Allah's Apostle (p.b.u.h) said, "A man said that he would give something in charity. He went out with his object of charity and unknowingly gave it to a thief. Next morning the people said that he had given his object of charity to a thief. (On hearing that) he said, "O Allah! All the praises are for you. I will give alms again." And so he again went out with his alms and (unknowingly) gave it to an adulteress. Next morning the people said that he had given his alms to an adulteress last night. The man said, "O Allah! All the praises are for you. (I gave my alms) to an adulteress. I will give alms again." So he went out with his alms again and (unknowingly) gave it to a rich person. (The people) next morning said that he had given his alms to a wealthy person. He said, "O Allah! All the praises are for you. (I had given alms) to a thief, to an adulteress and to a wealthy man." Then someone came and said to him, "The alms which you gave to the thief, might make him abstain from stealing, and that given to the adulteress might make her abstain from illegal sexual intercourse (adultery), and that given to the wealthy man might make him take a lesson from it and spend his wealth which Allah has given him, in Allah's cause."

The Prophet (saws) said: In the morning alms are due from every bone in man's fingers and toes. Salutation to everyone he meets is alms; enjoining good is alms; forbidding what is disreputable is alms; removing what is harmful from the road is alms; having sexual intercourse with his wife is alms. The people asked: He fulfils his desire, Messenger of Allah; is it alms? He replied: Tell me if he fulfilled his desire where he had no right, would he commit a sin ? He then said: Two rak'ahs which one prays in the forenoon serve instead of all that.

Abu Dawud said: Hammad did not mention enjoining good and forbidding what is disreputable.

I asked Ibn `Umar, "Can a person who has performed the Tawaf around the Ka`ba for `Umra but has not performed the (Sa`i) Tawaf of Safa and Marwa, have a sexual relation with his wife?" Ibn `Umar replied "When the Prophet reached Mecca he performed the Tawaf around the Ka`ba (circumambulated it seven times) and offered a two-rak`at prayer (at the place) behind the station (of Abraham) and then performed the Tawaf (Sa`i) of Safa and Marwa, and verily in Allah's Apostle you have a good example." Then we put the same question to Jabir bin `Abdullah and he too replied, "He should not go near his wife (for sexual relation) till he has finished the Tawaf of Safa and Marwa."

The Prophet (p.b.u.h) said, "Whoever intentionally swears falsely by a religion other than Islam, then he is what he has said, (e.g. if he says, 'If such thing is not true then I am a Jew,' he is really a Jew). And whoever commits suicide with piece of iron will be punished with the same piece of iron in the Hell Fire." Narrated Jundab the Prophet said, "A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him."

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Allah's Apostle said, "A person is considered in prayer as long as he is waiting for the prayer in the mosque as long as he does not do Hadath." A non-Arab man asked, "O Abu Huraira! What is Hadath?" I replied, "It is the passing of wind (from the anus) (that is one of the types of Hadath).

`Aisha, the wife of the Prophet told her that once Allah's Apostle was with her and she heard somebody asking permission to enter Hafsa's house. She said, "O Allah's Apostle! This man is asking permission to enter your house." Allah's Apostle replied, "I think he is so-and-so (meaning the foster uncle of Hafsa). What is rendered illegal because of blood relations, is also rendered illegal because of the corresponding foster-relations."

He (Abu Dawud) said : The version of this tradition reported by Bishr has the chain: Humaid reported from Bakr.

Allah's Apostle said, "The prayer of a person who does Hadath (passes urine, stool or wind) is not accepted till he performs the ablution." A person from Hadaramout asked Abu Huraira, "What is 'Hadath'?" Abu Huraira replied, " 'Hadath' means the passing of wind."

When we conquered Khaibar, we gained neither gold nor silver as booty, but we gained cows, camels, goods and gardens. Then we departed with Allah's Apostle to the valley of Al-Qira, and at that time Allah's Apostle had a slave called Mid`am who had been presented to him by one of Banu Ad-Dibbab. While the slave was dismounting the saddle of Allah's Apostle an arrow the thrower of which was unknown, came and hit him. The people said, "Congratulations to him for the martyrdom." Allah's Apostle said, "No, by Him in Whose Hand my soul is, the sheet (of cloth) which he had taken (illegally) on the day of Khaibar from the booty before the distribution of the booty, has become a flame of Fire burning him." On hearing that, a man brought one or two leather straps of shoes to the Prophet and said, "These are things I took (illegally)." On that Allah's Apostle said, "This is a strap, or these are two straps of Fire."

Allah's Apostle said, "Allah said, 'All the deeds of Adam's sons (people) are for them, except fasting which is for Me, and I will give the reward for it.' Fasting is a shield or protection from the fire and from committing sins. If one of you is fasting, he should avoid sexual relation with his wife and quarreling, and if somebody should fight or quarrel with him, he should say, 'I am fasting.' By Him in Whose Hands my soul is' The unpleasant smell coming out from the mouth of a fasting person is better in the sight of Allah than the smell of musk. There are two pleasures for the fasting person, one at the time of breaking his fast, and the other at the time when he will meet his Lord; then he will be pleased because of his fasting."

A man committed fornication with a woman. So the Messenger of Allah (saws) ordered regarding him and the prescribed punishment of flogging was inflicted on him. He was then informed that he was married. So he commanded regarding him and he was stoned to death.

Abu Dawud said: This tradition has been transmitted by Muhammad b. Bakr al-Barsani from Ibn Juraij as a statement of Jabir, and Abu 'Asim has transmitted it from Ibn Juraid similar to that of Ibn Wahb. He did not mention the Prophet (saws). But he said: A man committed fornication, but did not know that he was married ; so he was flogged. It was then known that he was married, so he was stoned to death.

Allah's Apostle said, "None has more sense of ghaira than Allah, and for this He has forbidden shameful sins whether committed openly or secretly, and none loves to be praised more than Allah does, and this is why He Praises Himself."

I asked Ibn `Umar, "(What is the verdict if) a man accuses his wife of illegal sexual intercourse?" Ibn `Umar said, "The Prophet separated (by divorce) the couple of Bani Al-Ajlan, and said, (to them), 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. He again said, 'Allah knows that one of you two is a liar; so will one of you repent?' But both of them refused. So he separated them by divorce." (Aiyub, a sub-narrator said: `Amr bin Dinar said to me, "There is something else in this Hadith which you have not mentioned. It goes thus: The man said, 'What about my money (i.e. the Mahr that I have given to my wife)?' It was said, 'You have no right to restore any money, for if you have spoken the truth (as regards the accusation), you have also consummated your marriage with her; and if you have told a lie, you are less rightful to have your money back.' ")

The Prophet (saws) said: If anyone repeats in the morning: "So glory be to Allah in the evening and in the morning; to Him is the praise in the heavens and the earth, and in the late evening and at noon....thus shall you be brought forth, " he will get that day what he has missed; and if anyone repeats these words in the evening he will get that night what he has missed. Ar-Rabi' transmitted it from al-Layth.

'Urwa has narrated it on the authority of 'A'isha that when Allah's Messenger (may peace be upon him) took a bath because of sexual intercourse, he first washed his hands before dipping one of them into the basin, and then performed ablu- tion as is done for prayer.

The Messenger of Allah (saws) would be overtaken by the dawn when he was in a state of sexual defilement. The narrator 'Abd Allah al-Adhrami said in his version: During Ramadan, due to sexual intercourse and no owing to a dream (i.e. nocturnal emission), and would fast.

Abu Dawud said: How brief is this sentence uttered by the narrator, this is, "he was overtaken by daw when he was in the state of sexual defilement"? The tradition says: The Prophet (saws) was overtaken by dawn in the state of sexual defilement when he was fasting.

Allah's Apostle said, "Whoever could get one rak`a (of the Fajr prayer) before sunrise, he has got the (morning) prayer and whoever could get one rak`a of the `Asr prayer before sunset, he has got the (`Asr) prayer."

Hilal bin Umaiya accused his wife of committing illegal sexual intercourse with Sharik bin Sahma' and filed the case before the Prophet. The Prophet said (to Hilal), "Either you bring forth a proof (four witnesses) or you will receive the legal punishment (lashes) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw a man over his wife, would he go to seek after witnesses?" The Prophet kept on saying, "Either you bring forth the witnesses or you will receive the legal punishment (lashes) on your back." Hilal then said, "By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment." Then Gabriel came down and revealed to him:-- 'As for those who accuse their wives...' (24.6-9) The Prophet recited it till he reached: '... (her accuser) is telling the truth.' Then the Prophet left and sent for the woman, and Hilal went (and brought) her and then took the oaths (confirming the claim). The Prophet was saying, "Allah knows that one of you is a liar, so will any of you repent?" Then the woman got up and took the oaths and when she was going to take the fifth one, the people stopped her and said, "It (the fifth oath) will definitely bring Allah's curse on you (if you are guilty)." So she hesitated and recoiled (from taking the oath) so much that we thought that she would withdraw her denial. But then she said, "I will not dishonor my family all through these days," and carried on (the process of taking oaths). The Prophet then said, "Watch her; if she delivers a black-eyed child with big hips and fat shins then it is Sharik bin Sahma's child." Later she delivered a child of that description. So the Prophet said, "If the case was not settled by Allah's Law, I would punish her severely."

Yahya related to me from Malik that Abu'z-Zubayr al-Makki said, "I saw the House deserted both after subh and asr, with no-one doing tawaf."

Malik said, "If someone does some of his circuits and then the subh or asr prayer is begun, he should pray with the imam and then complete the rest of his circuits but should not pray at all until the sun has either risen or set "

He added, "There is no harm in delaying the two rakas until after he has prayed maghrib."

Malik said, "There is no harm in someone doing a single tawaf after subh or after asr, not to do more than one group of seven circuits, and then as long as he delays the two rakas until after the sun has risen, as Umar ibn al-Khattab did, or he delays them until after the sun has set if it is after asr. Then when the sun has set he can pray them if he wants, or, if he wants, he can delay them until after he has prayed maghrib. There is no harm in that."

I twisted the garlands for the Hadis of the Prophet and then he marked and garlanded them (or I garlanded them) and then made them proceed to the Ka`ba but he remained in Medina and no permissible thing was regarded as illegal for him then .

Yahya related to me from Malik that he had heard Rabia ibn Abi Abd ar-Rahman saying the same about that as what Ikrama related from Ibn Abbas.

Malik said, "That is what I like most out of what I have heard about the matter."

Malik was asked about a man who forgot the tawaf al-ifada until he had left Makka and returned to his community and he said, "I think that he should go back and do the tawaf al-ifada, as long as he has not had sexual relations with women. If, however, he has had sexual relations with women, then he should not only return and do the tawaf al-ifada, but he should also do an umra and sacrifice an animal. He should not buy theanimal in Makka and sacrifice it there, but if he has not brought one with him from wherever it was he set out to do umra, he should buy one in Makka and then take it outside the limits of the Haram and drive it from there to Makka and sacrifice it there."

Abu Musa reported Allah's Messenger (may peace be upon him) as saying that Allah, the Exalted and Glorious, Stretches out His Hand during the night so that the people may repent for the fault committed from dawn till dusk and He stretches out His Hand during the day so that the people may repent for the fault committed from dusk to dawn. (He would accept repentance) before the sun rises in the west (before the Day of Resurrection). A hadith like this has been narrated on the authority of Shu'ba with the same chain of transmitters.

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

[He said:] There are narrations on this topic from Ibn 'Umar and Anas.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

Um Sulaim came to Allah's Apostle and said, "O Allah's Apostle! Verily, Allah does not feel shy to tell the truth. If a woman gets a nocturnal sexual discharge (has a wet dream), is it essential for her to take a bath? He replied, "Yes if she notices a discharge."

The Prophet said, "A time will come when one will not care how one gains one's money, legally or illegally."

Allah's Apostle regarded illegal the price of a dog, the earnings of a prostitute, and the charges taken by a soothsayer.

I asked al-Bara' ibn Azib: What should be avoided in sacrificial animals? He said: The Messenger of Allah (saws) stood among us, and my fingers are smaller than his fingers, and my fingertips are smaller than his fingertips. He said (pointing with his fingers): Four (types of animals) should be avoided in sacrifice: A One-eyed animal which has obviously lost the sight of one eye, a sick animal which is obviously sick, a lame animal which obviously limps and an animal with a broken leg with no marrow. I also detest an animal which has defective teeth. He said: Leave what you detest, but do not make it illegal for anyone.

Abu Dawud said: (By a lean animal mean) and animal which has no marrow.

When the last Verses of Surat al- Baqara were revealed, the Prophet recited them in the mosque and proclaimed the trade of alcohol as illegal.

I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Messenger of Allah (saws).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

Abu Dawud said: 'Alqamah was a Murji'i.

Ibn Abbas said: A lunatic woman who had committed adultery was brought to Umar. He consulted the people and ordered that she should be stoned.

Ali ibn AbuTalib passed by and said: What is the matter with this (woman)? They said: This is a lunatic woman belonging to a certain family. She has committed adultery. Umar has given orders that she should be stoned.

He said: Take her back. He then came to him and said: Commander of the Faithful, do you not know that there are three people whose actions are not recorded: a lunatic till he is restored to reason, a sleeper till he awakes, and a boy till he reaches puberty?

He said: Yes. He then asked: Why is it that this woman is being stoned?

He said: There is nothing. He then said: Let her go. He (Umar) let her go and began to utter: Allah is most great.

Yahya related to me from Malik that he had heard that Salim ibn Abdullah and Sulayman ibn Yasar were asked whether the husband of a menstruating woman could have sexual intercourse with her when she saw that she was pure but before she had had a ghusl. They said, "No, not until she has had a ghusl."

The Prophet was asked about the great sins He said, "They are:-- (1 ) To join others in worship with Allah, (2) To be undutiful to one's parents. (3) To kill a person (which Allah has forbidden to kill) (i.e. to commit the crime of murdering). (4) And to give a false witness."

Abu Dawud said: This tradition has been transmitted through another chain of narrators.

Allah's Apostle said, "May Allah curse the Jews, because Allah made fat illegal for them but they sold it and ate its price. "