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.

Another chain reports a similar hadith.

Yahya related to me from Malik that he had heard from Amir ibn Sad ibn Abi Waqqas that his father said, "There were two brothers, one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Wasn't the other one a muslim?' They said, 'Of course, Messenger of Allah, and there was no harm in him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.' "

"The Messenger of Allah (saws) prohibited sales of Al-Munabadhah and Al-Mulamasah."

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

[Abu 'Eisa said:] The Hadith is Abu Hurairah is a Hasan Sahih Hadith. And the meaning of (Munabadhah) in this Hadith is when it is said: "When I throw something to you then the sale between you and I is concluded." And Al-Mulamasah is that he says: "When you touch something then the sale is concluded." Even if he did not see it at all, like if it was inside of a bag or something else. There are merely sales practices of the people of Jahiliyyah so they were prohibited.

That he heard Allah's Apostle saying, "While a lady was nursing her child, a rider passed by and she said, 'O Allah! Don't let my child die till he becomes like this (rider).' The child said, 'O Allah! Don't make me like him,' and then returned to her breast (sucking it). (After a while) they passed by a lady who was being pulled and teased (by the people). The child's mother said, 'O Allah! Do not make my child like her.' The child said, 'O Allah! Make me like her.' Then he said, 'As for the rider, he is an infidel, while the lady is accused of illegal sexual intercourse (falsely) and she says: Allah is sufficient for me (He knows the truth).

The Messenger of Allah (saws) used to observe the witr prayer with nine rak'ahs. Then he used to pray seven rak'ahs (of witr prayer). He would pray two rak'ahs sitting after the witr in which he would recite the Qur'an (sitting). When he wished to bow, he stood up and bowed and prostrated.

Abu Dawud said: These two traditions have been transmitted by Khalid b. 'Abd Allah al-Wasiti. In his version he said: 'Alqamah b. Waqqas said: O mother, how did he pray the two rak'ahs ? He narrated the rest of the tradition to the same effect.

AbuNadrah reported: An old man of Tufawah said to me: I was a guest of AbuHurayrah at Medina. I did not find any one of the companions of the Prophet (saws) more devoted to worship and more hospitable than AbuHurayrah.

One day I was with him when he was sitting on his bed. He had a purse which contained pebbles or kernels. A black slave-girl of his was sitting below. Counting them he was glorifying Allah. When the pebbles or the kernels in the purse were finished, she gathered them and put them again in the purse, and gave it to him. He said: Should I not tell you about me and about the Messenger of Allah (saws)?

I said: Yes. He said: Once when I was laid up with fever in the mosque, the Messenger of Allah (saws) came and entered the mosque, and said: Who saw the youth of ad-Daws. He said this three times.

A man said: Messenger of Allah, there he is, laid up with fever on one side of the mosque. He moved, walking forward till he reached me. He placed his hand on me. He had a kind talk with me, and I rose. He then began to walk till he reached the place where he used to offer his prayer. He paid his attention to the people. There were two rows of men and one row of women, or two rows of women and one row of men (the narrator is doubtful).

He then said: If Satan makes me forget anything during the prayer, the men should glorify Allah, and the women should clap their hands. The Messenger of Allah (saws) then prayed and he did not forget anything during the prayer.

He said: Be seated in your places, be seated in your places. The narrator, Musa, added the word "here". He then praised Allah and exalted Him, and said: Now to our topic.

The agreed version begins: He then said: Is there any man among you who approaches his wife, closes the door, covers himself with a curtain, and he is concealed with the curtain of Allah?

They replied: Yes. He said: later he sits and says: I did so-and-so; I did so-and-so. The people kept silence. He then turned to the women and said (to them): Is there any woman among you who narrates it? They kept silence. Then a girl fell on one of her knees. The narrator, Mu'ammil, said in his version: a buxom girl. She raised her head before the Messenger of Allah (saws) so that he could see her and listen to her.

She said: Messenger of Allah, they (the men) describe the secrets (of intercourse) ...

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of ...

The Prophet said, "The example of a believer is like a green tree, the leaves of which do not fall." The people said. "It is such-and-such tree: It is such-and-such tree." I intended to say that it was the datepalm tree, but I was a young boy and felt shy (to answer). The Prophet said, "It is the date-palm tree." Ibn `Umar added, " I told that to `Umar who said, 'Had you said it, I would have preferred it to such-and such a thing."

The Prophet said, "The example of a miser and the one who gives in charity, is like the example of two men wearing iron cloaks so tightly that their arms are raised forcibly towards their collar-bones. So, whenever a charitable person wants to give in charity, his cloak spreads over his body so much so that it wipes out his traces, but whenever the miser wants to give in charity, the rings (of the iron cloak) come closer to each other and press over his body, and his hands gets connected to his collarbones. Abu Huraira heard the Prophet saying. "The miser then tries to widen it but in vain."

The Prophet (p.b.u.h) recited (the Qur'an) aloud during the eclipse prayer and when he had finished the eclipse prayer he said the Takbir and bowed. When he stood straight from bowing he would say "Sami 'allahu liman hamidah Rabbana wa laka l-hamd." And he would again start reciting. In the eclipse prayer there are four bowing and four prostrations in two rak`at. Al-Auza'i and others said that they had heard Az-Zuhri from 'Urwa from `Aisha saying, "In the lifetime of Allah's Apostle the sun eclipsed, and he made a person to announce: 'Prayer in congregation.' He led the prayer and performed four bowing and four prostrations in two rak`at." Narrated Al-Walid that `Abdur-Rahman bin Namir had informed him that he had heard the same. Ibn Shihab heard the same. Az-Zuhri said, "I asked ('Urwa), 'What did your brother `Abdullah bin Az-Zubair do? He prayed two rak`at (of the eclipse prayer) like the morning prayer, when he offered the (eclipse) prayer in Medina.' 'Urwa replied that he had missed (i.e. did not pray according to) the Prophet's tradition." Sulaiman bin Kathir and Sufyan bin Husain narrated from Az-Zuhri that the prayer for the eclipse used to be offered with loud recitation.

Yahya related to me from Malik that he had heard that Muhammad Sirin used to say, "Do not sell grain on the ears until it is white."

Malik said, "If someone buys food for a known price to be delivered at a stated date, and when the date comes, the one who owes the food says, 'I do not have any food, sell me the food which I owe you with delayed terms.' The owner of the food says, 'This is not good, because the Messenger of Allah, may Allah bless him and grant him peace, forbade selling food until the deal was completed.' The one who owes the food says to his creditor, 'Sell me any kind of food on delayed terms until I discharge the debt to you.' This is not good because he gives him food and then he returns it to him. The gold which he gave him becomes the price of that which is his right against him and the food which he gave him becomes what clears what is between them. If they do that, it becomes the sale of food before the deal is complete."

Malik spoke about a man who was owed food which he had purchased from a man and this man was owed the like of that food by another man. The one who owed the food said to his creditor, "I will refer you to my debtor who owes me the same amount of food as I owe you, so that you may obtain the food which I owe you ."

Malik said, "If the man who had to deliver the food, had gone out, and bought the food to pay off his creditor, that is not good. That is selling food before taking possession of it. If the food is an advance which falls due at that particular time, there is no harm in paying off his creditor with it because that is nota sale. It is not halal to sell food before receiving it in full since the Messenger of Allah, may Allah bless him and grant him peace, forbade that. However, the people of knowledge agree that there is no harm in partnership, transfer of responsibility and revocation in sales of food and other goods."

Malik said, "That is because the people of knowledge consider it as a favour rendered. They do not consider it as a sale. It is like a man lending light dirhams. He is then paid back in dirhams of full weight, and so gets back more than he lent. That is halal for him and permitted. Had a man bought defective dirhams from him as being the full weight, that would not be halal. Had it been stipulated to him that he lend full weight in dirhams, and then he gave faulty ones, that would not be halal for him."

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

The Messenger of Allah (saws) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Muhammad ibn Sirin from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, finished the prayer after two rakas and Dhu'l-Yadayn said to him, "Has the prayer been shortened or have you forgotten, Messenger of Allah?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Has Dhu'l-Yadayn spoken the truth?" The people said, "Yes," and the Messenger of Allah, may Allah bless him and grant him peace, stood and prayed the other two rakas and then said, "Peace be upon you." Then he said, "Allah is greater" and went into a sadja as long as his usual prostrations or longer. Then he came up and said, "Allah is greater" and went into a sajda as long as his usual prostrations or longer and then came up.

AbuHurayrah replied: Yes. Marwan then asked: When? AbuHurayrah said: On the occasion of the Battle of Najd. The Messenger of Allah (saws) stood up to offer the afternoon prayer. One section stood with him (to pray) and the other was standing before the enemy, and their backs were towards the qiblah. The Messenger of Allah (saws) uttered the takbir and all of them too uttered the takbir, i.e. those who were with him and those who were facing the enemy. Then the Messenger of Allah (saws) offered one rak'ah and the section that was with him also prayed one rak'ah. He then prostrated himself and those who were with him also prostrated, while the other section was standing before the enemy.

The Messenger of Allah (saws) then stood up and the section with him also stood up. They went and faced the enemy and the section that was previously facing the enemy stepped forward. They bowed and prostrated while the Messenger of Allah (saws) was standing in the same position. Then they stood up and the Messenger of Allah (may peace be upon) prayed another rak'ah and all of them bowed and prostrated along with him. After that the section that was standing before the enemy came forward and they bowed and prostrated, while the Messenger of Allah (saws) remained seated and also those who were with him. The salutation then followed. The Messenger of Allah (saws) uttered the salutation and all of them uttered it together. The Messenger of Allah (saws) prayed two rak'ahs and each of the two sections prayed one rak'ah with him (and the other by themselves).

While I was taking part in a Ghazwa. I heard `Abdullah bin Ubai (bin Abi Salul) saying. "Don't spend on those who are with Allah's Apostle, that they may disperse and go away from him. If we return (to Medina), surely, the more honorable will expel the meaner amongst them." I reported that (saying) to my uncle or to `Umar who, in his turn, informed the Prophet of it. The Prophet called me and I narrated to him the whole story. Then Allah's Apostle sent for `Abdullah bin Ubai and his companions, and they took an oath that they did not say that. So Allah's Apostle disbelieved my saying and believed his. I was distressed as I never was before. I stayed at home and my uncle said to me. "You just wanted Allah's Apostle to disbelieve your statement and hate you." So Allah revealed (the Sura beginning with) 'When the hypocrites come to you.' (63.1) The Prophet then sent for me and recited it and said, "O Zaid! Allah confirmed your statement."

When the Prophet, became ill in his fatal illness, Someone came to inform him about the prayer, and the Prophet told him to tell Abu Bakr to lead the people in the prayer. I said, "Abu Bakr is a softhearted man and if he stands for the prayer in your place, he would weep and would not be able to recite the Qur'an." The Prophet said, "Tell Abu Bakr to lead the prayer." I said the same as before. He (repeated the same order and) on the third or the fourth time he said, "You are the companions of Joseph. Tell Abu Bakr to lead the prayer." So Abu Bakr led the prayer and meanwhile the Prophet felt better and came out with the help of two men; as if I see him just now dragging his feet on the ground. When Abu Bakr saw him, he tried to retreat but the Prophet beckoned him to carry on. Abu Bakr retreated a bit and the Prophet sat on his (left) side. Abu Bakr was repeating the Takbir (Allahu Akbar) of Allah's Apostle for the people to hear.

In the lifetime of Allah's Apostle (p.b.u.h) the sun eclipsed, so he led the people in prayer, and stood up and performed a long Qiyam, then bowed for a long while. He stood up again and performed a long Qiyam but this time the period of standing was shorter than the first. He bowed again for a long time but shorter than the first one, then he prostrated and prolonged the prostration. He did the same in the second rak`a as he did in the first and then finished the prayer; by then the sun (eclipse) had cleared. He delivered the Khutba (sermon) and after praising and glorifying Allah he said, "The sun and the moon are two signs against the signs of Allah; they do not eclipse on the death or life of anyone. So when you see the eclipse, remember Allah and say Takbir, pray and give Sadaqa." The Prophet then said, "O followers of Muhammad! By Allah! There is none who has more ghaira (selfrespect) than Allah as He has forbidden that His slaves, male or female commit adultery (illegal sexual intercourse). O followers of Muhammad! By Allah! If you knew that which I know you would laugh little and weep much.

"The Messenger of Allah (saws) sent us with an army and said: 'If you see so-and-so, and so-and-so' referring to two men from the Quraish: 'then burn them with fire.' Then, upon our departure, the Messenger of Allah (saws) said: 'I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allah. So if you see them, then kill them.'"

There are narrations on this topic from Ibn 'Abbas and Hamzah bin 'Amr Al-Aslami.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. In this Hadith, Muhammad bin Ishaq mentioned a man (narrating) between Sulaiman bin Yasar and Abu Hurairah. Others reported this Hadith the same as Al-Laith reported it(here, without a man between them). The narration of Al-Laith bin Sa'd is more appropriate and more correct.

The Prophet (saws) said: A boy is in pledge for his Aqiqah. Sacrifice is made for him on the seventh day, his head is shaved and is smeared with blood.

When Qatadah was asked about smearing with blood, how that should be done, he said: When you cut the head (i.e. throat) of the animal (meant for Aqiqah), you may take a few hair of it, place them on its veins, and then place them in the middle of the head of the infant, so that the blood flows on the hair (of the infant) like a threat. Then its head may be washed and shaved off.

Abu Dawud said: In narrating the word "is smeared with blood" (yudamma) there is a misunderstanding on the part of Hammam.

Abu Dawud said: Hammam has been opposed in narrating the words "is smeared with blood". This is misunderstanding of Hammam. They narrated he word "he is given a name (yusamma) and Hammam narrated it "is smeared with blood" (yudamma).

Abu Dawud said: This tradition is not followed.

It was narrated from `Ata` bin Yazeed al-Junda`i that he heard Humran the freed slave of `Uthman bin `Affan (رضي الله عنه), say. I saw Ameer al-Mu`mineen `Uthman do wudoo’; he poured water onto his hands three times, then he rinsed his nose three times and rinsed his mouth three times... and he mentioned the Hadeeth, similar to the Hadeeth of Ma`mar.

Another chain reports the same.

The Prophet said, "Your life in comparison to the lifetime of the past nations is like the period between the time of `Asr prayer and sunset. Your example and the example of the Jews and Christians is that of person who employed laborers and said to them, "Who will work for me till the middle of the day for one Qirat (a special weight)?' The Jews did. He then said, "Who will work for me from the middle of the day till the `Asr prayer for one Qirat each?" The Christians worked accordingly. Then you (Muslims) are working from the `Asr prayer till the Maghrib prayer for two Qirats each. They (the Jews and the Christians) said, 'We did more labor but took less wages.' He (Allah) said, 'Have I wronged you in your rights?' They replied, 'No.' Then He said, 'This is My Blessing which I give to whom I wish."

(the mother of the faithful believers) Al-Harith bin Hisham asked Allah's Apostle "O Allah's Apostle! How is the Divine Inspiration revealed to you?" Allah's Apostle replied, "Sometimes it is (revealed) like the ringing of a bell, this form of Inspiration is the hardest of all and then this state passes off after I have grasped what is inspired. Sometimes the Angel comes in the form of a man and talks to me and I grasp whatever he says." 'Aisha added: Verily I saw the Prophet being inspired divinely on a very cold day and noticed the sweat dropping from his forehead (as the Inspiration was over).

In the lifetime of the Prophet the sun eclipsed and the Prophet (p.b.u.h) stood up to offer the prayer with the people and recited a long recitation, then he performed a prolonged bowing, and then lifted his head and recited a prolonged recitation which was shorter than the first. Then he performed a prolonged bowing which was shorter than the first and then lifted his head and performed two prostrations. He then stood up for the second rak`a and offered it like the first. Then he stood up and said, "The sun and the moon do not eclipse because of someone's life or death but they are two signs amongst the signs of Allah which He shows to His worshipers. So whenever you see them, make haste for the prayer."

That the Prophet (saws) said: "Whoever buys food, then he is not to sell it until he takes possession of it." Ibn 'Abbas said: "All things are considered the same (in this regard)."

[He said:] There are narrations on this topic from Jabir, Ibn 'Umar, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Sahih Hadith.