Limit of Abstaining from Adornment in Mourning

101 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Muhammad ibn 'Amr ibn Hazm from Humayd ibn Nafi' that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, " I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume, perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, " It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died for more than three nights, except for four months and ten days for a husband." '"

102 Zaynab said, " I went to the house of Zaynab bint Jahsh, the wife of the Prophet, may Allah bless him and grant him peace, when her brother had died. She called for perfume and put some on and said, 'By Allah! I have no need of perfume, but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, " It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died for more than three nights, except for four months and ten days for a husband." '"

103 Zaynab said, " I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Mesheard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! My daughter's husband has died and her eyes are troubling her, can she put kohl on them? ' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No' two or three times. Then he said, 'It is only four months and ten days (i.e. the period of mourning). In the Jahiliya none of you threw away the piece of dung until a year had passed.' "

Humayd ibn Nafi' said, " I asked Zaynab to explain what 'throwing away the piece of dung at the end of a year' meant. Zaynab said, 'In the Jahiliya when a woman's husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal - a donkey, a sheep, or a bird - and she would break her 'idda with it, by rubbing her body against it (taftaddu). Rarely did she break her 'idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.' "

Malik explained, " Taftaddu means to wipe her skin with it in the same way as with a healing charm."

[al-Bukhari and Muslim}

104 Yahya related to me from Malik from Nafi' from Safiyya bint Abi 'Ubayd from 'A'isha and Hafsa, the wives of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, " It is not halal for a woman in mourning for someone who has died, if she trusts in Allah and the Last Day, to abstain from adornment for more than three nights, except for a husband."

[In Muslim]

105 Yahya related to me from Malik that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said to a woman in mourning for her husband whose eyes were troubling her and the pain had become severe, " Apply jila' kohl at night and wipe it off in the day."

106 Yahya related to me from Malik that he had heard that Salim ibn 'Abdullah and Sulayman ibn Yasar said that if a woman whose husband had died feared that an inflammation of her eyes might affect her sight or that some complaint might befall her, she should put kohl on and seek a remedy with kohl or some other cure even if it had perfume in it.

Malik said, " If there is a necessity, the deen of Allah is ease."

107 Yahya related to me from Malik from Nafi' that Safiyya bint Abi 'Ubayd suffered from an eye-complaint while she was in mourning for her husband, 'Abdullah ibn 'Umar. She did not apply kohl until her eyes almost had ramas (a dry white secretion in the corners of the eye).

Malik said, " A woman whose husband has died should anoint her eyes with olive oil and sesame oil and the like of that since there is no perfume in it."

Malik said, " A woman in mourning for her husband should not put on any jewelry - rings, anklets or such-like, neither should she dress in any sort of colourful, striped garment unless it is coarse. She should not wear any cloth dyed with anything except black, and she should only dress her hair with things like lotus-tree leaves which do not dye the hair."

108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while was in mourning for Abu Salama and she had put aloes on her eyes. He asked, " What is this, Umm Salama? " She said, " It is only aloes, Messenger of Allah." He said, " Put it on at night and wipe it off in the daytime."

Malik said, " The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, " A slave-girl mourns her husband when he dies for two months and five nights like her 'idda."

Malik said, " An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

109 Yahya related to me from Malik that he had heard that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said, " A mourning woman can rub her head with lotus leaves and olive oil."

Suckling

Suckling of the Young

1 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr from 'Amra' bint 'Abd ar-Rahman that 'A'isha, Umm al-Muminin, informed her that the Messenger of Allah, may Allah bless him and grant him peace, was with her and she heard the voice of a man asking permission to enter the room of Hafsa. 'A'isha said that she had said, " Messenger of Allah! There is a man asking permission to enter your house! " The Messenger of Allah, may Allah bless him and grant him peace, said, " I think it is so-and-so" (referring to a paternal uncle of Hafsa by suckling). 'A'isha said, " Messenger of Allah" If so-and-so were alive (referring to her paternal uncle by suckling), could he enter where I am? " The Messenger of Allah, may Allah bless him and grant him peace, said, " Yes, suckling makes haram as birth makes haram."

[cf Bukhari 2503]

2 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that 'A'isha, Umm al-Muminin, said " My paternal uncle by suckling came to me and I refused to give him permission to enter until I had asked the Messenger of Allah, may Allah bless him and grant him peace, about it. He said, 'He is your paternal uncle, so give him permission.' I said, 'Messenger of Allah, the woman nursed me, not the man! ' He said, 'He is your paternal uncle, so let him enter.' "

'A'isha said, " That was after we had been commanded to adopt the veil."

'A'isha added, " What is haram by birth is also made haram by suckling."

[Bukhari and Muslim]

3 Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that 'A'isha, Umm al-Muminin, told him that Aflah, the brother of Abu'l-Qu'ays, came and asked permission to visit her after the veil had been lowered, and he was her paternal uncle by suckling. She said, " I refused to give him permission to enter. When the Messenger of Allah, may Allah bless him and grant him peace, came, I told him about what I had done, and he told me to give him permission to enter."

[Bukhari and Muslim]

4 Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that 'Abdullah ibn 'Abbas said, " The milk which a child under two years old sucks, even if it is only one suck, makes the foster-relatives haram."

5 Yahya related to me from Malik from Ibn Shihab from 'Amr ibn ash-Sharid that 'Abdullah ibn 'Abbas was asked whether, if a man had two wives, and one of them had nursed a slave-boy, and the other had nursed a slave-girl, the slave-boy could marry the slave-girl. He said, " No, the husband is the same."

[In at-Tirmidhi]

6 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar said, " There is no kinship by suckling except for a person who is nursed when he is small. There is no kinship by suckling for an older person over the age of two years."

7 Yahya related to me from Malik from Nafi' that Salim ibn 'Abdullah ibn 'Umar informed him that 'A'isha, Umm al-Muminin, sent him away while he was being nursed to her sister, Umm Kulthum bint Abi Bakr as-Siddiq, and said, " Suckle him ten times so that he can come in to see me."

Salim said, " Umm Kulthum nursed me three times and then fell ill, so that she only nursed me three times. I could not go in to see 'A'isha because Umm Kulthum did not finish the ten times for me."

8 Yahya related to me from Malik from Nafi' that Safiyya bint Abi 'Ubayd told him that Hafsa, Umm al-Muminin, sent 'Asim ibn 'Abdullah ibn Sa'd to her sister, Fatima bint 'Umar ibn al-Khattab, for her to suckle him ten times so that he could come in to see her. She did it, so he used to come in to see her.

9 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim that his father told him that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, admitted those whom her sisters and the daughters of her brother had nursed, and she did not admit those who had been nursed by the wives of her brothers.

10 Yahya related to me from Malik that Ibrahim ibn 'Uqba asked Sa'id ibn al-Musayyab about suckling. Sa'id said, " Anything that takes place in the first two years, even if it is only a drop, makes haram. Whatever is after two years, is only food that is eaten."

Ibrahim ibn 'Uqba said, " Then I asked 'Urwa ibn az-Zubayr and he told me the same as what Sa'id ibn al-Musayyab said."

11 Yahya related to me from Malik that Yahya ibn Sa'id said that he heard Sa'id ibn al-Musayyab say, " Suckling is only while the child is in the cradle. If not, it does not cause flesh and blood relations."

Yahya related to me from Malik that Ibn Shihab said, " Suckling, however little or much, makes haram, Kinship by suckling makes men mahram."

Yahya said that he heard Malik say, " Suckling, however little or much, when it is in the first two years makes haram. As for what is after the first two years, little or much, it does not make anything haram. It is like food."

Suckling of Older People

12 Yahya related to me from Malik from Ibn Shihab that he was asked about the suckling of an older person. He said, " 'Urwa ibn az-Zubayr informed me that Abu Hudhayfa ibn 'Utba ibn Rabi'a, one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, who was present at Badr, adopted Salim (who is called Salim, the mawla of Abu Hudhayfa) as the Messenger of Allah, may Allah bless him and grant him peace, adopted Zayd ibn Haritha. He thought of him as his son, and Abu Hudhayfa married him to his brother's sister, Fatima bint al-Walid ibn 'Utba ibn Rabi'a, who was at that time among the first emigrants. She was one of the best unmarried women of the Quraysh. When Allah the Exalted sent down in His Book what He sent down about Zayd ibn Haritha, 'Call them after their fathers.That is juster in Allah's sight. And if you do not know who their fathers were then they are your brothers in the deen and people under your patronage' (33: 5), people in this position were traced back to their fathers. When the father was not known, they were traced to their mawla.

" Sahla bint Suhayl, who was the wife of Abu Hudhayfa, and one of the tribe of 'Amr ibn Lu'ayy, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! We think of Salim as a son and he comes in to see me when I am uncovered. We only have one room, so what do you think about the situation? ' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give him five drinks of your milk and he will become a mahram by that.' She then saw him as a foster-son. 'A'isha, Umm al-Muminin, took that as a precedent for whatever men she wanted to be able to come to see her. She ordered her sister, Umm Kulthum bint Abi Bakr as-Siddiq and the daughters of her brother to give milk to whichever men she wanted to be able to come in to see her. The rest of the wives of the Prophet, may Allah bless him and grant him peace, refused to let anyone come in to them by such nursing. They said, 'No, by Allah! We think that what the Messenger of Allah, may Allah bless him and grant him peace, ordered Sahla bint Suhayl to do was only by an indulgence concerning the nursing of Salim alone. No, by Allah! No one will come in upon us by such nursing! '

" This is what the wives of the Prophet, may Allah bless him and grant him peace, thought about the suckling of an older person."

[In Muslim]

13 Yahya related to me from Malik that 'Abdullah ibn Dinar said, " A man came to 'Abdullah ibn 'Umar when I was with him at the place where judgements were given and asked him about the suckling of an older person. 'Abdullah ibn 'Umar replied, 'A man came to 'Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out because she had suckled her! ' 'Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young."

14 Yahya related to me from Malik from Yahya ibn Sa'id that a man said to Abu Musa al-Ash'ari, " I drank some milk from my wife's breasts and it went into my stomach." Abu Musa said, " I can only but think that she is haram for you." 'Abdullah ibn Mas'ud said, " Look at what opinion you are giving the man." Abu Musa said, " Then what do you say?." 'Abdullah ibn Mas'ud said, " There is only kinship by suckling in the first two years."

Abu Musa said, " Do not ask me about anything while this learned man is among you."

Suckling in General

15 Yahya related to me from Malik from 'Abdullah ibn Dinar from Sulayman ibn Yasar and from 'Urwa ibn az-Zubayr from 'A'isha, Umm al-Muminin, that the Messenger of Allah, may Allah bless him and grant him peace, said, " What is haram by birth is haram by suckling."

[In at-Tirmidhi]

16 Yahya related to me from Malik that Muhammad ibn 'Abd ar-Rahman ibn Nawfal said, " 'Urwa ibn az-Zubayr informed me from 'A'isha, Umm al-Muminin, that Judama bint Wahb al-Asadiya informed her that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I intended to prohibit ghila but I remembered that the Greeks and Persians do that without it causing any injury to their children.' "

Malik explained, " Ghila is that a man has intercourse with his wife while she is suckling."

[In Muslim]

17 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Hazm from 'Amra bint 'Abd ar-Rahman that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, " Amongst what was sent down of the Qur'an was 'ten known sucklings make haram' - then it was abrogated by 'five known sucklings'. When the Messenger of Allah, may Allah bless him and grant him peace, died, it was what is now recited of the Qur'an."

Yahya said that Malik said, " One does not act on this."

[In Muslim]

Business Transactions

Non-Returnable Deposits

1 Yahya related to me from Malik from a reliable source from 'Amr ibn Shu'ayb from his father from his father's father that the Messenger of Allah, may Allah bless him and grant him peace, forbade transactions in which non-refundable deposits were paid.

[In Abu Dawud and Ibn Majah]

Malik said, " That is, in our opinion, but Allah knows best, that for instance a man buys a slave or slave-girl or rents an animal and then says to the person from whom he bought the slave or leased the animal, 'I will give you a dinar or a dirham or whatever on the condition that if I actually take the goods or ride what I have rented from you, then what I have given you already goes towards payment for the goods or hire of the animal. If I do not purchase the goods or hire the animal, then what I have given you is yours without liability.

Malik said, " According to the way of doing things with us there is nothing wrong in bartering an Arabic-speaking merchant slave for Abyssinian slaves or any other type that are not his equal in eloquence, trading, shrewdness and know-how. There is nothing wrong in bartering one such slave for two or more other slaves with a stated delay in the terms if he is clearly different. If there is no appreciable difference between the slaves, two should not be bartered for one with a stated delay in the terms even if their racial type is different."

Malik said, " There is nothing wrong in selling what has been bought in such a transaction before taking possession of all of it as long as you receive the price for it from someone other than the original owner."

Malik said, " An addition to the price must not be made for a foetus in the womb of his mother when she is sold because that is gharar (an uncertain transaction). It is not known whether the child will be male or female, good-looking or ugly, normal or handicapped, alive or dead. All these things will affect the price."

Malik said that in a transaction where a slave or slave-girl was bought for one hundred dinars with a stated credit period that, if the seller regretted the sale, there was nothing wrong in him asking the buyer to revoke it for ten dinars by which he would forgo his right to the hundred dinars which he was owed.

Malik said, " However, if the buyer regrets and asks the seller to revoke the sale of a slave or slave-girl in consideration of which he will pay an extra ten dinars immediately or on credit terms extended beyond the original term, that should not be done. It is disapproved of because it is as if, for instance, the seller is buying the one hundred dinars which is not yet due on a year's credit before the year expires for a slave-girl and ten dinars which is to be paid immediately or on credit term lor than the year. This falls into the category of selling gold when delayed terms enter into it."

Malik said that it was not proper for a man to sell a slave-girl to another man for one hundred dinars on credit and then to buy her back for more than the original price or on a credit term longer than the original term for which he sold her. To understand why that was disapproved of, the example of a man who sold a slave-girl on credit and then bought her back on a credit term longer than the original term was looked at. He might have sold her for thirty dinars with a month to pay and then have bought her back for sixty dinars with a year or half a year to pay. The outcome would only be that his goods would have returned to him just like they were and the other party would have given him thirty dinars on a month's credit against sixty dinars on a year or half a year's credit. That should not be done.

Wealth of Slaves

2 Yahya related from Malik from Nafi' from 'Abdullah ibn 'Umar that 'Umar ibn al-Khattab said, " If a slave who has wealth is sold, that wealth belongs to the seller unless the buyer stipulates its inclusion."

[cf Bukhari 2250]

Malik said, " The generally agreed-upon way of doing things among us is that if the buyer stipulates the inclusion of the slave's property whether it be cash, money owed to him, or goods of known or unknown value, then they belong to the buyer, even if the slave possesses more than what he was purchased for, whether he was bought for cash, as payment for a debt, or in exchange for goods. This is possible because a master is not asked to pay zakat on his slave's property. If a slave owns a slave-girl, it is halal for him to have intercourse with her by his right of possession. If a slave is freed or put under contract (kitaba) to purchase his freedom, then his property goes with him. If he becomes bankrupt, his creditors take his property and his master is not liable for any of his debts.

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