"A sheep died so the Messenger of Allah (saws) said to its owners: 'Why dont you remove its skin, then tan it so you can have something useful from it."

[Abu 'Eisa said:] There are narrations on this topic from Salamah bin Al-Muhabbaq, Maimunah, and 'Aishah. The Hadith of Ibn 'Abbas is Hasan Sahih. Similar to this has been reported through other routes from Ibn 'Abbas from the Prophet (saws). And it has been related from Ibn 'Abbas from Maimunah, from the Prophet (saws), and, it has been related from him from Sawdah. I heard Muhammad saying the Hadith of Ibn 'Abbas from Maimunah from the Prophet (saws) were correct. And he said: "It implies that it was reported from Ibn 'Abbas from Maimunah from the Prophet (saws), and that Ibn 'Abbas reported it from the Prophet (saws), and he did not mention Maimunah in it."

[Abu 'Eisa said:] This is acted upon according to most of the people of knowledge, and it is the view of Sufyan At-Thawri, Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq.

The Messenger of Allah (saws) would accept a present, but would not accept alms (sadaqah). And Wahb bin Baqiyyah narrated to us, elsewhere, from Khalid, from Muhammad ibn Amr said on the authority of AbuSalamah, and he did not mention the name of Abu Hurairah: The Messenger of Allah (saws) used to accept presents but not alms (sadaqah).

This version adds: So a Jewess presented him at Khaybar with a roasted sheep which she had poisoned. The Messenger of Allah (saws) ate of it and the people also ate.

He then said: Take away your hands (from the food), for it has informed me that it is poisoned. Bishr ibn al-Bara' ibn Ma'rur al-Ansari died.

So he (the Prophet) sent for the Jewess (and said to her): What motivated you to do the work you have done?

She said: If you were a prophet, it would not harm you; but if you were a king, I should rid the people of you. The Messenger of Allah (saws) then ordered regarding her and she was killed. He then said about the pain of which he died: I continued to feel pain from the morsel which I had eaten at Khaybar. This is the time when it has cut off my aorta.

Abu Dawud said: This tradition has been narrated by Ibn al-Mubarak from Fulaih who heard ‘Abbas . Sahl narrating it; but I do not remember it. I think he made the mention of ‘Isa b. ‘Abd Allah who heard ‘Abbas b. Sahl saying: I accompanied Abu Humaid al-Sa’idi.

Abu Dawud said: What is correct is that the tradition reported by Ibn ‘Umar does not go back to the Prophet (may peace beupon him). Abu Dawud said: The narrator Baqiyyah reported the first part of this tradition from ‘Ubaid Allah and traced it back to the Prophet (saws); and the narrator al-Thaqafi reported it from ‘Ubaid Allah as a statement of Ibn ‘Umar himself(not from the Porphet). In this version he said: When he stood at the end of two rak’ahs he raised them up to his breasts. And this is the correct version.

Abu Dawud said: This tradition has been transmitted as a statement of Ibn ‘Umar (and not of the Prophet) by al-Laith b. Sa’d, Malik, Ayyub, and Ibn Juraij; and this has been narrated as a statement of the Prophet (saws) by Hammad b. Salamah alone on the authority of Ayyub. Ayyub and Malik did not mention his raising of hands when he stood after two prostrations, but al-Laith mentioned it in his version. Ibn Juraij said in this version: I asked Nafi’: Did Ibn ‘Umar raise (his hands) higher for the first time? He said: No, I said: Point out to me. He then pointed to the breasts or lower than that.

Mujammi' was one of the Qur'an-reciters (qaris), and he said: We were present with the Messenger of Allah (saws) at al-Hudaybiyyah. When we returned, the people were driving their camels quickly.

The people said to one another: What is the matter with them?

They said: Revelation has come down to the Prophet (saws). We also proceeded with the people, galloping (our camels). We found the Prophet (saws) standing on his riding-animal at Kura' al-Ghamim.

When the people gathered near him, he recited: "Verily We have granted thee a manifest victory.

A man asked: Is this a victory, Messenger of Allah? He replied: Yes. By Him in Whose hands the soul of Muhammad is, this is a victory. Khaybar was divided among those who had been at al-Hudaybiyyah, and the Messenger of Allah (saws) divided it into eighteen portions. The army consisted of one thousand five hundred men, of which three hundred were cavalry, and he gave two shares to a horseman and one to a foot-soldier.

Abu Dawud said: Abu Mu'awiyah's tradition is sounder, and it is one which is followed. I think the error is in the tradition of Mujammi', because he said: "three hundred horsemen." when there were only two hundred.

The Messenger of Allah (saws) said to me: O AbuDharr. I replied: At thy service and at thy pleasure, Messenger of Allah. He then mentioned the tradition in which he said: What will you do when there the death of the people (in Medina) and a house will reach the value of a slave (that is, a grave will be sold for a slave).

I replied: Allah and His Apostle know best. Or he said: What Allah and His Apostle choose for me.

He said: You must show endurance. Or he said; you may endure. He then said to me: What will you do, AbuDharr, when you see the Ahjar az-Zayt covered with blood?

I replied: What Allah and His Apostle choose for me.

He said: You must go to those who are like-minded.

I asked: Should I not take my sword and put it on my shoulder? He replied: you would then associate yourself with the people. I then asked: What do you order me to do? You must stay at home. I asked: (What should I do) if people enter my house and find me?

He replied: If you are afraid the gleam of the sword may dazzle you, put the end of your garment over your face in order that (the one who kills you) may bear the punishment of your sins and his.

Abu Dawud said: No one mentioned al-Mush'ath in the chain of this tradition except Hammad b. Zaid.

Yahya related to me from Malik that Yahya ibn Said heard Sulayman ibn Yasar mention that a face wound in which the bone was bared was like a head wound in which the bone was bared, unless the face was scarred by the wound. Then the blood-money is increased by one half of the blood-money of the head wound in which the skin was bared so that seventy five dinars are payable for it.

Malik said, "What is done in our community is that the head wound with splinters has fifteen camels." He explained, "The head wound with splinters is that from which pieces of bone fly off and which does not reach the brain. It can be in the head or the face."

Malik said, "The generally agreed on way of doing things in our community, is that there is no retaliation for a wound to the brain or a belly wound, and Ibn Shihab has said, 'There is no retaliation for a wound to the brain.' "

Malik explained, "The wound to the brain is what pierces the bones to the brain. This type of wound only occurs in the head. It is that which reaches the brain when the bones are pierced."

Malik said, "What is done in our community is that there is no blood-money paid on any head wound less than one which lays bare the skull. Blood-money is payable only for the head wound that bares the bone and what is worse than that. That is because the Messenger of Allah, may Allah bless him and grant him peace, stopped at the head wound which bared the bone in his letter to Amr ibn Hazm. He made it five camels. The imams, past and present, have not made any blood- money payable for injuries less than the head wound which bares the bone."

This hadith has been reported on the authority of Zuhri with other chains of transmitters but with slight variations of wording.

My father died and was in debt. I suggested that his creditors take the fruits (i.e. dates) of my garden in lieu of the debt of my father, but they refused the offer, as they thought that it would not cover the full debt. So, I went to the Prophet and told him about it. He said (to me), "When you pluck the dates and collect them in the Mirbad (i.e. a place where dates are dried), call me (Allah's Apostle)." Finally he came accompanied by Abu Bakr and `Umar and sat on the dates and invoked Allah to bless them. Then he said, "Call your creditors and give them their full rights." So, I paid all my father's creditors in full and yet thirteen extra Wasqs of dates remained, seven of which were 'Ajwa and six were Laun or six of which were Ajwa and seven were Laun. I met Allah's Apostle at sunset and informed him about it. On that he smiled and said, "Go to Abu Bakr and `Umar and tell them about it." They said, "We perceived that was going to happen, as Allah's Apostle did what he did."

That he differed with Al-Hur bin Qais Al-Fazari regarding the companion of Moses. Ibn `Abbas said that he was Al-Khadir. Meanwhile Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him?" He said, "Yes, I heard Allah's Apostle saying, 'While Moses was sitting in the company of some Israelites, a man came and asked (him), 'Do you know anyone who is more learned than you?' Moses replied, 'No.' So, Allah sent the Divine Inspiration to Moses: 'Yes, Our slave, Khadir (is more learned than you).' Moses asked how to meet him (i.e. Khadir). So, the fish, was made, as a sign for him, and he was told that when the fish was lost, he should return and there he would meet him. So, Moses went on looking for the sign of the fish in the sea. The servant boy of Moses said to him, 'Do you know that when we were sitting by the side of the rock, I forgot the fish, and t was only Satan who made me forget to tell (you) about it.' Moses said, That was what we were seeking after,' and both of them returned, following their footmarks and found Khadir; and what happened further to them, is mentioned in Allah's Book."

Abu Dawud said: Shu’bah transmitted from Salamah b. Kuhail, from Ibrahim b. Suwaid, saying: from the evil of old age. He did not mention the evil of disbelief.

Abu Hurairah said: (It will atone for his sins) for three days more. he further said: One is rewarded ten times for doing a good work.

Abu Dawud said: The version narrated by Muhammad b. Salamah is perfect, and Hammad did not make a mention of the statement of Abu Hurairah.

That he differed with Al-Hurr bin Qais bin Hisn Al-Fazari about the companion of Moses, (i.e., whether he was Kha,dir or not). Ubai bin Ka`b Al-Ansari passed by them and Ibn `Abbas called him saying, 'My friend (Hur) and I have differed about Moses' Companion whom Moses asked the way to meet. Did you hear Allah's Apostle mentioning anything about him?" Ubai said, "Yes, I heard Allah's Apostle saying, "While Moses was sitting in the company of some Israelites a man came to him and asked, 'Do you know Someone who is more learned than you (Moses)?' Moses said, 'No.' So Allah sent the Divine inspiration to Moses:-- 'Yes, Our Slave Khadir is more learned than you' Moses asked Allah how to meet him ( Khadir) So Allah made the fish as a sign for him and it was said to him, 'When you lose the fish, go back (to the place where you lose it) and you will meet him.' So Moses went on looking for the sign of the fish in the sea. The boy servant of Moses (who was accompanying him) said to him, 'Do you remember (what happened) when we betook ourselves to the rock? I did indeed forget to tell you (about) the fish. None but Satan made me forget to tell you about it' (18.63) Moses said: 'That is what we have been seeking." Sa they went back retracing their footsteps. (18.64). So they both found Kadir (there) and then happened what Allah mentioned about them (in the Qur'an)!' (See 18.60- 82)

Yahya related to me from Malik from Hisham ibn Urwa from his father fromYahyaibn Abd ar-Rahman ibn Ha ib that he had set off for Mumra with Umar ibn al-Khattab in a party of riders, among whom was Amr ibn al-As. Umar ibn al-Khattab dismounted for a rest late at night on a certain road near a certain oasis. Umar had a wet dream when it was almost dawn and there was no water among the riding party. He rode until he came to some water and then he began to wash off what he saw of the semen until it had gone. Amr ibn al-As said to him, "It is morning and there are clothes with us, so allow your garment to be washed. ''Umar ibn al-Khattab said to him, "I am surprised at you, Amr ibn al-As! Even if you could find clothes, would everybody be able to find them? By Allah, if I were to do it, it would become a sunna. No, I wash what I see, and I sprinkle with water what I do not see."

Malik spoke about a man who found traces of a wet dream on his clothes and did not know when it had occurred and did not remember anything he had seen in his sleep. He said, "Let the intention of his ghusl be from the time when he last slept, and if he has prayed since that last sleep he should repeat it. This is because often a man has a wet dream and sees nothing, and often he sees something but does not have an emission. But, if he finds liquid on his garment he must do ghusl. This is because Umar repeated what he had prayed after the time he had last slept and not what was before it."

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."

That he differed with Hur bin Qais bin Hisn Al-Fazari regarding the companion of (the Prophet) Moses. Ibn `Abbas said that he was Al Khadir. Meanwhile, Ubai bin Ka`b passed by them and Ibn `Abbas called him, saying "My friend (Hur) and I have differed regarding Moses' companion, whom Moses asked the way to meet. Have you heard the Prophet mentioning something about him? He said, "Yes. I heard Allah's Apostle saying, "While Moses was sitting in the company of some Israelites, a man came and asked him. "Do you know anyone who is more learned than you? Moses replied: "No." So Allah sent the Divine Inspiration to Moses: 'Yes, Our slave Khadir (is more learned than you.)' Moses asked (Allah) how to meet him (Khadir). So Allah made the fish as a sign for him and he was told that when the fish was lost, he should return (to the place where he had lost it) and there he would meet him (Al-Khadir). So Moses went on looking for the sign of the fish in the sea. The servant-boy of Moses said to him: Do you remember when we betook ourselves to the rock, I indeed forgot the fish, none but Satan made me forget to remember it. On that Moses said: 'That is what we have been seeking? (18.64) So they went back retracing their footsteps, and found Khadir. (And) what happened further to them is narrated in the Holy Qur'an by Allah. (18.54 up to 18.82)

That he heard 'Umar bin Al-Khattab saying: "I heard the Messenger of Allah (saws) saying: 'The martyrs are four: A believing man whose faith is good, he meets the enemy and proves faithful to Allah until he is killed. That is the one to whom the people will raise up their eyes like this on the Day of Judgement' and he raised his head until his Qalansuwah fell - [he said:] I do not know if it was 'Umar's Qalansuwah or the Qalansuwah of the Prophet (saws) that fell - he said, 'And a believing man whose faith is good (but not as brave as first), he meets the enemy, but due to cowardice, it only appears that he was struck with a thorn of an acacia tree when an unexpected arrow comes to him, yet it kills him. He is among the second level. And a believing man who has mixed righteous deed with another evil one, he meets his enemy and proves faithful to Allah until he is killed. This one is in the third level. And a believing man who wasted himself (in wrongdoing), he meets the enemy and proves faithful to Allah until he is killed. This one is in the fourth level.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib, it is not known except as a narration of 'Ata bin Dinar.

He said: I heard Muhammad saying: "Sa'eed bin Abi Ayyub reported this Hadith from 'Ata bin Dinar - from some Shaikhs of Khawlan - and he did not mention 'from Abu Yazid' in it." And he said: "'Ata bin Dinar; there is no harm in him."

When it was the day of (the battle of) Hunain, I saw a Muslim man fighting with one of the pagans and another pagan was hiding himself behind the Muslim in order to kill him. So I hurried towards the pagan who was hiding behind the Muslim to kill him, and he raised his hand to hit me but I hit his hand and cut it off. That man got hold of me and pressed me so hard that I was afraid (that I would die), then he knelt down and his grip became loose and I pushed him and killed him. The Muslims (excepting the Prophet and some of his companions) started fleeing and I too, fled with them. Suddenly I met `Umar bin Al-Khattab amongst the people and I asked him, "What is wrong with the people?" He said, "It is the order of Allah" Then the people returned to Allah's Apostle (after defeating the enemy). Allah's Apostle said, "Whoever produces a proof that he has killed an infidel, will have the spoils of the killed man." So I got up to look for an evidence to prove that I had killed an infidel, but I could not find anyone to bear witness for me, so I sat down. Then it came to my mind (that I should speak of it) and I mentioned the case to Allah's Apostle. A man from the persons who were sitting with him (i.e. the Prophet), said, "The arms of the deceased one whom he ( i.e. Abu Qatada) has mentioned, are with me, so please compensate him for it (i.e. the spoils)," Abu Bakr said, "No, Allah's Apostle will not give it (i.e. the spoils) to a weak humble person from Quraish and leave one of Allah's Lions who fights on behalf of Allah and His Apostle." Allah's Apostle then got up and gave that (spoils) to me, and I bought with it, a garden which was the first property I got after embracing Islam.

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.

Abu Dawud said: This is transmitted by Hammad b. Zaid from Ayyub. This version does not mention the words "their urine." This is not correct. The words "their urine" occur only in the version reported by Anas and transmitted only by the people of Basrah.

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan to mention to him that a drunkard was brought to him who had killed a man. Muawiya wrote to him to kill him in retaliation for the dead man.

Yahya said that Malik said, "The best of what I have heard on the interpretation of this ayat, the word of Allah, the Blessed, the Exalted, 'The free man for the free man and the slave for the slave - these are men and the woman for the woman,' (Sura 2 ayat 178) is that retaliation is between women as it is between men. The free woman is killed for the free woman as the free man is killed for the free man. The slave-girl is slain for the slave-girl as the slave is slain for the slave. Retaliation is between women as it is between men. That is because Allah, the Blessed, the Exalted, said in His Book, 'We have written for them in it that it is a life for a life and an eye for an eye, a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds there is retaliation.' (Sura 5 ayat 48) Allah, the Blessed, the Exalted, mentioned that it is a life for a life. It is the life of a free woman for the life of a free man, and her injury for his injury."

Malik said about a man who held a man fast for another man to hit, and he died on the spot, "If he held him and he thought that he meant to kill him, the two of them are both killed for him. If he held him and he thought that he meant to beat him as people sometimes do, and he did not think that he meant to kill him, the murderer is slain and the one who held him is punished with a very severe punishment and jailed for a year. There is no killing against him."

Malik said about a man who murdered a man intentionally or gouged out his eye intentionally, and then was slain or had his eye gouged out himself before retaliation was inflicted on him, "There is no blood-money nor retaliation against him. The right of the one who was killed or had his eye gouged out goes when the thing which he is claiming as retaliation goes. It is the same with a man who murders another man intentionally and then the murderer dies. When the murderer dies, the one seeking blood-revenge has nothing of blood- money or anything else. That is by the word of Allah, the Blessed the Exalted, 'Retaliation is written for you in killing. The free man for the free man and the slave for the slave.' "

Malik said, "He only has retaliation against the one ...

Allah 's Apostle said, "Allah has some angels who look for those who celebrate the Praises of Allah on the roads and paths. And when they find some people celebrating the Praises of Allah, they call each other, saying, "Come to the object of your pursuit.' " He added, "Then the angels encircle them with their wings up to the sky of the world." He added. "(after those people celebrated the Praises of Allah, and the angels go back), their Lord, asks them (those angels)----though He knows better than them----'What do My slaves say?' The angels reply, 'They say: Subhan Allah, Allahu Akbar, and Alham-du-li l-lah, Allah then says 'Did they see Me?' The angels reply, 'No! By Allah, they didn't see You.' Allah says, How it would have been if they saw Me?' The angels reply, 'If they saw You, they would worship You more devoutly and celebrate Your Glory more deeply, and declare Your freedom from any resemblance to anything more often.' Allah says (to the angels), 'What do they ask Me for?' The angels reply, 'They ask You for Paradise.' Allah says (to the angels), 'Did they see it?' The angels say, 'No! By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it, they would have greater covetousness for it and would seek It with greater zeal and would have greater desire for it.' Allah says, 'From what do they seek refuge?' The angels reply, 'They seek refuge from the (Hell) Fire.' Allah says, 'Did they see it?' The angels say, 'No By Allah, O Lord! They did not see it.' Allah says, How it would have been if they saw it?' The angels say, 'If they saw it they would flee from it with the extreme fleeing and would have extreme fear from it.' Then Allah says, 'I make you witnesses that I have forgiven them."' Allah's Apostle added, "One of the angels would say, 'There was so-and-so amongst them, and he was not one of them, but he had just come for some need.' Allah would say, 'These are those people whose companions will not be reduced to misery.' "

Abu Dawud said: In this tradition which is transmitted by al-Zuhri from 'Urwah and 'Urwah on the authority of 'Aishah, al-Awza'i added: She ('Aishah) said: Umm Habibah daughter of Jahsh and wife of 'Abd al-Rahman b. 'Awf had a prolonged flow of blood for seven years. The Prophet (saws) commander her saying: When the menstruation begins, abandon prayer; when it is finished, take a bath and pray.

Abu Dawud said: None of the disciple of al-Zuhri mentioned these words except al-Awza'i, from al-Zuhri it has been narrated by 'Amr b. al-Harith, al-Laith, Yunus, Ibn Abi Dhi'b, Ma'mar, Ibrahim b. Sa'd, Sulaiman b. Kathir, Ibn Ishaq and Sufyan b. 'Uyainah, they did not narrate these words.

Abu Dawud said: These are the words of the version reported by Hisham b. 'Urwah from this father on the authority of 'Aishah.

Abu Dawud said: In this tradition Ibn 'Uyainah also added the words: He commander her to abandon prayer during her menstrual period. This is a misunderstanding on the part of Ibn 'Uyainah. The version of this tradition narrated by Muhammad b. 'Amr from al-Zuhri has the addition similar to that made by al-Awza'i in his version.

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).

The Messenger of Allah (saws) encamped at Ulat al-Jaysh and Aisha was in his company. Her necklace of onyx of Zifar was broken (and fell somewhere). The people were detained to make a search for that necklace until the dawn broke. There was no water with the people. Therefore AbuBakr became angry with her and said: You detained the people and they have no water with them.

Thereupon Allah, the Exalted, sent down revelation about it to His Apostle (saws) granting concession to purify themselves with pure earth. Then the Muslims stood up with the Messenger of Allah (saws) and struck the ground with their hands and then they raised their hands, and did not take any earth (in their hands). Then they wiped with them their faces and hands up to the shoulders, and from their palms up to the armpits.

Ibn Yahya added in his version: Ibn Shihab said in his tradition: The people do not take this (tradition) into account.

Abu Dawud said: Ibn Ishaq also reported it in a similar way. In this (version) he said on the authority of Ibn 'Abbas. He mentioned the words "two strikes" (i.e. striking the earth twice) as mentioned by Yunus. And Ma'mar also narrated on the authority of al-Zuhri "two strikes". And Malik said: From al-Zuhri from 'Ubaid Allah b. 'Abd Allah from his father on the authority of 'Ammar. Abu Uwais also reported it in a similar way on the authority of al-Zuhri. But Ibn 'Uyainah doubted it, he sometimes said: from his father, and sometimes he said: from Ibn 'Abbas. Ibn 'Uyainah was confused in it and in his hearing from al-Zuhri. No one has mentioned "two strikes" in this tradition except those whose names I have mentioned.

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”

Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”

Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”

Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and ...

Abu Dawud said: This tradition has been transmitted from al-Zuhri by Ma'mar, Malik, Ibn 'Uyainah, Shu'aib b. Abi Hamzah, and al-Laith b. Sa'd and others; but they did not mention the time in which he (the Prophet) had prayer, nor did they explain it. And similarly it has been narrated by Hisham b. 'Urwah and Habib b. Abu Mazruq from 'Urwah like the report of Ma'mar and his companions. But Habib did not make a mention of Bashir. And Wahb b. Kaisan reported on the authority of Jabir from the Prophet (saws) the time of the Maghrib prayer. He said: "Next day he (Gabriel) came to him at the time of the Maghrib prayer when the sun had already set. (He came both days) at the same time."

Abu Dawud said: Similarly, this tradition has been transmitted by Abu Hurairah from the Prophet (saws). He said: "Then he (Gabriel) led me in the sunset prayer next day at the same time."

Similarly, this tradition has been narrated through a different chain by 'Abd Allah b. 'Amr b. al-'As, through a chain from Hassan b. ...

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, ...

Allah's Apostle said, "Who is willing to kill Ka`b bin Al-Ashraf who has hurt Allah and His Apostle?" Thereupon Muhammad bin Maslama got up saying, "O Allah's Apostle! Would you like that I kill him?" The Prophet said, "Yes," Muhammad bin Maslama said, "Then allow me to say a (false) thing (i.e. to deceive Ka`b). "The Prophet said, "You may say it." Then Muhammad bin Maslama went to Ka`b and said, "That man (i.e. Muhammad demands Sadaqa (i.e. Zakat) from us, and he has troubled us, and I have come to borrow something from you." On that, Ka`b said, "By Allah, you will get tired of him!" Muhammad bin Maslama said, "Now as we have followed him, we do not want to leave him unless and until we see how his end is going to be. Now we want you to lend us a camel load or two of food." (Some difference between narrators about a camel load or two.) Ka`b said, "Yes, (I will lend you), but you should mortgage something to me." Muhammad bin Mas-lama and his companion said, "What do you want?" Ka`b replied, "Mortgage your women to me." They said, "How can we mortgage our women to you and you are the most handsome of the 'Arabs?" Ka`b said, "Then mortgage your sons to me." They said, "How can we mortgage our sons to you? Later they would be abused by the people's saying that so-and-so has been mortgaged for a camel load of food. That would cause us great disgrace, but we will mortgage our arms to you." Muhammad bin Maslama and his companion promised Ka`b that Muhammad would return to him. He came to Ka`b at night along with Ka`b's foster brother, Abu Na'ila. Ka`b invited them to come into his fort, and then he went down to them. His wife asked him, "Where are you going at this time?" Ka`b replied, "None but Muhammad bin Maslama and my (foster) brother Abu Na'ila have come." His wife said, "I hear a voice as if dropping blood is from him, Ka`b said. "They are none but my brother Muhammad bin Maslama and my foster brother Abu Naila. A generous man should respond to a call at night even if invited to be killed." Muhammad bin Maslama went with two men. (Some narrators mention the men as 'Abu bin Jabr. Al Harith bin Aus and `Abbad bin Bishr). So Muhammad bin Maslama went in together with two men, and sail to them, "When Ka`b comes, I will touch his hair and smell it, and when you see that I have got hold of his head, strip him. I will let you smell his head." Ka`b bin Al-Ashraf came down to them wrapped in his clothes, ...

Abu Dawud said: Qatadah narrated it from 'Urwah b. al-Zubair, from Zainab daughter of Umm Salamah, that Umm Habibah daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) commanded her to abandon prayer for the period of her menses. She then should take a bath, and offer prayer. Abu Dawud said: Qatadah did not hear anything from 'Urwah. ²

And Ibn 'Uyainah added in the tradition narrated by al-Zuhri from 'Umrah on the authority of 'Aishah. Umm Habibah had a prolonged flow of blood. She asked the Prophet (saws). He commanded her to abandon prayer during her menstrual period.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah. This is not found in the tradition reported by the transmitter from al-Zuhri except that mentioned by Suhail b. Abu Salih. Al-Humaidi also narrated this tradition from Ibn 'Uyainah, but he did not mention the words "she should abandon prayer during her menstrual period."¹

Qumair daughter of Masruq reported on the authority of 'Aishah: The woman who has prolonged flow of blood should abandon prayer during her menstrual period.³

'Abd al-Rahman b. al-Qasim reported on the authority of his father: The Prophet (saws) commanded her to abandon prayers equal (to the length of time) that she has her (usual) menses.²

Abu Bishr Ja'far b. Abi Wahshiyyah reported on the authority of 'Ikrimah from the Prophet (saws) saying: Umm Habibah daughter of Jahsh had a prolonged flow of blood; and he transmitted like that.¹

Sharik narrated from Abu al-Yaqzan from 'Adi b. Thabit from his father on the authority of his grandfather from the Prophet (saws): The woman suffering from a prolonged flow of blood should abandon prayer during her menstrual period ; she then should was herself and pray. ¹

Al-'Ala b. al-Musayyab reported from al-Hakam on the authority of Abu Ja'far, saying: Saudah had a prolonged flow of blood. The Prophet (saws) commanded that when he menstruation was finished, she should take bath and pray.¹

Sa'id ...