That the Prophet (saws) said: "Whoever purchased an animal that has not been milked, then he the choice when he milks it, if he wishes he may return it, returning a Sa' of dried dates along with it."

[Abu 'Eisa said:] There are narration on this topic from Anas, and a man from the Companions of the Prophet (saws).

The Prophet (saws) commanded to apply collyrium mixed with musk at the time of sleep. He said: A man who is fasting should abstain from it.

Abu Dawud said: Yahya b. Ma'in said to me: This tradition about the use of collyrium is munkar (i.e. contradicts the sound traditions on the subject).

Malik said, "The best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured, he surrenders him. The master does not have to do more than surrender his slave."

Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said, "If any of them does an injury involving blood-money, he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay, they are confirmed in their kitaba. If they do not pay, and they are incapable then their master has an option. If he wishes, he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes, he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused."

Malik said, "The way of doing things about which there is no dispute among us, is that when a mukatab is injured in some way which entails blood-money or one of the mukatab's children who is written with him in the kitaba is injured, their blood-money is the blood-money of slaves of their value, and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury."

Malik said, "The explanation of that is say, for example, he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams, he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba, the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed, with a hand cut off, or crippled in body. His master only wrote his kitaba against his property and earnings, and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba, or their kitaba is written, to the master and he takes it into account for him at the end of his kitaba."

Malik said, "When a mukatab sets his own slaves free, it is only permitted for a mukatab to set his own slaves free with the consent of his master. If his master gives his consent and the mukatab sets his slave free, his wala' goes to the mukatab . If the mukatab then dies before he has been set free himself, the wala' of the freed slave goes to the master of the mukatab. If the freed one dies before the mukatab has been set free, the master of the mukatab inherits from him."

Malik said, "It is like that also when a mukatab gives his slave a kitaba and his mukatab is set free before he is himself. The wala' goes to the master of the mukatab as long as he is not free. If this one who wrote the kitaba is set free, then the wala' of his mukatab who was freed before him reverts to him. If the first mukatab dies before he pays, or he cannot pay his kitaba and he has free children, they do not inherit the wala' of their father's mukatab because the wala' has not been established for their father and he does not have the wala' until he is free."

Malik spoke about a mukatab who was shared between two men and one of them forewent what the mukatab owed him and the other insisted on his due. Then the mukatab died and left property.

Malik said, "The one who did not abandon any of what he was owed, is paid in full. Then the property is divided between them both just as if a slave had died because what the first one did was not setting him free. He only abandoned a debt that was owed to him ."

Malik said, "One clarification of that is that when a man dies and leaves a mukatab and he also leaves male and female children and one of the children frees his portion of the mukatab, that does not establish any of the wala' for him. Had it been a true setting free, the wala' would have been established for whichever men and women freed him."

Malik said, "Another clarification of that is that if one of them freed his portion and then the mukatab could not pay, the value of what was left of the mukatab would be altered because of the one who freed his portion. Had it been a true setting-free, his estimated value would have been taken from the property of the one who set free until he had been set completely free as the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever frees his share in a slave and has money to cover the full price of the slave, justly evaluated for him, gives his partners their shares. If not, he frees of him what he frees.' " (See Book 37 hadith 1).

He said, "Another clarification of that is that part of the sunna of the muslims in which there is no dispute, is that whoever frees his share of a mukatab, the mukatab is not set fully free using his property. Had he been truly set free, the wala' would have been his alone rather than his partners. Part of what will clarify that also is that part of the sunna of the muslims is that the wala' belongs to whoever writes the contract of kitaba. The women who inherit from the master of the mukatab do not have any of the wala' of the mukatab. If they free any of their share, the wala' belongs to the male children of the master of the mukatab or his male paternal relations."

'Uwaimir came to `Asim bin `Adi who was the chief of Bani Ajlan and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e. the husband), or what should he do? Please ask Allah's Apostle about this matter on my behalf." `Asim then went to the Prophet and said, "O Allah's Apostle! (And asked him that question) but Allah's Apostle disliked the question," When 'Uwaimir asked `Asim (about the Prophet's answer) `Asim replied that Allah's Apostle disliked such questions and considered it shameful. "Uwaimir then said, "By Allah, I will not give up asking unless I ask Allah's Apostle about it." Uwaimir came (to the Prophet ) and said, "O Allah's Apostle! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Qisas) or what should he do?" Allah's Apostle said, "Allah has revealed regarding you and your wife's case in the Qur'an "So Allah's Apostle ordered them to perform the measures of Mula'ana according to what Allah had mentioned in His Book. So 'Uwaimir did Mula'ana with her and said, "O Allah's Apostle! If I kept her I would oppress her." So 'Uwaimir divorced her and so divorce became a tradition after them for those who happened to be involved in a case of Mula'ana. Allah's Apostle then said, "Look! If she (Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahra then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allah's Apostle had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.

That the Prophet sent his uncle, the brother of Um Sulaim at the head of seventy riders. The chief of the pagans, 'Amir bin at-Tufail proposed three suggestions (to the Prophet ) saying, "Choose one of three alternatives: (1) that the bedouins will be under your command and the townspeople will be under my command; (2) or that I will be your successor, (3) or otherwise I will attack you with two thousand from Bani Ghatafan." But 'Amir was infected with plague in the House of Um so-and-so. He said, "Shall I stay in the house of a lady from the family of so-and-so after having a (swelled) gland like that she-camel? Get me my horse." So he died on the back of his horse. Then Haram, the brother of Um Sulaim and a lame man along with another man from so-and-so (tribe) went towards the pagans (i.e. the tribe of 'Amir). Haram said (to his companions), "Stay near to me, for I will go to them. If they (i.e. infidels) should give me protection, you will be near to me, and if they should kill me, then you should go back to your companions. Then Haram went to them and said, "Will you give me protection so as to convey the message of Allah's Apostle ?" So, he started talking to them' but they signalled to a man (to kill him) and he went behind him and stabbed him (with a spear). He (i.e. Haram) said, "Allahu Akbar! I have succeeded, by the Lord of the Ka`ba!" The companion of Haram was pursued by the infidels, and then they (i.e. Haram's companions) were all killed except the lame man who was at the top of a mountain. Then Allah revealed to us a verse that was among the cancelled ones later on. It was: 'We have met our Lord and He is pleased with us and has made us pleased.' (After this event) the Prophet invoked evil on the infidels every morning for 30 days. He invoked evil upon the (tribes of) Ril, Dhakwan, Bani Lihyan and Usaiya who disobeyed Allah and His Apostle.

Abu Dawud said: Sulaiman b. Musa has narrated this tradition about the time of the Maghrib prayer from Musa from 'Ata on the authority of Jabir from the Prophet (saws). This version adds: He then offered the Isha prayer when a third of the night had passed, as narrated (he said the Isha prayer) when half the night had passed.

This tradition has been transmitted by Ibn Buraidah on the authority of his father from the Prophet (saws) in a similar way.

I was a Christian Bedouin; then I embraced Islam. I came to a man of my tribe, who was called Hudhaym ibn Thurmulah. I said to him. O brother, I am eager to wage war in the cause of Allah (i.e. jihad), and I find that both hajj and umrah are due from me. How can I combine them?

He said: Combine them and sacrifice the animal made easily available for you. I, therefore, raised my voice in talbiyah for both of them (i.e. umrah and hajj). When I reached al-Udhayb, Salman ibn Rabi'ah and Zayd ibn Suhan met me while I was raising my voice in talbiyah for both of them.

One of them said to the other: This (man) does not have any more understanding than his camel. Thereupon it was as if a mountain fell on me.

I came to Umar ibn al-Khattab (may Allah be pleased with him) and said to him: Commander of the Faithful, I was a Christian Bedouin, and I have embraced Islam. I am eager to wage war in the cause of Allah (jihad), and I found that both hajj and umrah were due from me. I came to a man of my tribe who said to me: Combine both of them and sacrifice the animal easily available for you. I have raised my voice in talbiyah for both of them.

Umar thereupon said to me: You have been guided to the practice (sunnah) of your Prophet) (saws).

I saw the Messenger of Allah (saws) on the morning of the conquest of Mecca when I was a young boy. He was walking among the people, seeking the camp of Khalid ibn al-Walid. A man who had drunk wine was brought (before him) and he ordered them (to beat him). So they beat him with what they had in their hands. Some struck him with whips, some with sticks and some with sandals. The Messenger of Allah (saws) threw some dust on his face.

When a man who had drunk wine was brought before AbuBakr, he asked them (i.e. the people) about the number of beatings which they gave him. They numbered it forty. So AbuBakr gave him forty lashes.

When Umar came to power, Khalid ibn al-Walid wrote to him: The people have become addicted to drinking wine and they look down upon the prescribed punishment and its penalty.

He said: They are with you, ask them. The immigrants who embraced Islam in the beginning were with him. He asked them and they agreed on the fact that (a drunkard) should be given eighty lashes.

Ali said: When a man drinks wine, he tells lies. I, therefore, think that he should be prescribed punishment that is prescribed for telling lies..

Abu Dawud said: 'Uqail b. Khalid included in the chain of this tradition: "Abd Allah b. Abd al-Rahman b. al-Azhar from his father" between al-Zuhri and Ibn al-Azhar.

Malik spoke about what was done among them in the case of a group of people who bought goods, drapery or slaves, and a man heard about it and said to one of the group, "I have heard the description and situation of the drapery goods you bought from so-and-so. Shall I give you such-and-such profit to take over your portion?" This person agreed, and the man gave him the profit and became a partner in his place. When he looked at the purchase, he saw that it was ugly and found it too expensive.

Malik said, "It is obliged on him and there is no choice in it for him if he bought it according to a list of contents and the description was well-known."

Malik spoke about a man who had drapery goods sent to him, and salesmen came to him and he read to them his list of contents and said, "In each bag is such-and-such a wrap from Basra and such-and-such a light wrap from Sabir. Their size is such-and-such," and he named to them types of drapery goods by their sort, and he said, "Buy them from me according to this description." They bought the bags according to what he described to them, and then they bought them and found them too expensive and regretted it. Malik said, "The sale is binding on them, if the goods agree with the list of contents on which he sold them."

Malik said, "This is the way of doing things which people still use today. They permit the sale among them when the goods agree with the list of contents and are not different from it. "

Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.

"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.

"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."

Yahya related to me from Malik that Said ibn Abd ar-Rahman ibn Ruqash said, "I saw Anas ibn Malik come and squat and urinate.Then water was brought and he did wudu. He washed his face, then his arms to the elbows, and then he wiped his head and wiped over his leather socks. Then he came to the mosque and prayed."

Yahya said that Malik was asked whether a man who did wudu for prayerand then put on his leather socks, and then urinated and took them off and put them back on again, should begin wudu afresh.

Malik replied, "He should take off his socks and wash his feet. Only someone who puts on leather socks when his feet are (already) ritually purified by wudu can wipe over them. Someone who puts on leather socks when his feet are not ritually purified by wudu, should not wipe over them."

Yahya said that Malik was asked about a man who did wudu with his leather socks on and forgot to wipe over them until the water was dry and he had prayed, and he said, "He should wipe over his socks and repeat the prayer but not repeat wudu."

Malik was asked about a man who washed his feet and put on his leather socks and then started doing wudu, and he said, "He should take off his socks and do wudu and wash his feet."

In the year of the Conquest of Mecca, the tribe of Khuza`a killed a man from the tribe of Bani Laith in revenge for a killed person, belonging to them. They informed the Prophet about it. So he rode his Rahila (she-camel for riding) and addressed the people saying, "Allah held back the killing from Mecca. (The sub-narrator is in doubt whether the Prophet said "elephant or killing," as the Arabic words standing for these words have great similarity in shape), but He (Allah) let His Apostle and the believers over power the infidels of Mecca. Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day. No doubt it is at this moment a sanctuary, it is not allowed to uproot its thorny shrubs or to uproot its trees or to pick up its Luqat (fallen things) except by a person who will look for its owner (announce it publicly). And if somebody is killed, then his closest relative has the right to choose one of the two-- the blood money (Diyya) or retaliation having the killer killed. In the meantime a man from Yemen came and said, "O Allah's Apostle! Get that written for me." The Prophet ordered his companions to write that for him. Then a man from Quraish said, "Except Al-Idhkhir (a type of grass that has good smell) O Allah's Apostle, as we use it in our houses and graves." The Prophet said, "Except Al-Idhkhir i.e. Al-Idhkhir is allowed to be plucked."

When Abu Musa arrived (at Kufa as a governor) he honored this family of Jarm (by paying them a visit). I was sitting near to him, and he was eating chicken as his lunch, and there was a man sitting amongst the people. Abu Musa invited the man to the lunch, but the latter said, "I saw chickens (eating something (dirty) so I consider them unclean." Abu Musa said, "Come on! I saw the Prophet eating it (i.e. chicken)." The man said "I have taken an oath that I will not ea (chicken)" Abu Musa said." Come on! I will tell you about your oath. We, a group of Al-Ash`ariyin people went to the Prophet and asked him to give us something to ride, but the Prophet refused. Then we asked him for the second time to give us something to ride, but the Prophet took an oath that he would not give us anything to ride. After a while, some camels of booty were brought to the Prophet and he ordered that five camels be given to us. When we took those camels we said, "We have made the Prophet forget his oath, and we will not be successful after that." So I went to the Prophet and said, "O Allah' Apostle ! You took an oath that you would not give us anything to ride, but you have given us." He said, "Yes, for if I take an oath and later I see a better solution than that, I act on the later (and gave the expiation of that oaths"

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

I went to al-Hirah and saw them (the people) prostrating themselves before a satrap of theirs, so I said: The Messenger of Allah (saws) has most right to have prostration made before him. When I came to the Prophet (saws), I said: I went to al-Hirah and saw them prostrating themselves before a satrap of theirs, but you have most right, Messenger of Allah, to have (people) prostrating themselves before you. He said: Tell me , if you were to pass my grave, would you prostrate yourself before it? I said: No. He then said: Do not do so. If I were to command anyone to make prostration before another I would command women to prostrate themselves before their husbands, because of the special right over them given to husbands by Allah.

The Messenger of Allah (saws) said: An oath or a vow about something over which a human being has no control, and to disobey Allah, and to break ties of relationship is not binding. If anyone takes an oath and then considers something else better than it, he should give it up, and do what is better, for leaving it is its atonement.

Abu Dawud said: All sound traditions from the Prophet (saws) say: "He should make atonement for his oath," except those versions which are not reliable.

Abu Dawud said: I said to Ahmad: Yahya b. Sa'id (al-Qattan) has transmitted this tradition from Yahya b. 'Ubaid Allah. He (Ahmad b. Hanbal) said: But he gave it up after that, and he was competent for doing it. Ahmad said: His (Yahya b. 'Ubaid Allah's) tradition are munkar (rejected) and his father is not known.

Yahya related to me from Malik that he had heard from Amir ibn Sad ibn Abi Waqqas that his father said, "There were two brothers, one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Wasn't the other one a muslim?' They said, 'Of course, Messenger of Allah, and there was no harm in him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.' "

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Malik said, "It is not halal to marry a christian or jewish slave-girl because Allah the Blessed, the Exalted, said in His Book, 'Believing women who are muhsanat and women of those who were given the Book before you who are muhsanat', (sura 5 ayat 6) and they are free women from the Christians and Jews. Allah, the Blessed, the Exalted, said in His Book, 'If you are not affluent enough to marry believing women who are muhsanat, take believing slave-girls whom your right hands own.' " (Sura 4 ayat 24)

Malik said, "In our opinion, Allah made marriage to believing slave-girls halal, and He did not make halal marriage to christian and jewish slave-girls from the People of the Book."

Malik said, "The christian and jewish slave-girl are halal for their master by right of possession, but intercourse with a magian slave-girl is not halal by the right of possession."

The people (of the Pre-Islamic Period) used to think that to perform `Umra during the months of Hajj was one of the major sins on earth. And also used to consider the month of Safar as a forbidden (i.e. sacred) month and they used to say, "When the wounds of the camel's back heal up (after they return from Hajj) and the signs of those wounds vanish and the month of Safar passes away then (at that time) `Umra is permissible for the one who wishes to perform it." In the morning of the 4th of Dhul- Hijja, the Prophet and his companions reached Mecca, assuming Ihram for Hajj and he ordered his companions to make their intentions of the Ihram for `Umra only (instead of Hajj) so they considered his order as something great and were puzzled, and said, "O Allah's Apostle! What kind (of finishing) of Ihram is allowed?" The Prophet replied, "Finish the Ihram completely like a non-Muhrim (you are allowed everything)."

`Abdullah bin `Abdullah bin `Umar and his riding animal entered the house of Ibn `Umar. He (the son of Ibn `Umar) said, "I fear that this year a battle might take place between the people and you might be prevented from going to the Ka`ba. I suggest that you should stay here." Ibn `Umar said, "Once Allah's Apostle set out for the pilgrimage, and the pagans of Quraish intervened between him and the Ka`ba. So, if the people intervened between me and the Ka`ba, I would do the same as Allah's Apostle had done . . . "Verily, in Allah's Apostle you have a good example." Then he added, "I make you a witness that I have intended to perform Hajj along with `Umra." After arriving at Mecca, Ibn `Umar performed one Tawaf only (between Safa and Marwa).

"The Messenger of Allah (saws) was a slave (of Allah), who would order as he has ben ordered to. He did not give an order to us instead of the people regarding anything except for three: He ordered us that we make our Wudu' well (Isbagh), that we not eat from charity, and the we not mate a donkey with a horse."

[Abu 'Eisa said:] There is something on this topic from 'Ali. This Hadith is Hasan Sahih.

Sufyan Ath-Thawri reported this from Abu Jahdam, who said: "From 'Ubaidullah bin 'Abdullah bin 'Abbas, from Ibn 'Abbas." He said I heard Muhammad saying: "The narration of Ath-Thawri is not preserved. Ath-Thawri made a mistake in it. What is correct is what Ismail bin 'Ulaiyyah and 'Abul-Warith bin Sa'eed reported from Abu Jahdam, from 'Abdullah bin 'Ubaidullah bin 'Abbas from Ibn 'Abbas."

We arrived at Khaibar, and when Allah helped His Apostle to open the fort, the beauty of Safiya bint Huyai bin Akhtaq whose husband had been killed while she was a bride, was mentioned to Allah's Apostle. The Prophet selected her for himself, and set out with her, and when we reached a place called Sidd-as-Sahba,' Safiya became clean from her menses then Allah's Apostle married her. Hais (i.e. an 'Arabian dish) was prepared on a small leather mat. Then the Prophet said to me, "I invite the people around you." So that was the marriage banquet of the Prophet and Safiya. Then we proceeded towards Medina, and I saw the Prophet, making for her a kind of cushion with his cloak behind him (on his camel). He then sat beside his camel and put his knee for Safiya to put her foot on, in order to ride (on the camel).

Jarir said to me, The Prophet said to me, "Won't you relieve me from Dhu-l-Khalasa?" And that was a house (in Yemem belonging to the tribe of) Khatham called Al-Ka`ba Al Yamaniya. I proceeded with one-hundred and-fifty cavalry from Ahmas (tribe) who were horse riders. I used not to sit firm on horses, so the Prophet stroke me over my chest till I saw the mark of his fingers over my chest, and then he said, 'O Allah! Make him (i.e. Jarir) firm and one who guides others and is guided on the right path." So Jarir proceeded to it dismantled and burnt it, and then sent a messenger to Allah's Apostle. The messenger of Jarir said (to the Prophet), "By Him Who sent you with the Truth, I did not leave that place till it was like a scabby camel." The Prophet blessed the horses of Ahmas and their men five times.

The Prophet said, "Time has come back to its original state which it had when Allah created the Heavens and the Earth, the year is twelve months, of which four are sacred; (and out of these four) three are in succession, namely, Dhul-Qa'da, Dhul-Hijja and Muharram, and (the fourth one) Rajab Mudar which is between Jumad (Ath-Tham) and Sha'ban." The Prophet then asked us, "Which month is this?" We said, "Allah and His Apostle know (it) better." He kept quiet so long that we thought he might call it by another name. Then he said, "Isn't it Dhul-Hijja?" We said, "Yes." He asked "What town is this?" We said, "Allah and His Apostle know (it) better.' Then he kept quiet so long that we thought he might call it by another name. He then said, "Isn't it the (forbidden) town (Mecca)?" We said, "Yes." He asked, "What is the day today?" We said, "Allah and His Apostle know (it) better. Then he kept quiet so long that we thought that he might call it by another name. Then he said, "Isn't it the Day of An-Nahr (slaughtering of sacrifices)?" We said, "Yes." Then he said, "Your blood (lives), your properties," (the sub narrator Muhammad, said: I think he also said): "..and your honor) are as sacred to one another like the sanctity of this Day of yours, in this town of yours, in this month of yours. You shall meet your Lord and He will ask you about your deeds. Beware! Don't go astray after me by striking the necks of one another. Lo! It is incumbent upon those who are present to inform it to those who are absent for perhaps the informed one might comprehend it (understand it) better than some of the present audience." Whenever the sub-narrator Muhammad mentioned that statement, he would say, "The Prophet said the truth.") And then the Prophet added, "No doubt! Haven't I conveyed Allah's Message to you! No doubt! Haven't I conveyed Allah's Message to you?"

The Messenger of Allah (saws) announced an expedition, and I was a very old man and I had no servant. I, therefore, sought a hireling who would serve instead of me, and I would give him his portion. So I found a man. When the time of departure arrived, he came to me and said: I do not know what would be the portions, and how much would be my portion. So offer something (as wages) to me, whether there would be any portion or not. I offered three dinars (as his wages) for him. When some booty arrived, I wanted to offer him his portion. But I remembered the dinars, so I went to the Prophet (saws) and mentioned the matter to him. He said: All I can find for him regarding this expedition of his in this world and the next is three dinars which were offered him.

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.

Yahya said that Malik related from Ibn Shihab that Sunayn Abi Jamila, a man from the Banu Sulaym, found an abandoned child in the time of Umar ibn al-Khattab. Sunayn took him to Umar ibn al-Khattab. He asked, "What has induced you to take this person?" He answered, "I found him lost, so I took him.'' Umar's advisor said to him,' 'Amir al-Muminin! He is a man who does good." Umar inquired of him, "Is it so?" He replied, "Yes." Umar ibn al-Khattab said, "Go, he is free, and you have his wala' inheritance, and we will provide for him."

Yahya said that he heard Malik say, "What is done in our community about an abandoned child is that he is free, and his wala' inheritance belongs to the muslims, and they inherit from him and pay his blood money."

Malik related to me from Yahya ibn Said from Amr ibn Shuayb that a man of the Banu Mudlij called Qatada threw a sword at his son and it struck his thigh. The wound bled profusely and he died. Suraqa ibn Jusham came to Umar ibn al-Khattab and mentioned that to him Umar said to him, "At the watering place of Qudayd count one hundred and twenty camels and wait until I come to you." When Umar ibn al-Khattab came to him, he took thirty four-year-old camels, thirty five-year-old camels, and forty pregnant camels from them. Then he said, "Where is the brother of the slain man?" He said, "Here." He said, "Take them. The Messenger of Allah, may Allah bless him and grant him peace, said, 'The killer gets nothing.' "

Allah's Apostle, the truthful and truly-inspired, said, "Each one of you collected in the womb of his mother for forty days, and then turns into a clot for an equal period (of forty days) and turns into a piece of flesh for a similar period (of forty days) and then Allah sends an angel and orders him to write four things, i.e., his provision, his age, and whether he will be of the wretched or the blessed (in the Hereafter). Then the soul is breathed into him. And by Allah, a person among you (or a man) may do deeds of the people of the Fire till there is only a cubit or an arm-breadth distance between him and the Fire, but then that writing (which Allah has ordered the angel to write) precedes, and he does the deeds of the people of Paradise and enters it; and a man may do the deeds of the people of Paradise till there is only a cubit or two between him and Paradise, and then that writing precedes and he does the deeds of the people of the Fire and enters it."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

I along with my father went to Abu- Barza Al-Aslami and my father asked him, "How Allah's Apostle used to offer the five compulsory congregational prayers?" Abu- Barza said, "The Prophet used to pray the Zuhr prayer which you (people) call the first one at midday when the sun had just declined The `Asr prayer at a time when after the prayer, a man could go to the house at the farthest place in Medina (and arrive) while the sun was still hot. (I forgot about the Maghrib prayer). The Prophet Loved to delay the `Isha which you call Al- `Atama [??] and he disliked sleeping before it and speaking after it. After the Fajr prayer he used to leave when a man could recognize the one sitting beside him and he used to recite between 60 to 100 Ayat (in the Fajr prayer) .

Once a man was driving two Nadihas (camels used for agricultural purposes) and night had fallen. He found Mu`adh praying so he made his camel kneel and joined Mu`adh in the prayer. The latter recited Surat 'Al-Baqara" or Surat "An-Nisa", (so) the man left the prayer and went away. When he came to know that Mu`adh had criticized him, he went to the Prophet, and complained against Mu`adh. The Prophet said thrice, "O Mu`adh ! Are you putting the people to trial?" It would have been better if you had recited "Sabbih Isma Rabbika-l-A`la (87)", Wash-shamsi wa duhaha (91)", or "Wal-laili idha yaghsha (92)", for the old, the weak and the needy pray behind you." Jabir said that Mu`adh recited Sura Al-Baqara in the `Isha' prayer.

`Abdullah;- performed the Hajj and we reached Al-Muzdalifa at or about the time of the `Isha' prayer. He ordered a man to pronounce the Adhan and Iqama and then he offered the Maghrib prayer and offered two rak`at after it. Then he asked for his supper and took it, and then, I think, he ordered a man to pronounce the Adhan and Iqama (for the `Isha' prayer). (`Amr, a sub-narrator said: The intervening statement 'I think', was said by the sub-narrator Zuhair) (i.e. not by `Abdur-Rahman). Then `Abdullah offered two rak`at of `Isha' prayer. When the day dawned, `Abdullah said, "The Prophet never offered any prayer at this hour except this prayer at this time and at this place and on this day." `Abdullah added, "These two prayers are shifted from their actual times -- the Maghrib prayer (is offered) when the people reached Al-Muzdalifa and the Fajr (morning) prayer at the early dawn." `Abdullah added, "I saw the Prophet doing that."