Yahya related to me from Malik from Nafi that Sulayman ibn Yasar told him that one time the fodder of the animals of Abd ar-Rahman ibn al-Aswad ibn Abd Yaghuth was finished so he said to his slave, "Take some of your family's wheat as food and buy with it barley, and take only a like quantity.' "

The Prophet used to take the Pledge of allegiance from the women by words only after reciting this Holy Verse:--(60.12) "..that they will not associate anything in worship with Allah." (60.12) And the hand of Allah's Apostle did not touch any woman's hand except the hand of that woman his right hand possessed. (i.e. his captives or his lady slaves).

Only Um Hani told us that she had seen the Prophet (p.b.u.h) offering the Duha (forenoon prayer). She said, "On the day of the conquest of Mecca, the Prophet took a bath in my house and offered eight rak`at. I never saw him praying such a light prayer but he performed perfect prostration and bowing.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "Someone who only remembers that he has forgotten a prayer when he is praying the next prayer behind an imam, should pray the prayer he has forgotten after the imam has said the taslim, and then pray the other one again."

Yahya related to me from Malik, from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Salih as-Samman, from Abu Hurayra, that the Messenger of Allah, may Allah bless him and grant him peace ,said, "Umra is an expiation for what is between it and the next umra, and the only reward for an accepted hajj is the Garden."

Yahya related to me from Malik from Abu'z-Zubayr al-Makki that a case was brought to Umar about a marriage which had only been witnessed by one man and one woman . He said, "This is a secret marriage and I do not permit it. Had I been the first to come upon it, I would have ordered them to be stoned."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man gives a woman command over herself, then the result is as she decides unless he denies it and says that he only meant to give her one divorce and he swears to it - then he has access to her while she is in her idda."

From As-Sa'b bin Jath-thama Al-Laithi that the latter presented an onager to Allah's Apostle while he was at Al-Abwa' or at Waddan, and he refused it. On noticing the signs of some unpleasant feeling of disappointment on his (As-Sab's) face, the Prophet said to him, "I have only returned it because I am Muhrim."

I heard the Messenger of Allah (saws) say: If there are three men in a village or in the desert among whom prayer is not offered (in congregation), the devil has got the mastery over them. So observe (prayer) in congregation), for the wolf eats only the straggling animal. Sa'ib said: By the word Jama'ah he meant saying prayer in company or in congregation.

Abu Dawud said: Another version says: "He performed ablution three times only."

Yahya related to me from Malik from Yazid ibn Khusayfa that he had asked Sulayman ibn Yasar whether zakat was due from a man who had wealth in hand but also owed a debt for the same amount, and he replied, "No."

Malik said, "The position that we are agreed upon concerning a debt is that the lender of it does not pay zakat on it until he gets it back. Even if it stays with the borrower for a number of years before the lender collects it, the lender only has to pay zakat on it once. If he collects an amount of the debt which is not zakatable, and has other wealth which is zakatable, then what he has collected of the debt is added to the rest of his wealth and he pays zakat on the total sum."

Malik continued, "If he has no ready money other than that which he has collected from his debt, and that does not reach a zakatable amount, then he does not have to pay any zakat. He must, however, keep a record of the amount that he has collected and if, later, he collects another amount which, when added to what he has already collected, brings zakat into effect, then he has to pay zakat on it."

Malik continued, "Zakat is due on this first amount, together with what he has further collected of the debt owed to him, regardless of whether or not he has used up what he first collected. If what he takes back reaches twenty dinars of gold, or two hundred dirhams of silver he pays zakat on it. He pays zakat on anything else he takes back afte rthat, whether it be a large or small amount, according to the amount."

Malik said, "What shows that zakat is only taken once from a debt which is out of hand for some years before it is recovered is that if goods remain with a man for trading purposes for some years before he sells them, he only has to pay zakat on their prices once. This is because the one who is owed the debt, or owns the goods, should not have to take the zakat on the debt, or the goods, from anything else, since the zakat on anything is only taken from the thing itself, and not from anything else."

Malik said, "Our position regarding some onewho owes a debt, and has goods which are worth enough to pay off the debt, and also has an amount of ready money which is zakatable, is that he pays the zakat on the ready money which he has to hand. If, however, he only has enough goods and ready money to pay off the debt, then he does not have to pay any zakat. But if the ready money that he has reaches a zakatable amount over and above the amount of the debt that he owes, then he must pay zakat on it."

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

Allah's Apostle said, "Allah made Mecca a sanctuary and it was neither permitted for anyone before, nor will it be permitted for anyone after me (to fight in it). And fighting in it was made legal for me for a few hours of a day only. None is allowed to uproot its thorny shrubs or to cut down its trees or to chase its game or to pick up its Luqata (fallen things) except by a person who would announce it publicly." `Abbas bin `Abdul-Muttalib requested the Prophet, "Except Al-Idhkhir, for our goldsmiths and for the roofs of our houses." The Prophet said, "Except Al-Idhkhir." `Ikrima said, "Do you know what is meant by chasing its game? It is to drive it out of the shade and sit in its place." Khalid said, "(`Abbas said: Al-Idhkhir) for our goldsmiths and our graves."

That the Prophet (saws) said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away)."

[He said:] There are narrations on this topic from Ibn 'Umar and Abu Sa'eed.

[Abu 'Eisa said:] The Hadith of Samurah is a Hasan Gharib Sahih Hadith. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishaq.

[Abu 'Eisa said:] 'Ali bin Al-Madini said: "It is correct that Al-Hasan heard this from Samurah." Some of the people of Hadith criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.

I asked Um Ruman, `Aisha's mother about the accusation forged against `Aisha. She said, "While I was sitting with `Aisha, an Ansari woman came to us and said, 'Let Allah condemn such-and-such person.' I asked her, 'Why do you say so?' She replied, 'For he has spread the (slanderous) story.' `Aisha said, 'What story?' The woman then told her the story. `Aisha asked, 'Have Abu Bakr and Allah's Apostle heard about it ?' She said, 'Yes.' `Aisha fell down senseless (on hearing that), and when she came to her senses, she got fever and shaking of the body. The Prophet came and asked, 'What is wrong with her?' I said, 'She has got fever because of a story which has been rumored.' `Aisha got up and said, 'By Allah! Even if I took an oath, you would not believe me, and if I put forward an excuse, You would not excuse me. My example and your example is just like that example of Jacob and his sons. Against that which you assert, it is Allah (Alone) Whose Help can be sought.' (12.18) The Prophet left and then Allah revealed the Verses (concerning the matter), and on that `Aisha said, 'Thanks to Allah (only) and not to anybody else."

Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."

Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."

Yahya related that Malik heard al-Ala ibn Abd ar-Rahman say, "Sadaqa does not decrease property, and Allah only increases a slave in worth for his restraint, and no slave is humble but that Allah raises him."

Malik said, "I do not know whether this hadith goes back to the Prophet, may Allah bless him and grant him peace, or not."

Allah's Apostle said, "Whoever possesses the (following) three qualities will have the sweetness of faith (1): The one to whom Allah and His Apostle becomes dearer than anything else; (2) Who loves a person and he loves him only for Allah's Sake; (3) who hates to revert to atheism (disbelief) as he hates to be thrown into the Fire."

Malik related to me that Abd ar-Rahman ibn al-Qasim heard his father al-Qasim ibn Muhammad say, "I have prayed witr after dawn."

Malik said, "Only a person who oversleeps so that he does not do the witr prays it after dawn. No one should intentionally make his witr after dawn."

Yahya related to me from Malik from Musa ibn Uqba that Salim ibn Abdullah heard his father say, "Your claim that the Messenger of Allah, may Allah bless him and grant him peace, entered ihram from this desert of yours is not true, because he only entered ihram from the mosque, i.e. the mosque of Dhu'l-Hulayfa."

The Prophet said, "Whoever possesses the following three qualities will have the sweetness (delight) of faith:

1. The one to whom Allah and His Apostle becomes dearer than anything else.

2. Who loves a person and he loves him only for Allah's sake.

3. Who hates to revert to Atheism (disbelief) as he hates to be thrown into the fire."

I saw seventy of As-Suffa men and none of them had a Rida' (a garment covering the upper part of the body). They had either Izars (only) or sheets which they tied round their necks. Some of these sheets reached the middle of their legs and some reached their heels and they used to gather them with their hands lest their private parts should become naked.

I saw the Apostle (saws) would descend from the pulpit and a man stop him for his need. He would remain standing with him until his need was fulfilled. Then he would stand and pray.

Abu Dawud said: This tradition is not well known from the narrator Thabit. Jarir b. Hazim is the only narrator of this tradition.

'A'isha reported that Allah's Messenger (may peace be upon him) never beat anyone with his hand, neither a woman nor a servant, but only, in the case when he had been fighting in the cause of Allah and he never took revenge for anything unless the things made inviolable by Allah were made violable; he then took revenge for Allah, the Exalted and Glorious.

Malik said, "Another example of that is that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale called muzabana and granted an indulgence in the ariya for computing the equivalent in dates. It was distinguished between them that the muzabana-sale was based on shrewdness and trade, and the ariya sale was based on a favour rendered, and there was no shrewdness in it."

Malik said, "A man must not buy food for a fourth, a third, or a fraction of a dirham on the basis that he be given that food on credit. There is no harm in a man buying food for a fraction of a dirham on credit and then he gives a dirham and takes goods with what remains of his dirham because he gave the fraction he owed as silver, and took goods to make up the rest of his dirham. There is no harm in that transaction."

Malik said, "There is no harm in a man placing a dirham with another man and then taking from him known goods for a fourth, third, or a known fraction. If there was not a known price on the goods and the man said, 'I will take them from you for the price of each day,' this is not halal because there is uncertainty. It might be less one time, and more another time, and they would not part with a known sale."

Malik said, "If someone sells some food without measuring precisely and does not exclude any of it from the sale and then it occurs to him to buy some of it, it is not good for him to buy any of it except what it would be permitted for him to exclude from it. That is a third or less. If it is more than a third, it becomes muzabana and is disapproved. He must only purchase from what he would be permitted to exclude, and he is only permitted to exclude a third or less than that. This is the way of doing things in which there is no dispute with us."

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 asked `Aisha regarding the Verse: 'If you fear that you shall not be able to deal justly with the orphans (4.3) She said, "O my nephew! This Verse refers to the orphan girl who is under the guardianship of her guardian who likes her beauty and wealth and wishes to (marry her and) curtails her Mahr. Such guardians have been forbidden to marry them unless they do justice by giving them their full Mahr, and they have been ordered to marry other than them. The people asked for the verdict of Allah's Apostle after that, so Allah revealed: 'They ask your instruction concerning the women . . . whom you desire to marry.' (4.127) So Allah revealed to them that if the orphan girl had beauty and wealth, they desired to marry her and for her family status. They can only marry them if they give them their full Mahr. And if they had no desire to marry them because of their lack of wealth and beauty, they would leave them and marry other women. So, as they used to leave them, when they had no interest, in them, they were forbidden to marry them when they had such interest, unless they treated them justly and gave them their full Mahr Apostle said, 'If at all there is evil omen, it is in the horse, the woman and the house." a lady is to be warded off. And the Statement of Allah: 'Truly, among your wives and your children, there are enemies for you (i.e may stop you from the obedience of Allah)' (64.14)

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?")

Ibn Shihab: I do not know whether he (the Prophet) said it is a third or a fourth time.

Malik related to me from Yunus ibn Yusuf from Ata ibn Yasar that Abu Ayyub al-Ansari found some boys who had driven a fox into a corner, and he chased them away from it.

Malik said, "I only know that he said, 'Is this done in the Haram of the Messenger of Allah, may Allah bless him and grant him peace?' "

Yahya related to me from Malik from Yahya ibn Said and Rabia ibn Abi Abd arRahman from al-Qasim ibn Muhammad that al Furafisa ibn Umayral-Hanafi said, "I only learnt Sura Yusuf (Sura 12) from the recitation of it by Uthman ibn Affan in the subh prayer because of the great number of times he repeated it to us."

Only Um Hani narrated to me that she had seen the Prophet offering the Duha prayer. She said, "On the day of the conquest of Mecca, the Prophet entered my house, took a bath and offered eight rak`at (of Duha prayers. I had never seen the Prophet offering such a light prayer but he performed bowing and prostrations perfectly .

We were with the Prophet (on a journey) and the only shade one could have was the shade made by one's own garment. Those who fasted did not do any work and those who did not fast served the camels and brought the water on them and treated the sick and (wounded). So, the Prophet said, "Today, those who were not fasting took (all) the reward."