Yahya related to me from Malik from Ibn Shihab that a son of Kab ibn Malik (Malik believed that ibn Shihab said it was Abd ar-Rahman ibn Kab) said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade those who fought ibn Abi Huqayq (a treacherous jew from Madina) to kill women and children. He said that one of the men fighting had said, 'The wife of ibn Abi Huqayq began screaming and I repeatedly raised my sword against her. Then I would remember the prohibition of the Messenger of Allah, may Allah bless him and grant him peace, so I would stop. Had it not been for that, we would have been rid of her.' "

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha, umm al-muminin, that whenever the Messenger of Allah, may Allah bless him and grant him peace, did ghusl for major ritual impurity, he would begin by washing his hands, and then do wudu as for prayer. He would then put his fingers in the water and rub the roots of his hair with them. Then he would pour as much water as two hands can hold on to his head three times, and over the entire surface of his skin.

The Prophet said, "One would rather take a rope and cut wood and carry it than ask others).

I heard Ibn Az-Zubair delivering a sermon, saying, "Muhammad said, 'Whoever wears silk in this world, shall not wear it in the Hereafter."

`Aisha said, "We set out with the Prophet in his last Hajj. Some of us intended to perform `Umra while others Hajj. When we reached Mecca, Allah's Apostle said, 'Those who had assumed the lhram for `Umra and had not brought the Hadi should finish his lhram and whoever had assumed the Ihram for `Umra and brought the Hadi should not finish the Ihram till he has slaughtered his Hadi and whoever had assumed the lhram for Hajj should complete his Hajj." `Aisha further said, "I got my periods (menses) and kept on menstruating till the day of `Arafat, and I had assumed the Ihram for `Umra only (Tamattu`). The Prophet ordered me to undo and comb my head hair and assume the lhram for Hajj only and leave the `Umra. I did the same till I completed the Hajj. Then the Prophet sent `Abdur Rahman bin Abi Bakr with me and ordered me to perform `Umra from at-Tan`im in lieu of the missed `Umra."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"

When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '

A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "

Yahya related to me from Abdullah ibn Abd ar-Rahman ibn Mamar al- Ansari that Ata ibn Yasar said that the Messenger of Allah, may Allah bless him and grant him peace, said, "Shall I tell you who has the best degree among people? A man who takes the rein of his horse to do jihad in the way of Allah. Shall I tell you who has the best degree among people after him? A man who lives alone with a few sheep, performs the prayer, pays the zakat, and worships Allah without associating anything with him."

Yahya related to me from Malik from Yahya ibn Said from Ismail ibn Abi Hakim that Umar ibn Abd al-Aziz freed a christian who then died. Ismail said, ''Umar ibn Abd al-Aziz ordered me to put his property in the bayt al-mal."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Ibrahim that Abd ar-Rahman ibn Abi Amra al-Ansari said that Uthman ibn Affan came to the isha prayer and seeing only a few people in the mosque, he lay down at the back of the mosque to wait for the number of people to increase. Ibn Abi Amra went and sat down beside him and Uthman asked him who he was, so he told him. Uthman said, "What have you memorised of the Qur'an?", and he told him. Uthman said, "If someone is present at isha, it is as if he had stood in prayer for half a night, and if some one is present at subh, it is as if he had stood in prayer for a whole night.

I heard `Umar saying, "The Prophet said, 'Whoever wears silk in this world, shall not wear it in the Hereafter."

This hadith is also narrated through 'Umar ibn al-Khattab.

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Ibrahim ibn al-Harith at-Taymi from Abu Salama ibn Abd ar Rahman that Abu Said said that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, "A group of people will appear among you whose prayer, fasting and deeds will make you think little of your own prayer, fasting and deeds. They will recite the Qur'an, but it wil not get past their throats, and they will pass through the deen like an arrow passes through game. You look at the arrowhead, and you see nothing, and you look at the shaft, and you see nothing, and you look at the flights, and you see nothing. And you are in doubt about the notch."

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman ibn Sad ibn Zurara that he had heard that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order, and she was killed.

Malik said, "The sorcerer is the one who uses sorcery for himself and no one else uses that for him. It is like the one about whom Allah, the Blessed, the Exalted, said in His Book, 'They know the one who devotes himself to it will have no share in the Next World.' (Sura 2 ayat 102) I think that that person is killed if he does that himself."

Yahya related to me from Malik that Abu'r-Rijal Muhammad ibn Abd ar-Rahman heard his mother, Amra bint Abd ar-Rahman say, "A man bought the fruit of an enclosed orchard in the time of the Messenger of Allah, may Allah bless him and grant him peace, and he tended it while staying on the land. It became clear to him that there was going to be some loss. He asked the owner of the orchard to reduce the price for him or to revoke the sale, but the owner made an oath not to do so. The mother of the buyer went to the Messenger of Allah, may Allah bless him and grant him peace, and told him about it. The Messengerof Allah, may Allah bless him and grant him peace, said, 'By this oath, he has sworn not to do good.' The owner of the orchard heard about it and went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, the choice is his.' "

Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, "If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce."

Malik said, "That is what is done among us and there is no dispute about it."

26 Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd alMalik, from Ubada ibn Nusayy from Qays ibn al Harith that Abu Abdullah as-Sunabihi said, "I arrived in Madina in the khalifate of Abu Bakr as-Siddiq, and I prayed maghrib behind him. He recited the umm al Qur'an and two suras from the shorter ones of the mufassal in the first two rakas. Then he stood up in the third and I drew so near to him that my clothes were almost touching his clothes. I heard him reciting the umm al-Qur'an and this ayat, 'Our Lord, do not make our hearts go astray after You have guided us, and give us mercy from Your presence. Surely You are the Giver. ' " (Sura 3 ayat 8)

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "My paternal uncle by suckling came to me and I refused to give him permission to enter until I had asked the Messenger of Allah, may Allah bless him and grant him peace, about it. The Messenger of Allah, may Allah bless him and grant him peace, came and I asked him about it. He said, 'He is your paternal uncle, so give him permission.' So I said, 'Messenger of Allah! The woman nursed me not the man.' He said, 'He is your paternal uncle, so let him enter.' "

A'isha said, "That was after the veil had been imposed on us."

A'isha added, "What is haram by birth is made haram by suckling."

Abu Dawud said: This is also transmitted by Waki' from al-A'mash from Salamah b. Kuhail from 'Abd al-Rahman b. Abza.

It is also transmitted through a different chain by Jarir from al-A'mash from Salamah from Sa'id b. 'Abd al-Rahman b. Abza from his father.

When Allah's Apostle set out (towards Mecca) during the year of the Conquest (of Mecca) and this news reached (the infidels of Quraish), Abu Sufyan, Hakim bin Hizam and Budail bin Warqa came out to gather information about Allah's Apostle , They proceeded on their way till they reached a place called Marr-az-Zahran (which is near Mecca). Behold! There they saw many fires as if they were the fires of `Arafat. Abu Sufyan said, "What is this? It looked like the fires of `Arafat." Budail bin Warqa' said, "Banu `Amr are less in number than that." Some of the guards of Allah's Apostle saw them and took them over, caught them and brought them to Allah's Apostle. Abu Sufyan embraced Islam. When the Prophet proceeded, he said to Al-Abbas, "Keep Abu Sufyan standing at the top of the mountain so that he would look at the Muslims. So Al-`Abbas kept him standing (at that place) and the tribes with the Prophet started passing in front of Abu Sufyan in military batches. A batch passed and Abu Sufyan said, "O `Abbas Who are these?" `Abbas said, "They are (Banu) Ghifar." Abu Sufyan said, I have got nothing to do with Ghifar." Then (a batch of the tribe of) Juhaina passed by and he said similarly as above. Then (a batch of the tribe of) Sa`d bin Huzaim passed by and he said similarly as above. then (Banu) Sulaim passed by and he said similarly as above. Then came a batch, the like of which Abu Sufyan had not seen. He said, "Who are these?" `Abbas said, "They are the Ansar headed by Sa`d bin Ubada, the one holding the flag." Sa`d bin Ubada said, "O Abu Sufyan! Today is the day of a great battle and today (what is prohibited in) the Ka`ba will be permissible." Abu Sufyan said., "O `Abbas! How excellent the day of destruction is! "Then came another batch (of warriors) which was the smallest of all the batches, and in it there was Allah's Apostle and his companions and the flag of the Prophet was carried by Az-Zubair bin Al Awwam. When Allah's Apostle passed by Abu Sufyan, the latter said, (to the Prophet), "Do you know what Sa`d bin 'Ubada said?" The Prophet said, "What did he say?" Abu Sufyan said, "He said so-and-so." The Prophet said, "Sa`d told a lie, but today Allah will give superiority to the Ka`ba and today the Ka`ba will be covered with a (cloth) covering." Allah's Apostle ordered that his flag be fixed at Al-Hajun. Narrated `Urwa: Nafi` bin Jubair bin Mut`im said, "I heard Al-Abbas saying to Az-Zubair bin Al- `Awwam, 'O Abu `Abdullah ! Did Allah's Apostle order you to fix the flag here?' " Allah's Apostle ordered Khalid bin Al-Walid to enter Mecca from its upper part from Ka'da while the Prophet himself entered from Kuda. Two men from the cavalry of Khalid bin Al-Wahd named Hubaish bin Al-Ash'ar and Kurz bin Jabir Al-Fihri were martyred on that day.

`Abdur-Rahman bin Abu Bakr told me that the Prophet had ordered him to let `Aisha ride behind him and to make her perform `Umra from at-Tan`im.

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

Abu `Abdur-Rahman who was one of the supporters of `Uthman said to Abu Talha who was one of the supporters of `Ali, "I perfectly know what encouraged your leader (i.e. `Ali) to shed blood. I heard him saying: Once the Prophet sent me and Az-Zubair saying, 'Proceed to such-and-such Ar-Roudah (place) where you will find a lady whom Hatib has given a letter. So when we arrived at Ar-Roudah, we requested the lady to hand over the letter to us. She said, 'Hatib has not given me any letter.' We said to her. 'Take out the letter or else we will strip off your clothes.' So she took it out of her braid. So the Prophet sent for Hatib, (who came) and said, 'Don't hurry in judging me, for, by Allah, I have not become a disbeliever, and my love to Islam is increasing. (The reason for writing this letter was) that there is none of your companions but has relatives in Mecca who look after their families and property, while I have nobody there, so I wanted to do them some favor (so that they might look after my family and property).' The Prophet believed him. `Umar said, 'Allow me to chop off his (i.e. Hatib's) neck as he has done hypocrisy.' The Prophet said, (to `Umar), 'Who knows, perhaps Allah has looked at the warriors of Badr and said (to them), 'Do whatever you like, for I have forgiven you.' " `Abdur-Rahman added, "So this is what encouraged him (i.e. `Ali).

Yahya related to me from Malik, from Hisham ibn Urwa, that Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az- Zubayr, who was with him, would do likewise.

Yahya said that Malik said, "The people of Makka and whoever else is living there besides them should go into ihram for hajj if they are in Makka, and anyone that is living in the centre of Makka and is not one of the people of Makka should not leave the Haram."

Yahya said that Malik said, "Someone who goes into ihram for hajj in Makka should delay tawaf of the House and the sa'y between Safa and Marwa until he has come back from Mina, which is what Abdullah ibn Umar used to do."

Malik was asked what the people of Madina, or anybody else, should do about tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja, and he said, "They should delay the obligatory tawaf, which is the one they combine with the say between Safa and Marwa, but they can do whatever other tawaf they want to, and they should pray two rakas every time they complete seven tawafs, which is what the companions of the Messenger of Allah, may Allah bless him and grant him peace, did when they had gone into ihram to do hajj. They delayed the tawaf of the House and the sa'y between Safa and Marwa until they had come back from Mina. Abdullah ibn Umar also did this, going into ihram for hajj in Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between Safa and Marwa until he had come back from Mina."

Malik was asked whether one of the people of Makka could go into ihram to do umra in the centre of Makka, and he said, "No. He should go outside the Haram and go into ihram there."

I heard Al Abbas telling Az-Zubair, "The Prophet ordered you to fix the flag here."

When Az-Zubair married me, he had no real property or any slave or anything else except a camel which drew water from the well, and his horse. I used to feed his horse with fodder and drew water and sew the bucket for drawing it, and prepare the dough, but I did not know how to bake bread. So our Ansari neighbors used to bake bread for me, and they were honorable ladies. I used to carry the date stones on my head from Zubair's land given to him by Allah's Apostle and this land was two third Farsakh (about two miles) from my house. One day, while I was coming with the date stones on my head, I met Allah's Apostle along with some Ansari people. He called me and then, (directing his camel to kneel down) said, "Ikh! Ikh!" so as to make me ride behind him (on his camel). I felt shy to travel with the men and remembered Az-Zubair and his sense of Ghira, as he was one of those people who had the greatest sense of Ghira. Allah's Apostle noticed that I felt shy, so he proceeded. I came to Az-Zubair and said, "I met Allah's Apostle while I was carrying a load of date stones on my head, and he had some companions with him. He made his camel kneel down so that I might ride, but I felt shy in his presence and remembered your sense of Ghira (See the glossary). On that Az-Zubair said, "By Allah, your carrying the date stones (and you being seen by the Prophet in such a state) is more shameful to me than your riding with him." (I continued serving in this way) till Abu Bakr sent me a servant to look after the horse, whereupon I felt as if he had set me free.