Widows Remaining in their Houses until Free to Marry

87 Yahya related to me from Malik from Sa'id ibn Ishaq ibn Ka'b ibn 'Ujra from his paternal aunt, Zaynab bint Ka'b ibn 'Ujra, said that al-Furay'a bint Malik ibn Sinan, the sister of Abu Sa'id al-Khudri, informed her that she went to the Messenger of Allah, may Allah bless him and grant him peace, and asked to be able to return to her people among the Banu Khudra since her husband had gone out in search of some of his slaves who had run away and he had caught up with them near al-Qudum (which is six miles from Madina) and they had killed him.

She said, " I asked the Messenger of Allah, may Allah bless him and grant him peace, if I could return to my people in the Banu Khudra, as my husband had not left me a dwelling which belonged to him, and had left me with me no maintenance. The Messenger of Allah, may Allah bless him and grant him peace, said, 'Yes, ' so I left. When I was in the courtyard, the Messenger of Allah, may Allah bless him and grant him peace, called me or summoned me, and I answered him. He said, 'What did you say? ' I repeated the story about my husband. He said, 'Stay in your houses until what is written reaches its term.' I did the 'idda in the house for four months and ten days."

She said, " When 'Uthman ibn 'Affan sent for me, I told him that, and he followed it and made judgements accordingly."

[In Abu Dawud, at-Tirmidhi, an-Nasa'i and the Risala of ash-Shafi'i]

88 Yahya related to me from Malik from Humayd ibn Qays al-Makki from 'Amr ibn Shu'ayb from Sa'id ibn al-Musayyab that 'Umar ibn al-Khattab sent back widows from the desert and prevented them from performing the Hajj.

Yahya related to me from Malik from Yahya ibn Sa'id that he had heard that as-Sa'ib ibn Khabbab died, and his wife went to 'Abdullah ibn 'Umar and mentioned to him that her husband had died and mentioned some land which they had at Qanah (a district on the outskirts of Madina), and asked him if it would be all right for her to stay overnight there. He forbade her to do so. So, she used to go out before dawn from Madina and spent the whole day on their land, and then, when evening came, she would go back to Madina and spend the night in her house.

89 Yahya related to me from Malik that Hisham ibn 'Urwa said about a Bedouin woman whose husband died, that she was to stay where her people stayed.

Malik said, " This is what is done among us."

90 Yahya related to me from Malik from Nafi' that Allah ibn 'Umar said, " The only place a woman whose husband has died and a woman who is absolutely divorced can spend the night is in their houses."

29.32 'Idda of an Umm Walad on Her Master's Death

91 Yahya related to me from Malik that Yahya ibn Sa'id said that he had heard al-Qasim ibn Muhammad say that Zayd ibn 'Abd al-Malik separated some men and their wives who were slave-girls who had borne children to men who had died, because they had married them after one or two menstrual periods. He separated them until they had done an 'idda of four months and ten days. Al-Qasim ibn Muhammad said, " Glory be to Allah! Allah says in His Book, 'Those of you who die, leaving wives.' (2: 234) They are not wives."

92 Malik related that 'Abdullah ibn 'Umar said, " The 'idda of an umm walad when her master dies is one menstrual period."

Yahya related to me from Malik from Yahya ibn Sa'id that al-Qasim ibn Muhammad said, " The 'idda of an umm walad when her master dies is one menstrual period."

Malik said, " This is what is done among us."

Malik added, " If she does not have periods, then her 'idda is three months."

29.33 'Idda of Slave-Girls whose Master or Husband Dies

93 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab and Sulayman ibn Yasar said, " The 'idda of a slave-girl when her husband dies is two months and five days."

94 Yahya related to me the like of that from Malik from Ibn Shihab.

Malik said about a slave who divorced a slave-girl but did not make it absolute, " He can return to her. If he then dies while she is still in the 'idda from her divorce, she does the 'idda of a slave-girl whose husband dies, which is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the 'idda from the divorce, she does the 'idda of a freewoman whose husband has died, four months and ten days. That is because the 'idda of widowhood befell her while she was free, so her 'idda is the 'idda of a freewoman."

Malik said, " This is what is done among us."

Coitus Interruptus

95 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman from Muhammad ibn Yahya ibn Habban that Muhayriz said, " I went into the mosque and saw Abu Sa'id al-Khudri and so I sat by him and asked him about coitus interruptus. Abu Sa'id al-Khudri said, " We went out with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition against the Banu al-Mustaliq. We took some Arabs prisoner, and we desired the women as celibacy was hard for us. We wanted the ransom, so we wanted to practise coitus interruptus. We asked, 'Shall we practise coitus interruptus while the Messenger of Allah, may Allah bless him and grant him peace, is among us before we have asked him? ' We asked him about that and he said, 'You don't have to not do it. There is no self which is to come into existence up to the Day of Rising but that it will come into existence.'"

[cf Bukhari 2404]

96 Yahya related to me from Malik from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah, from 'Amir ibn Sa'd ibn Abi Waqqas from his father that he used to practise coitus interruptus.

97 Yahya related to me from Malik from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah, from Ibn Aflah, the mawla of Abu Ayyub al-Ansari, from an umm walad of Abu Ayyub al-Ansari that he practised coitus interruptus.

98 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar did not practise coitus interruptus and thought that it was disapproved.

99 Yahya related to me from Malik from Damra ibn Said al-Mazini from al-Hajjaj ibn 'Amr ibn Ghaziyya that he was sitting with Zayd ibn Thabit when Ibn Fadl came to him. He was from the Yemen. He said, " Abu Sa'id! I have slave-girls. None of the wives in my keep are more pleasing to me than them, and not all of them please me so much that I want a child by them. Shall I then practise coitus interruptus? " Zayd ibn Thabit said, " Give an opinion, Hajjaj! " I said, " May Allah forgive you! We sit with you in order to learn from you! " He said, " Give an opinion! " I said, " She is your field. If you wish, water it, and if you wish, leave it thirsty. I heard that from Zayd." Zayd said, " He has spoken the truth."

100 Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn 'Abbas was asked about coitus interruptus, He called a slave-girl and said, " Tell them, " She was embarrassed. He said, " It is all right, and I do it myself."

Malik said, " A man does not practise coitus interruptus with a freewoman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else's slave-girl as a wife does not practise coitus interruptus with her unless her people give him permission."

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