Abu Dawud said: Ibn Dawud has narrated the first part of this tradition as a statement (of the Prophet), and denied that there was any mention of performing ablution for every prayer. The weakness of the tradition reported by Habib is also indicated by the fact that the version transmuted by al-Zuhri from 'Urwah on the authority of 'Aishah says that she used to wash herself for every prayer; (these words occur) in the tradition about the woman who has a flow of blood. This tradition has been reported by Abu al-Yaqzan from 'Adi b. Thabit from his father from 'Ali, and narrated by 'Ammar, the freed salve of Banu Hashim, from Ibn 'Abbas, and transmitted by 'Abd al-Malik b. Maisarah, Bayan, al-Mughirah, Firas, on the authority of al-Sha'bi, from Qumair from 'Aishah, stating: You should perform ablution for every prayer. The version transmitted by Dawud, and 'Asim from al-Sha'bi from Qumair from 'Aishah has the words: She should take bath only once every day. The version reported by Hisham b. 'Urwah from his father has the words: The woman having a flow of blood should perform ablution for every prayer. All these traditions are weak except the tradition reported by Qumair and the tradition reported by 'Ammar, the freed slave of Banu Hashim, and the tradition narrated by Hisham b. 'Urwah on the authority of his father. What is commonly known from Ibn 'Abbas is bathing (for every prayer).

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a gift to strengthen ties with a relative or as sadaqa, he cannot have it returned. If some one, however, gives a gift seeking by it favour or reward, he has his gift and can reclaim it if he does not have satisfaction from it."

Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that if the gift is returned to the one who gave it for recompense, and its value has been either increased or decreased, the one to whom it has been given gives the owner its value on the day he received it."

Jabir b. `Abdullah (Allah be pleased with them) reported that when Asma' bint `Umais gave birth (to a child) in Dhu'l-Hulaifa. Allah's Messenger (may peace be upon him) commanded Abu Bakr (to convey to her) that she should take a bath and enter into the state of Ihram.

I heard Allah's Apostle saying, "If Allah wants to do good to a person, He makes him comprehend the religion. I am just a distributor, but the grant is from Allah. (And remember) that this nation (true Muslims) will keep on following Allah's teachings strictly and they will not be harmed by any one going on a different path till Allah's order (Day of Judgment) is established."

While some people were offering morning prayer at Quba' a man came to them and said, "A Qur'anic Order has been revealed to Allah's Apostle tonight that he should face the Ka`ba at Mecca (in prayer), so you too should turn your faces towards it." At that moment their faces were towards Sham (i.e. Jerusalem) (and on hearing that) they turned towards the Ka`ba (at Mecca).

The Prophet (saws) said: Let me not find one of you reclining on his couch when he hears something regarding me which I have commanded or forbidden and saying: We do not know. What we found in Allah's Book we have followed.

Yahya related to me from Malik, from Jafar ibn Muhammad, from his father, that AIi ibn Abi Talib used to say the talbiya while on hajj until after noon on the day of Arafa, when he would stop doing so.

Yahya said that Malik said, "This is what the people of knowledge in our city are still doing."

Whenever Allah's Apostle came out on `Id day, he used to order that a Harba [??] (a short spear) to be planted in front of him (as a Sutra for his prayer) and then he used to pray facing it with the people behind him and used to do the same while on a journey. After the Prophet , this practice was adopted by the Muslim rulers (who followed his traditions).

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

Fatima the daughter of the Prophet sent someone to Abu Bakr (when he was a caliph), asking for her inheritance of what Allah's Apostle had left of the property bestowed on him by Allah from the Fai (i.e. booty gained without fighting) in Medina, and Fadak, and what remained of the Khumus of the Khaibar booty. On that, Abu Bakr said, "Allah's Apostle said, "Our property is not inherited. Whatever we leave, is Sadaqa, but the family of (the Prophet) Muhammad can eat of this property.' By Allah, I will not make any change in the state of the Sadaqa of Allah's Apostle and will leave it as it was during the lifetime of Allah's Apostle, and will dispose of it as Allah's Apostle used to do." So Abu Bakr refused to give anything of that to Fatima. So she became angry with Abu Bakr and kept away from him, and did not task to him till she died. She remained alive for six months after the death of the Prophet. When she died, her husband `Ali, buried her at night without informing Abu Bakr and he said the funeral prayer by himself. When Fatima was alive, the people used to respect `Ali much, but after her death, `Ali noticed a change in the people's attitude towards him. So `Ali sought reconciliation with Abu Bakr and gave him an oath of allegiance. `Ali had not given the oath of allegiance during those months (i.e. the period between the Prophet's death and Fatima's death). `Ali sent someone to Abu Bakr saying, "Come to us, but let nobody come with you," as he disliked that `Umar should come, `Umar said (to Abu Bakr), "No, by Allah, you shall not enter upon them alone " Abu Bakr said, "What do you think they will do to me? By Allah, I will go to them' So Abu Bakr entered upon them, and then `Ali uttered Tashah-hud and said (to Abu Bakr), "We know well your superiority and what Allah has given you, and we are not jealous of the good what Allah has bestowed upon you, but you did not consult us in the question of the rule and we thought that we have got a right in it because of our near relationship to Allah's Apostle ." Thereupon Abu Bakr's eyes flowed with tears. And when Abu Bakr spoke, he said, "By Him in Whose Hand my soul is to keep good relations with the relatives of Allah's Apostle is dearer to me than to keep good relations with my own relatives. But as for the trouble which arose between me and you about his property, I will do my best to spend it according to what is good, and will not leave any rule or regulation ...

Yahya related to me from Malik from Muhammad ibn Yusuf that as- Sa'ib ibn Yazid said, "Umar ibn al-Khattab ordered Ubayy ibn Kab and Tamim ad-Dari to watch the night in prayer with the people for eleven rakas.The reciterof the Qur'an would recite the Mi'in (a group of medium-sized suras) until we would be leaning on our staffs from having stood so long in prayer. And we would not leave until the approach of dawn."

We were staying with the Messenger of Allah (saws) at Arafat; he said: O people, every family must offer a sacrifice and an atirah. Do you know what the atirah is? It is what you call the Rajab sacrifice.

Abu Dawud said: 'Atirah has been abrogated, and this tradition is an abrogated one.

That he heard the Prophet, after raising his head from the bowing in morning prayer, saying, "O Allah, our Lord! All the praises are for you." And in the last (rak`a) he said, "O Allah! Curse so-and-so and so--and-so." And then Allah revealed:-- 'Not for you (O Muhammad) is the decision, (but for Allah), whether He turns in mercy to them or punish them, for they are indeed wrongdoers.' (3.128)

Two men, a Muslim and a Jew, abused each other. The Muslim said, "By Him Who gave superiority to Muhammad over all the people." On that, the Jew said, "By Him Who gave superiority to Moses over all the people." The Muslim became furious at that and slapped the Jew in the face. The Jew went to Allah's Apostle and informed him of what had happened between him and the Muslim. Allah's Apostle said, "Don't give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection and I will be the first to gain consciousness, and behold ! Moses will be there holding the side of Allah's Throne. I will not know whether Moses has been among those people who have become unconscious and then has regained consciousness before me, or has been among those exempted by Allah from falling unconscious."

Allah's Apostle wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi whom Allah's Apostle ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Apostle reached Caesar, he said after reading it, 'Seek for me any one of his people! (Arabs of Quraish tribe) if present here, in order to ask him about Allah's Apostle. At that time Abu Sufyan bin Harb was in Sham with some men from Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah's Apostle; and the infidels of Quraish. Abu Sufyan said, Caesar's messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator. 'Ask them who amongst them is a close relation to the man who claims to be a prophet." Abu Sufyan added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately." Abu Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth. He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs to a noble family amongst us.' He said, 'Have anybody else amongst you ever claimed the same before him? 'I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he claimed? ' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are they increasing or decreasing (day by day)?' I replied,' ...

Malik related to me that he had heard that a slave-girl came to Umar ibn al-Khattab (who had been beaten by her master with a red hot iron) and he set her free.

Malik said, "The generally agreed- on way of doing things among us is that a man is not permitted to be freed while he has a debt against him which exceeds his property. A boy is not allowed to be set free until he has reached puberty. The young person whose affairs are managed cannot set free in his property, even when he reaches puberty, until he manages his property."

Allah's Apostle appointed Usama bin Zaid as the commander of some people. Those people criticized his leadership. The Prophet said, "If you speak ill of his leadership, you have already spoken ill of his father's leadership before. By Allah, he deserved to be a Commander, and he was one of the most beloved persons to me and now this (i.e. Usama) is one of the most beloved persons to me after him.

The Prophet used to invoke Allah, saying, "Allahumma ighfirli khati'ati wa jahli wa israfi fi `Amri, wa ma anta a-'lamu bihi minni. Allahumma ighfirli hazali wa jiddi wa khata'i wa amdi, wa kullu dhalika 'indi."

The Messenger of Allaah (sal Allaahu alayhi wa sallam) ordered the killing of the dogs, and then said: Why are they (people) after them (dogs)? and then granted permission (to keep) for hunting and for (the security) of the herd, and said : When the dog licks the utensil wash it seven times, and rub it with earth the eighth time.

Abu Dawud said : Ibn Mughaffal narrated in a similar way.

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

(the clerk of Al-Mughira bin Shu`ba) Once Al-Mughira dictated to me in a letter addressed to Muawiya that the Prophet used to say after every compulsory prayer, "La ilaha illa l-lahu wahdahu la sharika lahu, lahu l-mulku wa lahu l-hamdu, wa huwa `ala kulli shay'in qadir. Allahumma la mani`a lima a`taita, wa la mu`tiya lima mana`ta, wa la yanfa`u dhal-jaddi minka l-jadd. [There is no Deity but Allah, Alone, no Partner to Him. His is the Kingdom and all praise, and Omnipotent is he. O Allah! Nobody can hold back what you gave, nobody can give what You held back, and no struggler's effort can benefit against You]." And Al-Hasan said, "Al-jadd' means prosperity [??]."

Once Allah's Apostle came to me in the morning, and a man among us said, "Where is Malik bin Ad- Dukhshun?" Another man from us replied, "He is a hypocrite who does not love Allah and His Apostle." The Prophet said, "Don't you think that he says: None has the right to be worshipped but Allah, only for Allah's sake?" They replied, "Yes" The Prophet said, "Nobody will meet Allah with that saying on the Day of Resurrection, but Allah will save him from the Fire."

I said to Ibn `Abbas, "Nauf Al-Bukah claims that Moses, the companion of Al-Khadir was not Moses (the prophet) of the children of Israel, but some other Moses." Ibn `Abbas said, "Allah's enemy (i.e. Nauf) has told a lie. Ubai bin Ka`b told us that the Prophet said, 'Once Moses stood up and addressed Bani Israel. He was asked who was the most learned man amongst the people. He said, 'I.' Allah admonished him as he did not attribute absolute knowledge to Him (Allah). So, Allah said to him, 'Yes, at the junction of the two seas there is a Slave of Mine who is more learned than you.' Moses said, 'O my Lord! How can I meet him?' Allah said, 'Take a fish and put it in a large basket and you will find him at the place where you will lose the fish.' Moses took a fish and put it in a basket and proceeded along with his (servant) boy, Yusha` bin Noon, till they reached the rock where they laid their heads (i.e. lay down). Moses slept, and the fish, moving out of the basket, fell into the sea. It took its way into the sea (straight) as in a tunnel. Allah stopped the flow of water over the fish and it became like an arch (the Prophet pointed out this arch with his hands). They travelled the rest of the night, and the next day Moses said to his boy (servant), 'Give us our food, for indeed, we have suffered much fatigue in this journey of ours.' Moses did not feel tired till he crossed that place which Allah had ordered him to seek after. His boy (servant) said to him, 'Do you know that when we were sitting near that rock, I forgot the fish, and none but Satan caused me to forget to tell (you) about it, and it took its course into the sea in an amazing way?.' So there was a path for the fish and that astonished them. Moses said, 'That was what we were seeking after.' So, both of them retraced their footsteps till they reached the rock. There they saw a man Lying covered with a garment. Moses greeted him and he replied saying, 'How do people greet each other in your land?' Moses said, 'I am Moses.' The man asked, 'Moses of Bani Israel?' Moses said, 'Yes, I have come to you so that you may teach me from those things which Allah has taught you.' He said, 'O Moses! I have some of the Knowledge of Allah which Allah has taught me, and which you do not know, while you have some of the Knowledge of Allah which Allah has taught you and which I do not know.' Moses asked, 'May I follow you?' He said, 'But you will not be able ...

While the people were offering the Fajr prayer at Quba' (near Medina), someone came to them and said: "It has been revealed to Allah's Apostle tonight, and he has been ordered to pray facing the Ka`ba." So turn your faces to the Ka`ba. Those people were facing Sham (Jerusalem) so they turned their faces towards Ka`ba (at Mecca).

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Abu Musa al-Ashari came to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and said to her, "The disagreement of the companions in a matter which I hate to bring before you has distressed me." She said, "What is that? You did not ask your mother about it, so ask me." He said, "A man penetrates his wife, but becomes listless and does not ejaculate. "She said, "When the circumcised part passes the circumcised part ghusl is obligatory." Abu Musa added, "I shall never ask anyone about this after you."

I did not feel jealous of any of the wives of the Prophet as much as I did of Khadija (although) she died before he married me, for I often heard him mentioning her, and Allah had told him to give her the good tidings that she would have a palace of Qasab (i.e. pipes of precious stones and pearls in Paradise), and whenever he slaughtered a sheep, he would send her women-friends a good share of it.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said about a trained dog, "Eat whatever it catches for you whether it eats from it or not."

Abu Dawud said: Malik, al-Zubaidi and others have narrated so that they form the last words from al-Zuhri on the authority of ‘Ali b, Husain. And this is supported by the version reported by ‘Abd al-A’la from Ma’mar and SHu’aib b. Abi Hamzah on the authority of Al-Zuhri.

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, "The day of Ashura was a day the Quraysh used to fast in the jahiliyya, and the Messenger of Allah, may Allah bless him and grant him peace, used also to fast it during the jahiliyya. Then when the Messenger of Allah, may Allah bless him and grant him peace, came to Madina he fasted it and ordered that it be fasted. Then Ramadan was made obligatory, and that became the fard instead of Ashura, but whoever wanted to, fasted it, and whoever did not want to, did not fast it."

Abu Huraira said, "During that Hajj (in which Abu Bakr was the chief of the pilgrims) Abu Bakr sent me along with announcers on the Day of Nahr ( 10th of Dhul-Hijja) in Mina to announce: "No pagans shall perform, Hajj after this year, and none shall perform the Tawaf around the Ka`ba in a naked state." Humaid bin `Abdur Rahman added: Then Allah's Apostle sent `Ali bin Abi Talib (after Abu Bakr) and ordered him to recite aloud in public Surat Bara'a. Abu Huraira added, "So `Ali, along with us, recited Bara'a (loudly) before the people at Mina on the Day of Nahr and announced; "No pagan shall perform Hajj after this year and none shall perform the Tawaf around the Ka`ba in a naked state."

Allah's Apostle was fond of honey and sweet edible things and (it was his habit) that after finishing the `Asr prayer he would visit his wives and stay with one of them at that time. Once he went to Hafsa, the daughter of `Umar and stayed with her more than usual. I got jealous and asked the reason for that. I was told that a lady of her folk had given her a skin filled with honey as a present, and that she made a syrup from it and gave it to the Prophet to drink (and that was the reason for the delay). I said, "By Allah we will play a trick on him (to prevent him from doing so)." So I said to Sa`da bint Zam`a "The Prophet will approach you, and when he comes near you, say: 'Have you taken Maghafir (a bad-smelling gum)?' He will say, 'No.' Then say to him: 'Then what is this bad smell which i smell from you?' He will say to you, 'Hafsa made me drink honey syrup.' Then say: Perhaps the bees of that honey had sucked the juice of the tree of Al-`Urfut.' I shall also say the same. O you, Safiyya, say the same." Later Sa`da said, "By Allah, as soon as he (the Prophet ) stood at the door, I was about to say to him what you had ordered me to say because I was afraid of you." So when the Prophet came near Sa`da, she said to him, "O Allah's Apostle! Have you taken Maghafir?" He said, "No." She said. "Then what is this bad smell which I detect on you?" He said, "Hafsa made me drink honey syrup." She said, "Perhaps its bees had sucked the juice of Al-`Urfut tree." When he came to me, I also said the same, and when he went to Safiyya, she also said the same. And when the Prophet again went to Hafsa, she said, 'O Allah's Apostle! Shall I give you more of that drink?" He said, "I am not in need of it." Sa`da said, "By Allah, we deprived him (of it)." I said to her, "Keep quiet." '

Allah's Apostle said, "If Allah wants to do good for somebody, he makes him comprehend the Religion (i.e. Islam), and Allah is the Giver and I am Al-Qasim (i.e. the distributor), and this (Muslim) nation will remain victorious over their opponents, till Allah's Order comes and they will still be victorious."

Allah's Apostle said, "By Him in Whose Hands my life is, I was about to order for collecting fire wood and then order someone to pronounce the Adhan for the prayer and then order someone to lead the people in prayer and then I would go from behind and burn the houses of men who did not present themselves for the (compulsory congregational) prayer. By Him in Whose Hands my life is, if anyone of you had known that he would receive a bone covered with meat or two (small) pieces of meat present in between two ribs, he would come for `Isha' prayer." (See Hadith No. 617, Vol. 1)

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man said to his family that he had never done a good action, and that when he died they were to burn him and then scatter half of him on the land and half of him on the sea, and by Allah, if Allah destined it for him He would punish him with a punishment which He had not punished anyone else with in all the worlds. When the man died, they did as he had told them. Then Allah told the land to collect everything that was in it, and told the sea to collect everything that was in it, and then He said to the man, 'Why did you do this?' and he said, 'From fear of You, Lord, and You know best.' "

Abu Hurayra added, "And He forgave him."

That while he was with a delegation from Quraish to Muawiya, the latter heard the news that `Abdullah bin `Amr bin Al-`As said that there would be a king from the tribe of Qahtan. On that Muawiya became angry, got up and then praised Allah as He deserved, and said, "Now then, I have heard that some men amongst you narrate things which are neither in the Holy Book, nor have been told by Allah's Apostle. Those men are the ignorant amongst you. Beware of such hopes as make the people go astray, for I heard Allah's Apostle saying, 'Authority of ruling will remain with Quraish, and whoever bears hostility to them, Allah will destroy him as long as they abide by the laws of the religion.' "

Anas reported; Bilal was commanded to pronounce Adhan in double pairs and IQAMAH in single pairs.

Hammam added in his version; “except IQAMAH”.

Malik related to me that he heard that Abdullah ibn Masud used to say, "The slave continues to lie and a black spot grows in his heart until all his heart becomes black. Then he is written, in Allah's sight, among the liars."