A slave-girl belonging to the house of the Messenger of Allah (saws) committed fornication. He (the Prophet) said: Rush up, Ali, and inflict the prescribed punishment on her. I then hurried up, and saw that blood was flowing from her, and did not stop. So I came to him and he said: Have you finished inflicting (punishment on her)? I said: I went to her while her blood was flowing. He said: Leave her alone till her bleeding stops; then inflict the prescribed punishment on her. And inflict the prescribed punishment on those whom your right hands possess (i.e. slaves).

Abu Dawud said: A similar tradition has been transmitted by Abu al-Ahwas from 'Abd al-A'la, and also by Shu'bah from 'Abd al-A'la. This version has: He said: Do not give her beating until she gives birth to a child. But the former (version) is sounder.

Abu Dawud said “This tradition was read out to Al Harith bin Miskin while I was a witness”. Ashhab bin ‘Abd Al Aziz reported it to you on the authority of Malik who said ‘Umar expelled the people of Najran, but he did not expel (them) from Taima. For it did not fall within the territory of Arabia. As for Al Wadi, I think the Jews were not expelled from there. They did not think it a part of the land of Arabia.

The Apostle of Allaah ( sal Allaahu alayhi wa sallam ) said : The rinsing of mouth and snuffing up water in the nose are acts that bear the characteristics of fitrah (nature). He then narrated a similar tradition (as reported by Aishah), but he did not mention the words "letting the beard grow". He added the words "circumcision" and "sprinkling water on the private part of the body". He did not mention the words "cleansing oneself after easing".

Abu Dawud said : A similar tradition has been reported on the authority of Ibn 'Abbas. He mentioned only five sunnahs all relating to the head, one of them being parting of the hair; it did not include wearing the beard.

Abu Dawud said: The tradition as reported by Hammad has also been transmitted by Talq b. Habib , Mujahid, and Bakr b. 'Abd Allaah b. al-Muzani as their own statement ( not as a tradition from the Prophet, sal Allaahu alayhi wa sallam ).They did not mention the words "letting the beard grow". The version transmitted by Muhammad b. Abd Allaah b. Abi Maryam, Abu Salamah, and Abu Hurairah from the Prophet ( sal Allaahu alayhi wa sallam ) mentions the words "letting the beard grow". A similar tradition has been reported by Ibrahim al-Nakha'i. He mentioned the words "wearing the beard and circumcision."

Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Salih as-Sammani from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone does ghusl for major ritual impurity on the day of jumua and then goes in the first part of the time, it is as if he had offered up a camel. If he goes in the second part of the time, it is as if he had offered up a cow. If he goes in the third part of the time, it is as if he had offered up a horned ram. If he goes in the fourth part of the time, it is as if he had offered up a hen. If he goes in the fifth part of the time, it is as if he had offered up an egg. And when the imam comes out, the angels settle down listening to the dhikr (remembrance of Allah)."

Sharid's mother left a will to emancipate a believing slave on her behalf. So he came to the Prophet (saws) and said: Messenger of Allah, my mother left a will that I should emancipate a believing slave for her, and I have a black Nubian slave-girl. He mentioned a tradition about the test of the girl.

Abu Dawud said: Khalid b. 'Abd Allah narrated this tradition direct from the Prophet (saws). He did not mention the name of al-Sharid.

That the Prophet (saws) said: "Do not withhold surplus water so that it is prevented from the pasture."

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

Abu Al-Munhal's name is 'Abdur-Rahman bin Mut'im, he is from Al-Kufah, and he is oen that Habib bin Abi Thabit reports from. Abu Al-Munhal Sayyar bin Salamah is from Al-Basrah, he is the companion of Abu Barzah Al-Aslami.

Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander."

Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.' "

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."

The Prophet (saws) gave a decision on the basis of an oath and a single witness.

Abu Dawud said: Al-Rabi' bin Sulaiman al-Mu'adhdhin told me some additional words in this tradition: Al-Shafi'i told me from 'Abd al-'Aziz. I then mentioned it fo Suhail who said: Rabi'ah told me - and he is reliable in my opinion - that I told him this (tradition) and I do not remember it. 'Abd al-'Aziz said: Suhail suffered from some disease which caused him to lose a little of his intelligence, and he forgot some of his traditions. Thereafter Suhail would narrate traditions from Rabi'ah on the authority of his father.

Yahya related to me from Malik that Yahya ibn Said said, "I asked Amra bint Abd ar-Rahman if there was anything that was haram for someone who sent a sacrificial animal (to Makka) but did not go there himself, and she told me that she had heard A'isha say, 'It is only some one who goes into ihram for hajj and begins saying the talbiya for whom things are haram.' "

Allah's Apostle said, "O Allah! Save `Aiyyash bin Abi Rabi`a (from the unjust treatment of the infidels). O Allah! Save Salama bin Hisham. O Allah! Send your Punishment on (the tribe of) Mudar. O Allah! Let them suffer from years (of drought) similar to that inflicted during the life-time of Joseph."

Anas b. Malik reported that 'Abd al-Rahman b. Auf and Zu'bair. b. 'Awwam complained to Allah's Messenger (may peace be upon him) about lice; he granted them concession to wear shirts of silk.

Abu Dawud said: I read out this tradition to Yazid bin 'Abd Rabbihi al-Jurjisi. Muhammad bin Hard told you this tradition from al-Zabidi from al-Zuhri through his chain of narrators. This version added: Bit' is the nabidh from honey, which the people of the Yemen would drink.

Abu Dawud said: I heard Ahmad bin Hanbal say: There is no god but Allah. there was none stronger in memory and like al-Jurjisi among the people of Hims.

The Messenger of Allah (saws) said about the futile oath: It is man's speech in his house: No, by Allah, and Yes, by Allah.

Abu Dawud said: Ibrahim al-Sa'igh, the narrator of this tradition , was a pious man. Abu Muslim killed him at 'Aranda. When he raised a hammed and heard the call to prayer, he gave it up.

Abu Dawud said: This tradition has been transmitted by Dawud b. Abi al-Furat from Ibrahim al-Sa'igh as a statement of 'Aishah (not attributed to the Prophet). Similarly, it has been transmitted by al-Zuhri, 'Abd al-Malik b. Abi Sulaiman and Malik b. Mughul. All of them transmitted it from 'Ata on the authority of 'Aishah on her own statement.

By Allah, Al-Hasan bin `Ali led large battalions like mountains against Muawiya. `Amr bin Al-As said (to Muawiya), "I surely see battalions which will not turn back before killing their opponents." Muawiya who was really the best of the two men said to him, "O `Amr! If these killed those and those killed these, who would be left with me for the jobs of the public, who would be left with me for their women, who would be left with me for their children?" Then Muawiya sent two Quraishi men from the tribe of `Abd-i-Shams called `Abdur Rahman bin Sumura and `Abdullah bin 'Amir bin Kuraiz to Al-Hasan saying to them, "Go to this man (i.e. Al-Hasan) and negotiate peace with him and talk and appeal to him." So, they went to Al-Hasan and talked and appealed to him to accept peace. Al-Hasan said, "We, the offspring of `Abdul Muttalib, have got wealth and people have indulged in killing and corruption (and money only will appease them)." They said to Al-Hasan, "Muawiya offers you so and so, and appeals to you and entreats you to accept peace." Al-Hasan said to them, "But who will be responsible for what you have said?" They said, "We will be responsible for it." So, whatever Al- Hasan asked they said, "We will be responsible for it for you." So, Al-Hasan concluded a peace treaty with Muawiya. Al-Hasan (Al-Basri) said: I heard Abu Bakr saying, "I saw Allah's Apostle on the pulpit and Al-Hasan bin `Ali was by his side. The Prophet was looking once at the people and once at Al-Hasan bin `Ali saying, 'This son of mine is a Saiyid (i.e. a noble) and may Allah make peace between two big groups of Muslims through him."

Abu Dawud said: Sufyan al-Thawri and Shu’bah b. al-Hajjaj reported on authority of Ubaid b. al-Hasan: There is no mention of the words “after bowing” in this tradition. Sufyan said: we met al-shaikh ‘Ubaid b. al-Hasan; he did not say the words “bowing” in it.

Abu dawud said: Shu’bah narrated this from Abi ‘Ismah, from al-A’mash, on the authority of ‘Ubaid, saying: “after bowing”.

Ibn Umar (Allah be pleased with them) reported that al-'A'bbas b. Abd al-Muttalib (Allah be pleased with him) sought permission from Allah's Messenger (may peace be upon him) to spend in Mecca the nights (which be was required to spend) at Mina on account of his office of supplier of water, and he (the Holy Prophet) granted him permission.

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

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 that Yahya ibn Said heard Jamil ibn Abd ar-Rahman the Muadhdhin say to Said ibn al-Musayyab, "I am a man who buys whatever Allah wills of the receipts for the provisions which people are offered at al-Jar. I want to take payment for goods that I guarantee to deliver at a future date." Said said to him, "Do you intend to settle these things with receipts for provisions you have bought?" He said, "Yes." So he forbade that.

Malik said, "The generally agreed on way of doing things among us in which there is no dispute, about buying food - wheat, barley, durra-sorghum, pearl millet, or any pulse or anything resembling pulses on which zakat is obliged, or condiments of any sort - oil, ghee, honey, vinegar, cheese, sesame oil, milk and so on, is that the buyer should not re- sell any of that until he has taken possession and complete delivery of it.

Abu Tamimah reported from a man of his tribe “The Prophet (saws) heard a man say his wife “O my younger sister! So he prohibited him (addressing his wife in this manner)

Abu Dawud said “This tradition has also been transmitted by ‘Abd Al Aziz bin Al Mukhtar from Khalid from Abu ‘Uthman from Abu Thamimah from the Prophet (saws). This has also been narrated by Shu’bah from Khalid from a man on the authority of Abu Thamimah from the Prophet (saws).

Muhammad ibn Yahya ibn Habban asked Abdullah ibn Abdullah ibn Umar about the reason for Ibn Umar's performing ablution for every prayer, whether he was with or without ablution.

He replied: Asma', daughter of Zayd ibn al-Khattab, reported to me that Abdullah ibn Hanzalah ibn AbuAmir narrated to her that the Messenger of Allah (saws) was earlier commanded to perform ablution for every prayer whether or not he was with ablution.

When it became a burden for him, he was ordered to use tooth-stick for every prayer. As Ibn Umar thought that he had the strength (to perform the ablution for every prayer), he did not give up performing ablution for every prayer.

Abu Dawud said: Ibrahim b. Sa'd narrated this tradition on the authority of Muhammad b. Ishaq, and there he mentions the name of 'Ubaid Allah b. 'Abd Allah (instead of 'Abd Allah b. 'Abd Allah b. 'Umar)

Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said, "Umm Salama, the wife of Abu Talha al-Ansari, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah is not ashamed of the truth-does a woman have to do ghusl if she has had an erotic dream?' He said, 'Yes, if she sees any liquid.' "

Abu Dawud said: I heard Ahmad b. Hanbal say: 'Abd al-Razzaq said that Ibn al-Mubarak said to Ma'mar: Who is this Abu al-Hasan ? He bore a big rock.

Abu Dawud said: Al-Zuhri has narrated (traditions) on the authority of this Abu al-Hasan. Al-Zuhri said: He was lawyer, and al-Zuhri narrated many traditions from Abu al-Hasan.

Abu Dawud said: Abu al-Hasan is well known narrator. This tradition is not practiced.

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.”

'Uthman prayed four rak'ahs at Mina. 'Abd Allah (b. Mas'ud) said: I prayed two rak'ahs along with the Prophet (saws) and two rak'ahs along with 'Umar. The version of Hafs added: And along with 'Uthman during the early period of his caliphate. He ('Uthman) began to offer complete prayer (i.e. four rak'ahs) later on. The version of Abu Mu'awiyah added: Then your modes of action varied. I would like to pray two rak'ahs acceptable to Allah instead of four rak'ahs.

Al-A'mash said: Mu'awiyah b. Qurrah reported to me from his teachers: 'Abd Allah (b. Mas'ud) once prayed four rak'ahs. He was told: You criticized 'Uthman but you yourself prayed four ? He replied: Dissension is evil.