The Marriage of Idol Worshippers when their Wives Become Muslim before Them

44 Malik related to me from Ibn Shihab that he had heard that in the time of the Messenger of Allah, may Allah bless him and grant him peace, women were becoming Muslim in their own lands, and they did not do hijra while their husbands were still unbelievers although they themselves had become Muslim. Among them was the daughter of al-Walid ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became Muslim on the day that Makka was conquered, and her husband, Safwan ibn Umayya, fled from Islam. The Messenger of Allah, may Allah bless him and grant him peace, sent Safwan's paternal cousin, Wahb ibn 'Umayr with the cloak of the Messenger of Allah, may Allah bless him and grant him peace, as a safe-conduct for Safwan ibn Umayya, and the Messenger of Allah, may Allah bless him and grant him peace, called him to Islam and asked for him to come to him and if he was pleased with the matter to accept it. If not, he would have a respite for two months.

When Safwan came to the Messenger of Allah, may Allah bless him and grant him peace, with his cloak, he called out to him over the heads of the people, " Muhammad! Wahb ibn 'Umayr brought me your cloak and claimed that you had summoned me to come to you and if I was pleased with the matter, I should accept it and if not, you would give me a respite for two months." The Messenger of Allah, may Allah bless him and grant him peace, said, " Come down, Abu Wahb." He said, " No, by Allah! I will not come down until you make it clear to me! " The Messenger of Allah, may Allah bless him and grant him peace, said, " You have a respite of four months." The Messenger of Allah, may Allah bless him and grant him peace, went to meet the Hawazin at Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms that he had. Safwan said, " Willingly or unwillingly? " He said, " Willingly." Therefore he lent him the equipment and arms which he had. Then Safwan went out with the Messenger of Allah, may Allah bless him and grant him peace, while he was still an unbeliever. He was present at the battles of Hunayn and at-Ta'if while he was still an believer and his wife was a Muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan a unbeliever and his wife was a Muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan and his wife until he had become Muslim, and his wife remained with him by that marriage.

[In Muslim]

45 Yahya related to me from Malik that Ibn Shihab said, " There was about one month between the Islam of Safwan and the Islam of his wife."

Ibn Shihab said, " We have not heard about any woman doing hijra for Allah and His Messenger while her husband was an unbeliever abiding in the land of disbelief, but that her hijra separated her and her husband unless her husband came in hijra before her period of 'idda had been completed."

46 Yahya related to me from Malik from Ibn Shihab that Umm Hakim bint al-Harith ibn Hisham, who was the wife of 'Ikrima ibn Abi Jahl, became Muslim on the day that Makka was conquered, and her husband 'Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after him until she came to him in the Yemen and she invited him to Islam, and he became Muslim. He went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the Conquest (of Makka). When the Messenger of Allah, may Allah bless him and grant him peace, saw him, he rushed to him in joy and did not bother to put on his cloak until he had received his allegiance. The couple were confirmed in their marriage.

Malik said, " If a man becomes Muslim before his wife, a separation occurs between them when he presents Islam to her and she does not become Muslim because Allah, the Blessed, the Exalted, says in His Book, 'Do not hold to any marriage ties with women who reject.' (60: 10)"

The Wedding Feast

47 Yahya related to me from Malik from Humayd at-Tawil from Anas ibn Malik that 'Abd ar-Rahman ibn 'Awf came to the Messenger of Allah, may Allah bless him and grant him peace, and he had a trace of yellow on him. The Messenger of Allah, may Allah bless him and grant him peace, asked about it. He told him that he had just been married. The Messenger of Allah, may Allah bless him and grant him peace, said, " How much did you hand over to her? " He replied, " The weight of a date pit in gold." The Messenger of Allah, may Allah bless him and grant him peace, said, " Hold a feast, even if it is only with a sheep."

[In Bukhari and Muslim]

48 Yahya related to me from Malik that Yahya ibn Sa'id said, " I have heard that the Messenger of Allah, may Allah bless him and grant him peace, held a wedding-feast in which there was neither meat nor bread."

[Ibn Ibn Majah]

49 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, " When you are invited to a wedding-feast, you must go to it."

[In Bukhari and Muslim]

50 Yahya related to me from Malik from Ibn Shihab from al-A'raj that Abu Hurayra said, " The worst food is the food of a wedding feast to which the rich are invited and the poor are left out. If anyone rejects an invitation, he has rebelled against Allah and His Messenger."

[In Bukhari and Muslim]

51 Yahya related to me from Malik that Ishaq ibn 'Abdullah ibn Abi Talha heard Anas ibn Malik say that a certain tailor invited the Messenger of Allah, may Allah bless him and grant him peace, to eat some food which he had prepared.

Anas said, " I went with the Messenger of Allah, may Allah bless him and grant him peace, to eat the food. He served barley bread and a soup with pumpkin in it. I saw the Messenger of Allah, may Allah bless him and grant him peace, going after the pumpkin around the dish, so I have always liked pumpkin since that day."

[In Bukhari and Muslim]

Marriage in General

52 Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, " When you marry a woman or buy a slave-girl, take her by the forelock and ask for blessing. When you buy a camel, take the top of its hump, and seek refuge with Allah from Shaytan."

53 Yahya related to me from Malik from Abu'z-Zubayr al-Makki that somebody asked a man for his sister in marriage and the man mentioned that she had committed fornication. 'Umar ibn al-Khattab heard about it, and he beat the man or almost beat him, and said, " What did you mean by giving him such information! "

54 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman that al-Qasim ibn Muhammad and 'Urwa ibn az-Zubayr said that a man who had four wives and then divorced one of them irrevocably, could marry straightaway if he wished, and he did not have to wait for the completion of her 'idda.

55 Yahya related to me from Malik from Rabi'a ibn 'Abd ar-Rahman that al-Qasim ibn Muhammad and 'Urwa ibn az-Zubayr gave the same judgement to al-Walid ibn 'Abd al-Malik in the year of his arrival in Madina except that al-Qasim ibn Muhammad said that he divorced his wife on separate occasions (i.e. not at one time).

56 Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayyab said, " There are three things in which there is no jest: marriage, divorce and setting free."

[In Abu Dawud, at-Tirmidhi, and Ibn Majah]

57 Yahya related to me from Malik from Ibn Shihab that Rafi' ibn Khadij married the daughter of Muhammad ibn Maslama al-Ansari. She was with him until she grew older, and then he married a young girl and preferred the young girl to her. She begged him to divorce her, so he divorced her and then he gave her time until she had almost finished her 'idda period and then he returned and still preferred the young girl. She therefore asked him to divorce her. He divorced her once, and then returned to her, and still preferred the young girl, and she asked him to divorce her. He said, " What do you want? There is only one divorce left. If you like, continue and put up with what you see of preference, and if you like, I will separate from you." She said, " I will continue in spite of the preference." He kept her in spite of that, Rafi' did not see that he had done any wrong action when she remained with him in spite of preference.

Divorce

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