That the Messenger of Allah (saws) said: "Do not sell the (slave) female singers, not purchase them, nor teach them (to sing). And there is no good in trading in them, and their prices are unlawful. It was about the likes of this that this Ayah was revealed: And among mankind is he who purchases idle talk to divert from the way of Allah."

[He said:] There is narration about this from 'Umar bin Al-Khattab.

[Abu 'Eisa said:] We only know of the Hadith of Abu Umamah, like this, from this route. Some of the people of knowledge have criticized 'Ali bin Yazid (one of the narrators) and graded him weak, and he is from Ash-Sham.

A man came to Allah's Apostle while he was in the mosque, and he called him, saying, "O Allah's Apostle! I have committed illegal sexual intercourse.'" The Prophet turned his face to the other side, but that man repeated his statement four times, and after he bore witness against himself four times, the Prophet called him, saying, "Are you mad?" The man said, "No." The Prophet said, "Are you married?" The man said, "Yes." Then the Prophet said, 'Take him away and stone him to death." Jabir bin `Abdullah said: I was among the ones who participated in stoning him and we stoned him at the Musalla. When the stones troubled him, he fled, but we over took him at Al-Harra and stoned him to death.

At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names You still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.' "

`Umar used to admit me (into his house) along with the old men who had fought in the Badr battle. Some of them said (to `Umar), "Why do you allow this young man to enter with us, while we have sons of his own age? " `Umar said, "You know what person he is." One day `Umar called them and called me along with them, I had thought he called me on that day to show them something about me (i.e. my knowledge). `Umar asked them, "What do you say about (the Sura): "When comes the help of Allah and the Conquest (of Mecca) And you see mankind entering the Religion of Allah (i.e. Islam) in crowds. 'So celebrate the Praises Of your Lord and ask for His forgiveness, Truly, He is the One Who accepts repentance and forgives." (110.1-3) Some of them replied, "We are ordered to praise Allah and repent to Him if we are helped and granted victory." Some said, "We do not know." Others kept quiet. `Umar then said to me, "Do you say similarly?" I said, "No." `Umar said "What do you say then?" I said, "This Verse indicates the approaching of the death of Allah's Apostle of which Allah informed him. When comes the help of Allah and the Conquest, i.e. the Conquest of Mecca, that will be the sign of your Prophet's) approaching death, so testify the uniqueness of your Lord (i.e. Allah) and praise Him and repent to Him as He is ready to forgive." On that, `Umar said, "I do not know about it anything other than what you know."

Messenger of Allah, appoint me the leader of the tribe in prayer. He said: You are their leader, but you should follow on who is the weakest of them: and appoint a mu'adhdhin who does not charge for the calling of adhan.

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

The People of Sham taunted `Abdullah bin Az-Zubair by calling him "The son of Dhatin-Nataqain" (the woman who has two waist-belts). (His mother) (Asma, said to him, "O my son! They taunt you with "Nataqain". Do you know what the Nataqain were? That was my waist-belt which I divided in two parts. I tied the water skin of Allah's Apostle with one part, and with the other part I tied his food container."

`AbdurRahman bin Abza said, "Ask Ibn `Abbas about these two Qur'anic Verses: 'Nor kill such life as Allah has made sacred, Except for just cause.' (25.168) "And whoever kills a believer intentionally, his recompense is Hell. (4.93) So I asked Ibn `Abbas who said, "When the Verse that is in Sura-al-Furqan was revealed, the pagans of Mecca said, 'But we have slain such life as Allah has made sacred, and we have invoked other gods along with Allah, and we have also committed fornication.' So Allah revealed:-- 'Except those who repent, believe, and do good-- (25.70) So this Verse was concerned with those people. As for the Verse in Surat-an-Nisa (4-93), it means that if a man, after understanding Islam and its laws and obligations, murders somebody, then his punishment is to dwell in the (Hell) Fire forever." Then I mentioned this to Mujahid who said, "Except the one who regrets (one's crime) . "

Yahya related to me from Malik that he had asked Ibn Shihab about the word of Allah, the Majestic, the Mighty, "O you who accept, when the call is made for the prayer on the day of jumua, make haste to the remembrance of Allah."(Sura 62 ayat 9). Ibn Shihab said, ''Umar ibn al-Khattab used to recite, 'When the call is made for the prayer on the day of jumua, go to the remembrance of Allah.' "

Malik said, "Making haste in the Book of Allah is only deed and action. Allah the Blessed, the Exalted, says 'and when he turns away, he acts in the land' (Sura 2 ayat 205), and He, the Exalted, said, 'and as for the one who comes to you acting with fear' (Sura 80 ayat 8), and He said, 'then he turned his back, and acted' (Sura 79 ayat 22),and He said, 'Your deeds are diverse' " (Sura 92 ayat 4). Malik said, "Thus making haste which Allah mentions in His Book is not running on the feet or exertion. It only means deed and actions."

Ibn 'Umar reported that 'Umar had a daughter who was called 'Asiya. Allah's Messenger (may peace be upon him) gave her the name of Jamila.

Yahya related to me from Malik that Ibn Shihab used to say, "When a man catches the raka he says, 'Allah is greater' once, and that takbir is enough for him."

Malik added, "That is if he intended to begin the prayer by that takbir "

Malik was asked about a man who began with the imam but forgot the opening takbir and the takbir of the ruku until he had done one raka. Then he remembered that he had not said the takbir at the opening nor in the ruku,so he said the takbir in the second raka. He said, "I prefer that he start his prayer again, but if he forgets the opening takbir with the imam and says the takbir in the first ruku, I consider that enough for him if he intends by it the opening takbir."

Malik said, about some one who prayed by himself and forgot the opening takbir, "He begins his prayer afresh ."

Malik said, about an imam who forgot the opening takbir until he had finished his prayer, "I think that he should do the prayer again, and those behind him, even if they have said the takbir."

Bilal made a call to prayer before the break of dawn; the Prophet (saws), therefore, commanded him to return and make a call: Lo! the servant of Allah (i.e. I) had slept (hence this mistake).

The version of Musa has the addition: He returned and made a call: Lo! the servant of Allah had slept.

Abu Dawud said: This tradition has been narrated by al-Darawardi from 'Ubaid Allah on the authority of Ibn 'Umar saying: There was a mu'adhdhin of 'Umar, named Mas'ud. He then narrated the rest of the tradition. This version is more correct than that one.

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

'Amr bin Shu'aib narrated to us, saying: My father narrated to me from his father' until he mentioned 'Abdullah bin 'Amr: "The Messenger of Allah (saws) said: 'It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

[Abu 'Eisa said:] The Hadith of Hakim bin Hizam is a Hasan Hadith, it has been reported from him through other routes. Ayyub As-Sakhtiyani and Abu Bishr report from Yusuf bin Mahak, from Hakim bin Hizam.

[Abu 'Eisa said:] 'Awf and Hisham bin Hassan reported this Hadith from Ibn Sirin, from Hakim bin Hizam from the Prophet (saws). And this is a Mursal Hadith. Ibn Sirin only reported it from Ayyub As-Sikhtiyani from Yusuf bin Mahak, from Hakim bin Hizam like this.

The Prophet (saws) said: A man called al-Harith ibn Harrath will come forth from Ma Wara an-Nahr. His army will be led by a man called Mansur who will establish or consolidate things for Muhammad's family as Quraysh consolidated them for the Messenger of Allah (saws). Every believer must help him, or he said: respond to his sermons.

While we were returning from a Ghazwa (Holy Battle) with the Prophet, I started driving my camel fast, as it was a lazy camel A rider came behind me and pricked my camel with a spear he had with him, and then my camel started running as fast as the best camel you may see. Behold! The rider was the Prophet himself. He said, 'What makes you in such a hurry?" I replied, I am newly married " He said, "Did you marry a virgin or a matron? I replied, "A matron." He said, "Why didn't you marry a young girl so that you may play with her and she with you?" When we were about to enter (Medina), the Prophet said, "Wait so that you may enter (Medina) at night so that the lady of unkempt hair may comb her hair and the one whose husband has been absent may shave her pubic region.

I used to sit with Ibn 'Abbas and he made me sit on his sitting place. He requested me to stay with him in order that he might give me a share from his property. So I stayed with him for two months. Once he told (me) that when the delegation of the tribe of 'Abdul Qais came to the Prophet, the Prophet asked them, "Who are the people (i.e. you)? (Or) who are the delegate?" They replied, "We are from the tribe of Rabi'a." Then the Prophet said to them, "Welcome! O people (or O delegation of 'Abdul Qais)! Neither will you have disgrace nor will you regret." They said, "O Allah's Apostle! We cannot come to you except in the sacred month and there is the infidel tribe of Mudar intervening between you and us. So please order us to do something good (religious deeds) so that we may inform our people whom we have left behind (at home), and that we may enter Paradise (by acting on them)." Then they asked about drinks (what is legal and what is illegal). The Prophet ordered them to do four things and forbade them from four things. He ordered them to believe in Allah Alone and asked them, "Do you know what is meant by believing in Allah Alone?" They replied, "Allah and His Apostle know better." Thereupon the Prophet said, "It means:

1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle.

2. To offer prayers perfectly

3. To pay the Zakat (obligatory charity)

4. To observe fast during the month of Ramadan.

5. And to pay Al-Khumus (one fifth of the booty to be given in Allah's Cause).

Then he forbade them four things, namely, Hantam, Dubba,' Naqir Ann Muzaffat or Muqaiyar; (These were the names of pots in which Alcoholic drinks were prepared) (The Prophet mentioned the container of wine and he meant the wine itself). The Prophet further said (to them): "Memorize them (these instructions) and convey them to the people whom you have left behind."

Note: The majority of scholars interpret this to mean that these things in and of themselves do not transmit or cause harm through supernatural or hidden means but that Allah is ultimately in control and any fearful superstition around these is false.

I intended to ask `Umar about those two ladies who back each other against 'Allah's Apostle . For one year I was seeking the opportunity to ask this question, but in vain, until once when I accompanied him for Hajj. While we were in Zahran, `Umar went to answer the call of nature and told me to follow him with some water for ablution. So I followed him with a container of water and started pouring water for him. I found it a good opportunity to ask him, so I said, "O chief of the Believers! Who were those two ladies who had backed each other (against the Prophet)?" Before I could complete my question, he replied, "They were `Aisha and Hafsa."

The Prophet (saws) said: The place of assembly of the Muslims at the time of the war will be in al-Ghutah near a city called Damascus, one of the best cities in Syria.

The Verse of Hajj-at-Tamatu was revealed in Allah's Book, so we performed it with Allah's Apostle, and nothing was revealed in Qur'an to make it illegal, nor did the Prophet prohibit it till he died. But the man (who regarded it illegal) just expressed what his own mind suggested.

We went out in a campaign and the army was called The Army of the Khabt, and Abu 'Ubaida was our commander. We were struck with severe hunger. Then the sea threw a huge dead fish called Al- `Anbar, the like of which had never been seen. We ate of it for half a month, and then Abu 'Ubaida took one of its bones (and made an arch of it) so that a rider could easily pass under it.

Regarding the Holy Verse: "Those who responded (To the call) of Allah And the Apostle (Muhammad), After being wounded, For those of them Who did good deeds And refrained from wrong, there is a great reward." (3.172) She said to `Urwa, "O my nephew! Your father, Az-Zubair and Abu Bakr were amongst them (i.e. those who responded to the call of Allah and the Apostle on the day (of the battle of Uhud). When Allah's Apostle, suffered what he suffered on the day of Uhud and the pagans left, the Prophet was afraid that they might return. So he said, 'Who will go on their (i.e. pagans') track?' He then selected seventy men from amongst them (for this purpose)." (The sub-narrator added, "Abu Bakr and Az- Zubair were amongst them.")

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.

I bought Barirah but her masters put the condition that her Wala' would be for them. I told the Prophet about it. He said (to me), "Manumit (free) her as her Wala' will be for the one who pays the price." So, I manumitted (freed) her. The Prophet called Barirah and gave her the option of either staying with her husband or leaving him. She said, "Even if he gave me so much money, I would not stay with him," and so she preferred her freedom to her husband.

I heard the Messenger of Allah (saws) say: There were two men among Banu Isra'il, who were striving for the same goal. One of them would commit sin and the other would strive to do his best in the world. The man who exerted himself in worship continued to see the other in sin.

He would say: Refrain from it. One day he found him in sin and said to him: Refrain from it.

He said: Leave me alone with my Lord. Have you been sent as a watchman over me? He said: I swear by Allah, Allah will not forgive you, nor will he admit you to Paradise. Then their souls were taken back (by Allah), and they met together with the Lord of the worlds.

He (Allah) said to this man who had striven hard in worship; Had you knowledge about Me or had you power over that which I had in My hand? He said to the man who sinned: Go and enter Paradise by My mercy. He said about the other: Take him to Hell.

AbuHurayrah said: By Him in Whose hand my soul is, he spoke a word by which this world and the next world of his were destroyed.

Moosa bin Wardan narrated from Sa`eed bin al-Musayyab from ‘Uthman bin `Affan (رضي الله عنه)... and he mentioned a similar report.

When the adhan for the dawn prayer was initially introduced, the Prophet (saws) commanded me to call the adhan and I did so. Then I began to ask: Should I utter iqamah, Messenger of Allah? But he began to look at the direction of the east, (waiting) for the break of dawn, and said: No.

When the dawn broke, he came down and performed ablution and he then turned to me. In the meantime his Companions joined him. Then Bilal wanted to utter the iqamah, but the Prophet (saws) said to him: The man of Suda' has called the adhan, and he who calls the adhan utters the iqamah.

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet made a treaty, and neither did the Prophet fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

When the Verse:-- "Not equal are those of the believers who sit (at home)" (4.95) was revealed, Allah Apostle called for Zaid who wrote it. In the meantime Ibn Um Maktum came and complained of his blindness, so Allah revealed: "Except those who are disabled (by injury or are blind or lame..." etc.) (4.95)

The verse "If a man kills a believer intentionally, his recompense is Hell to abide therein for ever" was revealed six months after the verse "And those who invoke not with Allah any other god, nor slay such life as Allah has made sacred, except for just cause in Surat al-Furqan.

Abu Hudhaifa bin `Utba bin Rabi`a bin `Abdi Shams who had witnessed the battle of Badr along with the Prophet adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin `Utba bin Rabi`a; and Salim was the freed slave of an Ansar woman, just as the Prophet had adopted Zaid as his son. It was the custom in the Pre-lslamic Period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: 'Call them by (the names of) their fathers . . . your freed-slaves,' (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and your brother in religion. Later on Sahla bint Suhail bin `Amr Al-Quraishi Al-`Amiri-- and she was the wife of Abu- Hudhaifa bin `Utba--came to the Prophet and said, "O Allah's Apostle! We used to consider Salim as our (adopted) son, and now Allah has revealed what you know (regarding adopted sons)." The sub-narrator then mentioned the rest of the narration.

The Messenger of Allah (saws) retired to the mosque. He heard them (the people) reciting the Qur'an in a loud voice. He removed the curtain and said: Lo! every one of you is calling his Lord quietly. One should not trouble the other and one should not raise the voice in recitation or in prayer over the voice of the other.

"One night Allah's Apostle led us in the `Isha' prayer and that is the one called Al-`Atma [??] by the people. After the completion of the prayer, he faced us and said, "Do you know the importance of this night? Nobody present on the surface of the earth tonight will be living after one hundred years from this night." (See Hadith No. 575).