while he was presiding over cases, with one of them seated on his right and the other on his left; he would turn to this one for a moment, and then to that one for a moment.
Shuʿbah said, “Al-Ḥakam’s narrations from Miqsam would fill a whole volume, save for five (1) hadiths.” Yaḥyā al-Qaṭṭān then explained, “They are the hadith on witr, the hadith on qunūt, the hadith concerning the irrevocable divorce, the recompense for hunting game, and approaching a menstruating woman.” He added, “As for the report about cupping for a fasting person, it is not reliable.”
Aḥmad ibn Ibrāhīm narrated to us; Bahz and Abū Dāwūd likewise narrated—they said: “Shuʿbah related to us, from al-Ḥakam, from Miqsam, from Ibn ʿAbbās: that the Prophet ﷺ had himself cupped while fasting at al-Qāḥah (2).” Bahz did not mention “at al-Qāḥah.”
Aḥmad ibn Ḥanbal narrated to us; he said that Yaḥyā ibn Saʿīd reported: “Shuʿbah said: ‘He did not hear…’”
(1) Hadith of ‘azimat al-talaq (the definitive divorce): reported by al-Tabari, 2/429, through Shu‘bah – al-Hakam – Miqsam – Ibn ‘Abbas, who said: “ ‘Azimat al-talaq is the lapse of the four-month period.” The chain is sound (sahih).
Hadith of ijzaʾ al-sayd (the compensation for game): reported by al-Tabari, 7/44, through Jarir – Mansur – al-Hakam – Miqsam – Ibn ‘Abbas concerning the verse “fa-jazaʾun mithlu ma qatal mina al-na‘m” (Q 5:95). He said: “If a person in ihram kills game, he must offer its like from livestock. If he finds the equivalent, he slaughters it and distributes the meat in charity; if he cannot, he estimates its value in silver, then converts the silver into wheat, and fasts one day for every half sa‘. What is meant by ‘food’ here is fasting; once he has food, he has the equivalent.” The chain is sound.
Hadith on intercourse with a menstruating woman: reported by Abu Dawud (264) through Musaddad – Yahya – Shu‘bah – al-Hakam – ‘Abd al-Hamid b. ‘Abd al-Rahman – Miqsam – Ibn ‘Abbas, from the Prophet ﷺ: “Let him give in charity one dinar or half a dinar.” The chain is sound and was authenticated by several leading scholars. It is also transmitted by al-Nasaʾi 1/153, Ibn Majah (640), Ahmad 1/229, 230, 286, Ibn al-Jarud 58-59, al-Hakim 1/171-172, and al-Bayhaqi through various routes from Shu‘bah – al-Hakam – ‘Abd al-Hamid – Miqsam – Ibn ‘Abbas in a marfu‘ form that omits ‘Abd al-Hamid; and by al-Darimi 1/255 through al-Hakam – Miqsam – Ibn ‘Abbas as a mawquf report.
(2) Reported by Ahmad 1/244, 248, al-Tayalisi p. 353, and al-Tahawi p. 351 through several routes from al-Hakam – Miqsam – Ibn ‘Abbas. Declared sahih by al-Bukhari, al-Tirmidhi and others, but judged weak by Ahmad b. Hanbal, Yahya b. Sa‘id al-Qattan and others.
Al-Qahah is a locality situated between Mecca and Medina, at a distance of three stages from Medina.