the one who praises Him). Then he prostrated and made his prostration lengthy, saying: “Subhan Rabbial-A’la, Subhan Rabbial-A’la, Subhan Rabbial-A’la (Glory be to my Lord Most High, Glory be to my Lord Most High, Glory be to my Lord Most High). And he did not come to any verse that spoke of fear or glorifying Allah, the Mighty and Sublime, but he said something appropriate.”
4.20 It was narrated that Hudhaifah said:
“I prayed with the Prophet (ﷺ) one night. He started to recite Al-Baqarah and I thought, ‘he will bow when he reaches one hundred,’ but he carried on. I thought, ‘he is going to recite the whole surah in one rak’ah,’ but he carried on. He started to recite An-Nisa’ and recited (the whole surah), then he started to recite Al Imran and recited (the whole surah), reciting slowly. When he reached a verse that spoke of glorifying Allah (SWT), he glorified Him. When he reached a verse that spoke of supplication, he made supplication. When he reached a verse that spoke of seeking refuge with Allah, he sought refuge with Him. Then he bowed and said: ‘Subhana Rabbiyal-Azim.(Glory be to my Lord Almighty)’, and he bowed for almost as long as he had stood. Then he raised his head and said: ‘Sami Allahu liman hamidah (Allah hears those who praise Him)’, and he stood for almost as long as he had bowed. Then he prostrated and started to say: Subhana Rabbiyal-‘Ala (Glory be to my Lord Most High),’ and he prostrated for almost as long as he had bowed.'”
4.21 It was narrated that Ibn Shihab said:
“Sahl bin Sa’d said: ‘I saw Marwan sitting in the Masjid so I went and sat beside him, and he told us that Zaid bin Thabit had told him, that the Messenger of Allah (ﷺ) dictated to him the words: [Not equal are those of the believers who sit (at home) and those who strive hard and fight in the cause of Allah]. Then Ibn umm Maktum came to him while he was dictating it to me (Zaid) and said: ‘O Messenger of Allah! If I were able to go for Jihad I would go out for Jihad.’ But he was a blind man. Then Allah revealed to His Messenger (ﷺ) – while his thigh was agaisnt my thigh, and (it became so heavy that) I thought my thigh would break, then it was lifted from him, and Allah, the Mighty and Sublime, revealed: ‘Except those who are disabled (by injury or are blind or lame).'” [1] An-Nisa’ 4:95.
4.22 It was narrated from ‘Abdullah bin Zubair that :
A man from among the Ansar had a dispute with Zubair in the presence of the Messenger of Allah (ﷺ) concerning the streams of the Harrah with which he irrigated his palm trees. The Ansari said: “Let the water flow,” but he refused. So they referred their dispute to the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) said: “Irrigate (your trees) O Zubair, then let the water flow to your neighbor.” The Ansari became angry and said: “O Messenger of Allah (ﷺ), is it because he is your cousin (son of your paternal aunt)?” The expression of the Messenger of Allah (ﷺ) changed, then he said: “O Zubair, irrigate (your trees) then retain the water until it reaches the walls.” Zubair said: “I think this Verse was revealed concerning that: “But no, by your Lord, they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission [1].’” (Sahih) [1] An-Nisa 4.65
Sunan Ibn Majah Vol. 3, Book 16, Hadith 2480
4.23 Narrated Jabir ibn Abdullah:
We went out with the Messenger of Allah (ﷺ) and came to a woman of the Ansar in al-Aswaf. The woman brought her two daughters, and said: Messenger of Allah, these are the daughters of Thabit ibn Qays who was killed as a martyr when he was with you at the battle of Uhud, their paternal uncle has taken all their property and inheritance, and he has not left anything for them. What do you think, Messenger of Allah? They cannot be married unless they have some property. The Messenger of Allah (ﷺ) said: Allah will decide regarding the matter. Then the verse of Surat an-Nisa was revealed: “Allah (thus) directs you as regards your children’s (inheritance).” Messenger of Allah (ﷺ) said: Call to me the woman and her husband’s brother. He then said to their paternal uncle: Give them two-thirds and their mother an eighth, and what remains is yours.
Abu Dawud said: The narrator Bishr made a mistake. They were the daughters of Sa’d b. al-Rabi’ for Thabit b. Qais was killed in the battle of Yamamah.
4.24 Narrated Yusuf bin Mahk:
While I was with Aisha, the mother of the Believers, a person from Iraq came and asked, “What type of shroud is the best?” `Aisha said, “May Allah be merciful to you! What does it matter?” He said, “O mother of the Believers! Show me (the copy of) your Qur’an,” She said, “Why?” He said, “In order to compile and arrange the Qur’an according to it, for people recite it with its Suras not in proper order.” `Aisha said, “What does it matter which part of it you read first? (Be informed) that the first thing that was revealed thereof was a Sura from Al-Mufassal, and in it was mentioned Paradise and the Fire. When the people embraced Islam, the Verses regarding legal and illegal things were revealed. If the first thing to be revealed was: ‘Do not drink alcoholic drinks.’ people would have said, ‘We will never leave alcoholic drinks,’ and if there had been revealed, ‘Do not commit illegal sexual intercourse, ‘they would have said, ‘We will never give up illegal sexual intercourse.’ While I was a young girl of playing age, the following Verse was revealed in Mecca to Muhammad: ‘Nay! But the Hour is their appointed time (for their full recompense), and the Hour will be more grievous and more bitter.’ (54.46) Sura Al-Baqara (The Cow) and Surat An-Nisa (The Women) were revealed while I was with him.” Then `Aisha took out the copy of the Qur’an for the man and dictated to him the Verses of the Suras (in their proper order) .
4.25 Ma’dan b. Talha reported:
‘Umar b. Khattab, delivered the Friday sermon and he made a mention of the Messenger of Allah (ﷺ) and Abu Bakr. He (further) said: I saw in a dream that a cock pecked me twice, and I perceive that my death is near. Some people have suggested me to appoint my successor. And Allah would not destroy His religion. His caliphate and that with which He sent His Apostle (ﷺ) If death approaches me soon, the (issue) of Caliphate (would be decided) by the consent of these six men with whom the Messenger of Allah (ﷺ) remained well pleased till his death. And I know fully well that some people would blame me that I killed with these very hands of mine some persons who apparently professed (Islam). And if they do this (blame me) they are the enemies of Allah, and are non-believers and have gone astray. And I leave not after me anything which to my mind seems more important than Kalala. And I never turned towards the Messenger of Allah (ﷺ) (for guidance) more often than this Kalala, and he (the Holy Prophet) was not annoyed with me on any other (issue) than this: (And he was so perturbed) that he struck his fingers on my chest and said: Does this verse. that is at the end of Surat al-Nisa’. which was revealed in the hot season not suffice you? And if I live longer I would decide this (problem so clearly) that one who reads the Qur’an, or one who does not read it, would be able to take (correct), decisions (under its light). He (‘Umar) further said: Allah! I call You witness on these governors of lands, that I sent them to (the peoples of these lands) so that they should administer justice amongst them, teach them their religion and the Sunnah of the Messenger of Allah (ﷺ), and distribute amongst them the spoils of war and refer to me that which they find difficult to perform. O people. you eat ‘these two plants and these are onions and garlic. and I find them nothing but repugnant for I saw that when the Messenger of Allah (ﷺ) sensed the odour of these two from a person in a mosque, he was made to go to al-Baqi’. So he who eats it should (make its odour) die by cooking it well.
4.26 Abu Sa’id al-Khudri (Allah her pleased with him) reported that
At the Battle of Hanain Allah’s Messenger (ﷺ) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah’s Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:
” And women already married, except those whom your right hands possess (iv. 24)” (i. e. they were lawful for them when their ‘Idda period came to an end).
4.27 It has been narrated on the authority of Ibn Juraij that the Qur’anic injunction:
“O you who believe, obey Allah, His Apostle and those in authority from amongst You” (iv. 59) -was revealed in respect of ‘Abdullah b. Hudhafa b. Qais b. Adi al-Sahmi who was despatched by the Prophet (ﷺ) as leader of a military campaign. The narrator said: He was informed of this fact by Ya’la b. Muslim who was informed by Sa’id b. Jubair who in turn was informed by Ibn Abbas.
4.28 ‘A’isha reported:
I heard that never a prophet dies until he is given an option to opt the life of (this) world or that of the Hereafter. She further said: I heard Allah’s Messenger (ﷺ) say in his last illness in which he’ died. I heard him saying in gruffness of the voice: Along with those persons upon whom Allah bestowed favours from amongst the Apostles, the testifiers of truth, the martyrs, the pious and goodly company are they (iv. 69). (It was on bearing these words) that I thought that he had been given choice (and he opted to live with these pious persons in the Paradise).
4.29 Sa’id b. Jubair reported:
‘Abd al Rahman b. Abzi commanded me that I should ask Ibn ‘Abbas about these two verses:” He who slays a believer intentionally his requital shall be Hell where he would abide for ever” (iv. 92). So, I asked him and he said: Nothing has abrogated it. And as for this verse:” And they who call not upon another god with Allah and slay not the soul which Allah has forbidden, except in the cause of justice” (xxv. 68), he (Ibn Abbas) said: This has been revealed in regard to the polytheists.”
4.30 ‘Urwa b. Zubair reported that he asked ‘A’isha about the words of Allah:
” If you fear that you will not be able to maintain equity amongst the orphan girls, then marry (those) you like from amongst the women two, three or four.” She said: O, the son of my sister, the orphan girl is one who is under the patronage of her guardian and she shares with him in his property and her property and beauty fascinate him and her guardian makes up his mind to marry her without giving her due share of the wedding money and is not prepared (to pay so much amount) which anyone else is prepared to pay and so Allah has forbidden to marry these girls but in case when equity is observed as regards the wedding money and they are prepared to pay them the full amount of the wedding money and Allah commanded to marry other women besides them according to the liking of their heart. ‘Urwa reported that ‘A’isha said that people began to seek verdict from Allah’s Messenger (ﷺ) after the revelation of this verse about them (orphan girls) and Allah, the Exalted and Glorious, revealed this verse:” They asked thee verdict about women; say: Allah gives verdict to you in regard to them and what is recited to you in the Book about orphan woman, whom you give not what is ordained for them while you like to marry them” (iv. 126). She said: The wording of Allah” what is recited to you” in the Book means the first verse, i. e.” if you fear that you may not be able to observe equity in case of an orphan woman, marry what you like in case of woman” (iv. 3). ‘A’isha said: (And as for this verse [iv. 126], i. e. and you intend” to marry one of them from amongst the orphan girls” it pertains to one who is in charge (of orphans) having small amount of wealth and less beauty and they have been forbidden that they should marry what they like of her wealth and beauty out of the orphan girls, but with equity, because of their disliking for them.
4.31 Mundhir b. Jarir reported on the authority of his father:
While we were in the company of the Messenger of Allah (ﷺ) in the early hours of the morning, some people came there (who) were barefooted, naked, wearing striped woollen clothes, or cloaks, with their swords hung (around their necks). Most of them, nay, all of them, belonged to the tribe of Mudar. The colour of the face of the Messenger of Allah (ﷺ) underwent a change when he saw them in poverty. He then entered (his house) and came out and commanded Bilal (to pronounce Adhan). He pronounced Adhan and Iqima, and he (the Holy Prophet) observed prayer (along with his Companion) and then addressed (them reciting verses of the Holy Qur’an): ‘” 0 people, fear your Lord, Who created you from a single being” to the end of the verse,” Allah is ever a Watcher over you” (iv. 1). (He then recited) a verse of Sura Hashr:” Fear Allah. and let every soul consider that which it sends forth for the morrow and fear Allah” (lix. 18). (Then the audience began to vie with one another in giving charity.) Some donated a dinar, others a dirham, still others clothes, some donated a sa’ of wheat, some a sa’ of dates; till he (the Holy Prophet) said: (Bring) even if it is half a date. Then a person from among the Ansar came there with a money bag which his hands could scarcely lift; in fact, they could not (lift). Then the people followed continuously, till I saw two heaps of eatables and clothes, and I saw the face of the Messenger (ﷺ) glistening, like gold (on account of joy). The Messenger of Allah (ﷺ) said: He who sets a good precedent in Islam, there is a reward for him for this (act of goodness) and reward of that also who acted according to it subsequently, without any deduction from their rewards; and he who sets in Islam an evil precedent, there is upon him the burden of that, and the burden of him also who acted upon it subsequently, without any deduction from their burden.
4.32 It has been narrated on the authority of ‘Abd al-Rahman b. Abd Rabb al-Ka’ba who said:
I entered the mosque when ‘Abdullah b. ‘Amr b. al-‘As was sitting in the shade of the Ka’ba and the people had gathered around him. I betook myself to them and sat near him. (Now) Abdullah said: I accompanied the Messenger of Allah (ﷺ) on a journey. We halted at a place. Some of us began to set right their tents, others began to compete with one another in shooting, and others began to graze their beasts, when an announcer of the Messenger of Allah (ﷺ) announced that the people should gather together for prayer, so we gathered around the Messenger of Allah (ﷺ). He said: It was the duty of every Prophet that has gone before me to guide his followers to what he knew was good for them and warn them against what he knew was bad for them; but this Umma of yours has its days of peace and (security) in the beginning of its career, and in the last phase of its existence it will be afflicted with trials and with things disagreeable to you. (In this phase of the Umma), there will be tremendous trials one after the other, each making the previous one dwindle into insignificance. When they would be afflicted with a trial, the believer would say: This is going to bring about my destruction. When at (the trial) is over, they would be afflicted with another trial, and the believer would say: This surely is going to be my end. Whoever wishes to be delivered from the fire and enter the garden should die with faith in Allah and the Last Day and should treat the people as he wishes to be treated by them. He who swears allegiance to a Caliph should give him the piedge of his hand and the sincerity of his heart (i. e. submit to him both outwardly as well as inwardly). He should obey him to the best of his capacity. It another man comes forward (as a claimant to Caliphate), disputing his authority, they (the Muslims) should behead the latter. The narrator says: I came close to him (‘Abdullah b. ‘Amr b. al-‘As) and said to him: Can you say on oath that you heard it from the Messenger of Allah (ﷺ)? He pointed with his hands to his ears and his heart and said: My ears heard it and my mind retained it. I said to him: This cousin of yours, Mu’awiya, orders us to unjustly consume our wealth among ourselves and to kill one another, while Allah says:” O ye who believe, do not consume your wealth among yourselves unjustly, unless it be trade based on mutual agreement, and do not kill yourselves. Verily, God is Merciful to you” (iv. 29). The narrator says that (hearing this) Abdullah b. ‘Amr b. al-As kept quiet for a while and then said: Obey him in so far as he is obedient to God; and diqobey him in matters involving disobedience to God.
4.33 Abu Sa’id al-Khudri reported:
Some people during the lifetime of the Messenger of Allah (ﷺ) said: Messenger of Allah! shall we see our Lord on the Day of Resurrection? The Messenger of Allah (ﷺ) said: Yes, and added: Do you feel any trouble in seeing the sun at noon with no cloud over it, and do you feel trouble in seeing the moon (open) in the full moonlit night with no cloud over it? They said: No, Messenger of Allah! He (the Holy Prophet) said: You will not feel any trouble in seeing Allah on the Day of Resurrection any more than you do in seeing any one of them. When the Day of Resurrection comes a Mu’adhdhin (a proclaimer) would proclaim: Let every people follow what they used to worship. Then all who worshipped idols and stones besides Allah would fall into the Fire, till only the righteous and the vicious and some of the people of the Book who worshipped Allah are left. Then the Jews would be summoned, and it would be said to them: What did you worship? They will say: We worshipped ‘Uzair, son of Allah. It would be said to them: You tell a lie; Allah had never had a spouse or a son. What do you want now? They would say: We feel thirsty, O our Lord! Quench our thirst. They would be directed (to a certain direction) and asked: Why don’t you go there to drink water? Then they would be pushed towards the Fire (and they would find to their great dismay that) it was but a mirage (and the raging flames of fire) would be consuming one another, and they would fall into the Fire. Then the Christians would be summoned and it would be said to them: What did you worship? They would say: We worshipped Jesus, son of Allah. It would be said to them: You tell a lie; Allah did not take for Himself either a spouse or a son. Then it would be said to them: What do you want? They would say: Thirsty we are, O our Lord! Quench our thirst. They would be directed (to a certain direction) and asked: Why don’t you go there to get water? But they would be pushed and gathered together towards the Hell, which was like a mirage to them, and the flames would consume one another. They would fall Into the Fire, till no one is left except he who worshipped Allah, be he pious or sinful. The Lord of the Universe, Glorified and Exalted, would come to them in a form recognisable to them and say; What are you looking for? Every people follow that which they worshipped. They would say: Our Lord, we kept ourselves separate from the people in the world, though we felt great need of them; we, however, did not associate ourselves with them. He would say: I am your Lord. They would say: We take refuge with Allah from thee and do not associate anything with Allah. They would repeat it twice or thrice, till some of them would be about to return. It would be said: Is there any sign between you and Him by which you will recognise Him? They would say: Yes. and the things would be laid bare. Those who used to prostrate themselves before God of their own accord would be permitted by God to prostrate themselves. But there would remain none who used to prostrate out of fear (of people) and ostentation but Allah would make his back as one piece, and whenever he would attempt to prostrate he would fall on his back. Then they would raise their heads and He would assume the Form in which they had seen Him the first time and would say: I am your Lord. They would say: Thou art our Lord. Then the bridge would be set up over the Hell and intercession would be allowed and they will say: O God, keep safe, keep safe. It was asked: Messenger of Allah, what is this bridge? He said: The void in which one Is likely to slip. There would be hooks, tongs, spits like the thorn that is found in Najd and is known as Sa’dan. The believers would then pass over within the twinkling of an eye, like lightning, like wind, like a bird, like the finest horses and camels. Some will escape and be safe, some will be lacerated and let go, and some will be pushed into the fire of Hell till the believers will find rescue from the Fire. By One in Whose hand is my life, there will be none among you more eager to claim a right than the believers on the Day of Resurrection for (saying their) brethren in the Fire who would say: O our Lord, they were fasting along with us, and praying and performing pilgrimage. It will be said to them: Take out those whom you recognise. Then their persons would be forbidden to the Fire; and they would take out a large number of people who had been overtaken by Fire up to the middle of the shank or up to the knees. They would then say: O our Lord I not one of those about whom Thou didst give us command remains in it. He will then say: Go back and bring out those in whose hearts you find good of the weight of a dinar Then they will take out a large number of people. Then they would say: O our Lord! we have not left anyone about whom You commanded us. He will then say: Go back and bring out those in whose hearts you find as much as half a dinar of good. Then they will take out a large number of people, and would say: O our Lord! not one of those about whom Thou commanded us we have left in it. Then He would say: Go back and in whose heart you find good to the weight of a particle bring him out. They would bring out a large number of people, and would then say: O our Lord, now we have not left anyone in it (Hell) having any good in him. Abu Sa’id Khudri said: If you don’t testify me in this hadith, then recite if you like:” Surely Allah wrongs not the weight of an atom; and if it is a good deed. He multiplies it and gives from Himself a great reward” (al-Qur’an, iv. 40). Then Allah, Exalted and Great, would say: The angels have interceded, the apostles have interceded and the believers have interceded, and no one remains (to grant pardon) but the Most Merciful of the mercifuls. He will then take a handful from Fire and bring out from it people who never did any good and who had been turned into charcoal, and will cast them into a river called the river of life, on the outskirts of Paradise. They will come out as a seed comes cut from the silt carried by flood. You see it near the stone or near the tree. That which is exposed to the sun is yellowish or greenish and which is under the shade is white. They said: Messenger of Allah! it seems as if you had been tending a flock in the jungle. He (the Holy Prophet) said: They will come forth like pearls with seals on their necks. The inhabitants of Paradise would recognise them (and say): Those are who have been set free by the Compassionate One. Who has admitted them into Paradise without any (good) deed that they did or any good that they sent in advance Then He would say: Enter the Paradise; whatever you see in it is yours. They would say: O Lord, Thou hast bestowed upon us (favours) which Thou didst not bestow upon anyone else in the world. He would say: There is with Me (a favour) for you better than this. They would say: O our Lord! which thing is better than this? He would say: It is My pleasure. I will never be angry with you after this
4.34 ‘Umar b. al-Khattab (Allah be pleased with him) reported:
When Allah’s Apostle (ﷺ) kept himself away from his wives, I entered the mosque, and found people striking the ground with pebblesand saying: Allah’s Messenger (ﷺ) has divorced his wives, and that was before they were commanded to observe seclusion ‘Umar said to himself: I must find this (actual position) today. So I went to ‘A’isha (Allah be pleased with her) and said (to her): Daughter of Abu Bakr, have you gone to the extent of giving trouble to Allah’s Messenger (ﷺ)? Thereupon she said: Son of Khattab, you have nothing to do with me, and I have nothing to do with you. You should look to your own receptacle. He (‘Umar) said: I visited Hafsa daughter of ‘Umar, and said to her: Hafsa, the (news) has reached me that you cause Allah’s Messenger (ﷺ) trouble. You know that Allah’s Messenger (ﷺ) does not love you, and had I not been (your father) he would have divorced you. (On hearing this) she wept bitterly. I said to her: Where is Allah’s Messenger (ﷺ)? Shesaid: He is in the attic room. I went in and found Rabah, the servant of Allah’s Messenger (ﷺ), sitting on the thresholds of the window dangling his feet on the hollow wood of the date-palm with the help of which Allah’s Messenger (ﷺ) climbed (to the apartment) and came down. I cried: 0 Rabah, seek permission for me from Allah’s Messenger (way peace be upon him). Rabah cast a glance at the apartment and then looked toward me but said nothing. I again said: Rabah, seek permission for me from Allah’s Messenger (ﷺ). Rabah looked towards the apartment and then cast a glance at me, but said nothig. I then raised my voice and said: 0 Rabah, seek permission for me from Allah’s Messenger (ﷺ). I think that Allah’s Messenger (ﷺ) is under the impression that I have come for the sake of Hafsa. By Allah, if Allah’s Messenger (ﷺ) would command me to strike her neck, I would certainly strike her neck. I raised my voice and he pointed me to climb up (and get into his apartment). I visited Allah’s Messenger (ﷺ), and he was lying on a mat. I sat down and he drew up his lower garment over him and he had nothing (else) over him, and that the mat had left its marks on his sides. I looked with my eyes in the store room of Allah’s Messenger (ﷺ). I found only a handful of barley equal to one sa’ and an equal quantity of the leaves of Mimosa Flava placed in the nook of the cell, and a semi-tanned leather bag hanging (in one side), and I was moved to tears (on seeing this extremely austere living of the Holy Piophet), and he said: Ibn Khattab, what wakes you weep? I said: Apostle of Allah, why should I not shed tears? This mat has left its marks on your sides and I do not see in your store room (except these few things) that I have seen; Ceasar and Closroes are leading their lives in plenty whereas you are Allah’s Messenger. His chosen one, and that is your store! He said: Ibn Khattab, aren’t you satisfied that for us (there should be the prosperity) of the Hereafter, and for them (there should be the prosperity of) this world? I said: Yes. And as I had entered I had seen the signs of anger on his face, and I therefore, said: Messenger of Allah, what trouble do you feel from your wives, and if youhave divorced them, verily Allah is with you, His angels, Gabriel, Mika’il, I and Abu Bakr and the believers are with you. And seldom I talked and (which I uttered on that day) I hoped that Allah would testify to my words that I uttered. And so the verse of option (Ayat al-Takhyir) was revealed. Maybe his Lord, if he divorce you, will give him in your place wives better than you…” (Ixv. 5). And if you back up one another against him, then surely Allah is his Patron, and Gabriel and the righteous believers, and the angels after that are the aidera (lvi. 4). And it was ‘A’isha, daughter of Abu Bakr, and Hafsa who had prevailed upon all the wives of Allah’s Prophet (way peace be upon him) for (pressing them for mote money). I said: Messenger of Allah, have you divorced them? He said: No. I said: Messenger of Allah, I entered the mosque and found the Muslims playing with pebbles (absorbed in thought) and saying: Allah’s Messenger has divorced his wives. Should I get down and inform there that you have not divorced them? He said: Yes, if you so like. And I went on talking to him until I (found) the signs of anger disappeared on his face and (his seriousness was changed to a happy mood and as a result thereof) his face had the natural tranquillity upon it and he laughed and his teeth were the most charming (among the teeth) of all people. Then Allah’s Apostle (ﷺ) climbed down and I also climbed down and catching hold of the wood of the palm-tree and Allah’s Messenger (ﷺ) came down (with such ease) as if he was walking on the ground, not touching anything with his hand (to get support). I said: Messenger of Allah, you remained in your apartment for twenty-nine days. He said: (At times) the month consists of twenty-nine days. I stood at the door of the mosque and I called out at the top of my voice: The Messenger of Allah (ﷺ) has not divorced his wives (and it was on this occasion that this) verse was revealed:” And if any matter pertaining to peace or alarm comes within their ken, they broadcast it; whereas, if they would refer it to the Apostle and those who have been entrusted with authority amongst them, those of them who are engaged in obtaining intelligence would indeed know (what to do with) it” (iv 83). And it was I who understood this matter, and Allah revealed the verse pertaining to option (given to the Prophet (may peace be upon him in regard to the retaining or divorcing of his wives).
4.35 Ibn ‘Abbas said,
“Return the greeting to whomever it is, Jew, Christian, or Magian. That is because Allah says, ‘When you are greeted with a greeting, greet with one better than it or return it.’ (4:
86)”
4.36 Narrated Thuwair – Ibn Abi Fakhitah:
From his father that ‘Ali bin Abi Talib said: “There is no Ayah in the Qur’an more beloved to me than this Ayah: Verily Allah forgives not associating others with Him, but He forgives what is less than that for whomever He wills (4:116).”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3037
4.37 Narrated Abu Hurairah:
“When the following was revealed: ‘Whoever works evil will have the recompense of it… (4:123)’ That worried the Muslims, so they complained about that to the Messenger of Allah (ﷺ) and he said: “Seek closeness and be steadfast, and in all that afflicts the believer there is atonement, even a thorn that pricks him, and the hardship he suffers.”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3038
4.38 Narrated ‘Abdullah bin Yazid:
from Zaid bin Thabit that he heard about this Ayah: Then what is the matter with you that you are divided into two parties about the hypocrites? (4:88) He said: “People among the Companions of the Prophet (ﷺ) returned on the Day of Uhud and there were two parties among them, a group who said: ‘Kill them,’ and a group that say not to. So Allah revealed this Ayah: Then what is the matter with you that you are divided into two parties about the hypocrites? (4:88) So he said: “Indeed it is Taibah (Al-Madinah). And he said: ‘It expels filth from it just like the fire expels filth from iron.'”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3028
4.39 Narrated `Aisha:
(the wife of the Prophet) When Allah’s Messenger (ﷺ) was in good health, he used to say, “No prophet’s soul is ever captured unless he is shown his place in Paradise and given the option (to die or survive).” So when the death of the Prophet (ﷺ) approached and his head was on my thigh, he became unconscious for a while and then he came to his senses and fixed his eyes on the ceiling and said, “O Allah (with) the highest companions.” (See Qur’an 4:69). I said’ “Hence he is not going to choose us.” And I came to know that it was the application of the narration which he (the Prophet) used to narrate to us. And that was the last statement of the Prophet (before his death) i.e., “O Allah! With the highest companions.” (See Qur’an 4:69)
4.40 Narrated Mujahid:
From Umm Salamah that she said: “The men fight and the women do not fight, and we only get half the inheritance.’ So Allah, Blessed and Most High, revealed: ‘And wish not for things in which Allah has made some of you excell over others… (4:32)’ Mujahid said: “And the following was revealed about that: ‘Verily the Muslim men and the Muslim women… (33:35). And Umm Salamah was the first camel-borne woman to arrive in Al-Madinah as an emigrant.
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3022
4.41 Narrated Ibn ‘Abbas:
“Sawdah feared that the Prophet (ﷺ) was going to divorce her, so she said: ‘Do not divorce me, but keep me and give my day to ‘Aishah.’ So he (ﷺ) did so, and the following was revealed: Then there is no sin on them both if they make terms of peace between themselves, and making peace is better (4:128). So whatever they agree to make peace in something then it is permissible.”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3040
4.42 It was narrated that ‘Aishah said:
“I heard the Messenger of Allah (ﷺ) say: ‘There is no Prophet who fell sick but he was given the choice between this world and the Hereafter.’ She said: ‘When he became sick with the illness that would be his last, (his voice) became hoarse and I heard him say, “In the company of those on whom Allah has bestowed His grace, of the Prophets, the true believers, the martyrs, and the righteous.’” [4:69] Then I knew that he had been given the choice.”
Sunan Ibn Majah Vol. 1, Book 6, Hadith 1620
4.43 Narrated Umayyah:
That she asked ‘Aishah about the saying of Allah, blessed and Most High: And whether you disclose what is in yourselves or conceal it, Allah will call you to account for it (2:284). And about His saying: And whoever does evil, he will be recompensed for it (4:123). She said: “No one has asked me about it since I asked the Messenger of Allah (ﷺ), he said: ‘This is Allah’s admonition for His slave regarding whatever he is stricken with, of fever and problems, even the item that he has in the pocket of his shirt which he loses and worries about, until the slave’s sins are removed, just as the red ore is removed from the bellows.'”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 2991
4.44 Narrated Abu ‘Abdur-Rahman As-Sulami:
That ‘Ali bin Abi Talib said: “‘Abdur-Rahman bin ‘Awf prepared some food for which he invited us, and he gave us some wine to drink. The wine began to affect us when it was time for Salat. So they encouraged me (to lead) and I recited: ‘Say: O you disbelievers! I do not worship what you worship, and we worship what you worship’ – so Allah, Most High, revealed: O you who believe! Do not approach Salat when you are in a drunken state until you know what you are saying (4:43).”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3026
4.45 Narrated Ibn ‘Abbas:
“A man from Banu Sulaim who had some sheep with him, passed by some of the Companions of the Messenger of Allah (ﷺ). He gave Salam to them and they said: ‘He did not give Salam except to protect himself.’ So they attacked him, killed him, and took his sheep. They went to the Messenger of Allah (ﷺ) with them, and Allah, Most High, revealed: O you who believe! When you go in the cause of Allah, verify and say not to anyone who greets you: “You are not a believer (4:94).”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3030
4.46 Narrated ‘Amr bin Dinar:
From Ibn ‘Abbas that the Prophet (ﷺ) said: “On the Day of Judgement, the murdered will come with the murderer’s scalp and his head in his hand, and his jugular vein flowing blood saying: ‘O Lord! This one killed me!’ Until he comes close to the Throne.” So they mentioned repentance to Ibn ‘Abbas, and he recited this Ayah: And whoever kills a believer intentionally then his recompense is Hell (4:93). He said: “This Ayah was not abrogated nor (its ruling) replaced so from where is his repentance?”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3029
4.47 It was narrated that Ya’la bin Umayyah said:
“I asked ‘Umar bin Khattab: ‘Allah says: “And when you travel in the land, there is no sin on you if you shorten the prayer if you fear that the disbelievers may put you in trial (attack you), verily, the disbelievers are ever to you open enemies,” [4:101] but now there is security and people are safe.’ He said: ‘I found it strange just as you do, so I asked the Messenger of Allah (ﷺ) about that, and he said: “It is charity that Allah has bestowed upon you, so accept His charity.”
Sunan Ibn Majah Vol. 1, Book 5, Hadith 1065
4.48 Malik said,
“The generally agreed upon way of doing things among us is that maternal half-siblings do not inherit anything when there are children or grandchildren through sons, male or female. They do not inherit anything when there is a father or the father’s father. They inherit in what is outside of that. If there is only one male or female, they are given a sixth. If there are two, each of them has a sixth. If there are more than that, they share in a third which is divided among them. The male does not have portion of two females. That is because Allah, the Blessed, the Exalted, says in His Book, ‘If a man or woman has no direct heir, and he has a brother or sister, by the mother, each of them has a sixth. If there are more than two, they share equally in a third.’ ” (Sura 4 ayat 12).
4.49 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.”
Muwatta Malik Book 28, Hadith 38
4.50 Yahya related to me from Malik
That he had heard that Ali ibn Abi Talib said about the two arbiters about whom Allah, the Exalted, said,”If you fear a breach between the two, appoint an arbiter from his people, and an arbiter from her people. If they desire to set things aright, Allah will make peace between them, surely Allah is Knowing, Aware,” (Sura 4 ayat 35), that the separation and the joining were overseen by the two of them.
Malik said, “That is the best of what I have heard from the people of knowledge. Whatever the two arbiters say concerning separation or joining is taken into consideration ”
Muwatta Malik Book 29, Hadith 72
4.51 Narrated Abu Bakr As-Siddiq:
“I was with the Prophet (ﷺ) when this Ayah was revealed to him: Whoever works evil will have the recompense of it (4:123). So the Messenger of Allah (ﷺ) said: ‘O Abu Bakr! Shall I recite to you an Ayah revealed to me?’ I said: ‘Of course O Messenger of Allah!’ So he recited it to me, and I do not know except that I found it as a fatal blow, but I repressed it. So the Messenger of Allah (ﷺ) said: ‘What is bothering you O Abu Bakr?’ I said: ‘O Messenger of Allah! May my father and my mother be your ransom! Which of us has not done evil – and yet we shall be recompensed for what we have done?’ So the Messenger of Allah (ﷺ) said: ‘As for you O Abu Bakr, and the believers, they will be recompensed for that in the world until they meet Allah and they have no sins. As for the others, then that will be collected for them until they are recompensed for it on the Day of Judgement.'”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3039
4.52 Ibn ‘Abbas said,
“Seven types of marriages are unlawful because of blood relations, and seven because of marriage relations.” Then Ibn ‘Abbas recited the Verse:
“Forbidden for you (for marriages) are your mothers…” (4:23). ‘Abdullah bin Ja’far married the daughter and wife of ‘Ali at the same time (they were step-daughter and mother). Ibn Sirin said, “There is no harm in that.” But Al-Hasan Al-Basri disapproved of it at first, but then said that there was no harm in it. Al-Hasan bin Al-Hasan bin ‘Ali married two of his cousins in one night. Ja’far bin Zaid disapproved of that because of it would bring hatred (between the two cousins), but it is not unlawful, as Allah said, “Lawful to you are all others [beyond those (mentioned)]. (4:24). Ibn ‘Abbas said: “If somebody commits illegal sexual intercourse with his wife’s sister, his wife does not become unlawful for him.” And narrated Abu Ja’far, “If a person commits homosexuality with a boy, then the mother of that boy is unlawful for him to marry.” Narrated Ibn ‘Abbas, “If one commits illegal sexual intercourse with his mother in law, then his married relation to his wife does not become unlawful.” Abu Nasr reported to have said that Ibn ‘Abbas in the above case, regarded his marital relation to his wife unlawful, but Abu Nasr is not known well for hearing Hadith from Ibn ‘Abbas. Imran bin Hussain, Jabir b. Zaid, Al-Hasan and some other Iraqi’s, are reported to have judged that his marital relations to his wife would be unlawful. In the above case Abu Hurairah said, “The marital relation to one’s wife does not become unlawful except if one as had sexual intercourse (with her mother).” Ibn Al-Musaiyab, ‘Urwa, and Az-Zuhri allows such person to keep his wife. ‘Ali said, “His marital relations to his wife does not become unlawful.”
4.53 Narrated Sa`id bin Jubair:
`AbdurRahman bin Abza said, “Ask Ibn `Abbas about these two Qur’anic Verses: ‘Nor kill such life as Allah has made sacred, Except for just cause.’ (25.168) “And whoever kills a believer intentionally, his recompense is Hell. (4.93) So I asked Ibn `Abbas who said, “When the Verse that is in Sura-al-Furqan was revealed, the pagans of Mecca said, ‘But we have slain such life as Allah has made sacred, and we have invoked other gods along with Allah, and we have also committed fornication.’ So Allah revealed:– ‘Except those who repent, believe, and do good– (25.70) So this Verse was concerned with those people. As for the Verse in Surat-an-Nisa (4-93), it means that if a man, after understanding Islam and its laws and obligations, murders somebody, then his punishment is to dwell in the (Hell) Fire forever.” Then I mentioned this to Mujahid who said, “Except the one who regrets (one’s crime) . ”
4.54 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.”
Muwatta Malik Book 28, Hadith 29
4.56 Narrated Hisham b. ‘Urwah:
On the authority of his father that ‘Aishah said: O my nephew, the Messenger of Allah (ﷺ) did not prefer one of us to the other in respect of his division of the time of his staying with us. It was very rare that he did not visit us any day (i.e. he visited all of us every day). He would come near each of his wives without having intercourse with her until he reached the one who had her day and passed his night with her. When Saudah daughter of Zam’ah became old and feared that the Messenger of Allah (ﷺ) would divorce her, she said: Messenger of Allah, I give to ‘Aishah the day you visit me. The Messenger of Allah (ﷺ) accepted it from her. She said: We think that Allah, the Exalted, revealed about this or similar matter the Qur’anic verse: “If a wife fears cruelty or desertion on her husband’s part….” [4:128]
4.57 Malik said,
“The generally agreed on way of doing things among us about which there is no dispute and what I have seen the people of knowledge in our city doing is that when a father inherits from a son or a daughter and the deceased leaves children, or grandchildren through a son, the father has a fixed share of one sixth. If the deceased does leave any children or male grandchildren through a son, the apportioning begins with those with whom the father shares in the fixed shares. They are given their fixed shares. If a sixth or more is left over, the sixth and what is above it is given to the father, and if there is less than a sixth left, the father is given his sixth as a fixed share, (i.e. the other shares are adjusted.)
“The inheritance of a mother from her child, if her son or daughter dies and leaves children or male or female grandchildren through a son, or leaves two or more full or half siblings is a sixth. If the deceased does not leave any children or grandchildren through a son, or two or more siblings, the mother has a whole third except in two cases. One of them is if a man dies and leaves a wife and both parents. The wife has a fourth, the mother a third of what remains, (which is a fourth of the capital). The other is if a wife dies and leaves a husband and both parents. The husband gets half, and the mother a third of what remains, (which is a sixth of the capital). That is because Allah, the Blessed, the Exalted, says in His Book, ‘His two parents each have a sixth of what he leaves if he has children. If he does not have children, and his parents inherit from him, his mother has a third. If he has siblings, the mother has a sixth.’ (Sura 4 ayat 11). The sunna is that the siblings be two or more.”
4.58 Malik said,
“The generally agreed on way of doing things among us is that full siblings do not inherit anything with sons nor anything with grandsons through a son, nor anything with the father. They do inherit with the daughters and the granddaughters through a son when the deceased does not leave a paternal grandfather. Any property that is left over, they are in it as paternal relations. One begins with the people who are allotted fixed shares. They are given their shares. If there is anything left over after that, it belongs to the full siblings. They divide it between themselves according to the Book of Allah, whether they are male or female. The male has a portion of two females. If there is nothing left over, they have nothing.
“If the deceased does not leave a father or a paternal grandfather or children or male or female grandchildren through a son, a single full sister gets a half. If there are two or more full sisters, they get two thirds. If there is a brother with them, sisters, whether one or more, do not have a fixed share. One begins with whoever shares in the fixed shares. They are given their shares. Whatever remains after that goes to the full siblings. The male has the portion of two females except in one case, in which the full siblings have nothing. They share in this case the third of the half-siblings by the mother. That case is when a woman dies and leaves a husband, a mother, half- siblings by her mother, and full siblings. The husband has a half. The mother has one sixth. The half-siblings by the mother have a third. Nothing is left after that, so the full siblings share in this case with the half-siblings by the mother in their third. The male has the portion of two females in as much as all of them are siblings of the deceased by the mother. They inherit by the mother. That is because Allah, the Blessed, the Exalted, said in His Book, ‘If a man or a woman has no direct heir and he has a brother or a sister, each one of the two gets a sixth. If there are more than that, they share equally in the third. ‘ (Sura 4 ayat 12) . They therefore share in this case because all of them are siblings of the deceased by the mother.”
4.59 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.”
Muwatta Malik Book 28, Hadith 23
4.60 Yahya related to me from Malik,
“The generally agreed upon way of doing things among us and what I have seen the people of knowledge doing in our city about the fixed shares of inheritance of children from the mother or father when one or other of them dies is that if they leave male and female children, the male takes the portion of two females. If there are only females, and there are more than two, they get two thirds of what is left between them. If there is only one, she gets a half. If someone shares with the children, who has a fixed share and there are males among them, the reckoner begins with the ones with fixed shares. What remains after that is divided among the children according to their inheritance.
“When there are no children, grandchildren through sons have the same position as children, so that grandsons are like sons and grand-daughters are like daughters. They inherit as they inherit and they overshadow as they overshadow. If there are both children and grandchildren through sons, and there is a male among the children, then the grandchildren through sons do not share in the inheritance with him.
“If there is no surviving male among the children, and there are two or more daughters, the granddaughters through a son do not share in the inheritance with them unless there is a male who is in the same position as them in relation to the deceased, or further than them. His presence gives access to whatever is left over, if any, to whoever is in his position and whoever is above him of the granddaughters through sons. If something is left over, they divide it among them, and the male takes the portion of two females. If nothing is left over, they have nothing.
“If the only descendant is a daughter, she takes half, and if there are one or more grand-daughters through a son who are in the same position to the deceased, they share a sixth. If there is a male in the same position as the granddaughters through a son in relation to the deceased, they have no share and no sixth .
“If there is a surplus after the allotting of shares to the people with fixed shares, the surplus goes to the male and whoever is in his position and whoever is above him of the female descendants through sons. The male has the share of two females. The one who is more distant in relationship than grandchildren through sons has nothing. If there is no surplus, they have nothing. That is because Allah, the Blessed, the Exalted, said in His Book, ‘Allah charges you about your children that the male has the like of the portion of two females. If there are more than two women they have two thirds of what is left. If there is one, she has a half.’ (Sura 4 ayat 10)
4.61 Jarir bin ‘Abdullah (May Allah be pleased with him) reported:
We were with Messenger of Allah (ﷺ) shortly after dawn when there came to him some people clad in woollen rags, or covered with sleeveless blankets; and with swords hanging down from their necks. Most of them rather, all of them, belonged to the Mudar tribe. The face of the Prophet (ﷺ) changed when he saw them starving. Then he went into his house and came out; then he commanded Bilal (May Allah be pleased with him) to proclaim Adhan (call to prayers). So he proclaimed Adhan and recited Iqamah and the Prophet (ﷺ) led the Salat. Then he delivered a Khutbah saying, “O mankind! Be dutiful to your Rubb, Who created you from a single person (Adam), and from him (Adam) He created his wife (Eve), and from them both He created many men and women; and fear Allah through Whom you demand your (natural) rights, and do not sever the relations of kinship. Surely, Allah is Ever an All-Watcher over you.” (4:1) He also recited the Ayah which is in the end of Surat Al-Hashr: “O you who believe! Fear Allah and keep your duty to Him. And let every one look what he has sent forth for the tomorrow”. (59:18). Thereafter, every man gave in charity Dinar, Dirham, clothes, measure-fulls of wheat and measure-fulls of dates till he said: “(Give in charity) be it half a date”. Then a man of the Ansar came with a bag which was difficult for him to hold in his hand. Thereafter, the people came successively (with charity) till I saw two heaps of food and clothes. I noticed that the face of Messenger of Allah (ﷺ) was glowing like that of the bright moon or glittering gold. Then he (ﷺ) said, “Whosoever introduces a good practice in Islam, there is for him its reward and the reward of those who act upon it after him without anything being diminished from their rewards. And whosoever introduces an evil practice in Islam, will shoulder its sin and the sins of all those who will act upon it, without diminishing in any way their burden”
Riyad as-Salihin Book 1, Hadith 171
4.62 Narrated Qatadah bin An-Nu’man:
“There was a household among us called Banu Ubairiq, among whom was a Bishr, a Bushair, and a Mubashshir. Bushair was a hypocrite who would recite poetry reviling the Companions of the Prophet (ﷺ) then he would attribute it to some of the Arabs. Then he would say: ‘So-and-so said this and that [So-and-so said this and that].’ So when the Companions of the Prophet (ﷺ) would hear that poetry, they would say: ‘By Allah! No one but this filthy person said this poetry – or as the man said – and they would say: ‘Ibn Al-Ubairiq said it.'” He said: “They were a poor and needy household during Jahiliyyah and Islam. The only food the people of Al-Madinah had was dates and barely. When a man was able to, he would import flour from Ash-Sham which he bought and kept for himself. As for his dependants, their only food was dates and barely. So an import arrived from Ash-Sham, and my uncle Rifa’ah bin Zaid bought a load of it, which he put in a storage area he had, where he kept his weapons – his shield and his sword. But it was taken from him from under the house. The storage was broken into and and the food and weapons were taken. In the morning, my uncle Rifa’ah came to me and said: ‘O my nephew! We were robbed during the night, our storage was broken into, and our food and weapons are gone.'” He said: “They overheard us in the house, and questioned us, and someone said to us, ‘We saw Banu Ubairiq cooking during the night, and it looked like they had some of your food.'” He said: “Banu Ubairiq were saying – while we were questioning them amidst their dwellings – ‘By Allah! We do not think the one you are looking for is other than Labid bin Sahl, a man among us who is righteous and accepted Islam.’ When Labid heard that, he brandished his sword and said: ‘I stole? By Allah! You either prove this theft, or I take to you with this sword.’ They said: ‘Leave us O man! You are not the one who has it.’ So we continued questioning in the dwellings until we had no doubt that they had taken it. So my uncle said to me: ‘O my nephew! You should go to the Messenger of Allah (ﷺ) and tell him about that.'” Qatadah said: “So I went to the Messenger of Allah (ﷺ) and said: ‘A family among us are ill-mannered, and they conspired against my uncle Rifa’ah bin aid. They broken into his storage and took his weapons and his food. We want them to return our weapons, but we have no need for the food.’ So the Prophet (ﷺ) said: ‘I will decide about that.’ So when Banu Ubairiq heard about that, they brought a man from among them named Usair bin ‘Urwah to talk to him about that, and some people form their houses gathered and said: ‘O Messenger of Allah! Qatadah bin An-Nu’man and his uncle came came to a family among us who are a people of Islam and righteousness, accusing them of stealing without proof or confirmation.'” Qatadah said: “I went to the Messenger of Allah (ﷺ) and spoke to him, and he said: ‘You went to a family among them known for their Islam and righteousness, and accused them of stealing without confirmation or proof.'” He said: “So I returned wishing that I had lost some of my wealth, and that the Messenger of Allah (ﷺ) had not been spoke to about that. My uncle Rifa’ah came to me and said: ‘O my nephew! What did you do?’ So I told him what the Messenger of Allah (ﷺ) said to me, so he said: ‘It is from Allah, Whom we seek help.’ It was not long before the Qur’an was revealed: ‘Surely, We have sent down to you the Book in truth, that you might judge between men by that which Allah has shown you, so be not a pelader for the treacherous.’ That is Banu Ubairiq. ‘And seek forgiveness from Allah.’ [That is] from what you said to Qatadah. ‘Certainly Allah is Oft-Forgiving, Most Merciful. And argue not on behalf of those who deceive themselves. Verily, Allah does not like anyone who is a betrayer, sinner. They may hide from men, but they cannot hide from Allah for He is with them up to His saying: ‘Most Merciful.’ That is: If you seek Allah’s forgiveness then He will forgive you. ‘And whoever earns sin, he earns it only against himself…’ up to His saying: ‘A manifest sin.’ Their saying about Labid; ‘Had it not been for the grace of Allah and His Mercy upon you…’ up to His saying: ‘We shall give him a great reward.’ (4:105-115)” So when the Qur’an was revealed, the Messenger of Allah (ﷺ) brought the weapon and returned it to Rifa’ah. Qatadah said: “When the weapon was brought to my uncle – and he was an elderly man with bad sight” or “an elderly weak man” – Abu ‘Eisa was in doubt – “in Jahiliyyah, and I thought that he merely had entered into Islam (without real sincerity) but when I brought it to him, he said: ‘O my nephew! It is for Allah’s cause.’ So I knew that his Islam was genuine. When the Qur’an was revealed, Bushair went with the idolaters, staying with Sulafah bint Sa’d bin Sumayyah. So Allah, Most High, revealed: Whoever contradicts and opposes the Messenger after the right path has been shown clearly to him, and follows other than the believers’ way, We shall keep him in the path he has chosen, and burn him in Hell – what an evil destination. Verily Allah forgives not associating others with Him, but He forgives what is less than that for whomever He wills. And whoever associates others with Allah, then he has indeed strayed away (4:115-116). “When he went to stay with Sulafah, Hassan bin Thabit lampooned her with verses of poetry. So she took his saddle, put it on her head, then she left with it to cast into the valley. Then she said: ‘You gave me the poetry of Hassan – you did not bring me any good.'”
Jami` at-Tirmidhi Vol. 5, Book 44, Hadith 3036
4.63 Malik related to me
That he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, “The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master.”
Malik said, “The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, ‘After any bequest that is made or any debt.’ ” (Sura 4 ayat 10)
Malik said, “If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master.”
Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, “We surrender the mudabbar to the party,” whilst the creditor said, “My debt exceeds that.” Malik said that if the creditor’s debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.
Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, “The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money.”
﴾ بسم الله الرحمن الرحيم ﴿ 