Marriage

Yahya related to me from Malik from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, (ﷺ), said "One cannot be married to a woman and her paternal aunt, or a woman and her maternal aunt at the same time."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "It is forbidden to be married to a woman and her paternal or maternal aunt at the same time, and for a man to have intercourse with a female slave who is carrying another man's child."

Yahya related to me from Malik from Yahya ibn Said that Zayd ibn Thabit asked whether it was halal for a man who married a woman and then separated from her before he had cohabited with her, to marry her mother. Zayd ibn Thabit said, "No. The mother is prohibited unconditionally. There are conditions, however about foster-mothers."

Yahya related to me from Malik from more than one source that when Abdullah ibn Masud was in Kufa, he was asked for an opinion about marrying the mother after marrying the daughter when the marriage with the daughter had not been consummated. He permitted it. When Ibn Masud came to Madina, he asked about it and was told that it was not as he had said, and that this condition referred to foster-mothers. Ibn Masud returnedto Kufa,and he had just reached his dwelling when the man who had asked him for the opinion came to visit and he ordered him to separate from his wife. Malik said that if a man married the mother of a woman who was his wife and he had sexual relations with the mother then his wife was haram for him, and he had to separate from both of them. They were both haram to him forever, if he had had sexual relations with the mother. If he had not had relations with the mcther, his wife was not haram for him, and he separated from the mother. Malik explained further about the man who married a woman, and then married her mother and cohabited with her, "The mother will never be halal for him, and she is not halal for his father or his son, and any daughters of hers are not halal for him and so his wife is haram for him." Malik said, "Fornication however, does not make any of that haram because Allah, the Blessed, the Exalted, mentioned 'the mothers of your wives,' as one whom marriage made haram, and he didn't mention the making haram by fornication. Every marriage in a halal manner in which a man cohabits with his wife, is a halal marriage. This is what I have heard, and this is how things are done among us."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that the Messenger of Allah, (ﷺ), forbade shighar, which meant one man giving his daughter in marriage to another man on the condition that the other gave his daughter to him in marriage without either of them paying the bride-price.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father from Abd ar-Rahman and Mujamma the sons of Yazid ibn Jariya al-Ansari from Khansa bint Khidam al-Ansariya that her father gave her in marriage and she had been previously married. She disapproved of that, and went to the Messenger of Allah, (ﷺ), and he revoked the marriage.

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman . He said, "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited." Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage." Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas and Abdullah ibn Umar were asked about a man who had a free woman as a wife and then wanted to marry a slave-girl. They disapproved that he should combine the two of them.

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."

Yahya related to me from Malik from Ibn Shihab from Abu Abd ar- Rahman that Zayd ibn Thabit said that if a man divorced his slave-girl three times and then bought her, she was not halal for him until she had married another husband.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked whether, when a man married a slave of his to a slave-girl and the slave divorced her irrevocably, and then her master gave her to the slave, she was then halal for the slave by the possession of the right hand. They said, "No. She is not halal until she has married another husband."

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband." Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her. Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

Yahya related to me from Malik from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from his father that Umar ibn al- Khattab was asked about a woman and her daughter who were in the possession of the right hand, and whether one could have intercourse with one of them after the other Umar said, "I dislike both being permitted together." He then forbade that.

Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayb that a man asked Uthman ibn Affan whether one could have intercourse with two sisters who one owned. Uthman said, "One ayat makes them halal, and one ayat makes them haram. As for me, I wouldn't like to do it." The man left him and met one of the companions of the Messenger of Allah, (ﷺ), and asked him about it, and he said, "Had I any authority and I found someone who had done it, I would punish him as an example." Ibn Shihab added, "I think that it was Ali ibn Abi Talib. "

Yahya related to me from Malik that he had heard that az-Zubayr ibn al-Awwam said the like of that. Malik said that if a man had sexual relations with a female slave that he owned, and then he wanted to also have relations with her sister, the sister was not halal for a man until intercourse with the slave-girl had been made haram for him by marriage, setting free, kitaba, or the like of that - for instance, if he had married her to his slave or someone other than his slave.

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab gave his son a slave-girl and said, "Do not touch her, for I have uncovered her."

Yahya related to me from Malik that Abd arRahman ibn al-Mujabbir said that Salim ibn Abdullah gave his son a slave-girl and said, "Do not go near her, for I wanted her, and did not act towards her."

Yahya related to me from Malik from Yahya ibn Said that Abu Nahshal ibn al-Aswad said to al-Qasim ibn Muhammad,"I saw a slave-girl of mine uncovered in the moonlight, and so I sat on her as a man sits on a woman. She said that she was menstruating, so I stood up and have not gone near her after that. Can I give her to my son to have intercourse with?" Al-Qasim forbade that.

Yahya related to me from Malik from Ibrahim ibn Abi Abla from Abd al-Malik ibn Marwan that he gave a slave-girl to a friend of his, and later asked him about her. He said, "I intended to give her to my son to do such-and-such with her." Abd al-Malik said, "Marwan was more scrupulous than you. He gave a slave-girl to his son, and then he said, 'Do not go near her, for I have seen her leg uncovered .' "