The Messenger of Allah (ﷺ) commanded me to send a woman to her husband before he gave something to her. Abu Dawud said: The narrator Khaithamah did not hear (any tradition) from ‘Aishah.
The aforesaid tradition has also been transmitted by Ibn Ishaq through a different chain of narrators. This version has the traditional word “a menstrual course” in the phrase “till she is free from a menstrual course”. This is a misunderstanding on the part of the narrator Abu Mu’awiyah. This is correct in the tradition of Abu Sa’id Al Khudri. This version has the additional words “he who believes in Allaah and the Last Day should not ride on a mount belonging to the spoil of Muslims and when he makes it emaciated returns it; he who believes in Allaah and the Last Day should not put on cloth belonging to the spoils of Muslims and when makes it old (shabby) returns it. Abu Dawud said “The word “menstrual course” is not guarded. This is a misunderstanding on the part of Abu Mu’awiyah”
The Prophet (ﷺ) said: The divorce of a slave-woman consists in saying it twice and her waiting period is two menstrual courses (qur’) AbuAsim said: A similar tradition has been narrated to me by Muzahir and al-Qasim on the authority of Aisha from the Prophet (ﷺ), except that he said: And her waiting period (‘iddah) is two courses. Abu Dawud said: This tradition is obscure.
The above tradition has also been transmitted by ‘Amr bin Shu’aib through a different chain of narrators to the same effect. This version adds “If anyone swears an oath to do an act of disobedience to GOD, his oath is not valid, and if anyone swears an oath to sever relationship, his oath is not valid(i.e., he must not fulfill it)
The Prophet (ﷺ) said: There is no prostitution in Islam. If anyone practised prostitution in pre-Islamic times, the child will be attributed to the master (of the slave-woman). He who claims his child without a valid marriage or ownership will neither inherit nor be inherited.
A’ishah said “Sa’d bin Abi Waqqas and ‘Abd bin Zamah disputed amongst themselves about the (relationship of the) son of the slave girl of Zam’ah and brought the case to the Apostle of Allaah(ﷺ). Sa’d said “My brother ‘Utbah enjoined me that when I came to Makkah I should see the son of the slave girl of Zam’ah and take his possession for that is his son”. ‘Abd bin Zam’ah said “He is my brother, the son of my father’s slave girl having been born on my father’s bed”. The Apostle of Allaah(ﷺ) saw his clear resemblance to ‘Utbah. So he said “The child is attributed to the one on whose bed it is born and the fornicator is deprived of any right (lit. the fornicator will have the stone). Veil yourself from him, Saudah. Musaddad added in his version “he is your brother ‘Abd”.
My people married me to a Roman slave-girl of theirs. I had intercourse with her, and she gave birth to a black (male) child like me. I named it Abdullah. I again had intercourse with her, and she gave birth to a black (male) child like me. I named it Ubaydullah. Then a Roman slave of my people, called Yuhannah, incited her, and spoke to her in his own unintelligible language. She gave birth to a son like a chameleon (red). I asked her: What is this? She replied: This belongs to Yuhannah. We then brought the case to Uthman (for a decision). I think Mahdi said these words. He inquired from both of them, and they acknowledged (the facts). He then said to them: Do you agree that I take the decision about you, which the Messenger of Allah (ﷺ) had taken? The Messenger of Allah (ﷺ) decided that the child was to attributed to the one on whose bed it was born. And I think he said: He flogged her and flogged him, for they were slaves.
The Prophet (ﷺ) said: “O Allah, bless my people in their early mornings.” When he sent out a detachment or an army, he sent them at the beginning of the day. Sakhr was a merchant, and he would send off his merchandise at the beginning of the day; and he became rich and had much wealth. Abu Dawud said: He is Sakhr b. Wada’ah.
Marwan and Al Miswar bin Makhramah told that when the deputation of the Hawazin came to the Muslims and asked the Apostle of Allaah(ﷺ) to return to them their property, the Apostle of Allaah(ﷺ) said to them “with me are those whom you see”. The speech dearest to me is the one which is true, so choose (one of the two) either the captives or the property. They said “We choose our captives. The Apostle of Allaah(ﷺ) stood up, extolled Allaah and then said “To proceed, your brethren have come repentant I have considered that I should return their captives to them, so let those of you who are willing to release the captives act accordingly, but those who wish to hold on to what they have till we give them some of the first booty Allaah gives us may do so. The people said “We are willing for that (to release their captives), Apostle of Allaah. The Apostle of Allaah(ﷺ) said “We cannot distinguish between those of you who have granted that and those who have not , so return till your headmen may tell us about your affair. The people then returned and their headmen spoke to them, then they informed that they were agreeable and had given their permission.
Salih bin Muhammad said “We went out on an expedition with Al Walid bin Hisham and Salim bin ‘Abd Allaah bin ‘Umat and ‘Umar bin ‘Abd Al Aziz were with us. A man had been dishonest about booty. Al Walid ordered to burn his property and it was circulated (among the people). He did not give him his share. Abu Dawud said “This is sounder of the two traditions. Others narrated that Al Walid bin Hashim burnt the Camel saddle of Ziyad bin Sa’d “He had been dishonest about booty and he beat him.”
Makhul said: I was the slave of a woman of Banu Hudhayl; afterwards she emancipated me. I did not leave Egypt until I had acquired all the knowledge that seemed to me to exist there. I then came to al-Hijaz and I did not leave it until I had acquired all the knowledge that seemed to be available. Then I came to al-Iraq, and I did not leave it until I had acquired all the knowledge that seemed to be available. I then came to Syria, and besieged it. I asked everyone about giving rewards from the booty. I did not find anyone who could tell me anything about it. I then met an old man called Ziyad ibn Jariyah at-Tamimi. I asked him: Have you heard anything about giving rewards from the booty? He replied: Yes. I heard Maslamah al-Fihri say: I was present with the Prophet (ﷺ). He gave a quarter of the spoils on the outward journey and a third on the return journey.
The Messenger of Allah (ﷺ) said to me: AbuTha’labah, eat what returns to you by your bow and your dog. Ibn Harb’s version adds: “The trained (dog), and your hand, then eat, whether it has been slaughtered or not slaughtered”.
When Allah, Most High, revealed the verses: “Come not nigh to the orphan’s property except to improve it”. And “Those who unjustly eat up the property of orphans”, everyone who had an orphan with him went and separated his food from his (orphan’s) food, and his drink from his drink, and began to detain the remaining food which he (the orphan) himself ate or spoiled. This fell heavy on them, and they mentioned this to the Messenger of Allah (ﷺ). So Allah, Most High, revealed the verse: “They ask thee concerning orphans. Say: The best thing to do is what is for their good; if ye mix their affairs with yours, they are your brethren.” Then they mixed their food with his food and their drink with his drink.
A man said: Messenger of Allah, my mother has died ; will it benefit her if I give sadaqah on her behalf ? He said: Yes. He said: I have a garden, and I call you to witness that I have given it as sadaqah on her behalf.
The Messenger of Allah (ﷺ) assigned the estate of a child of a woman about whom she had invoked a curse to her mother, and to her heirs after her.
I said: Messenger of Allah, where will you stay tomorrow ? This (happened) during his Hajj. He replied: Has ‘Aqil left any house for us ? He then said: We shall stay at the valley of Banu Kinarah where the Quraish took an oath on unbelief. This refers to al-Muhassab. The reason is that Banu Kinarah made an alliance with the Quraish against Banu Hashim that they would have no marital connections with them, nor will have commercial transactions with them, not will give them any refuge. Al-Zuhri said: Khalf means valley.
The Messenger of Allah (ﷺ) as saying: The right of inheritance belongs to only to the one who paid the price (of the slave) and patronised him by doing an act of gratitude.
There were two brothers among the Ansar who shared an inheritance. When one of them asked the other for the portion due to him, he replied: If you ask me again for the portion due to you, all my property will be devoted to the decoration of the Ka’bah. Umar said to him: The Ka’bah does not need your property. Make atonement for your oath and speak to your brother. I heard the Messenger of Allah (ﷺ) say: An oath or vow to disobey the Lord, or to break ties of relationship or about something over which one has no control is not binding on you.
The Messenger of Allah (ﷺ) said: A vow is binding in those things by which the pleasure of Allah is sought, and an oath to break ties of relationship is not binding.
The Prophet (ﷺ) as saying: If anyone dies when some fast due from him has been unfulfilled, his heir must fast on his behalf.
“Or one of them tells the other: “Exercise the right.”
During the time of the Messenger of Allah (ﷺ) a man used to buy (goods), and he was weak in his intellect. His people came to the Prophet of Allah (ﷺ) and said: Prophet of Allah, stop so-and-so (to make a bargain) for he buys (goods), but he is weak in his intellect. So the Prophet (ﷺ) called on him and forbade him to make a bargain. He said: Prophet of Allah, I cannot keep away myself from business transactions. Thereupon the Messenger of Allah (ﷺ) said: If you cannot give up making a bargain , then say: Take , and give, and there is no attempt to deceive.
Hakim asked (the Prophet): Messenger of Allah, a man comes to me and wants me to sell him something which is not in my possession. Should I buy it for him from the market? He replied: Do not sell what you do not possess.
The Prophet (ﷺ) Said: The children of a man come from what he earns, rather they are his pleasantest earning; so enjoy from their property. Abu Dawud said: Hammad b. Abi Sulaiman added in his version: “When you need.” But this (addition) is munkar (not authoritative).
The Prophet (ﷺ) said: It is not lawful for a man to make a donation or give a gift and then take it back, except a father regarding what he gives his child. One who gives a gift and then takes it back is like a dog which eats and vomits when it is full, then returns to its vomit.
Bashir’s wife said (to her husband): Give my son your slave, and call the Messenger of Allah (ﷺ) as witness for me. So he came to the Messenger of Allah (ﷺ) and said: The daughter of so-and-so has asked me to give her som my slave and said to me: Call the Messenger of Allah (ﷺ) as witness for her. He asked: Has he brothers? He replied: Yes. He again asked: Has he given them all the same as you have given him? He replied: No. He said: This is not good, and I will be a witness to what it right.
On his father’s authority, said that his grandfather reported the Messenger of Allah (ﷺ) as saying: It is not permissible for a woman to present a gift from the property which she has in her possession when her husband owns her chastity.
The Messenger of Allah (ﷺ) offered the morning prayer. When he finished it, he stood up and said three times: False witness has been made equivalent to attributing a partner to Allah. He then recited: “So avoid the abomination of idols and avoid speaking falsehood as people pure of faith to Allah, not associating anything with Him.
Tha’labah heard his elders say that a man from the Quraysh had his share with Banu Qurayzah (in water). He brought the dispute to the Messenger of Allah (ﷺ) about al-Mahzur, a stream whose water they shared together. The Messenger of Allah (ﷺ) then decided that when water reached the ankles waters should not be held back to flow to the lower.
I think it was Ghalib who had come to the Prophet(ﷺ) with tradition.
I heard the Messenger of Allah (ﷺ) say: If any of you is suffering from anything or his brother is suffering, he should say: Our Lord is Allah Who is in the heaven, holy is Thy name, Thy command reigns supreme in the heaven and the earth, as Thy mercy in the heaven, make Thy mercy in the earth; forgive us our sins, and our errors; Thou art the Lord of good men; send down mercy from Thy mercy, and remedy, and remedy from Thy remedy on this pain so that it is healed up.
The Messenger of Allah (ﷺ) took a man who was suffering from tubercular leprosy by the hand; he then put it along with his own hand in the dish and said: Eat with confidence in Allah and trust in Him.
on his father’s authority, told that his grandfather reported the Prophet (ﷺ) said: A slave who has entered into an agreement to purchase his freedom is a slave as long as a dirham of the agreed price remains to be paid.
I went with my father to the Prophet (ﷺ) and saw two green garments over him.
I was with the Messenger of Allah (ﷺ) while Maymunah was with him. Then Ibn Umm Maktum came. This happened when we were ordered to observe veil (purdah). The Prophet (ﷺ) said: Observe veil from him. We asked: Messenger of Allah! is he not blind? He can neither see us nor recognise us. The Prophet (ﷺ) said: Are both of you blind? Do you not see him? AbuDawud said: This was peculiar to the wives of the Prophet (ﷺ). Do you not see that Fatimah daughter of Qays passed her waiting period with Ibn Umm Maktum. The Prophet (ﷺ) said to Fatimah daughter of Qays: Pass your waiting period with Ibn Umm Maktum, for he is a blind man. You can put off your clothes with him.
On his father’s authority, said that his grandfather reported the Prophet (ﷺ) said: When one of you marries his male-slave to his slave-woman, he should not look at her private parts.
We used to grow beard long except during the Hajj or ‘Umrah. Abu Dawud said: Istihdad means to shave the pubes.
A Makhzumi woman used to borrow goods and deny having received them, so the prophet (ﷺ) gave orders that her hand should be cut off. The narrator than transmitted the rest of the tradition like that of al-laith, saying : So the prophet (ﷺ) had her hand cut off. Abu dawud said: Ibn Wahb transmitted this tradition from Yunus on the authority of al-Zuhri, and in this version he said al-Laith has said: A woman committed theft during the lifetime of the Prophet (ﷺ) on the occasion of the Conquest (of Mecca). It has been transmitted by al-Laith from Yunus on the authority of Ibn Shihab through his chain of narrators. He said in this version: A woman borrowed goods. Mas’ud bin al-Aswad also transmitted a similar tradition from the Prophet (ﷺ) and said: A velvet was stolen from the house of the Messenger of Allah (ﷺ). Abu Dawud said: Abu al-Zubair reported on the authority of Jabir: A woman committed theft and took refuge with Zainab daughter of Prophet (ﷺ).
Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave’s master went to Rafi’ ibn Khadij and asked him about it. He told him that he had heard the Messenger of Allah (ﷺ) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (ﷺ). So Rafi’ ibn Khadij went with him and came to Marwan ibn al-Hakam. Rafi’ said to him: I heard the Messenger of Allah (ﷺ) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released. Abu Dawud said: Kathar means pith of the palm-tree.
The Prophet (ﷺ) said: Then you, Khuza’ah, have killed this man of Hudhayl, but I will pay his blood-wit. After these words of mine if a man of anyone is killed, his people will have a choice to accept blood-wit or to kill him.
Then al-Hasan forgot this tradition, and he used to say: A free man is not to be killed for a slave.
A girl was wearing silver ornaments. A Jew crushed her head with a stone. The Messenger of Allah (ﷺ) entered upon her when she had some breath. He said to her: Who has killed you ? Had so and so killed you ? She replied: No, making a sign with her head. He again asked: Who has killed you ? Has so and so killed you ? She replied: No, making a sign with her head. He again asked: Has so and so killed you ? She said: Yes, making sign with her head. The Messenger of Allah (ﷺ) commanded regarding him, and he was killed between two stones.
If anyone is killed. Ibn ‘Ubaid in his version said: The Messenger of Allah (ﷺ) said: If anyone is killed in error (blindly) when people are throwing stones, or by beating with whips, or striking with a stick, it is accidental and the compensation for accidental death is due. But if anyone is killed deliberately, retaliation is due. Ibn ‘Ubaid in his version: Retaliation of the man is due. The agreed version then goes: If anyone comes in (between the two parties) to prevent it, Allah’s curse and anger will rest on him, and neither supererogatory nor obligatory acts will be accepted from him. The version of the tradition of Sufyan is more perfect.
The Messenger of Allah (ﷺ) as saying: He then mentioned the rest of the tradition to the same effect as mentioned by Sufyan.
The Prophet (ﷺ) said: The teeth are equal, and the fingers are equal.
The Messenger of Allah (ﷺ) treated the fingers and toes as equal.
On his father’s authority, said that his grandfather said: The Prophet (ﷺ) said in his address while he was leaning against the Ka’bah: (The blood-wit) for each finger is ten camels.
On his father’s authority, said that his grandfather said: The Prophet (ﷺ) said: For each tooth are ten camels.
I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban – Muhammad b. Rashid – Sulaiman b. Musad – ‘Amr b. Suh’aib, On his father’s authority, said that his grandfather said: The Messenger of Allah (ﷺ) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (ﷺ) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams. He said: The Messenger of Allah (ﷺ) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep. He said: The Messenger of Allah (ﷺ) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates. He said: The Messenger of Allah (ﷺ) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth. The Messenger of Allah (ﷺ) gave judgment that the blood-money for a woman should be divided among her relatives on her father’s side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer. The Messenger of Allah (ﷺ) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything. Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu’aib who, on his father’s authority, said that his grandfather heard it from the Prophet (ﷺ). Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.
On his father’s authority, said that his grandfather reported the Prophet (ﷺ) said: Blood-wit for what resembles intentional murder is to be made as severe as that for intentional murder, but the culprit is not to be killed. Khalid gave us some additional information on the authority of Ibn Rashid: That (unintentional murder which resembles intentional murder) means that Satan jumps among the people and then the blood is shed blindly without any malice and weapon.
The Messenger of Allah (ﷺ) gave judgment about the slave who had made an agreement to purchase his freedom (mukatab) and he had been killed that blood-wit is paid for him at the rate paid for a free man so far as he has paid the purchase money, and at the rate paid for a slave as the remainder is concerned.
On this father’s authority, said: A servant of mine fought with a man and bit his hand and he drew away his hand. (One of) his front teeth fell out. So he came to the Prophet (ﷺ) who imposed no retaliation for his tooth, saying: Do you intend that he leaves his hand in your mouth so that you crunch it like a male camel ? He said: Ibn Abi Mulaikah told me on the authority of his grandfather that Abu Bakr (ra) imposed no retaliation on him for it, saying: May his tooth go away!
The Prophet (ﷺ) said: Glorifying Allah involves showing honour to a grey-haired Muslim and to one who can expound the Qur’an, but not to one who acts extravagantly regarding it, or turns away from it, and showing honour to a just ruler.