Yahya related to me from Malik that he had
heard that Said ibn al-Musayyab and Sulayman ibn Yasar and Ibn Shihab
all said that a woman who divorced for a compensation had the same
idda as a divorced woman - three periods.
Malik said that a
woman who ransomed herself could not return to her husband except by a
new marriage. If someone married her and then separated from her
before he had intercourse with her, there was no idda against her from
the recent marriage, and she rested on her first idda.
Malik
said, "That is the best that I have heard on the matter."
Malik said, "If, when a woman offers to compensate her husband, he
divorces her straightaway, then that compensation is confirmed for
him. If he makes no response, and then at a later date, does divorce
her, he is not entitled to that compensation."
Muwatta Malik Book 29, Hadith 37
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.' "
Muwatta Malik Book 29, Hadith 113
Yahya said that he heard Malik say, "If a man buys a garment
which has a defect, a burn or something else, which the seller knows
about and that is testified against him or he confirms it, and the man
who has bought it causes a new tear which decreases the price of the
garment, and then he learns about the original defect, he can return
it to the seller and he is not liable for his tearing it.
"If
a man buys a garment which has a defect of a burn or flaw, and the one
who sold it to him claims that he did not know about it, and the buyer
has cut the garment or dyed it, then the buyer has an option . If he
wishes, he can have a reduction according to what the burn or flaw
detracts from the price of the garment and he can keep the garment, or
if he wishes to pay damages for what the cutting or dyeing has
decreased of the price of the garment and return it, he can do so.
"If the buyer has dyed the garment with a dye which increases
the value, the buyer has an option. If he wishes, he has a reduction
from the price of the garment according to what the defect diminishes
or if he wishes to become a partner with the one who sold the garment
he does so. The price of the garment with a burn or flaw is looked at.
If the price is ten dirhams, and the amount by which the dyeing
increased the value is five dirhams, then they are partners in the
garment, each according to his share. In this reckoning is the amount
by which the dyeing increases the price of the garment."
Muwatta Malik Book 36, Hadith 53
Lian was mentioned in the presence of the Prophet, `Asim bin Adi said a statement about it, and when
he left, a man from his tribe came to him complaining that he had seen a man with his wife. `Asim
said, "I have been put to trial only because of my statement." So he took the man to the Prophet (ﷺ) and
the man told him about the incident. The man (husband) was of yellow complexion, thin, and of lank
hair, while the man whom he had accused of having been with his wife, was reddish brown with fat
thick legs and fat body. The Prophet (ﷺ) said, "O Allah! Reveal the truth." Later on the lady delivered a
child resembling the man whom the husband had accused of having been with her. So the Prophet (ﷺ)
made them take the oath of Lian. A man said to Ibn `Abbas in the gathering, "Was that the same lady
about whom the Prophet (ﷺ) said, "If I were to stone any lady (for committing illegal sexual intercourse)
to death without witnesses, I would have stoned that lade to death?" Ibn `Abbas said, "No, that was
another lady who used to behave in such a suspicious way among the Muslims that one might accuse
her of committing illegal sexual intercourse."
Sahih al-Bukhari Book 86, Hadith 78
Yahya related to me from Malik that Humayd ibn Qays al-Makki
said, "A man came to the Messenger of Allah, may Allah bless him and
grant him peace, with the two sons of Jafar ibn Abi Talib. He said to
their nursemaid, 'Why do I see them so thin?' Their nursemaid said,
'Messenger of Allah, the evil eye goes quickly to them. Nothing stops
us from asking someone to make incantations (using ayats of Quran)
for them, except that we do not know what of that would agree with
you.' The Messenger of ,Allah, may Allah bless him and grant him
peace, said, 'Make incantations for them. Had anything been able to
precede the decree, the evil eye would precede it.' "
Muwatta Malik Book 50, Hadith 3