Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

I never prayed behind any Imam a prayer lighter and more perfect than that behind the Prophet and he used to cut short the prayer whenever he heard the cries of a child lest he should put the child's mother to trial.

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take ...

that he saw a man throwing stones with two fingers (at something) and said to him, "Do not throw stones, for Allah's Apostle has forbidden throwing stones, or he used to dislike it." `Abdullah added: Throwing stones will neither hunt the game, nor kill (or hurt) an enemy, but it may break a tooth or gouge out an eye." Afterwards `Abdullah once again saw the man throwing stones. He said to him, "I tell you that Allah's Apostle has forbidden or disliked the throwing the stones (in such a way), yet you are throwing stones! I shall not talk to you for such-and-such a period."

Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing itikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here is that there is no disapproval of anyone doing itikaf in a mosque where jumua is held. The only reason I see for disapproving of doing itikaf in a mosque where jumua is not held is that the man doing itikaf would have to leave the mosque where he was doing itikaf in order to go to jumua, or else not go there at all. If, however, he is doing itikaf in a mosque where jumua is not held, and he does not have to go to jumua in any other mosque, then I see no harm in him doing itikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing itikaf in mosques,' and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissiblefor a man to do itikaf in a mosque where jumua is not held if he does not have to leave it to go to a mosque where jumua is held."

Malik said, "A person doing itikaf should spend the night only in the mosque where he is doing itikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing itikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that he must spend the night in the mosque is the saying of A'isha, 'When the Messenger of Allah, may Allah bless him and grant him peace, was doing itikaf, he would only go into the house to relieve himself.' Nor should he do itikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do itikaf should enter the place where he wishes to do itikaf before the sun sets on the night when he wishes to begin his itikaf, so that he is ready to begin the itikaf at the beginning of the night when he is going to start his itikaf. A person doing itikaf should be occupied with his itikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if some one doing itikaf tells some one to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, ...

The Prophet said, "A Muhrim should not wear a shirt, a turban, trousers, hooded cloaks, a garment touched with (perfumes) of saffron or wars, or Khuffs (socks made from thick fabric or leather) except if one has no sandals in which case he should cut short the Khuffs below the ankles."

Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, "Tell them." She was embarrassed. He said, "It is alright, and I do it myself."

Malik said, "A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else's slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission."

My father had died in debt. So I came to the Prophet and said, "My father (died) leaving unpaid debts, and I have nothing except the yield of his date palms; and their yield for many years will not cover his debts. So please come with me, so that the creditors may not misbehave with me." The Prophet went round one of the heaps of dates and invoked (Allah), and then did the same with another heap and sat on it and said, "Measure (for them)." He paid them their rights and what remained was as much as had been paid to them.

(one of them said more than his friend): The Prophet set out in the company of more than onethousand of his companions in the year of Al-Hudaibiya, and when he reached Dhul-Hulaifa, he garlanded his Hadi (i.e. sacrificing animal), assumed the state of Ihram for `Umra from that place and sent a spy of his from Khuzaa'ah (tribe). The Prophet proceeded on till he reached (a village called) Ghadir-al-Ashtat. There his spy came and said, "The Quraish (infidels) have collected a great number of people against you, and they have collected against you the Ethiopians, and they will fight with you, and will stop you from entering the Ka`ba and prevent you." The Prophet said, "O people! Give me your opinion. Do you recommend that I should destroy the families and offspring of those who want to stop us from the Ka`ba? If they should come to us (for peace) then Allah will destroy a spy from the pagans, or otherwise we will leave them in a miserable state." On that Abu Bakr said, "O Allah Apostle! You have come with the intention of visiting this House (i.e. Ka`ba) and you do not want to kill or fight anybody. So proceed to it, and whoever should stop us from it, we will fight him." On that the Prophet said, "Proceed on, in the Name of Allah !"

Yahya related to me from Malik from Nafi that Abdullah ibn Umar would say, "A man should not have intercourse with a slave girl except one whom, if he wished, he could sell, if he wished, he could give away, if he wished, he could keep, if he wished, he could do with her what he wanted ."

Malik said that a man who bought a slave- girl on condition that he did not sell her, give her away, or do something of that nature, was not to have intercourse with her. That was because he was not permitted to sell her or to give her away, so if he did not own that from her, he did not have complete ownership of her because an exception had been made concerning her by the hand of someone else. If that sort of condition entered into it, it was a messy situation, and the sale was not recommended.

We entered upon Ibn `Abbas and he said "Are you not astonished at Ibn Az-Zubair's assuming the caliphate?" I said (to myself), "I will support him and speak of his good traits as I did not do even for Abu Bakr and `Umar though they were more entitled to receive al I good than he was." I said "He (i.e Ibn Az-Zubair) is the son of the aunt of the Prophet and the son of AzZubair, and the grandson of Abu Bakr and the son of Khadija's brother, and the son of `Aisha's sister." Nevertheless, he considers himself to be superior to me and does not want me to be one of his friends. So I said, "I never expected that he would refuse my offer to support him, and I don't think he intends to do me any good, therefore, if my cousins should inevitably be my rulers, it will be better for me to be ruled by them than by some others."

Yahya related to me from Malik from Yahya ibn Said from Abu Salih as-Samman from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Had I not been concerned for my community, I would have liked never to stay behind a raiding party going out in the way of Allah. However, I do not find the means to carry them to it, nor do they find anything on which to ride out and it is grievous for them that they should stay behind me. I would like to fight in the way of Allah and be killed, then brought to life so I could be killed and then brought to life so I could be killed."

Abu Hurairah said : I saw the Messenger of Allah (May peace be upon him) reciting this verse and putting his fingers. Ibn Yunus said that al-Muqri said. “Allah hears and sees” means that Allah has the power of hearing and seeing.

Abu Dawud said: This is a refutation of the Jahmiyyah.

We alighted with the Prophet (saws) at Khaybar, and he had his companions with him. The chief of Khaybar was a defiant and abominable man.

He came to the Prophet (saws) and said: Is it proper for you, Muhammad, that you slaughter our donkeys, eat our fruit, and beat our women?

The Prophet (saws) became angry and said: Ibn Awf, ride your horse, and call loudly: Beware, Paradise is lawful only for a believer, and that they (the people) should gather for prayer.

They gathered and the Prophet (saws) led them in prayer, stood up and said: Does any of you, while reclining on his couch, imagine that Allah has prohibited only that which is to be found in this Qur'an? By Allah, I have preached, commanded and prohibited various matters as numerous as that which is found in the Qur'an, or more numerous. Allah has not permitted you to enter the houses of the people of the Book without permission, or beat their women, or eat their fruits when they give you that which is imposed on them.

When it was the day of Al-Ahzab (i.e. the clans) and Allah's Apostle dug the trench, I saw him carrying earth out of the trench till dust made the skin of his `Abdomen out of my sight and he was a hairy man. I heard him reciting the poetic verses composed by Ibn Rawaha while he was carrying the earth, "O Allah! Without You we would not have been guided, nor would we have given in charity, nor would we have prayed. So, (O Allah), please send Sakina (i.e. calmness) upon us and make our feet firm if we meet the enemy, as they have rebelled against us. And if they intend affliction (i.e. want to frighten us, and fight against us) then we would not (flee but withstand them)." The Prophet would then prolong his voice at the last words.

A man got up and said, O Allah's Apostle! What do you order us to wear when we assume the state of Ihram?" The Prophet replied, "Do not wear shirts, trousers, turbans, hooded cloaks or Khuffs (socks made from thick fabric or leather), but if a man has no sandals, he can wear Khuffs after cutting them short below the ankles; and do not wear clothes touched with (perfumes) of saffron or wars."

(who fought in twelve Ghazawat in the company of the Prophet). I heard four things from the Prophet and they won my admiration. He said; -1. "No lady should travel on a journey of two days except with her husband or a Dhi-Mahram; -2. "No fasting is permissible on the two days of Id-ul-Fitr and `Id-ul-Adha; -3. "No prayer (may be offered) after the morning compulsory prayer until the sun rises; and no prayer after the `Asr prayer till the sun sets; -4. "One should travel only for visiting three Masjid (Mosques): Masjid-al-Haram (Mecca), Masjid-al- Aqsa (Jerusalem), and this (my) Mosque (at Medina).

The Prophet (saws) said: There must be no shouting or leading another horse at one's side. Yahya added in his tradition: When racing for a wager.

Allah's Apostle said, "There are three persons whom Allah will neither talk to nor look at, nor purify from (the sins), and they will have a painful punishment. (They are): (1) A man possessed superfluous water on a way and he withheld it from the travelers. (2) a man who gives a pledge of allegiance to a Muslim ruler and gives it only for worldly gains. If the ruler gives him what he wants, he remains obedient to It, otherwise he does not abide by it, and (3) a man bargains with another man after the `Asr prayer and the latter takes a false oath in the Name of Allah) claiming that he has been offered so much for the thing and the former (believes him and) buys it."

The Prophet (saws) said: I have told you so much about the Dajjal (Antichrist) that I am afraid you may not understand. The Antichrist is short, hen-toed, woolly-haired, one-eyed, an eye-sightless, and neither protruding nor deep-seated. If you are confused about him, know that your Lord is not one-eyed.

Abu Dawud said: 'Amr bin Al-Aswad was appointed a judge.

Once `Umar bin Al-Khattab said, said, "Who amongst you remembers the statement of Allah's Apostle regarding the afflictions?" Hudhaifa replied, "I remember what he said exactly." `Umar said. "Tell (us), you are really a daring man!'' Hudhaifa said, "Allah's Apostle said, 'A man's afflictions (i.e. wrong deeds) concerning his relation to his family, his property and his neighbors are expiated by his prayers, giving in charity and enjoining what is good and forbidding what is evil.' " `Umar said, "I don't mean these afflictions but the afflictions that will be heaving up and down like waves of the sea." Hudhaifa replied, "O chief of the believers! You need not fear those (afflictions) as there is a closed door between you and them." `Umar asked, "Will that door be opened or broken?" Hudhaifa replied, "No, it will be broken." `Umar said, "Then it is very likely that the door will not be closed again." Later on the people asked Hudhaifa, "Did `Umar know what that door meant?" He said. "Yes, `Umar knew it as everyone knows that there will be night before the tomorrow morning. I narrated to `Umar an authentic narration, not lies." We dared not ask Hudhaifa; therefore we requested Masruq who asked him, "What does the door stand for?" He said, "`Umar."

I saw Abu Dhar Al-Ghifari wearing a cloak, and his slave, too, was wearing a cloak. We asked him about that (i.e. how both were wearing similar cloaks). He replied, "Once I abused a man and he complained of me to the Prophet . The Prophet asked me, 'Did you abuse him by slighting his mother?' He added, 'Your slaves are your brethren upon whom Allah has given you authority. So, if one has one's brethren under one's control, one should feed them with the like of what one eats and clothe them with the like of what one wears. You should not overburden them with what they cannot bear, and if you do so, help them (in their hard job).

Abu Dawud said: Ibn Numair transmitted it from al-A'mash in a similar way.

The Prophet said that Gabriel said, "Here is Khadija coming to you with a dish of food or a tumbler containing something to drink. Convey to her a greeting from her Lord (Allah) and give her the glad tidings that she will have a palace in Paradise built of Qasab wherein there will be neither any noise nor any fatigue (trouble)." (See Hadith No. 168, Vol. 5)

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

I heard Anas bin Malik saying, "On a Friday a person entered the main Mosque through the gate facing the pulpit while Allah's Apostle was delivering the Khutba. The man stood in front of Allah's Apostle and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off; so please pray to Allah for rain.' " Anas added, "Allah's Apostle (p.b.u.h) raised both his hands and said, 'O Allah! Bless us with rain! O Allah! Bless us with rain! O Allah! Bless us with rain!' " Anas added, "By Allah, we could not see any trace of cloud in the sky and there was no building or a house between us and (the mountains of) Sila." Anas added, "A heavy cloud like a shield appeared from behind it (i.e. Sila' Mountain). When it came in the middle of the sky, it spread and then rained." Anas further said, "By Allah! We could not see the sun for a week. Next Friday a person entered through the same gate and at that time Allah's Apostle was delivering the Friday's Khutba. The man stood in front of him and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off, please pray to Allah to withhold rain.' " Anas added, "Allah's Apostle I raised both his hands and said, 'O Allah! Round about us and not on us. O Allah! On the plateaus, on the mountains, on the hills, in the valleys and on the places where trees grow.' So the rain stopped and we came out walking in the sun." Sharik asked Anas whether it was the same person who had asked for the rain (the last Friday). Anas replied that he did not know.

The Messenger of Allah (saws) concluded peace with the people of Najran on condition that they would pay to Muslims two thousand suits of garments, half of Safar, and the rest in Rajab, and they would lend (Muslims) thirty coats of mail, thirty horses, thirty camels, and thirty weapons of each type used in battle. Muslims will stand surely for them until they return them in case there is any plot or treachery in the Yemen. No church of theirs will be demolished and no clergyman of theirs will be turned out. There will be no interruption in their religion until they bring something new or take usury. Isma'il said: They took usury.

Abu Dawud said: If they violate any provision of the treaty, they will be deemed as bringing something new.

We were sitting in the company of Hudhaifa who asked for water and a Magian brought him water. But when he placed the cup in his hand, he threw it at him and said, "Had I not forbidden him to do so more than once or twice?" He wanted to say, "I would not have done so," adding, "but I heard the Prophet saying, "Do not wear silk or Dibaja, and do not drink in silver or golden vessels, and do not eat in plates of such metals, for such things are for the unbelievers in this worldly life and for us in the Hereafter."

The Prophet said, "A virgin should not be married till she is asked for her consent; and the matron should not be married till she is asked whether she agrees to marry or not." It was asked, "O Allah's Apostle! How will she (the virgin) express her consent?" He said, "By keeping silent." Some people said that if a virgin is not asked for her consent and she is not married, and then a man, by playing a trick presents two false witnesses that he has married her with her consent and the judge confirms his marriage as a true one, and the husband knows that the witnesses were false ones, then there is no harm for him to consummate his marriage with her and the marriage is regarded as valid.

No doubt, the Prophet mortgaged his armor for barley grams. Once I took barley bread with some dissolved fat on it to the Prophet and I heard him saying, "The household of Muhammad did not possess except a Sa (of food grain, barley, etc.) for both the morning and the evening meals although they were nine houses."

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to shorten the prayer when he travelled a distance equivalent to that between Makka and Ta'if, and that between Makka and Usfan and that between Makka and Jedda.

Malik said, "That is four mail-stages, and to me that is the most preferable distance for shortening the prayer."

Malik said, "Someone who intends to travel does not shorten the prayer until he has left the houses of the village. And he does not do it in full until he comes to the first houses of the village, or is nearby."