Yahya related to me from Malik from al-Miswar ibn Rifaa al- Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibn Simwal divorced his wife, Tamima bint Wahb, in the time of the Messenger of Allah, may Allah bless him and grant him peace, three times. Then she married Abd ar-Rahman ibn az-Zubayr and he turned from her and could not consummate the marriage and so he parted from her. Rifaa wanted to marry her again and it was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he forbade him to marry her. He said, "She is not halal for you until she has tasted the sweetness of intercourse."

Yahya related to me from Malik from Humayd ibn Qays al-Makki that Mujahid said, "I was with Abdullah ibn Umar and an artisan came to him and said, 'Abu Abd ar-Rahman - I fashion gold and then sell what I have made for more than its weight. I take an amount equivalent to the work of my hand.' Abdullah forbade him to do that, so the artisan repeated the question to him, and Abdullah continued to forbid him until he came to the door of the mosque or to an animal that he intended to mount. Then Abdullah ibn Umar said, 'A dinar for a dinar, and a dirham for a dirham. There is no increase between them. This is the command of ourProphet to us and our advice to you.' "

`Uqba bin Al-Harith said that he had married the daughter of Abi Ihab bin `Aziz. Later on a woman came to him and said, "I have suckled (nursed) `Uqba and the woman whom he married (his wife) at my breast." `Uqba said to her, "Neither I knew that you have suckled (nursed) me nor did you tell me." Then he rode over to see Allah's Apostle at Medina, and asked him about it. Allah's Apostle said, "How can you keep her as a wife when it has been said (that she is your foster-sister)?" Then `Uqba divorced her, and she married another man.

`Uqba married the daughter of Abu Ihab bin `Aziz, and then a woman came and said, "I suckled `Uqba and his wife." `Uqba said to her, "I do not know that you have suckled me, and you did not inform me." He then sent someone to the house of Abu Ihab to inquire about that but they did not know that she had suckled their daughter. Then `Uqba went to the Prophet in Medina and asked him about it. The Prophet said to him, "How (can you keep your wife) after it has been said (that both of you were suckled by the same woman)?" So, he divorced her and she was married to another (husband).

One morning we saw the wives of the Prophet weeping, and everyone of them had her family with her, I went to the mosque and found that it was crowded with people. Then `Umar bin Al-Khattab came and went up to the Prophet who was in his upper room. He greeted him but nobody answered. He greeted again, but nobody answered. Then the gatekeeper called him and he entered upon the Prophet, and asked, "Have you divorced your wives?" The Prophet, said, "No, but I have taken an oath not to go to them for one month." So the Prophet stayed away (from his wives) for twenty nine days and then entered upon them.

While we were with Allah's Apostle in a holy battle, we never went up a hill or reached its peak or went down a valley but raised our voices with Takbir. Allah's Apostle came close to us and said, "O people! Don't exert yourselves, for you do not call a deaf or an absent one, but you call the All- Listener, the All-Seer." The Prophet then said, "O `Abdullah bin Qais! Shall I teach you a sentence which is from the treasures of Paradise? ( It is): 'La haula wala quwata illa billah. (There is neither might nor power except with Allah).

"Makhrafah Al-'Abdi and I brought linens from Hajar. The Prophet (saws) came to us in bargain with us with some pants. There was someone with me who weighed (the goods) to determine the value. So the the Prophet (saws) said to the one weighing: 'Weigh and add more.'"

[He said:] There are narrations on this topic from Jabir and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Suwaid is a Hasan Sahih Hadith. The people of knowledge consider it recommended to add more when weighing.

Shu'bah reported this Hadith from Simak, so he said: "From Abu Safwan" and he mentioned the narration.

Regarding the Verse:--"If a woman fears cruelty or desertion on her husband's part." (4.128) It is about a man who has a woman (wife) and he does not like her and wants to divorce her but she says to him, "I make you free as regards myself." So this Verse was revealed in this connection.

Umm Qais daughter of Mihsan reported that she came to the Messenger of Allah (may peace be upon him) with her child. who was not yet weaned, and she placed him in his lap; and he urinated in his (Holy Prophet's) lap. He (the Holy Prophet) did nothing more than spraying water over it.

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

The following Verse: If a woman fears cruelty or desertion on her husband's part (i.e. the husband notices something unpleasant about his wife, such as old age or the like, and wants to divorce her, but she asks him to keep her and provide for her as he wishes). (4.128) "There is no blame on them if they reconcile on such basis."

That the Prophet (saws) "Every intoxicant is unlawful."

He said: There are narrations on this topic from 'Umar, 'Ali, Ibn Mas'ud, Anas, Abu Sa'eed, Abu Musa, Al-Ashajj, Al-Asri', Dailam, Maimunah, 'Aishah, Ibn 'Abbas, Qais bin Sa'd, An-Nu'man bin Bashir, Mu'awiyah, 'Abdullah bin Mughaffal, Umm Salamah, Buraidah, Abu Hurairah, Wa'il bin Hujr, and Qurrah Al-Muzani.

[Abu 'Eisa said:] This Hadith is Hasan. Similar was reported from Abu Salamah, from Abu Hurairah, from the Prophet (saws). Both of these are Sahih. More than one narrator reported similarly from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah, from the Prophet (saws), and from Abu Salamah, from Ibn 'Umar, from the Prophet (saws).

Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash`ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O `Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or `Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu`adh bin Jabal after him and when Mu`adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Muisa. Mu`adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Muisa requested Mu`adh to sit down but Mu`adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'"

I brought my young son, who had not started eating (ordinary food) to Allah's Apostle who took him and made him sit in his lap. The child urinated on the garment of the Prophet, so he asked for water and poured it over the soiled (area) and did not wash it.

Abdullah b. Qais reported from Allah's Messenger (may peace be upon him) that none is more forbearing in listening to the most irksome things than Allah, the Exalted. They associate rivals with him, attribute sonhood to Him, but in spite of this He provides them sustenance, grants them safety, confers upon them so many things.

Abu Bakr b. Abdullah b. Qais reported on the authority of his father that Allah's Messenger (may peace be upon him) said that in Paradise there would be for a believer a tent of a single hollowed pearl the breadth of which would be sixty miles. It would be meant for a believer and the believers would go around it and none would be able to see the others.

that he heard Anas saying, "A woman came to the Prophet offering herself to him in marriage, saying, "Have you got any interest in me (i.e. would you like to marry me?)" Anas's daughter said, "How shameless that woman was!" On that Anas said, "She is better than you, for she presented herself to Allah's Apostle (for marriage).

Anas said, "The Prophet asked for water and a tumbler with a broad base and no so deep, containing a small quantity of water, was brought to him whereby he put his fingers in it." Anas further said, ' noticed the water springing out from amongst his fingers." Anas added, ' estimated that the people who performed ablution with it numbered between seventy to eighty."

Yahya related to me from Malik that he had heard that receipts were given to people in the time of Marwan ibn al-Hakam for the produce of the market at al-Jar. People bought and sold the receipts among themselves before they took delivery of the goods. Zayd Thabit and one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, went to Marwan ibn al-Hakam and said, "Marwan! Do you make usury halal?" He said, "I seek refuge with Allah! What is that?" He said, "These receipts which people buy and sell before they take delivery of the goods." Marwan therefore sent a guard to follow them and to take them from people's hands and return them to their owners.

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 woman should not ask for the divorce of her sister to make her plate empty and in order to marry. She has what is decreed for her."

Maliksaid, "Payment of all types of kaffara, of zakat al-fitr and of the zakat on grains for which a tenth or a twentieth is due, is made using the smaller mudd, which is the mudd of the Prophet, may Allah bless him and grant him peace, except in the case of dhihar divorce, when the kaffara is paid using the mudd of Hisham, which is the larger mudd."

Abu Huraira (Allah be pleased with him) reported that Allah's Messenger (may peace be upon him) forbade the combining of a woman in marriage with her father's sister, or with her mother's sister, or that a woman should ask for divorce for her sister in order to deprive her of what belongs to her. Allah, the Exalted'and Majestic, is her Sustainer too.

When the Prophet set out for (the battle of) Uhud, some of those who had gone out with him, returned. The companions of the Prophet were divided into two groups. One group said, "We will fight them (i.e. the enemy)," and the other group said, "We will not fight them." So there came the Divine Revelation:-- '(O Muslims!) Then what is the matter within you that you are divided. Into two parties about the hypocrites? Allah has cast them back (to disbelief) Because of what they have earned.' (4.88) On that, the Prophet said, "That is Taiba (i.e. the city of Medina) which clears one from one's sins as the fire expels the impurities of silver."

This hadith has been transmitted on the authority of Abu Bakr b. Abu Musa b. Qais who, on the authority of his father, reported the Apostle (may peace be upon him) to have said that there would be a tent made of a pearl whose height towards the sky would be sixty miles. In each corner, there would be a family of the believer, out of sight for the others.

Yahya related to me from Malik from Abu'z-Zinad from Abu Salama ibn Abd ar-Rahman that some people from al-Jar came to Marwan ibn al- Hakam and asked him about eating what was cast up by the sea. He said, "There is no harm in eating it." Marwan said, "Go to Zayd ibn Thabit and Abu Hurayra and ask them about it, then come to me and tell me what they say." They went to them and asked them, and they both said, "There is no harm in eating it " They returned to Marwan and told him. Marwan said, "I told you."

Malik said that there was no harm in eating fish caught by magians, because the Messenger of Allah, may Allah bless him and grant him peace, said, "In the sea's water is purity, and that which is dead in it is halal. "

Malik said, "If it is eaten when it is dead, there is no harm in who catches it."

Yahya related to me from Malik that Humayd ibn Qays al-Makki said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, with the two sons of Jafar ibn Abi Talib. He said to their nursemaid, 'Why do I see them so thin?' Their nursemaid said, 'Messenger of Allah, the evil eye goes quickly to them. Nothing stops us from asking someone to make incantations (using ayats of Qur'an) for them, except that we do not know what of that would agree with you.' The Messenger of ,Allah, may Allah bless him and grant him peace, said, 'Make incantations for them. Had anything been able to precede the decree, the evil eye would precede it.' "

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that a mawla of the tribe of Banu Adi called Zabra told him that she had been the wife of a slave when she was a slave-girl. Then she was set free and she sent a message to Hafsa, the wife of the Prophet, may Allah bless him and grant him peace. Hafsa called her and said, "I will tell you something., but I would prefer that you did not act upon it. You have authority over yourself as long as your husband does not have intercourse with you. If he has intercourse with you, you have no authority at all." Therefore she pronounced her divorce from him three times.

'Uwaimir Al-`Ajlani came to `Asim bin `Adi and said, "If a man found another man with his wife and killed him, would you sentence the husband to death (in Qisas,) i.e., equality in punishment)? O `Asim! Please ask Allah's Apostle about this matter on my behalf." `Asim asked the Prophet but the Prophet disliked the question and disapproved of it. `Asim returned and informed 'Uwaimir that the Prophet disliked that type of question. 'Uwaimir said, "By Allah, I will go (personally) to the Prophet." 'Uwaimir came to the Prophet when Allah had already revealed Qur'anic Verses (in that respect), after `Asim had left (the Prophet ). So the Prophet said to 'Uwaimir, "Allah has revealed Qur'anic Verses regarding you and your wife." The Prophet then called for them, and they came and carried out the order of Lian. Then 'Uwaimir said, "O Allah's Apostle! Now if I kept her with me, I would be accused of telling a lie." So 'Uwaimir divorced her although the Prophet did not order him to do so. Later on this practice of divorcing became the tradition of couples involved in a case of Li'an. The Prophet said (to the people). "Wait for her! If she delivers a red short (small) child like a Wahra (a short red animal). then I will be of the opinion that he ('Uwaimir) has told a lie but if she delivered a black big-eyed one with big buttocks, then I will be of the opinion that he has told the truth about her." 'Ultimately she gave birth to a child that proved the accusation. (See Hadith No. 269, Vol. 6)

(who was one of the companions who gave the pledge of allegiance to the Prophet underneath the tree (Al-Hudaibiya)) Allah's Apostle said, "Whoever swears by a religion other than Islam (i.e. if somebody swears by saying that he is a non-Muslim e.g., a Jew or a Christian, etc.) in case he is telling a lie, he is really so if his oath is false, and a person is not bound to fulfill a vow about a thing which he does not possess. And if somebody commits suicide with anything in this world, he will be tortured with that very thing on the Day of Resurrection; And if somebody curses a believer, then his sin will be as if he murdered him; And whoever accuses a believer of Kufr (disbelief), then it is as if he killed him."

A man of Kindah and a man of Hadramawt brought their dispute to the Prophet (saws) about a land in the Yemen. Al-Hadrami said: Messenger of Allah, the father of this (man) usurped my land and it is in his possession.

The Prophet asked: Have you any evidence?

Al-Hadrami replied: No, but I make him swear (that he should say) that he does not know that it is my land which his father usurped from me.

Al-Kindi became ready to take the oath.

The Messenger of Allah (saws) said: If anyone usurps the property by taking an oath, he will meet Allah while his hand is mutilated.

Al-Kindi then said: It is his land.

We were with the Prophet on a journey, and whenever we ascended a high place, we used to say, "Allahu Akbar." The Prophet said, "Don't trouble yourselves too much! You are not calling a deaf or an absent person, but you are calling One Who Hears, Sees, and is very near." Then he came to me while I was saying in my heart, "La hawla wala quwwatta illa billah (There is neither might nor power but with Allah)." He said, to me, "O `Abdullah bin Qais! Say, 'La hawla wala quwwata illa billah (There is neither might nor power but with Allah), for it is one of the treasures of Paradise." Or said, "Shall I tell you of it?"

I witnessed the case of Lian (the case of a man who charged his wife for committing illegal sexual intercourse when I was fifteen years old. The Prophet ordered that they be divorced, and the husband said, "If I kept her, I would be a liar." I remember that Az-Zubair also said, "(It was said) that if that woman brought forth the child with such-and-such description, her husband would prove truthful, but if she brought it with such-and-such description looking like a Wahra (a red insect), he would prove untruthful." I heard Az-Zubair also saying, "Finally she gave birth to a child of description which her husband disliked .

26 Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd alMalik, from Ubada ibn Nusayy from Qays ibn al Harith that Abu Abdullah as-Sunabihi said, "I arrived in Madina in the khalifate of Abu Bakr as-Siddiq, and I prayed maghrib behind him. He recited the umm al Qur'an and two suras from the shorter ones of the mufassal in the first two rakas. Then he stood up in the third and I drew so near to him that my clothes were almost touching his clothes. I heard him reciting the umm al-Qur'an and this ayat, 'Our Lord, do not make our hearts go astray after You have guided us, and give us mercy from Your presence. Surely You are the Giver. ' " (Sura 3 ayat 8)

Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock.

Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan.

Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave Hafsa bint Abd arRahman in marriage to al-Mundhir ibn az-Zubayr while Abd ar-Rahman was away in Syria. When Abd ar-Rahman arrived, he said, "Shall someone like me have this done to him? Am I the kind of man to have something done to him without his consent?" A'isha spoke to al-Mundhir ibn az-Zubayr, and al-Mundhir said, "It is in the hands of Abd ar-Rahman." Abd ar-Rahman said, "I won't oppose something that you have already completed." Hafsa was confirmed with al-Mundhir, and there was no divorce.