Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abdullah ibn Abbas was asked about people kissing while fasting and he said that he allowed it for old men but disapproved of it for young men.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

If a man who is not married is seized committing sodomy, he will be stoned to death.

Abu Dawud said: The tradition of 'Asim proved the tradition of 'Amir b. Abi 'Amr as weak.

The Messenger of Allah (saws) commanded to estimate vines (for collecting zakat) as palm-trees are estimated. The zakat is to be paid in raisins as the zakat on palm trees is paid in dried dates.

The people of the tribes of Ril, Dhakwan, 'Usiya and Bani Lihyan came to the Prophet and claimed that they had embraced Islam, and they requested him to support them with some men to fight their own people. The Prophet supported them with seventy men from the Ansar whom we used to call Al-Qurra'(i.e. Scholars) who (out of piety) used to cut wood during the day and pray all the night. So, those people took the (seventy) men till they reached a place called Bi'r-Ma'ana where they betrayed and martyred them. So, the Prophet invoked evil on the tribe of Ril, Dhakwan and Bani Lihyan for one month in the prayer.

Narrated Qatada: Anas told us that they (i.e. Muslims) used to recite a Quranic Verse concerning those martyrs which was:-- "O Allah! Let our people be informed on our behalf that we have met our Lord Who has got pleased with us and made us pleased." Then the Verse was cancelled.

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

Kill all the snakes except the little white one which looks like a silver wand.

Abu Dawud said: A man said to me: A white snake does not wind in its movement. If it is correct, that is a sign in it, if Allah wills.

Malik related to me that he heard that Isa ibn Maryam used to say, "Do not speak much without the mention of Allah for you will harden your hearts. A hard heart is far from Allah, but you do not know. Do not look at the wrong actions of people as if you were lords. Look at your wrong actions as if you were slaves. Some people are afflicted by wrong action and some people are protected from it. Be merciful to the people of affliction and praise Allah for His protection."

I was present with the Messenger of Allah at the battle of Hunayn. We travelled on a hot day when the heat was extreme. We halted under the shade of a tree. When the sun passed the meridian, I put on my coat of mail and rode on my horse. I came to the Messenger of Allah (saws) who was in a tent.

I said: Peace, Allah's mercy and His blessings be upon you! The time of departure has come.

He said: Yes. He then said: Rise, Bilal. He jumped out from beneath a gum-acacia tree and its shade was like that of a bird.

He said: I am at your service and at your pleasure, and I make myself a sacrifice for you.

He said: Put the saddle on the horse for me. He then took out a saddle, both sides of which were stuffed with palm-leaves; it showed no arrogance and pride. So he rode and we also rode. He then mentioned the rest of the tradition.

Abu Dawud said: Abu 'Abd al-Rahman al-Fihri did not transmit any tradition except this one. This is a tradition of an expert transmitted by Hammad b. Salamah.

Anas said, "The Qur'an was collected in the lifetime of the Prophet by four (men), all of whom were from the Ansar: Ubai, Mu`adh bin Jabal, Abu Zaid and Zaid bin Thabit." I asked Anas, "Who is Abu Zaid?" He said, "One of my uncles."

Hajjaj reported from Hammam and Shaqiq narrated a similar tradition to us from ‘Asim b. Kulaib on the authority of his father from the Prophet(saws).

And another version narrated by one of them has-and I think in all probability that this version has been narrated by Muhammad b. Juhadah-when he got up (after prostration), he got up with his knees and gave his weight on his thighs.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say "Allah is greater" whenever he threw a pebble while stoning the jamra.

The Messenger of Allah (saws) forbade to sell spoils of war till they are appointed, and to sell palm trees till they are safe from every blight, and a man praying without tying belt.

The Prophet said in his narration of a dream that he saw, "He whose head was being crushed with a stone was one who learnt the Qur'an but never acted on it, and slept ignoring the compulsory prayers."

[Al-Bukhari and Muslim]. This is Al-Bukhari's version.

In Muslim's version "'that Allah's Apostle (ﷺ) called for a container of water so he was given a vessel that had some water.' Anas said 'Then I started looking at the water spouting from his fingers. Then I estimated (the persons) and they were between seventy and eighty.'"

Allah's Apostle said, "Inform me of a tree which resembles a Muslim, giving its fruits at every season by the permission of its Lord, and the leaves of which do not fall." I thought of the date-palm tree, but I disliked to speak because Abu Bakr and `Umar were present there. When nobody spoke, the Prophet said, "It is the date-palm tree" When I came out with my father, I said, "O father! It came to my mind that it was the date-palm tree." He said, "What prevented you from saying it?" Had you said it, it would have been more dearer to me than such-and-such a thing (fortune)." I said, "Nothing prevented me but the fact that neither you nor Abu Bakr spoke, so I disliked to speak (in your presence).

Malik related to me that Yahya ibn Said heard Said ibn al- Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta- ala, we would have written it, "The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"

Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "

Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "

By Allah except Whom none has the right to- be worshipped, (sometimes) I used to lay (sleep) on the ground on my liver (abdomen) because of hunger, and (sometimes) I used to bind a stone over my belly because of hunger. One day I sat by the way from where they (the Prophet and his companions) used to come out. When Abu Bakr passed by, I asked him about a Verse from Allah's Book and I asked him only that he might satisfy my hunger, but he passed by and did not do so. Then `Umar passed by me and I asked him about a Verse from Allah's Book, and I asked him only that he might satisfy my hunger, but he passed by without doing so. Finally Abu-l-Qasim (the Prophet ) passed by me and he smiled when he saw me, for he knew what was in my heart and on my face. He said, "O Aba Hirr (Abu Huraira)!" I replied, "Labbaik, O Allah's Apostle!" He said to me, "Follow me." He left and I followed him. Then he entered the house and I asked permission to enter and was admitted. He found milk in a bowl and said, "From where is this milk?" They said, "It has been presented to you by such-and-such man (or by such and such woman)." He said, "O Aba Hirr!" I said, "Labbaik, O Allah's Apostle!" He said, "Go and call the people of Suffa to me." These people of Suffa were the guests of Islam who had no families, nor money, nor anybody to depend upon, and whenever an object of charity was brought to the Prophet, he would send it to them and would not take anything from it, and whenever any present was given to him, he used to send some for them and take some of it for himself. The order of the Prophet upset me, and I said to myself, "How will this little milk be enough for the people of As- Suffa? though I was more entitled to drink from that milk in order to strengthen myself", but behold! The Prophet came to order me to give that milk to them. I wondered what will remain of that milk for me, but anyway, I could not but obey Allah and His Apostle so I went to the people of As-Suffa and called them, and they came and asked the Prophet's permission to enter. They were admitted and took their seats in the house. The Prophet said, "O Aba-Hirr!" I said, "Labbaik, O Allah's Apostle!" He said, "Take it and give it to them." So I took the bowl (of milk) and started giving it to one man who would drink his fill and return it to me, whereupon I would give it to another man who, in his turn, would drink his fill and return it to me, and I would then offer it to another man who would drink his fill and return it to me. Finally, after the whole group had drunk their fill, I reached the Prophet who took the bowl and put it on his hand, looked at me and smiled and said. "O Aba Hirr!" I replied, "Labbaik, O Allah's Apostle!" He said, "There remain you and I." I said, "You have said the truth, O Allah's Apostle!" He said, "Sit down and drink." I sat down and drank. He said, "Drink," and I drank. He kept on telling me repeatedly to drink, till I said, "No. by Allah Who sent you with the Truth, I have no space for it (in my stomach)." He said, "Hand it over to me." When I gave him the bowl, he praised Allah and pronounced Allah's Name on it and drank the remaining milk.

On the day when Mecca was conquered, the Messenger of Allah (saws) gave protection to the People except four men and two women and he named them. Ibn AbuSarh was one of them.

He then narrated the tradition. He said: Ibn AbuSarh hid himself with Uthman ibn Affan. When the Messenger of Allah (saws) called the people to take the oath of allegiance, he brought him and made him stand before the Messenger of Allah (saws). He said: Messenger of Allah, receive the oath of allegiance from him. He raised his head and looked at him thrice, denying him every time. After the third time he received his oath. He then turned to his Companions and said: Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him? They replied: We do not know, Messenger of Allah, what lies in your heart; did you not give us an hint with your eye? He said: It is not proper for a Prophet to have a treacherous eye.

Abu Dawud said: 'Abd Allah (b. Abi Sarh) was the foster brother of 'Uthman, and Walid b. 'Uqbah was his brother by mother, and 'Uthman inflicted on him hadd punishment when he drank wine.

that he had heard Hudhaifa saying, "Once I was sitting with `Umar and he said, 'Who amongst you remembers the statement of Allah's Apostle about the afflictions?' I said, 'I know it as the Prophet had said it.' `Umar said, 'No doubt you are bold.' I said, 'The afflictions caused for a man by his wife, money, children and neighbor are expiated by his prayers, fasting, charity and by enjoining (what is good) and forbidding (what is evil).' `Umar said, 'I did not mean that but I asked about that affliction which will spread like the waves of the sea.' I (Hudhaifa) said, 'O leader of the faithful believers! You need not be afraid of it as there is a closed door between you and it.' `Umar asked, Will the door be broken or opened?' I replied, 'It will be broken.' `Umar said, 'Then it will never be closed again.' I was asked whether `Umar knew that door. I replied that he knew it as one knows that there will be night before the tomorrow morning. I narrated a Hadith that was free from any misstatement" The subnarrator added that they deputized Masruq to ask Hudhaifa (about the door). Hudhaifa said, "The door was `Umar himself."

From Abu Musa who said: "I saw the Messenger of Allah (saws) eating chicken meat."

He said: The Hadith has more statements that this. And this Hadith is Hasan Sahih. Ayyub As-Sakhtiyani also reported this Hadith from Al-Qasim At-Tamimi, and, from Abu Qilabah, from Zahdam Al-Jarmi.

We came to Jabir ibn Abdullah who was sitting in his mosque. He said: The Messenger of Allah (saws) came to us in this mosque and he had a twig of date-palm of the kind of Ibn Tab. He looked and saw phlegm on the wall towards qiblah. He turned to it and scraped it with the twig.

He then said: Who of you likes that Allah turns His face from him? He further said: When any of you stands for praying, Allah faces him. So he should not spit before him, nor on his right side. He should spit on his left side under his left foot. If he is in a hurry (i.e. forced to spit immediately), he should do with his cloth in this manner. He then placed the cloth on his mouth and rubbed it off.

He then said: Bring perfume. A young man of the tribe stood and hurried to his house and returned with perfume in his palm. The Messenger of Allah (saws) took it and put it at the end of the twig. He then stained the mark of phlegm with it.

Jabir said: This is the reason you use perfume in your mosques.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "There was an eclipse of the sun in the time of the Messenger of Allah, may Allah bless him and grant him peace, and the Messenger of Allah, may Allah bless him and grant him peace, led the people in prayer. He stood, and did so for a long time. Then he went into ruku, and made the ruku long. Then he stood again, and did so for a long time, though not as long as the first time. Then he went into ruku, and made the ruku long, though not as long as thefirst time. Then he rose, and went down into sajda. He then did the same in the second raka, and by the time he had finished the sun had appeared. He then gave a khutba to the people, in which he praised Allah and then said, 'The sun and the moon are two of Allah's signs. They do not eclipse for anyone's death nor for anyone's life. When you see an eclipse, call on Allah and say, "Allah is greater" and give sadaqa.' Then he said, 'O community of Muhammad! ByAllah, there is no-one more jealous than Allah of a male or female slave of his who commits adultery. O community of Muhammad! By Allah, if you knew what I knew, you would laugh little and weep much'."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was twenty awsuq from his property at al-Ghaba. When he was dying, he said, 'By Allah, little daughter, there is no one I would prefer to be wealthy after I die than you. There is no one it is more difficult for me to see poor after I die than you. I gave you palm-trees whose produce is twenty awsuq. Had you cut them and taken possession of them, they would have been yours, but today they are the property of the heirs, and they are your two brothers and your two sisters, so divide it according to the Book of Allah.' A'isha continued, "I said, 'My father! By Allah, even if it had been more, I would have left it. There is only Asma. Who is my other sister?" Abu Bakr replied, 'What is in the womb of Kharija? (Kharija was the wife of Abu Bakr's 'brother' from the Ansar.) I think that it is going to be a girl.' "

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah from Busr ibn Said that Zayd ibn Khalid al-Juhani sent him to Abu Juhaym to ask him what he had heard from the Messenger of Allah, may Allah bless him and grant him peace, about passing in front of someone praying. Abu Juhaym said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'If the one who passes in front of a man praying knew what he was bringing upon himself it would be better for him to stop for forty than to pass in front of him.' "

Abu'n-Nadr said, "I do not know whether he said forty days or months or years."

So the narration is weak whether Marfu' [reaching back to the Prophet (SAW)] or Mawquf (saying of a Companion).

The Prophet (saws) said: Kill the old men who are polytheists, but spare their children.

Allah's Apostle said, "The example of the person who knows the Qur'an by heart is like the owner of tied camels. If he keeps them tied, he will control them, but if he releases them, they will run away."

From Al-Bara' bin 'Azib who said: "A man said to us: 'Did you flee from the Messenger of Allah (saws) O Abu 'Umarah ?'" He said: "No, By Allah! I did not flee from the Messenger of Allah (saws), but som hasty people fled and (the tribe of) Hawazin assaulted them with arrows. The Messenger of Allah (Saws) was on his white muls, and Abu Sufyan bin Al-Harith bin 'Abdul Muttalib was holding its reigns. The Messenger of Allah (saws) was saying: 'I am the Prophet without lie, I am the son of 'Abdul-Muttalib.'"

[Abu 'Eisa said:] There are narrations on this topic from 'Ali, and Ibn 'Umar.

Once a tumbler (full of milk or water) was brought to Allah's Apostle who drank from it, while on his right side there was sitting a boy who was the youngest of those who were present, and on his left side there were old men. The Prophet asked, "O boy ! Do you allow me to give (the drink) to the elder people (first)?" The boy said, "I will not prefer anybody to have my share from you, O Allah's Apostle!" So, he gave it to the boy.