The Prophet (along with his companions) reached Mecca in the morning of the fourth of Dhul-Hijja assuming Ihram for Hajj only. So when we arrived at Mecca, the Prophet ordered us to change our intentions of the Ihram for `Umra and that we could finish our Ihram after performing the `Umra and could go to our wives (for sexual intercourse). The people began talking about that. Jabir said surprisingly, "Shall we go to Mina while semen is dribbling from our male organs?" Jabir moved his hand while saying so. When this news reached the Prophet he delivered a sermon and said, "I have been informed that some peoples were saying so and so; By Allah I fear Allah more than you do, and am more obedient to Him than you. If I had known what I know now, I would not have brought the Hadi (sacrifice) with me and had the Hadi not been with me, I would have finished the Ihram." At that Suraqa bin Malik stood up and asked "O Allah's Apostle! Is this permission for us only or is it forever?" The Prophet replied, "It is forever." In the meantime `Ali bin Abu Talib came from Yemen and was saying Labbaik for what the Prophet has intended. (According to another man, `Ali was saying Labbaik for Hajj similar to Allah's Apostle's). The Prophet told him to keep on the Ihram and let him share the Hadi with him.

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. "

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

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

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

Malik spoke to me about a man who wrote a kitaba for his slave for gold or silver and stipulated against him in his kitaba a journey, service, sacrifice or similar, which he specified by its name, and then the mukatab was able to pay all his instalments before the end of the term.

He said, "If he pays all his instalments and he is set free and his inviolability as a free man is complete, but he still has this condition to fulfil, the condition is examined, and whatever involves his person in it, like service or a journey etc., is removed from him and his master has nothing in it. Whatever there is of sacrifice, clothing, or anything that he must pay, that is in the position of dinars and dirhams, and is valued and he pays it along with his instalments, and he is not free until he has paid that along with his instalments."

Malik said, "The generally agreed-on way of doing things among us about which there is no dispute, is that a mukatab is in the same position as a slave whom his master will free after a service of ten years. If the master who will free him dies before ten years, what remains of his service goes to his heirs and his wala' goes to the one who contracted to free him and to his male children or paternal relations."

Malik spoke about a man who stipulated against his mukatab that he could not travel, marry, or leave his land without his permission, and that if he did so without his permission it was in his power to cancel the kitaba. He said, "If the mukatab does any of these things it is not in the man's power to cancel the kitaba. Let the master put that before the Sultan. The mukatab, however, should not marry, travel, or leave the land of his master without his permission, whether or not he stipulates that. That is because the man may write a kitaba for his slave for 100 dinars and the slave may have 1000 dinars or more than that. He goes off and marries a woman and pays her bride-price which sweeps away his money and then he cannot pay. He reverts to his master as a slave who has no property. Or else he may travel and his instalments fall due while he is away. He cannot do that and kitaba is not to be based on that. That is in the hand of his master. If he wishes, he gives him permission in that. If he wishes, he refuses it."

When it was the day of (the battle of) Hunain, the Prophet confronted the tribe of Hawazin while there were ten-thousand (men) besides the Tulaqa' (i.e. those who had embraced Islam on the day of the Conquest of Mecca) with the Prophet. When they (i.e. Muslims) fled, the Prophet said, "O the group of Ansari" They replied, "Labbaik, O Allah's Apostle and Sadaik! We are under your command." Then the Prophet got down (from his mule) and said, "I am Allah's Slave and His Apostle." Then the pagans were defeated. The Prophet distributed the war booty amongst the Tulaqa and Muhajirin (i.e. Emigrants) and did not give anything to the Ansar. So the Ansar spoke (i.e. were dissatisfied) and he called them and made them enter a leather tent and said, Won't you be pleased that the people take the sheep and camels, and you take Allah's Apostle along with you?" The Prophet added, "If the people took their way through a valley and the Ansar took their way through a mountain pass, then I would choose a mountain pass of the Ansar."

While I was standing with Sa`d bin Abi Waqqas, Al-Miswar bin Makhrama came and put his hand on my shoulder. Meanwhile Abu Rafi`, the freed slave of the Prophet came and asked Sa`d to buy from him the (two) dwellings which were in his house. Sa`d said, "By Allah I will not buy them." Al- Miswar said, "By Allah, you shall buy them." Sa`d replied, "By Allah, I will not pay more than four thousand (Dirhams) by installments." Abu Rafi` said, "I have been offered five hundred Dinars (for it) and had I not heard the Prophet saying, 'The neighbor has more right than anyone else because of his nearness, I would not give them to you for four-thousand (Dirhams) while I am offered five-hundred Dinars (one Dinar equals ten Dirhams) for them." So, he sold it to Sa`d.

From his father, from his grandfather Rafi' bin Khadij, who said: "We were with the Messenger of Allah (saws) on a journey, when the hasty people went rushing ahead to the sheep to cook them, while the Messenger of Allah (saws) was in the rear of the people. Then he passed the kettled and ordered that they be weighed, then he distributed it between them and equated a camel to ten sheep."

[Abu 'Eisa said:] Sufyan Ath-Thawri reported it from his father, from 'Abayah, from his grandfather Rafi' bin Khadij, and he did not mention "from his father" in it.

This was narrated to us by Mahmud bin Ghailan (who said:) "Waki' narrated it to us from Sufyan." And this is more correct. 'Abayah bin Rifa'ah heard from his grandfather Rafi' bin Khadij.

He said: There are narrations on this topic from Tha'labah bin Al-Hakam, Anas, Abu Rihanah, Abu Ad-Darda, 'Abdur-Rahman bin Samurah, Zaid bin Khalid, Jabir, Abu Hurairah, and Abu Ayyub.

Abu Dawud said: The solitary point in this tradition (not supported by other traditions) is the report about the signet-ring.

When Khaibar was conquered, Allah's Apostle was presented with a poisoned (roasted) sheep. Allah's Apostle said, "Collect for me all the Jews present in this area." (When they were gathered) Allah's Apostle said to them, "I am going to ask you about something; will you tell me the truth?" They replied, "Yes, O Abal-Qasim!" Allah's Apostle said to them, "Who is your father?" They said, "Our father is so-and-so." Allah's Apostle said, "You have told a lie. for your father is so-and-so," They said, "No doubt, you have said the truth and done the correct thing." He again said to them, "If I ask you about something; will you tell me the truth?" They replied, "Yes, O Abal-Qasim! And if we should tell a lie you will know it as you have known it regarding our father," Allah's Apostle then asked, "Who are the people of the (Hell) Fire?" They replied, "We will remain in the (Hell) Fire for a while and then you (Muslims) will replace us in it" Allah's Apostle said to them. ''You will abide in it with ignominy. By Allah, we shall never replace you in it at all." Then he asked them again, "If I ask you something, will you tell me the truth?" They replied, "Yes." He asked. "Have you put the poison in this roasted sheep?" They replied, "Yes," He asked, "What made you do that?" They replied, "We intended to learn if you were a liar in which case we would be relieved from you, and if you were a prophet then it would not harm you."

Malik related to me from Yahya ibn Said that he heard Muhammad ibn al-Munkadir say, "Allah loves his slave who is generous when he sells, and generous when he buys, generous when he repays, and generous when he is repaid."

Malik said about a man who bought camels or sheep or dry goods or slaves or any goods without measuring precisely, "There is no buying without measuring precisely in anything which can be counted . "

Malik said about a man who gave a man goods to sell for him and set their price saying, "If you sell them for this price as I have ordered you to do, you will have a dinar (or something which he has specified, which they are both satisfied with), if you do not sell them, you will have nothing," "There is no harm in that when he names a price to sell them at and names a known fee. If he sells the goods, he takes the fee, and if he does not sell them, he has nothing."

Malik said, "This is like saying to another man, 'If you capture my runaway slave or bring my stray camel, you will have such-and-such.' This is from the category of reward, and not from the category of giving a wage. Had it been from the category of giving a wage, it would not be good."

Malik said, "As for a man who is given goods and told that if he sells them he will have a named percentage for every dinar, that is not good because whenever he is a dinar less than the price of the goods, he decreases the due which was named for him. This is an uncertain transaction. He does not know how much he will be given."

Khalid ibn Dihqan said: When we were engaged in the battle of Constantinople at Dhuluqiyyah, a man of the people of Palestine, who was one of their nobility and elite and whose rank was known to them, came forward. He was called Hani ibn Kulthum ibn Sharik al-Kinani. He greeted Abdullah ibn Zakariyya who knew his rank.

Khalid said to us: Abdullah ibn AbuZakariyya told us: I heard Umm ad-Darda' say: I heard AbudDarda' say: I heard the Messenger of Allah (saws) say: It is hoped that Allah may forgive every sin, except in the case of one who dies a polytheist, or one who purposely kills a believer.

Hani ibn Kulthum ar-Rabi' then said: I heard Mahmud ibn ar-Rabi' transmitting a tradition from Ubadah ibn as-Samit who transmitted from the Messenger of Allah (saws) who said: If a man kills a believer unjustly, Allah will not accept any action or duty of his, obligatory or supererogatory.

Khalid then said to us: Ibn AbuZakariyya transmitted a tradition to us from Umm ad-Darda' on the authority of AbudDarda' from the Messenger of Allah (saws) who said: A believer will continue to go on quickly and well so long as he does not shed unlawful blood; when he sheds unlawful blood, he becomes slow and heavy-footed.

A similar tradition has been transmitted by Hani ibn Kulthum from Mahmud ibn ar-Rabi' on the authority of Ubadah ibn as-Samit from the Messenger of Allah (saws).

We were with the Prophet in Dhul-Hulaifa and there the people were struck with severe hunger. Then we got camels and sheep as war booty (and slaughtered them). The Prophet was behind all the people. The people hurried and fixed the cooking pots (for cooking) but the Prophet came there and ordered that the cooking pots be turned upside down. Then he distributed the animals, regarding ten sheep as equal to one camel. One of the camels ran away and there were a few horses with the people. They chased the camel but they got tired, whereupon a man shot it with an arrow whereby Allah stopped it. The Prophet said, "Among these animals some are as wild as wild beasts, so if one of them runs away from you, treat it in this way." I said. "We hope, or we are afraid that tomorrow we will meet the enemy and we have no knives, shall we slaughter (our animals) with canes?" The Prophet said, "If the killing tool causes blood to gush out and if Allah's Name is mentioned, eat (of the slaughterer animal). But do not slaughter with a tooth or a nail. I am telling you why: A tooth is a bone, and the nail is the knife of Ethiopians."

Allah's Apostle was informed that I have said: "By Allah, I will fast all the days and pray all the nights as long as I live." On that, Allah's Apostle asked me. "Are you the one who says: 'I will fast all the days and pray all the nights as long as I live?' " I said, "Yes, I have said it." He said, "You cannot do that. So fast (sometimes) and do not fast (sometimes). Pray and sleep. Fast for three days a month, for the reward of a good deed is multiplied by ten time, and so the fasting of three days a month equals the fasting of a year." I said, "O Allah's Apostle! I can do (fast) more than this." He said, "Fast on every third day. I said: I can do (fast) more than that, He said: "Fast on alternate days and this was the fasting of David which is the most moderate sort of fasting." I said, "O Allah's Apostle! I can do (fast) more than that." He said, "There is nothing better than that."

The version of Musaddad has: "the goats (were collected) from the alms," and the tradition reported by 'Amr is complete.

That once he stayed overnight in the house of his aunt, the wife of the Prophet. He added: I lay on the cushion transversely while Allah's Apostle lay along with his wife in the lengthwise direction of cushion. Allah's Apostle slept till the middle of the night, either a bit before or a bit after it, and then woke up rubbing the traces of sleep off his face with his hands, and then recited the last ten Verses of Suratal-`Imran. Then he got up and went to a hanging water skin, performed ablution from it ---- and performed it perfectly. Then he stood up to perform the prayer. I also did the same as he had done and then went to stand beside him. Allah's Apostle put his right hand on my head and held and twisted my right ear. He then offered two rak`at, then two rak`at then two rak`at, then two then two rak`at, then two rak`at, and finally, one rak`a witr. Then lay down again till the Muadhdhin (i.e. the call-maker) came to him, whereupon he got up and offered a light two rak`at prayer and went out (to the Mosque) and offered the (compulsory congregational) Fajr prayer.

That she was married to Sad bin Khaula who was from the tribe of Bani 'Amr bin Luai, and was one of those who fought the Badr battle. He died while she wa pregnant during Hajjat-ul-Wada.' Soon after his death, she gave birth to a child. When she completed the term of deliver (i.e. became clean), she prepared herself for suitors. Abu As-Sanabil bin Bu'kak, a man from the tribe of Bani Abd-ud-Dal called on her and said to her, "What! I see you dressed up for the people to ask you in marriage. Do you want to marry By Allah, you are not allowed to marry unless four months and ten days have elapsed (after your husband's death)." Subai'a in her narration said, "When he (i.e. Abu As-Sanabil) said this to me. I put on my dress in the evening and went to Allah's Apostle and asked him about this problem. He gave the verdict that I was free to marry as I had already given birth to my child and ordered me to marry if I wished."

I heard `Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Alqama bin Waqqas and 'Ubaidullah bin `Abdullah bin `Uqba relating from `Aisha, the wife of the Prophet the narration of the people (i.e. the liars) who spread the slander against her and they said what they said, and how Allah revealed her innocence. Each of them related to me a portion of that narration. (They said that `Aisha said), ''Then Allah revealed the ten Verses starting with:--'Verily! Those who spread the slander..' (24.11-21) All these verses were in proof of my innocence. Abu Bakr As-Siddiq who used to provide for Mistah some financial aid because of his relation to him, said, "By Allah, I will never give anything (in charity) to Mistah, after what he has said about `Aisha" Then Allah revealed:-- 'And let not those among you who are good and are wealthy swear not to give (any sort of help) to their kins men....' (24.22) On that, Abu Bakr said, "Yes, by Allah, I like that Allah should forgive me." and then resumed giving Mistah the aid he used to give him and said, "By Allah! I will never withhold it from him."

‘Asim said : I said : Abu ‘Uthman! Two men testified before you. Who are they? He said : One of them is the one who is first to shoot arrow in the path of Allah or in the path of Islam, that is to say : Sa’d b. Malik. The other is the one came from al-Taif with ten and some men on foot. He then mentioned his excellence.

Abu Dawud said : When al-Nufaili mentioned this tradition, he said : I swear by Allah, this is sweater with me than honey, that is no say, his way transmission.

Abu ‘Ali said : I heard Abu Dawud say : I heard Ahmad say : The people of Kufah have no light in their traditions. I did not see them like the people of Basrah. They learnt it from Shu’bah.

We were in the company of Allah's Apostle and we assumed the state of Ihram of Hajj and arrived at Mecca on the fourth of Dhul-Hijja. The Prophet ordered us to perform the Tawaf around the Ka`ba and (Sa`i) between As-Safa and Al-Marwa and use our lhram just for `Umra, and finish the state of Ihram unless we had our Hadi with us. None of us had the Hadi with him except the Prophet and Talha. `Ali came from Yemen and brought the Hadi with him. `Ali said, 'I had assumed the state of Ihram with the same intention as that with which Allah's Apostle had assumed it. The people said, "How can we proceed to Mina and our male organs are dribbling?" Allah's Apostle said, "If I had formerly known what I came to know latterly, I would not have brought the Hadi, and had there been no Hadi with me, I would have finished my Ihram." Suraqa (bin Malik) met the Prophet while he was throwing pebbles at the Jamrat-Al-`Aqaba, and asked, "O Allah's Apostle! Is this (permitted) for us only?" The Prophet replied. "No, it is forever" `Aisha had arrived at Mecca while she was menstruating, therefore the Prophet ordered her to perform all the ceremonies of Hajj except the Tawaf around the Ka`ba, and not to perform her prayers unless and until she became clean . When they encamped at Al-Batha, `Aisha said, "O Allah's Apostle! You are proceeding after performing both Hajj and `Umra while I am proceeding with Hajj only?" So the Prophet ordered `Abdur-Rahman bin Abu Bakr As-Siddiq to go with her to at-Tan`im, and so she performed the `Umra in Dhul-Hijja after the days of the Hajj.

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

That once he stayed overnight (in the house) of his aunt Maimuna. the wife of the Prophet. He added: I lay on the cushion transversely and Allah's Apostle lay along with his wife in the lengthwise direction of the pillow. Allah's Apostle slept till the middle of the night, either a bit before or a bit after it, and then woke up rubbing the traces of sleep off his face with his hands and then he recited the last ten Verses of Surat-al-`Imran, got up and went to a hanging water skin. He then performed the ablution from it, and it was perfect ablution, and then stood up to offer the prayer. I too did the same as he had done, and then went to stand beside him. Allah's Apostle put his right hand on my head and held and twisted my right ear. He then offered two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at. then two rak`at, and finally one rak`a, the witr. Then he lay down again till the Muadhdhin (i.e. the call-maker) came to him, whereupon he got up and offered a light two-rak`at prayer, and went out (to the Mosque) and offered the (compulsory congregational) Fajr prayer.

That he stayed overnight in the house of Maimuna the wife of the Prophet, his aunt. He added : I lay on the bed (cushion transversally) while Allah's Apostle and his wife lay in the lengthwise direction of the cushion. Allah's Apostle slept till the middle of the night, either a bit before or a bit after it and then woke up, rubbing the traces of sleep off his face with his hands. He then, recited the last ten verses of Sura Al-`Imran, got up and went to a hanging water-skin. He then Performed the ablution from it and it was a perfect ablution, and then stood up to offer the prayer. I, too, got up and did as the Prophet had done. Then I went and stood by his side. He placed his right hand on my head and caught my right ear and twisted it. He prayed two rak`at then two rak`at and two rak`at and then two rak`at and then two rak`at and then two rak`at (separately six times), and finally one rak`a (the witr). Then he lay down again in the bed till the Mu'adh-dhin came to him where upon the Prophet got up, offered a two light rak`at prayer and went out and led the Fajr prayer.

Allah's Apostle entered upon me and said, "Have I not been informed that you offer prayer all the night and fast the whole day?" I said, "Yes." He said, "Do not do so; Offer prayer at night and also sleep; Fast for a few days and give up fasting for a few days because your body has a right on you, and your eye has a right on you, and your guest has a right on you, and your wife has a right on you. I hope that you will have a long life, and it is sufficient for you to fast for three days a month as the reward of a good deed, is multiplied ten times, that means, as if you fasted the whole year." I insisted (on fasting more) so I was given a hard instruction. I said, "I can do more than that (fasting)" The Prophet said, "Fast three days every week." But as I insisted (on fasting more) so I was burdened. I said, "I can fast more than that." The Prophet said, "Fast as Allah's prophet David used to fast." I said, "How was the fasting of the prophet David?" The Prophet said, "One half of a year (i.e. he used to fast on alternate days). '

`Abdullah bin `Abbas said that he had passed a night in the house of Maimuna the mother of the faithful believers , who was his aunt. He said, "I slept across the bed, and Allah's Apostle along with his wife slept lengthwise. Allah's Apostle slept till midnight or slightly before or after it. Then Allah's Apostle woke up, sat, and removed the traces of sleep by rubbing his hands over his face. Then he recited the last ten verses of Surat-Al `Imran (2). Then he went towards a hanging leather watercontainer and performed a perfect ablution and then stood up for prayer." `Abdullah bin `Abbas added, "I got up and did the same as Allah's Apostle had done and then went and stood by his side. Allah's Apostle then put his right hand over my head and caught my right ear and twisted it. He offered two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at and then offered one rak`a witr. Then he lay down till the Mu'adh-dhin came and then he prayed two light rak`at and went out and offered the early morning (Fajr) prayer."

Allah's Apostle said to me, "O `Abdullah! Have I not been informed that you fast during the day and offer prayers all the night." `Abdullah replied, "Yes, O Allah's Apostle!" The Prophet said, "Don't do that; fast for few days and then give it up for few days, offer prayers and also sleep at night, as your body has a right on you, and your wife has a right on you, and your guest has a right on you. And it is sufficient for you to fast three days in a month, as the reward of a good deed is multiplied ten times, so it will be like fasting throughout the year." I insisted (on fasting) and so I was given a hard instruction. I said, "O Allah's Apostle! I have power." The Prophet said, "Fast like the fasting of the Prophet David and do not fast more than that." I said, "How was the fasting of the Prophet of Allah, David?" He said, "Half of the year," (i.e. he used to fast on every alternate day). Afterwards when `Abdullah became old, he used to say, "It would have been better for me if I had accepted the permission of the Prophet (which he gave me i.e. to fast only three days a month).

My grandfather, Rafi` bin Khadij said, "We were in the valley of Dhul-Hulaifa of Tuhama in the company of the Prophet and had some camels and sheep (of the booty). The people hurried (in slaughtering the animals) and put their meat in the pots and started cooking. Allah's Apostle came and ordered them to upset the pots, and distributed the booty considering one camel as equal to ten sheep. One of the camels fled and the people had only a few horses, so they got worried. (The camel was chased and) a man slopped the camel by throwing an arrow at it. Allah's Apostle said, 'Some of these animals are untamed like wild animals, so if anyone of them went out of your control, then you should treat it as you have done now.' " My grandfather said, "O Allah's Apostle! We fear that we may meet our enemy tomorrow and we have no knives, could we slaughter the animals with reeds?" The Prophet said, "Yes, or you can use what would make blood flow (slaughter) and you can eat what is slaughtered and the Name of Allah is mentioned at the time of slaughtering. But don't use teeth or fingernails (in slaughtering). I will tell you why, as for teeth, they are bones, and fingernails are used by Ethiopians for slaughtering. (See Hadith 668)

My grandfather, Rafi` said, "We were in the company of the Prophet at DhulHulaifa, and the people suffered from hunger. We got some camels and sheep (as booty) and the Prophet was still behind the people. They hurried and put the cooking pots on the fire. (When he came) he ordered that the cooking pots should be upset and then he distributed the booty (amongst the people) regarding ten sheep as equal to one camel then a camel fled and the people chased it till they got tired, as they had a few horses (for chasing it). So a man threw an arrow at it and caused it to stop (with Allah's Permission). On that the Prophet said, 'Some of these animals behave like wild beasts, so, if any animal flee from you, deal with it in the same way." My grandfather asked (the Prophet ), "We hope (or are afraid) that we may meet the enemy tomorrow and we have no knives. Can we slaughter our animals with canes?" Allah's Apostle replied, "If the instrument used for killing causes the animal to bleed profusely and if Allah's Name is mentioned on killing it, then eat its meat (i.e. it is lawful) but won't use a tooth or a nail and I am telling you the reason: A tooth is a bone (and slaughtering with a bone is forbidden ), and a nail is the slaughtering instrument of the Ethiopians."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."

Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."

Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

Malik related to me from Yazid ibn Abdullah ibn al-Hadi from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Sulayman ibn Yasar from Abdullah ibn Abi Umayya that a woman's husband died, and she did the idda of four months and ten days. Then she married when she was free to marry. She stayed with her husband for four and a half months, then gave birth to a fully developed child. Her husband went to Umar ibn al-Khattab and mentioned that to him, so Umar called some of the old women of the Jahiliyya and asked them about that. One of the women said, "I will tell you what happened with this woman. When her husband died, she was pregnant by him, but then the blood flowed from her because of his death and the child became dry in her womb. When her new husband had intercourse with her and the water reached the child, the child moved in the womb and grew." Umar ibn al-Khattab believed her and separated them (until she had completed her idda). Umar said, "Only good has reached me about you two," and he connected the child to the first husband.

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

The Prophet said, "The people were displayed in front of me and I saw one prophet passing by with a large group of his followers, and another prophet passing by with only a small group of people, and another prophet passing by with only ten (persons), and another prophet passing by with only five (persons), and another prophet passed by alone. And then I looked and saw a large multitude of people, so I asked Gabriel, "Are these people my followers?' He said, 'No, but look towards the horizon.' I looked and saw a very large multitude of people. Gabriel said. 'Those are your followers, and those are seventy thousand (persons) in front of them who will neither have any reckoning of their accounts nor will receive any punishment.' I asked, 'Why?' He said, 'For they used not to treat themselves with branding (cauterization) nor with Ruqya (get oneself treated by the recitation of some Verses of the Qur'an) and not to see evil omen in things, and they used to put their trust (only) in their Lord." On hearing that, 'Ukasha bin Mihsan got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, "O Allah, make him one of them." Then another man got up and said (to the Prophet), "Invoke Allah to make me one of them." The Prophet said, 'Ukasha has preceded you."

My grandfather said, "We were in the company of the Prophet at Dhul-Hulaifa. The people felt hungry and captured some camels and sheep (as booty). The Prophet was behind the people. They hurried and slaughtered the animals and put their meat in pots and started cooking it. (When the Prophet came) he ordered the pots to be upset and then he distributed the animals (of the booty), regarding ten sheep as equal to one camel. One of the camels fled and the people ran after it till they were exhausted. At that time there were few horses. A man threw an arrow at the camel, and Allah stopped the camel with it. The Prophet said, "Some of these animals are like wild animals, so if you lose control over one of these animals, treat it in this way (i.e. shoot it with an arrow)." Before distributing them among the soldiers my grandfather said, "We may meet the enemies in the future and have no knives; can we slaughter the animals with reeds?" The Prophet said, "Use whatever causes blood to flow, and eat the animals if the name of Allah has been mentioned on slaughtering them. Do not slaughter with teeth or fingernails and I will tell you why: It is because teeth are bones (i.e. cannot cut properly) and fingernails are the tools used by the Ethiopians (whom we should not imitate for they are infidels).

Malik spoke about a mudabbar who said to his master, "Free me immediately and I will give fifty dinars which I will have to pay in instalments." His master said, "Yes. You are free and you must pay fifty dinars, and you will pay me ten dinars every year." The slave was satisfied with this. Then the master dies one, two or three days after that. He said, "The freeing is confirmed and the fifty dinars become a debt against him. His testimony is permitted, his inviolability as a free man is confirmed, as are his inheritance and his liability to the full hudud punishments. The death of his master, however, does not reduce the debt for him at all."

Malik said that if a man who made his slave a mudabbar died and he had some property at hand and some absent property, and in the property at hand there was not enough (in the third he was allowed to bequeath) to cover the value of the mudabbar, the mudabbar was kept there together with this property, and his tax (kharaj) was gathered until the master's absent property was clear. Then if a third of what his master left would cover his value, he was freed with his property and what had gathered of his tax. If there was not enough to cover his value in what his master had left, as much of him was freed as the third would allow, and his property was left in his hands.

She said: The Messenger of Allah (saws) replied: Yes. She said: I came out, and when I was in the apartment or in the mosque, he called for me, or he commanded (someone to call me) and, therefore, I was called.

He said: what did you say? So I repeated my story which I had already mentioned about my husband. Thereupon he said: Stay in your house till the term lapses. She said:

So I passed my waiting period in it (her house) for four months and ten days. When Uthman ibn Affan became caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly.

Allah's Apostle sent us who were three-hundred riders under the command of Abu Ubaida bin Al- Jarrah in order to watch the caravan of the Quraish pagans. We stayed at the seashore for half a month and were struck with such severe hunger that we ate even the Khabt (i.e. the leaves of the Salam, a thorny desert tree), and because of that, the army was known as Jaish-ul-Khabt. Then the sea threw out, an animal (i.e. a fish) called Al-`Anbar and we ate of that for half a month, and rubbed its fat on our bodies till our bodies returned to their original state (i.e. became strong and healthy). Abu Ubaida took one of its ribs, fixed it on the ground; then he went to the tallest man of his companions (to let him pass under the rib). Once Sufyan said, "He took a rib from its parts and fixed it, and then took a man and camel and they passed from underneath it (without touching it). " Jabir added: There was a man amongst the people who slaughtered three camels and then slaughtered another three camels and then slaughtered other three camels, and then Abu 'Ubaida forbade him to do so. Narrated Abu Salih: Qais bin Sa`d said to his father. "I was present in the army and the people were struck with severe hunger." He said, "You should have slaughtered (camels) (for them)." Qais said, "I did slaughter camels but they were hungry again. He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again but the people felt hungry again." He said, "You should have slaughtered (camels) again." Qais said, "I did slaughter (camels) again, but the people again felt hungry." He said, "You should have slaughtered (camels) again." Qais said, "But I was forbidden (by Abu 'Ubaida this time).

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).

Abu Dawud said: In this tradition Ma’mar on the authority of al-Zuhrl said: The words “wa la yun iyannaka” instead of “wa la yuthniyannaka,” with the same meaning: “it may not distract you” salih b. Kaisan on the authority of al-Zurhrl said in this tradition the words “al-mushtaharat” (well-know things). He also said the word “La yuthniyannaka” as ‘Uqail mentioned. Ibn ishaq, on the authority of al-Zuhri, said: Yes, if you are doubtful about the speech of a scholar until you say: WHAT did he mean by this word?

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

`Abdullah bin Az-Zubair was the most beloved person to `Aisha excluding the Prophet and Abu Bakr, and he in his turn, was the most devoted to her, `Aisha used not to withhold the money given to her by Allah, but she used to spend it in charity. (`Abdullah) bin AzZubair said, " `Aisha should be stopped from doing so." (When `Aisha heard this), she said protestingly, "Shall I be stopped from doing so? I vow that I will never talk to `Abdullah bin Az-Zubair." On that, Ibn Az-Zubair asked some people from Quraish and particularly the two uncles of Allah's Apostle to intercede with her, but she refused (to talk to him). Az-Zuhriyun, the uncles of the Prophet, including `Abdur-Rahman bin Al-Aswad bin `Abd Yaghuth and Al-Miswar bin Makhrama said to him, "When we ask for the permission to visit her, enter her house along with us (without taking her leave)." He did accordingly (and she accepted their intercession). He sent her ten slaves whom she manumitted as an expiation for (not keeping) her vow. `Aisha manumitted more slaves for the same purpose till she manumitted forty slaves. She said, "I wish I had specified what I would have done in case of not fulfilling my vow when I made the vow, so that I might have done it easily."

Zaynab said, "I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! My daughter's husband died, and her eyes are troubling her, can she put kohl on them?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No' two or three times. Then he said, 'It is only four months and ten days. In the Jahiliyya, none of you threw away the piece of dung until a year had passed.' "

Humayd ibn Nafi said, "I asked Zaynab to explain what 'throwing away the piece of dung at the end of a year' meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal - a donkey, a sheep, or a bird, and she would break her idda with it, by rubbing her body against it (taftaddu). Rarely did she break her idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.' "

Malik explained, 'Taftaddu' means to wipe her skin with it in the same way as with a healing charm."

Malik related to me that he had heard that Abdullah ibn Masud used to relate that the Messenger of Allah, may Allah bless him and grant him peace, said, "When two parties dispute about a business transaction, the seller's word is taken, or they make an agreement among themselves.

Malik spoke about someone who sold goods to a man, and said at the contracting of the sale, 'I will sell to you provided I consult so-and-so. If he is satisfied, the sale is permitted. If he dislikes it, there is no sale between us.' They made the transaction on that basis. Then the buyer regretted before the seller consulted the person.

Malik said, "That sale is binding on them according to what they described. The buyer has no right of withdrawal, and it is binding on him, if the person whom the seller stipulated to him, permits it."

Malik said, "The way of doing things among us about a man who buys goods from another and they differ about the price, and the seller says, 'I sold them to you for ten dinars,' and the buyer says, 'I bought them from you for five dinars,' is that it is said to the seller, 'If you like, give them to the buyer for what he said. If you like, swear by Allah that you only sold your goods for what you said.' If he swears it is said to the buyer, 'Either you take the goods for what the seller said, or you swear by Allah that you bought them only for what you said.' If he swears, he is free to return the goods. That is when each of them testifies against the other."

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."