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Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat<br />

of palm leaves while they were menstruating.<br />

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl.<br />

He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of,<br />

however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another<br />

when one is junub."<br />

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his<br />

finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that<br />

makes the water impure."<br />

Al-Muwatta Hadith<br />

Hadith 36.14<br />

Judgement about Raped Women<br />

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped<br />

woman her bride-price.<br />

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin,<br />

if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her<br />

worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If<br />

the rapist is a slave, that is against his master unless he wishes to surrender him."<br />

Al-Muwatta Hadith<br />

Hadith 14.15<br />

Concerning Women Going Out to the Mosque<br />

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may<br />

Allah bless him and grant him peace, said, "If the Messenger of Allah, may Allah bless him and grant him peace, had seen<br />

what women do now, he would have forbidden them to go into the mosques, just as the women of the Bani Israil were<br />

forbidden."<br />

Yahya ibn Said said that he asked Amra, "Were the women of the Bani Israil forbidden to go into the mosques?" and she<br />

said, "Yes."<br />

Al-Muwatta Hadith<br />

Hadith 14.13<br />

Concerning Women Going Out to the Mosque<br />

Yahya related to me from Malik that he had heard from Busr ibn Said that the Messenger of Allah, may Allah bless him and<br />

grant him peace, said, "None of you women should use perfume when you are present at the isha prayer."<br />

Al-Muwatta Hadith<br />

Hadith 29.52<br />

Idda of Women whose Husbands are Missing<br />

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman<br />

who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then<br />

she is free to marry."<br />

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or<br />

not, her first husband has no means of access to her."<br />

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to<br />

her."<br />

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to<br />

Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."<br />

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was<br />

absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his<br />

divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her<br />

whether or not the new husband has consummated the marriage.' "<br />

Malik said, "This is what I like the best of what I heard about the missing man."<br />

Fiqh-us-Sunnah<br />

Fiqh 1.21a<br />

Circumcision<br />

Go to UP<br />

2121

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