Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "I heard Umar ibn al- Khattab say, 'Stoning is in the Book of Allah for those who commit adultery, men or women when they are muhsan and when there is clear proof of pregnancy or a confession.' "

Allah's Apostle said, "Horses may be used for three purposes: For a man they may be a source of reward (in the Hereafter); for another, a means of protection; and for another, a source of sin. The man for whom they are a source of reward, is the one who keeps them for Allah's Cause and ties them with long ropes and lets them graze in a pasture or garden. Whatever those long ropes allow them to eat of that pasture or garden, will be written as good deeds for him and if they break their ropes and run one or two rounds, then all their footsteps and dung will be written as good deeds for him, and if they pass a river and drink from it though he has had no intention of watering them, even then, that will be written as good deeds for him. So such horses are a source of reward for that man. For the man who keeps horses for his livelihood in order not to ask others for help or beg his bread, and at the same time he does not forget Allah's right of what he earns through them and of their backs (that he presents it to be used in Allah's Cause), such horses are a shelter for him (from poverty). For the man who keeps them just out of pride and for showing off, they are a source of sin." Then Allah's Apostle was asked about donkeys. He said, "Allah has not revealed anything to me regarding them except this comprehensive Verse: "Then anyone who has done good, equal to the weight of an atom (or a small ant) shall see it, and any one who has done evil, equal to the weight of an atom (or a small ant) shall see it." (99.7-8)

Allah's Apostle said, "The deeds of anyone of you will not save you (from the (Hell) Fire)." They said, "Even you (will not be saved by your deeds), O Allah's Apostle?" He said, "No, even I (will not be saved) unless and until Allah bestows His Mercy on me. Therefore, do good deeds properly, sincerely and moderately, and worship Allah in the forenoon and in the afternoon and during a part of the night, and always adopt a middle, moderate, regular course whereby you will reach your target (Paradise).

I heard Abu Ash-sha'tha' Jabir saying, "I heard Ibn `Abbas saying, 'I offered with Allah's Apostle eight rak`at (of Zuhr and `Asr prayers) together and seven rak`at (the Maghrib and the `Isha' prayers) together.' " I said, "O Abu Ash-shatha! I think he must have prayed the Zuhr late and the `Asr early; the `Isha early and the Maghrib late." Abu Ash-sha'tha' said, "I also think so." (See Hadith No. 518 Vol. 1).

We went out to Khaibar in the company of the Prophet. While we were proceeding at night, a man from the group said to 'Amir, "O 'Amir! Won't you let us hear your poetry?" 'Amir was a poet, so he got down and started reciting for the people poetry that kept pace with the camels' footsteps, saying:-- "O Allah! Without You we Would not have been guided On the right path Neither would be have given In charity, nor would We have prayed. So please forgive us, what we have committed (i.e. our defects); let all of us Be sacrificed for Your Cause And send Sakina (i.e. calmness) Upon us to make our feet firm When we meet our enemy, and If they will call us towards An unjust thing, We will refuse. The infidels have made a hue and Cry to ask others' help Against us." The Prophet on that, asked, "Who is that (camel) driver (reciting poetry)?" The people said, "He is 'Amir bin Al-Akwa`." Then the Prophet said, "May Allah bestow His Mercy on him." A man amongst the people said, "O Allah's Prophet! has (martyrdom) been granted to him. Would that you let us enjoy his company longer." Then we reached and besieged Khaibar till we were afflicted with severe hunger. Then Allah helped the Muslims conquer it (i.e. Khaibar). In the evening of the day of the conquest of the city, the Muslims made huge fires. The Prophet said, "What are these fires? For cooking what, are you making the fire?" The people replied, "(For cooking) meat." He asked, "What kind of meat?" They (i.e. people) said, "The meat of donkeys." The Prophet said, "Throw away the meat and break the pots!" Some man said, "O Allah's Apostle! Shall we throw away the meat and wash the pots instead?" He said, "(Yes, you can do) that too." So when the army files were arranged in rows (for the clash), 'Amir's sword was short and he aimed at the leg of a Jew to strike it, but the sharp blade of the sword returned to him and injured his own knee, and that caused him to die. When they returned from the battle, Allah's Apostle saw me (in a sad mood). He took my hand and said, "What is bothering you?" I replied, "Let my father and mother be sacrificed for you! The people say that the deeds of 'Amir are lost." The Prophet said, "Whoever says so, is mistaken, for 'Amir has got a double reward." The Prophet raised two fingers and added, "He (i.e. Amir) was a persevering struggler in the Cause of Allah and there are few 'Arabs who achieved the like of (good deeds) 'Amir had done."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "We would pray asr and anyone who then went to the Bani Amr ibn Awf would find them praying asr."

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

The Prophet (saws) said: The neighbour is most entitled to the right of pre-emption, and he should wait for its exercise even if he is absent, when the two properties have one road.

I was sitting with Jabir bin Zaid and `Amr bin Aus, and Bjalla was narrating to them in 70 A.H. the year when Mus`ab bin Az-Zubair was the leader of the pilgrims of Basra. We were sitting at the steps of Zamzam well and Bajala said, "I was the clerk of Juz bin Muawiya, Al-Ahnaf's paternal uncle. A letter came from `Umar bin Al-Khattab one year before his death; and it was read:-- "Cancel every marriage contracted among the Magians between relatives of close kinship (marriages that are regarded illegal in Islam: a relative of this sort being called Dhu-Mahram.)" `Umar did not take the Jizya from the Magian infidels till `Abdur-Rahman bin `Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.

We came to the Prophet (saws) and said to him: Messenger of Allah, you know who we are, from where we are and to whom we have come. He said: To Allah and His Apostle. We said: Messenger of Allah, we have grapes; what should we do with them? He said: Make them raisins. We then asked: What should we do with raisins? He replied: Steep them in the morning and drink in the evening, and steep them in the evening and drink in the morning. Steep them in skin vessels and do not steep them in earthen jar, for it it is delayed in pressing, it becomes vinegar.

Malik related to me from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "Give to a beggar even if he comes on a horse."

Allah's Apostle said, "You should listen to and obey, your ruler even if he was an Ethiopian (black) slave whose head looks like a raisin."

Ibn `Umar intended to perform Hajj in the year of the Hajj of Al-Harawriya during the rule of Ibn Az- Zubair. Some people said to him, "It is very likely that there will be a fight among the people, and we are afraid that they might prevent you (from performing Hajj)." He replied, "Verily, in Allah's Apostle there is a good example for you (to follow). In this case I would do the same as he had done. I make you witness that I have intended to perform `Umra." When he reached Al-Baida', he said, "The conditions for both Hajj and `Umra are the same. I make you witness that I have intended to perform Hajj along with `Umra." After that he took a garlanded Hadi (to Mecca) which he bought (on the way). When he reached (Mecca), he performed Tawaf of the Ka`ba and of Safa (and Marwa) and did not do more than that. He did not make legal for himself the things which were illegal for a Muhrim till it was the Day of Nahr (sacrifice), when he had his head shaved and slaughtered (the sacrifice) and considered sufficient his first Tawaf (between Safa and Marwa), as a (Sa`i) for his Hajj and `Umra both. He then said, "The Prophet used to do like that."

Usama approached the Prophet on behalf of a woman (who had committed theft). The Prophet said, "The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet ) did that (i.e. stole), I would cut off her hand."

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 Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

Yahya related to me from Malik from Yahya ibn Said from Abu Bakr ibn Hazm thatUmar ibn Abd al-Aziz had asked him what people said about the 'irrevocable' divorce, and Abu Bakr had replied that Aban ibn Uthman had clarified that it was declared only once. Umar ibn Abd al- Aziz said, "Even if divorce had to be declared a thousand times, the'irrevocable' would use them all up. A person who says, 'irrevocably' has cast the furthest limit."

When Abu Talib's death approached, the Prophet went to him while Abu Jahl and `Abdullah bin Abi Umaiya were present with him. The Prophet said, "O uncle, say: None has the right to be worshipped except Allah, so that I may argue for your case with it before Allah." On that, Abu Jahl and `Abdullah bin Abu Umaiya said, "O Abu Talib! Do you want to renounce `Abdul Muttalib's religion?" Then the Prophet said, "I will keep on asking (Allah for) forgiveness for you unless I am forbidden to do so." Then there was revealed:-- 'It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans even though they be of kin, after it has become clear to them that they are companions of the Fire.' (9.113)

A man came to the Prophet and said, "I had sexual intercourse with my wife on Ramadan (while fasting)." The Prophet asked him, "Can you afford to manumit a slave?" He replied in the negative. The Prophet asked him, "Can you fast for two successive months?" He replied in the negative. He asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. (Abu Huraira added): Then a basket full of dates was brought to the Prophet and he said (to that man), "Feed (poor people) with this by way of atonement." He said, "(Should I feed it) to poorer people than we? There is no poorer house than ours between its (Medina's) mountains." The Prophet said, "Then feed your family with it."

Whenever Allah's Apostle finished his `Asr prayer, he would enter upon his wives and stay with one of them. One day he went to Hafsa and stayed with her longer than usual.

that he passed by a group of people in front of whom there was a roasted sheep. They invited him but he refused to eat and said, "Allah's Apostle left this world without satisfying his hunger even with barley bread."

Yahya said that he heard Malik speak about a man who bought goods - animals or clothes or wares, and the sale was found not to be permitted so it was revoked and the one who had taken the goods was ordered to return the owner his goods. Malik said, "The owner of the goods only has their value on the day they were taken from him, and not on the day they are returned to him. That is because the man is liable for them from the day he took them and whatever loss is in them after that is against him. For that reason, their increase and growth are also his. A man may take the goods at a time when they are selling well and are in demand, and then have to return them at a time when they have fallen in price and no one wants them. For instance, the man may take the goods from the other man, and sell them for ten dinars or keep them while their price is that. Then he may have to return them while their price is only a dinar. He should not go off with nine dinars from the man's property. Or perhaps they are taken by the man, and he sells them for a dinar or keeps them, while their price is only a dinar, then he has to return them, and their value on the day he returns them is ten dinars. The one who took them does not have to pay nine dinars from his property to the owner. He is only obliged to pay the value of what he took possession of on the day it was taken ."

He said, "Part of what clarifies this is that when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."

When the Prophet died and Abu Bakr became his successor and some of the Arabs reverted to disbelief, `Umar said, "O Abu Bakr! How can you fight these people although Allah's Apostle said, 'I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah, 'and whoever said, 'None has the right to be worshipped but Allah', Allah will save his property and his life from me, unless (he does something for which he receives legal punishment) justly, and his account will be with Allah?' "Abu Bakr said, "By Allah! I will fight whoever differentiates between prayers and Zakat as Zakat is the right to be taken from property (according to Allah's Orders). By Allah! If they refused to pay me even a kid they used to pay to Allah's Apostle, I would fight with them for withholding it." `Umar said, "By Allah: It was nothing, but I noticed that Allah opened Abu Bakr's chest towards the decision to fight, therefore I realized that his decision was right."

Yahya related to me from Malik from Hisham ibn Urwa that his father never brought food or drink, nor even a remedy which he ate or drank but that he said, "Praise be to Allah who has guided us and fed us and given us to drink and blessed us. Allah is greater. O Allah! We have found Your blessing with every evil, give us every good in the morning and evening. We ask You for its completion and its gratitude. There is no good except Your good. There is no god other than You, the God of the salihun and the Lord of the Worlds. Praise be to Allah. There is no god but Allah. What Allah wills. There is no power except in Allah. O Allah! Bless us in what You have provided us with and protect us from the punishment of the Fire!"

Al-hamdu lillahi-lladhi hadana wa at amana wa saqana wa naamana. Allahu akbar. Allahumma'l fatna nimatik bi-kulli sharr. Fa asbahna minha wa amsayna bi-kulli khayr. Nasaluka tamamaha wa shukraha. La khayr illa khayruk. Wa la ilaha ghayruk. Ilaha'-saliheen wa rabba'l-alameen. Al-hamdu lillah. Wa la ilaha illa'llah. Ma sha'Allah. Wa la quwwata illa billah. Allahumma barik lana fima razaqtana. Waqina adhaba'n-nar.

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

(the wife of the Prophet) Allah's Apostle said, "No calamity befalls a Muslim but that Allah expiates some of his sins because of it, even though it were the prick he receives from a thorn."

On the day of Al-Khandaq (the battle of trench.) `Umar bin Al-Khattab came cursing the disbelievers of Quraish after the sun had set and said, "O Allah's Apostle I could not offer the `Asr prayer till the sun had set." The Prophet said, "By Allah! I, too, have not prayed." So we turned towards Buthan, and the Prophet performed ablution and we too performed ablution and offered the `Asr prayer after the sun had set, and then he offered the Maghrib prayer.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Rafiibn Ishaq, a mawla of the family of ash-Shifa who was known as the mawla of Abu Talha, heard Abu Ayyub al-Ansari, one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, say, while he was in Egypt, "By Allah! I don't know how to deal with these lavatories." The Messenger of Allah, may Allah bless him and grant him peace, said, "When you go to defecate or urinate, do not expose your genitals towards the qibla, and do not put your back to it."

Abdullah ibn Salamah said: I, accompanied by other two persons, one from us and the other from Banu Asad, called upon Ali. He sent them to a certain territory (on some mission) saying: You are sturdy and vigorous people; hence display your power for religion. He then stood and entered the toilet. He then came out and called for water and took a handful of it. Then he wiped (his hands) with it and began to recite the Qur'an. They were surprised at this (action).

Thereupon he said: The Messenger of Allah (saws) came out from the privy and taught us the Qur'an and took meat with us. Nothing prevented him; or the narrator said: Nothing prevented him from (reciting) the Qur'an except sexual defilement.

Yahya related to me from Malik that Abu'z Zubayr al-Makki said, "I saw Abdullah ibn Abbas doing tawaf after asr. Then he went into his room and I do not know what he did."