Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al Musayyab being asked about making up days missed in Ramadan, and Said said, "What I like best is for days missed in Ramadan to be made up consecutively, and not separately."

Yahya said that he had heard Malik say, about some one who made up the days he had missed in Ramadan separately, that he did not have to repeat them. (What he had done) was enough for him. It was, however, preferable, if he did them consecutively.

Malik said, "Whoever eats or drinks thoughtlessly or forgetfully in Ramadan or during any other obligatory fast that he must do, has to fast another day in its place."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes."

Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him."

Yahya related to me from Malik that Ibrahim ibn Uqba asked Said ibn al-Musayyab about suckling. Said said, "All that occurs in the first two years, even if it is only a drop, makes haram. Whatever is after two years, is only food that is eaten."

Ibrahim ibn Uqba said, ''Then I asked Urwa ibn az-Zubayr and he told me the same as what Said ibn al-Musayyab said."

Malik said that he heard that Said ibn al-Musayyab, when asked about pre-emption and whether there was a sunna in it, said, "Yes. Pre-emption is in houses and land, and it is only between partners."

Yahya related to me from Malik from Yahya ibn Said that he heard someone ask Said ibn al-Musayyab about washing off excreta with water. Said said, "That is the way women wash."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab was asked, "What do you say about someone who is afflicted by a nose-bleed which does not stop? "Malik said that Yahya ibn Said said that Said ibn al Musayyab said, "I say that he should signal with his head." (i.e. instead of doing sajda or ruku.)

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

I heard Allah's Apostle saying "From among my followers, a group (o 70,000) will enter Paradise without being asked for their accounts, Their faces will be shining like the moon." 'Ukasha bin Muhsin Al-Asadi got up, lifting his covering sheet and said, "O Allah's Apostle Invoke Allah for me that He may include me with them." The Prophet said! "O Allah! Make him from them." Then another man from Al-Ansar got up and said, "O Allah's Apostle! Invoke Allah for me that He may include me with them." On that Allah's Apostle said, "'Ukasha has anticipated you."

Once the Prophet, while passing through one of the graveyards of Medina or Mecca heard the voices of two persons who were being tortured in their graves. The Prophet said, "These two persons are being tortured not for a major sin (to avoid)." The Prophet then added, "Yes! (they are being tortured for a major sin). Indeed, one of them never saved himself from being soiled with his urine while the other used to go about with calumnies (to make enmity between friends). The Prophet then asked for a green leaf of a date-palm tree, broke it into two pieces and put one on each grave. On being asked why he had done so, he replied, "I hope that their torture might be lessened, till these get dried."

Yahya related to me from Malik that he had heard that a man sneezed on the day of jumua while the imam was giving the khutba, and a man by his side asked Allah to bless him. Said ibn al Musayyab was asked about it and he forbade the man to do what he had done and said, "Don't do it again."

Umar said to him: The Ka'bah does not need your property. Make atonement for your oath and speak to your brother. I heard the Messenger of Allah (saws) say: An oath or vow to disobey the Lord, or to break ties of relationship or about something over which one has no control is not binding on you.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked about a man who divorced when he was drunk. They said, "When a drunk man divorces, his divorce is allowed. If he kills, he is killed for it."

Malik said, "That is what is done among us."

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

Abu Dawud said: This tradition according to us is false.

Abu Dawud said: Sa'id b. al-Musayyab used to hoard kernel, fodder, and seeds.

Abu Dawud said: I heard Ahmad b. Yunus say: I asked Sufyan about hoarding fodder. He replied: They (the people in the past) disapproved of hoarding. I asked Abu Bakr b. 'Ayyash (about it). He replied: Hoard it.

Malik related to me that Ibn Shihab said, "I asked Said ibn al- Musayyab about renting land for gold or silver, and he said, 'There is no harm in it.' "

Yahya related to me from Malik from Ata al-Khurasani that he heard Said ibn al Musayyab say, "A traveller who has decided to remain somewhere for four nights does the prayer in full."

Malik said, "That is what I prefer most out of what I have heard."

Malik when asked about the prayer of a prisoner, said, "It is the same as the prayer of a person who remains in one place, except if he is travelling."

Yahya related to me from Malik that Abdullah ibn Dinar said, "I asked Said ibn al-Musayyab about zakat on work-horses, and he said, 'Is there any zakat on horses ?' "

Yahya related to me from Malik from Yahya ibn Sa'id that he heard Said ibn al Musayyab say, about the girdle worn by some one in ihram under his clothes, "There is no harm in it if he ties the ends together as a belt."

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

Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life pension and what people said about it. Al- Qasim ibn Muhammad said, "I have only come upon people who keep to the conditions they make about their property and what they are given."

Yahya said that he heard Malik say, "What is done in our community is that the life pension reverts to the one who makes it a life pension unless he says, 'It belongs to you and your posterity.' "

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, "Is this thing in my land? I adjure you, you must tell me." Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan. If he does not bring four witnesses, then let him be completely handed over," (to the relatives of the murdered man).

Yahya related to me from Malik that Sadaqa ibn Yasar said, "I asked Said ibn al-Musayyab about wearing a ring. He said, 'Wear it, and tell people that I gave you that decision.' "

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab say, "When people in military expeditions divided the spoils, they made a camel equal to ten sheep."

Malik said about the paid labourer in military expeditions, "If he is present at the battle and is with the people in the battle and he is a free man, he has his share. If he is not present, he has no share."

Malik summed up, "I think that the booty is only divided among free men who have been present at the battle. "

From Maimunah that a mouse fell in some cooking fat and died. So the Prophet (saws) was asked about that and he said: "Remove it (the mouse) and what was around it and then eat it (the fat)."

He said: There are something on this topic from Abu Hurairah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been related from Az-Zuhri, from 'Ubaidullah, from Ibn 'Abbas, saying: "The Prophet (saws) as asked" and they did not mention Maimunah in it. The narration of Ibn 'Abbas from Maimunah is more correct. Ma'mar reported similar from Az-Zuhri, from Sa'eed bin Al-Musayyab, from Abu Hurairah, from the Prophet (saws). But this hadith is not preserved. He said: I heard Muhammad bin Isma'il saying: "The Hadith of Ma'mar from Az-Zuhri, from Sa'eed bin al-Musayyab, from Abu Hurairah, from the Prophet (saws)" - and he mentioned in it: 'That he was asked about it, so he said: "When it (the coking fat) is solid then remove it (the mouse) and what was around it. And when it is liquid then do not use it.'" This is a mistake. Ma'mar made a mistake with it. And he said: What is correct is the narration of Az-Zuhri from 'Ubaidullah, from Ibn 'Abbas, and Maimunah.

I heard Allah's Apostle saying, "While I was sleeping, I saw (in a dream) the people being displayed before me, wearing shirts, some of which (were so short that it) reached as far as their breasts and some reached below that. Then `Umar bin Al-Khattab was shown to me and he was wearing a shirt which he was dragging (behind him)." They asked. What have you interpreted (about the dream)? O Allah's Apostle?" He said, "The religion."

A man asked the Prophet about the picking up of a "Luqata" (fallen lost thing). The Prophet replied, "Recognize and remember its tying material and its container, and make public announcement (about it) for one year, then utilize it but give it to its owner if he comes." Then the person asked about the lost camel. On that, the Prophet got angry and his cheeks or his Face became red and he said, "You have no concern with it as it has its water container, and its feet and it will reach water, and eat (the leaves) of trees till its owner finds it." The man then asked about the lost sheep. The Prophet replied, "It is either for you, for your brother (another person) or for the wolf."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab, Salim ibn Abdullah and Sulayman ibn Yasar were asked about whether someone in ihram could get married, and they said, "Some one in ihram may neither get married nor give some one in marriage."

Malik said that a man who was in ihram could return to his wife if he wanted to, if she was still in her idda after she had been divorced from him.

I asked Aba Salama bin `Abdur-Rahman about the first Sura revealed of the Qur'an. He replied "O you, wrapped-up (i.e. Al Muddaththir)." I said, "They say it was, 'Read, in the Name of your Lord Who created,' (i.e. Surat Al-`Alaq (the Clot)." On that, Abu Salama said, "I asked Jabir bin `Abdullah about that, saying the same as you have said, whereupon he said, 'I will not tell you except what Allah's Apostle had told us. Allah's Apostle said, "I was in seclusion in the cave of Hiram', and after I completed the limited period of my seclusion. I came down (from the cave) and heard a voice calling me. I looked to my right, but saw nothing. Then I looked up and saw something. So I went to Khadija (the Prophet's wife) and told her to wrap me up and pour cold water on me. So they wrapped me up and poured cold water on me." Then, 'O you, (Muhammad) wrapped up! Arise and warn,' (Surat Al Muddaththir) was revealed." (74.1)

A bedouin went to the Prophet and asked him about picking up a lost thing. The Prophet said, "Make public announcement about it for one year. Remember the description of its container and the string with which it is tied; and if somebody comes and claims it and describes it correctly, (give it to him); otherwise, utilize it." He said, "O Allah's Apostle! What about a lost sheep?" The Prophet said, "It is for you, for your brother (i.e. its owner), or for the wolf." He further asked, "What about a lost camel?" On that the face of the Prophet became red (with anger) and said, "You have nothing to do with it, as it has its feet, its water reserve and can reach places of water and drink, and eat trees."

Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."

Malik added, "I continue to hear the same."

Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."

Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."

Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"

A partner of mine sold some Dirhams on credit in the market. I said, "Glorified be Allah! Is this legal?" He replied, "Glorified be Allah! By Allah, when I sold them in the market, nobody objected to it." Then I asked Al-Bara' bin `Azib (about it) he said, "We used to make such a transaction when the Prophet came to Medina. So he said, 'There is no harm in it if it is done from hand to hand, but it is not allowed on credit.' Go to Zaid bin Al- Arqam and ask him about it for he was the greatest trader of all of us." So I asked Zaid bin Al-Arqam., and he said the same (as Al-Bara) did."

A man came and asked Allah's Apostle about picking a lost thing. The Prophet said, "Remember the description of its container and the string it is tied with, and make public announcement about it for one year. If the owner shows up, give it to him; otherwise, do whatever you like with it." He then asked, "What about a lost sheep?" The Prophet said, "It is for you, for your brother (i.e. its owner), or for the wolf." He further asked, "What about a lost camel?" The Prophet said, "It is none of your concern. It has its water-container (reservoir) and its feet, and it will reach water and drink it and eat the trees till its owner finds it."

Yahya related to me from Malik from Ibn Shihab that al-Qasim ibn Muhammad said that he had heard a man asking ibn Abbas about booty. Ibn Abbas said, "Horses are part of the booty and personal effects are as well."

Then the man repeated his question, and Ibn Abbas repeated his answer. Then the man said, "What are the spoils which He, the Blessed, the Exalted, mentioned in His Book?" He kept on asking until Ibn Abbas was on the verge of being annoyed, then Ibn Abbas said, "Do you know who this man is like? Ibn Sabigh, who was beaten by Umar ibn al-Khattab because he was notorious for asking foolish questions."

Yahya said that Malik was asked whether someone who killed one of the enemy could keep the man's effects without the permission of the Imam. He said, "No one can do that without the permission of the Imam. Only the Imam can make ijtihad. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever said, 'Whoever kills someone can have his effects,' on any other day than the day of Hunayn."

3

Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, "Yes, when repentance (tawba) appears from him."

Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman ibn Yasar said.

Malik said, "That is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, 'And those who accuse women who are muhsan, and then do not bring four witnesses, flog them with eighty lashes, and do not accept any testimony of theirs ever. They indeed are evil-doers, save those who turn in tawba after that and make amends. Allah is Forgiving, Merciful.' " (Sura 24 ayat 4).

Once the Prophet went through the grave-yards of Medina and heard the voices of two humans who were being tortured in their graves. The Prophet said, "They are being punished, but they are not being punished because of a major sin, yet their sins are great. One of them used not to save himself from (being soiled with) the urine, and the other used to go about with calumnies (Namima)." Then the Prophet asked for a green palm tree leaf and split it into two pieces and placed one piece on each grave, saying, "I hope that their punishment may be abated as long as these pieces of the leaf are not dried."

While Ibn `Umar was performing the Tawaf (around the Ka`ba), a man came up to him and said, "O Abu `AbdurRahman!" or said, "O Ibn `Umar! Did you hear anything from the Prophet about An35 Najwa?" Ibn `Umar said, "I heard the Prophet saying, 'The Believer will be brought near his Lord." (Hisham, a sub-narrator said, reporting the Prophet's words), "The believer will come near (his Lord) till his Lord covers him with His screen and makes him confess his sins. (Allah will ask him), 'Do you know (that you did) 'such-and-such sin?" He will say twice, 'Yes, I do.' Then Allah will say, 'I concealed it in the world and I forgive it for you today.' Then the record of his good deeds will be folded up. As for the others, or the disbelievers, it will be announced publicly before the witnesses: 'These are ones who lied against their Lord."

One night Allah's Apostle came to me and Fatima, the daughter of the Prophet and asked, "Won't you pray (at night)?" I said, "O Allah's Apostle! Our souls are in the hands of Allah and if He wants us to get up He will make us get up." When I said that, he left us without saying anything and I heard that he was hitting his thigh and saying, "But man is more quarrelsome than anything." (18.54)

A man came to Allah's Apostle and asked about Al-Luqata (a fallen thing). The Prophet said, "Recognize its container and its tying material and then make a public announcement about it for one year and if its owner shows up, give it to him; otherwise use it as you like." The man said, "What about a lost sheep?" The Prophet said, "It is for you, your brother or the wolf." The man said "What about a lost camel?" The Prophet said, "Why should you take it as it has got its water-container (its stomach) and its hooves and it can reach the places of water and can eat the trees till its owner finds it?"

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Said ibn al-Musayyab said, "Her husband is obliged to pay it." Someone asked, "what if her husband does not have it?" He said, "Then she must pay it." Someone asked, "And if she does not have it?" He said, "Then the Amir must pay it."

I was with the Prophet at one of the farms of Medina while he was leaning on a date palm leaf-stalk. He passed by a group of Jews and some of them said to the other, Ask him (the Prophet) about the spirit. Some others said, "Do not ask him, lest he should tell you what you dislike" But they went up to him and said, "O Abal Qasim! Inform us bout the spirit." The Prophet stood up for a while, waiting. I realized that he was being Divinely Inspired, so I kept away from him till the inspiration was over. Then the Prophet said, "(O Muhammad) they ask you regarding the spirit, Say: The spirit its knowledge is with my Lord (i.e., nobody has its knowledge except Allah)" (17.85) (This is a miracle of the Qur'an that all the scientists up till now do not know about the spirit, i.e, how life comes to a body and how it goes away at its death) (See Hadith No. 245, Vol. 6)