Yahya related to me from Malik that Yahya ibn Said said that Amra bint Abd ar-Rahman told him that she had heard A'isha, umm al-muminin, saying, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, when there were five nights left in Dhu'l-Qada and we assumed that we must be setting out for hajj. When we got near to Makka, the Messenger of Allah, may Allah bless him and grant him peace, told everyone that did not have a sacrificial animal with them to leave ihram after they had done tawaf of the House and say between Safa and Marwa."

A'isha added, "We were sent some beef on the day of sacrifice. I asked what it was and they said that the Messenger of Allah, may Allah bless him and grant him peace, had sacrificed for his wives."

Yahya ibn Said said, "I mentioned this hadith to Qasim ibn Muhammad and he said, 'She has given you the complete hadith, by Allah.' "

Yahya related to me from Malik from Sadaqa ibn Yasar al-Makki that a man from the people of Yemen, who had his hair braided, came to Abdullah ibn Umar and said, "Abu Abd arRahman, I have come to do just umra. ''Abdullah ibn Umar said to him, "If I had been with you or you had asked me I would have told you to do hajj and umra together." The Yemeni answered, "I am doing what I am doing," and Abdullah ibn Umar said to him, "Cut off the locks that are hanging from your head and offer a sacrificial animal." A woman from Iraq said, "What should his sacrificial animal be, Abu Abd ar-Rahman?" and he said, "His sacrificial animal?" and she said to him, "What should his sacrificial animal be?" Abdullah ibn Umar said, "If I could only find a sheep to sacrifice, I would prefer to do that than to fast."

Allah's Apostle said, "(The Prophet) Moses was a shy person and used to cover his body completely because of his extensive shyness. One of the children of Israel hurt him by saying, 'He covers his body in this way only because of some defect in his skin, either leprosy or scrotal hernia, or he has some other defect.' Allah wished to clear Moses of what they said about him, so one day while Moses was in seclusion, he took off his clothes and put them on a stone and started taking a bath. When he had finished the bath, he moved towards his clothes so as to take them, but the stone took his clothes and fled; Moses picked up his stick and ran after the stone saying, 'O stone! Give me my garment!' Till he reached a group of Bani Israel who saw him naked then, and found him the best of what Allah had created, and Allah cleared him of what they had accused him of. The stone stopped there and Moses took and put his garment on and started hitting the stone with his stick. By Allah, the stone still has some traces of the hitting, three, four or five marks. This was what Allah refers to in His Saying:-- "O you who believe! Be you not like those Who annoyed Moses, But Allah proved his innocence of that which they alleged, And he was honorable In Allah's Sight." (33.69)

Yahya related to me from Malik, from 'Abdullah ibn Abi Bakr ibn Muhammad, that Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi Sufyan once wrote to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, saying, "'Abdullah ibn Abbas said that whatever was haram for some one doing hajj was also haram for some one who sent a sacrificial animal until the animal was sacrificed. I have sent one, so write and tell me what you say about this, or tell the man in charge of the animal what to do.

Amra said that A'isha said, "It is notas Ibn Abbas has said. I once plaited the garlands for the sacrificial animal of the Messenger of Allah, may Allah bless him and grant him peace, with my own two hands. Then after that the Messenger of Allah, may Allah bless him and grant him peace, himself put the garlands on the animal and then sent it with my father. And there was nothing that Allah had made halal forthe Messenger of Allah, may Allah bless him and grant him peace, that was haram for him until such time as the animal had been sacrificed."

Yahya related to me from Malik from Ibn Shihab that Abu Ubayd, the mawla of Ibn Azhar said, "I was present at an id with Umar ibn al- Khattab. He prayed, and then after he had prayed he gave a khutba to the people and said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade fasting on these two days - the day you break your fast (after Ramadan), and the day you eat from your sacrifice (after Hajj) .' "

Abu Ubaydcontinued,"Then I was present at an id with Uthman ibn Affan. He came and prayed, and when he had finished he gave a khutba and said, 'Two ids have been joined together for you on this day of yours. If any of the people of al-Aliyya (the hills outlying Madina) want to wait for the jumua they can do so, and if any of them want to return, I have given them permission.' Abu Ubayd continued, "Then I was present at an id with AIi ibn Abi Talib (at the time when Uthman was being detained). He came and prayed, and then after he had prayed he gave a khutba."

[Al-Bukhari].

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

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

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

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

Another chain reports a similar narration.

I went out along with my father during the hajj performed by the Messenger of Allah (saws). I saw the Messenger of Allah (saws). My father came near him; he was riding his she-camel. He stopped there and listened to him. He had a whip like the whip of the teachers. I heard the Bedouin and the people saying: Keep away from the whip. My father came up to him. He caught hold of his foot and acknowledged him (his Prophethood). He stopped and listened to him.

He then said: I participated in the army of Athran (in the pre-Islamic days).

The narrator, Ibn al-Muthanna, said: Army of Gathran. Tariq ibn al-Muraqqa' said: Who will give me a lance and get a reward?

I asked: What is its reward? He replied: I shall marry him to my first daughter born to me. So I gave him my lance and then disappeared from him till I knew that a daughter was born to him and she came of age.

I then came to him and said: Send my wife to me. He swore that he would not do that until I fixed a dower afresh other than that agreed between me and him, and I swore that I should not give him the dower other than that I had given him before.

The Messenger of Allah (saws) said: How old is she now?

He said: She has grown old. He said: I think you should leave her. He said: This put awe and fear into me, and I looked at the Messenger of Allah (saws).

When he felt this in me, he said: You will not be sinful, nor will your companion be sinful.

Abu Dawud said: Qatir means old age.

One day while Allah's Apostle was sitting with the people, a man came to him walking and said, "O Allah's Apostle. What is Belief?" The Prophet said, "Belief is to believe in Allah, His Angels, His Books, His Apostles, and the meeting with Him, and to believe in the Resurrection." The man asked, "O Allah's Apostle What is Islam?" The Prophet replied, "Islam is to worship Allah and not worship anything besides Him, to offer prayers perfectly, to pay the (compulsory) charity i.e. Zakat and to fast the month of Ramadan." The man again asked, "O Allah's Apostle What is Ihsan (i.e. perfection or Benevolence)?" The Prophet said, "Ihsan is to worship Allah as if you see Him, and if you do not achieve this state of devotion, then (take it for granted that) Allah sees you." The man further asked, "O Allah's Apostle When will the Hour be established?" The Prophet replied, "The one who is asked about it does not know more than the questioner does, but I will describe to you its portents. When the lady slave gives birth to her mistress, that will be of its portents; when the bare-footed naked people become the chiefs of the people, that will be of its portents. The Hour is one of five things which nobody knows except Allah. Verily, the knowledge of the Hour is with Allah (alone). He sends down the rain, and knows that which is in the wombs." (31.34) Then the man left. The Prophet said, "Call him back to me." They went to call him back but could not see him. The Prophet said, "That was Gabriel who came to teach the people their religion." (See Hadith No. 47 Vol 1)

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance. Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a. man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to `Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." `Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "`Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to go into Makka by night when he was doing umra and do tawaf of the House and say between Safa and Marwa and delay the shaving until the morning, but he would not go back to the House and do tawaf again until he had shaved his head.

Abd ar-Rahman added, "Sometimes he would enter the mosque and do the witr prayer there without actually going near the House."

Malik said, "At-tafath is shaving the head, putting on normal clothes and things of that nature."

Yahya said that Malik was asked whether a man who forgot to shave (his head) at Mina during the hajj could shave in Makka, and he said, "That is permissible, but I prefer the shaving to be done at Mina."

Malik said, "What we are all agreed upon here (in Madina) is that no-one should shave his head or cut his hair until he has killed his sacrificial animal, if he has one, and things that are haram for him do not become halal for him until he leaves ihram at Mina on the day of sacrifice. This is because Allah, the Blessed and Exalted, says, 'Do not shave yourheads until the sacrificial animal has reached its destination. ' "

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf telling him not to disagree with Abdullah ibn Umar about anything to do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar went to him just after noon, and I went with him. He called out to him outside his tent, 'Where is this man?' and a-lHajjaj came out to him, wearing a blanket dyed with safflower, and said to him, 'What's up with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.' Al-Hajjaj said, 'Wait until I have poured some water over myself, and then I will come out.' So Abdullah dismounted and waited until al- Hajjaj came out. He passed between me and my father and I said to him, 'If you want to accord with the sunna today, then make the khutba short, do not delay the prayer and do the prayer quickly.' Then he began looking at Abdullah ibn Umar to see if he would say the same thing, and when Abdullah saw that, he said, 'What Salim is saying is true.' "

20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and the Jumua at Mina and Arafa

A woman came to Allah's Apostle and said, "O Allah's Apostle! I have come to you to present myself to you (for marriage)." Allah's Apostle glanced at her. He looked at her carefully and fixed his glance on her and then lowered his head. When the lady saw that he did not say anything, she sat down. A man from his companions got up and said, "O Allah's Apostle! If you are not in need of her, then marry her to me." The Prophet said, "Have you got anything to offer." The man said, 'No, by Allah, O Allah's Apostle!" The Prophet said (to him), "Go to your family and try to find something." So the man went and returned, saying, "No, by Allah, O Allah's Apostle! I have not found anything." The Prophet said, "Go again and look for something, even if it were an iron ring." He went and returned, saying, "No, by Allah, O Allah's Apostle! I could not find even an iron ring, but this is my Izar (waist sheet).' He had no Rida (upper garment). He added, "I give half of it to her." Allah's Apostle said "What will she do with your Izar? If you wear it, she will have nothing over herself thereof (will be naked); and if she wears it, then you will have nothing over yourself thereof ' So the man sat for a long period and then got up (to leave). When Allah's Apostle saw him leaving, he ordered that he e called back. When he came, the Prophet asked (him), "How much of the Qur'an do you know (by heart)?" The man replied, I know such Sura and such Sura and such Sura," naming the suras. The Prophet said, "Can you recite it by heart?" He said, 'Yes." The Prophet said, "Go I let you marry her for what you know of the Qur'an (as her Mahr).

We were at a place which was a thoroughfare for the people, and the caravans used to pass by us and we would ask them, "What is wrong with the people? What is wrong with the people? Who is that man?. They would say, "That man claims that Allah has sent him (as an Apostle), that he has been divinely inspired, that Allah has revealed to him such-and-such." I used to memorize that (Divine) Talk, and feel as if it was inculcated in my chest (i.e. mind) And the 'Arabs (other than Quraish) delayed their conversion to Islam till the Conquest (of Mecca). They used to say." "Leave him (i.e. Muhammad) and his people Quraish: if he overpowers them then he is a true Prophet. So, when Mecca was conquered, then every tribe rushed to embrace Islam, and my father hurried to embrace Islam before (the other members of) my tribe. When my father returned (from the Prophet) to his tribe, he said, "By Allah, I have come to you from the Prophet for sure!" The Prophet afterwards said to them, 'Offer such-and-such prayer at such-and-such time, and when the time for the prayer becomes due, then one of you should pronounce the Adhan (for the prayer), and let the one amongst you who knows Qur'an most should, lead the prayer." So they looked for such a person and found none who knew more Qur'an than I because of the Qur'anic material which I used to learn from the caravans. They therefore made me their Imam ((to lead the prayer) and at that time I was a boy of six or seven years, wearing a Burda (i.e. a black square garment) proved to be very short for me (and my body became partly naked). A lady from the tribe said, "Won't you cover the anus of your reciter for us?" So they bought (a piece of cloth) and made a shirt for me. I had never been so happy with anything before as I was with that shirt.

Yahya related to me from Malik from Hisham ibn Urwa that Sawda bint Abdullah ibn Umar, who was in the household of Urwa ibn az- Zubayr, set off walking between Safa and Marwa when doing either hajj or an umra. She was a heavy woman and she began when everybody was leaving after the isha prayer, and she still had not completed her circuits when the first call was given for subh, but finished them between the two calls to prayer.

If Urwa saw people doing circuits on riding beasts he would tell them in very strong terms not to do so, and they would pretend to be ill, out of awe of him.

Hisham added, "He used to say to us about them 'These are unsuccessful and have lost.' "

Malik said, "Someone who forgets say between Safa and Marwa in an umra, and does not remember until he is far from Makka, should return and do say. If, in the meantime, he has had intercourse with a woman, he should return and do say between Safa and Marwa so as to complete what remains of that umra, and then after that he has to do another umra and offer a sacrificial animal."

Malik was asked about someone who met another man when doing say between Safa and Marwa and stopped to talk with him, and he said, "I do not like anyone to do that."

Malik said, "If anyone forgets some of his tawaf or is uncertain about it and remembers only when he is doing say between Safa and Marwa, he should stop the say and complete his tawaf of the House apart from that about which he is certain. After that he prays the two rakas of the tawaf, and then begins his say between Safa and Marwa."

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

I was sitting with Jabir bin Zaid and `Amr bin Aus, and Bjalla was narrating to them in 70 A.H. the year when Mus`ab bin Az-Zubair was the leader of the pilgrims of Basra. We were sitting at the steps of Zamzam well and Bajala said, "I was the clerk of Juz bin Muawiya, Al-Ahnaf's paternal uncle. A letter came from `Umar bin Al-Khattab one year before his death; and it was read:-- "Cancel every marriage contracted among the Magians between relatives of close kinship (marriages that are regarded illegal in Islam: a relative of this sort being called Dhu-Mahram.)" `Umar did not take the Jizya from the Magian infidels till `Abdur-Rahman bin `Auf testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.

Malik related to me from Safwan ibn Sulaym from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, was questioned by a man who said, "Messenger of Allah, shall I ask permission of my mother to enter?" He said, "Yes " The man said, "I live with her in the house". The Messenger of Allah, may Allah bless him and grant him peace, said "Ask her permission." The man said, "I am her servant." The Messenger of Allah. may Allah bless him and grant him peace, said, "Ask her permission. Do you want to see her naked?" He said, "No." He said, "Then ask her permission."

Allah's Apostle sent me, Abu Marthad and Az-Zubair, and all of us were riding horses, and said, "Go till you reach Raudat-Khakh where there is a pagan woman carrying a letter from Hatib bin Abi Balta' a to the pagans of Mecca." So we found her riding her camel at the place which Allah's Apostle had mentioned. We said (to her),"(Give us) the letter." She said, "I have no letter." Then we made her camel kneel down and we searched her, but we found no letter. Then we said, "Allah's Apostle had not told us a lie, certainly. Take out the letter, otherwise we will strip you naked." When she saw that we were determined, she put her hand below her waist belt, for she had tied her cloak round her waist, and she took out the letter, and we brought her to Allah's Apostle Then `Umar said, "O Allah's Apostle! (This Hatib) has betrayed Allah, His Apostle and the believers! Let me cut off his neck!" The Prophet asked Hatib, "What made you do this?" Hatib said, "By Allah, I did not intend to give up my belief in Allah and His Apostle but I wanted to have some influence among the (Mecca) people so that through it, Allah might protect my family and property. There is none of your companions but has some of his relatives there through whom Allah protects his family and property." The Prophet said, "He has spoken the truth; do no say to him but good." `Umar said, "He as betrayed Allah, His Apostle and the faithful believers. Let me cut off his neck!" The Prophet said, "Is he not one of the Badr warriors? May be Allah looked at the Badr warriors and said, 'Do whatever you like, as I have granted Paradise to you, or said, 'I have forgiven you."' On this, tears came out of `Umar's eyes, and he said, "Allah and His Apostle know better."

Sa'id said that when Abu Idris Khaulini narrated this hadith he knelt upon his knees.