Yahya related to me from Malik that he had heard that Umar ibn al-Khattab said, "Trade with the property of orphans and then it will not be eaten away by zakat."

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is cancelled if he only has the slave as property, inferring by this case that the testimony of women is permitted in cases of setting free. The case is not as he suggests (i.e. it is a case of property not freeing). It is like a man who frees his slave, and then the claimant of a debt comes to the master and takes an oath with one witness, demanding his right. By that, the freeing of the slave would be cancelled. Or else a man comes who has frequent dealings and transactions with the master of the slave. He claims that he is owed money by the master of the slave. Someone says to the master of the slave, 'Take an oath that you don't owe what he claims'. If he draws back and refuses to take an oath, the one making the claim takes an oath and his right against the master of the slave is confirmed. That would cancel the freeing of the slave if it is confirmed that property is owed by the master."

Malik said, "It is the same case with a man who marries a slave-girl and then the master of the slave-girl comes to the man who has married her and claims, 'You and so-and-so have bought my slave-girl from me for such an amount of dinars. The husband of the slave-girl denies that. The master of the slave-girl brings a man and two women and they testify to what he has said. The sale is confirmed and his claim is considered true. So the slave-girl is haram for her husband and they have to separate, even though the testimony of women is not accepted in divorce."

Malik said, "It is also the same case with a man who accuses a free man, so the hadd falls on him. A man and two women come and testify that the one accused is a slave. That would remove the hadd from the accused after it had befallen him, even though the testimony of women is not accepted in accusations involving hadd punishments."

Malik said, "Another similar case in which judgement appears to go against the precedent of the sunna is that two women testify that a child is born alive and so it is necessary for him to inherit if a situation arises where he is entitled to inherit, and the child's property goes to those who inherit from him, if he dies, and it is not necessary that the two women witnesses should be accompanied by a man or an oath even though it may involve vast properties of gold, silver, live-stock, gardens and slaves and other properties. However, had two women testified to one dirham or more or less than that in a property case, their testimony would not affect anything and would not be permitted unless there was a witness or an oath with them."

Malik said, "There are people who say that an oath is not acceptable with only one witness and they argue by the word of Allah the Blessed, the Exalted, and His word is the Truth, 'And call in to witness two witnesses, men; or if the two be not men, then one man and two women, such witnesses as you approve of.' (Sura 2 ayat 282). Such people argue that if he does not bring one man and two women, he has no claim and he is not allowed to take an oath with one witness."

Malik said, "Part of the proof against those who argue this, is to reply to them, 'Do you think that if a man claimed property from a man, the one claimed from would not swear that the claim was false?' If he swears, the claim against him is dropped. If he refuses to take an oath, the claimant is made to take an oath that his claim is true, and his right against his companion is established. There is no dispute about this with any of the people nor in any country. By what does he take this? In what place in the Book of Allah does he find it? So if he confirms this, let him confirm the oath with one witness, even if it is not in the Book of Allah, the Mighty, the Majestic! It is enough that this is the precedent of the sunna. However, man wants to recognise the proper course of action and the location of the proof. In this there is a clarification for what is obscure about that, if Allah ta'ala wills."

I heard the Messenger of Allah (saws) say: Augury from the flight of birds, taking evil omens and the practice of pressomancy pertain to divination. Tarq: It is used in the sense of divination in which women threw stones. 'Iyafah: It means geomancy by drawing lines.

"I was informed by As-Sa'b bin Jaththamah who said: " I said: "O Messenger of Allah our horses trampled over women and children of the idolaters." He said: "They are from their fathers.'"

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

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that Abdullah ibn Abbas said, "I heard Umar ibn al- Khattab say, 'Stoning is in the Book of Allah for those who commit adultery, men or women when they are muhsan and when there is clear proof of pregnancy or a confession.' "

Malik related to me from Nafi from Sa'iba, the female mawla of A'isha, that the Messenger of Allah, may Allah bless him and grant him peace, forbade killing the snakes which were in the houses except those with two white stripes on their back and the short ones. They made one go blind and caused miscarriages in women.

AbuIshaq reported on the authority of Silah: We were with Ammar on the day when the appearance of the moon was doubtful. (The meat of) goat was brought to him. Some people kept aloof from (eating) it. Ammar said: He who keeps fast on this day disobeys AbulQasim (i.e. the Prophet) (saws).

The Prophet said, "It is a bad thing that some of you say, 'I have forgotten such-and-such verse of the Qur'an,' for indeed, he has been caused (by Allah) to forget it. So you must keep on reciting the Qur'an because it escapes from the hearts of men faster than camel do."

The Prophet (saws) as saying: If anyone dies when some fast is due from him (i.e. which he could not keep) his heir must fast on his behalf.

Abu Dawud said: This applies to the fast which a man vows ; and this is the opinion of Ahmad b. Hanbal.

I said, "O Allah's Apostle! For the acceptance of my repentance I wish to give all my property in charity for Allah's sake through His Apostle ." He said, "It is better for you to keep some of the property for yourself." I said, "Then I will keep my share in Khaibar."

While Allah's Apostle was sitting in the mosque (with some people) three men came, two of them came in front of Allah's Apostle and the third one went away, and then one of them found a place in the circle and sat there while the second man sat behind the gathering, and the third one went away. When Allah's Apostle finished his preaching, he said, "Shall I tell you about these three persons? One of them betook himself to Allah and so Allah accepted him and accommodated him; the second felt shy before Allah so Allah did the same for him and sheltered him in His Mercy (and did not punish him), while the third turned his face from Allah, and went away, so Allah turned His face from him likewise.

When `Abdullah bin Ubai bin Salul died, Allah's Apostle was called in order to offer the funeral prayer for him. When Allah's Apostle got up (to offer the prayer) I jumped towards him and said, "O Allah's Apostle! Do you offer the prayer for Ibn Ubai although he said so-and-so on such-and-such-a day?" I went on mentioning his sayings. Allah's Apostle smiled and said, "Keep away from me, O `Umar!" But when I spoke too much to him, he said, "I have been given the choice, and I have chosen (this) ; and if I knew that if I asked forgiveness for him more than seventy times, he would be for given, I would ask it for more times than that." So Allah's Apostle offered the funeral prayer for him and then left, but he did not stay long before the two Verses of Surat-Bara'a were revealed, i.e.:-- 'And never (O Muhammad) pray for anyone of them that dies.... and died in a state of rebellion.' (9.84) Later I was astonished at my daring to speak like that to Allah's Apostle and Allah and His Apostle know best.

The Prophet said, "The example of Muslims, Jews and Christians is like the example of a man who employed laborers to work for him from morning till night for specific wages. They worked till midday and then said, 'We do not need your money which you have fixed for us and let whatever we have done be annulled.' The man said to them, 'Don't quit the work, but complete the rest of it and take your full wages.' But they refused and went away. The man employed another batch after them and said to them, 'Complete the rest of the day and yours will be the wages I had fixed for the first batch.' So, they worked till the time of `Asr prayer. Then they said, "Let what we have done be annulled and keep the wages you have promised us for yourself.' The man said to them, 'Complete the rest of the work, as only a little of the day remains,' but they refused. Thereafter he employed another batch to work for the rest of the day and they worked for the rest of the day till the sunset, and they received the wages of the two former batches. So, that was the example of those people (Muslims) and the example of this light (guidance) which they have accepted willingly.

Mother of the Believers: We, the wives of the Prophet were all sitting with the Prophet and none of us had left when Fatima came walking, and by Allah, her gait was very similar to that of Allah's Apostle .' When he saw her, he welcomed her, saying, "Welcome, O my daughter!" Then he made her sit on his right or his left, confided something to her, whereupon she wept bitterly. When he noticed her sorrow, he confided something else to her for the second time, and she started laughing. Only I from among the Prophet's wives said to her, "(O Fatima), Allah's Apostle selected you from among us for the secret talk and still you weep?" When Allah's Apostle got up (and went away), I asked her, "What did he confide to you?" She said, "I wouldn't disclose the secrets of Allah's Apostle" But when he died I asked her, "I beseech you earnestly by what right I have on you, to tell me (that secret talk which the Prophet had with you)" She said, "As you ask me now, yes, (I will tell you)." She informed me, saying, "When he talked to me secretly the first time, he said that Gabriel used to review the Qur'an with him once every year. He added, 'But this year he reviewed it with me twice, and therefore I think that my time of death has approached. So, be afraid of Allah, and be patient, for I am the best predecessor for you (in the Hereafter).' " Fatima added, "So I wept as you (`Aisha) witnessed. And when the Prophet saw me in this sorrowful state, he confided the second secret to me saying, 'O Fatima! Will you not be pleased that you will be chief of all the believing women (or chief of the women of this nation i.e. my followers?")

Allah's Apostle said, "My example and the example o the people is like that of a person who lit a fire and let the moths, butterflies and these insects fall in it." He also said, "There were two women, each of whom had a child with her. A wolf came and took away the child of one of them, whereupon the other said, 'It has taken your child.' The first said, 'But it has taken your child.' So they both carried the case before David who judged that the living child be given to the elder lady. So both of them went to Solomon bin David and informed him (of the case). He said, 'Bring me a knife so as to cut the child into two pieces and distribute it between them.' The younger lady said, 'May Allah be merciful to you! Don't do that, for it is her (i.e. the other lady's) child.' So he gave the child to the younger lady."

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”

Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”

Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”

The Prophet came out on the day of `Id and offered a two-rak`at prayer, and he did not pray any rak`a before it, nor after it. Then he went towards the women and ordered them to give alms. The women started donating their earring and necklaces.

Thy Prophet (p.b.u.h) said, "A time will come upon the people when a person will wander about with gold as Zakat and will not find anybody to accept it, and one man will be seen followed by forty women to be their guardian because of scarcity of men and great number of women. "

The Prophet said, "Many men reached perfection but none among the women reached perfection except Mary, the daughter of ' `Imran, and Asia, Pharoah's wife. And the superiority of `Aisha to other women is like the superiority of Tharid to other kinds of food.

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to pray subh and the women would leave wrapped in their garments and they could not yet be recognised in the darkness."

The Prophet used to keep his hair falling loose while the pagans used to part their hair, and the People of the Scriptures used to keep their hair falling loose, and the Prophet liked to follow the People of the Scriptures in matters about which he had not been instructed differently, but later on the Prophet started parting his hair.

I attended the 'Id prayer along with the Messenger of Allah (saws). When he finished the prayer, he said: We shall deliver the sermon; he who likes to sit for listening to it may sit and he who likes to go away may go away.

Abu Dawud said: this is a mursal tradition (i.e. the successor 'Ata directly reporting from the Prophet (saws) and omitting the link of the Companions).

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

That he had asked `Aisha about the meaning of the Statement of Allah: "If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (Other) women of your choice Two or three or four." (4.3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4.127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

Malik related to me from Zayd ibn Aslam from Amr ibn Muadh al- Ashali al-Ansari that his grandmother said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'O trusting women! Let none of you despise giving to her neighbour even if it is only a roasted sheep's trotter.'

"The Prophet offered a two-rak`at prayer on `Id day and he did not offer any (Nawafil prayer) before or after it. He then went towards the women, and Bilal was accompanying him, and ordered them to give alms. And so the women started giving their earrings (etc .).

The Prophet cursed effeminate men (those men who are in the similitude (assume the manners of women) and those women who assume the manners of men, and he said, "Turn them out of your houses ." The Prophet turned out such-and-such man, and `Umar turned out such-and-such woman.

regarding the Divine Verse: "O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness that you may take back part of the (Mahr) dower you have given them." (4.19) (Before this revelation) if a man died, his relatives used to have the right to inherit his wife, and one of them could marry her if he would, or they would give her in marriage if they wished, or, if they wished, they would not give her in marriage at all, and they would be more entitled to dispose her, than her own relatives. So the above Verse was revealed in this connection.

(regarding) the Verse: 'And if you fear that you shall not be able to deal justly with the orphans...' (4.3) It is about the orphan girl who is in the custody of a man who is her guardian, and he intends to marry her because of her wealth, but he treats her badly and does not manage her property fairly and honestly. Such a man should marry women of his liking other than her, two or three or four. 'Prohibited to you (for marriage) are: ...your foster-mothers (who suckled you).' (4.23) Marriage is prohibited between persons having a foster suckling relationship corresponding to a blood relationship which renders marriage unlawful.

The Prophet (saws) said about a person who had intercourse with his wife while she was menstruating: He must give one dinar or half a dinar in alms.

Abu Dawud said: The correct version says si: One dinar or half a dinar. Shu'bah (a narrator) did not sometimes narrate this tradition as a statement of the Prophet (saws).

(the wife of the Prophet) Safiya bin Huyai, the wife of the Prophet menstruated during Hajjat-ul- Wada` The Prophet said, "Is she going to detain us?" I said to him, "She has already come to Mecca and performed the Tawaf (ul-ifada) around the Ka`ba, O Allah's Apostle." The Prophet said, " Let her then proceed on (to Medina).

The Messenger of Allah (saws) sent me to the Yemen as judge, and I asked: Messenger of Allah, are you sending me when I am young and have no knowledge of the duties of a judge? He replied: Allah will guide your heart and keep your tongue true. When two litigants sit in front of you, do not decide till you hear what the other has to say as you heard what the first had to say; for it is best that you should have a clear idea of the best decision. He said: I had been a judge (for long); or he said (the narrator is doubtful): I have no doubts about a decision afterwards.

Yahya related to me from Malik that he heard that Luqman al-Hakim made his will and counselled his son, saying, "My son! Sit with the learned men and keep close to them. Allah gives life to the hearts with the light of wisdom as Allah gives life to the dead earth with the abundant rain of the sky."

The Prophet (saws) said: If anyone keeps on praying regularly four rak'ahs before and four after the noon prayer, he will not enter the Hell-fire.

Abu Dawud said: Al-'Ala' bin Al-Harith and Sulaiman bin Musa reported it from Makhul with his chain, similarly.

I heard AbulQasim (saws) who spoke the truth and whose word was verified say: Mercy is taken away only from him who is miserable.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that one time the Messenger of Allah, may Allah bless him and grant him peace, was speaking to Umar ibn al-Khattab while he was travelling with a troop and Umar swore by his father and he (the Messenger) said, "Allah forbids you to swear by your fathers. If anyone swears, let him swear by Allah or keep silent."

I heard Ibn `Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn `Abbas said, "Yes."

I offered the `Id prayer with the Prophet and he offered prayer before the Khutba (sermon). ibn `Abbas added: After the prayer the Prophet came towards (the rows of) the women and ordered them to give alms, and the women started putting their big and small rings in the garment of Bilal.

He said, "Doesn't a man who has horses with white legs and white blazes on their foreheads among totally black horses recognise which ones are his own?" They said, "Of course, Messenger of Allah." He went on, "Even so will they come on the day of rising with white marks on their foreheads, hands and feet from wudu, and I will precede them to the Hawd. Some men will be driven away from the Hawd as if they were straying camels and I shall call out to them, 'Will you not come? Will you not come? Will you not come?' and someone will say, 'They changed things after you,' so I shall say, 'Then away with them, away with them, away with them!' "

The Prophet said, "Truthfulness leads to righteousness, and righteousness leads to Paradise. And a man keeps on telling the truth until he becomes a truthful person. Falsehood leads to Al-Fajur (i.e. wickedness, evil-doing), and Al-Fajur (wickedness) leads to the (Hell) Fire, and a man may keep on telling lies till he is written before Allah, a liar."