I was the leader of the delegation of Banu al-Muntafiq or (the narrator doubted) I was among the delegation of Banu al-Muntafiq that came to the Messenger of Allah (saws). When we reached the Prophet, we did not find him in his house. We found there Aisha, the Mother of the Believers. She ordered that a dish called Khazirah should be prepared for us. It was then prepared. A tray containing dates was then presented to us. (The narrator Qutaybah did not mention the word qina', tray).

Then the Messenger of Allah (saws) came. He asked: Has anything been served to you or ordered for you? We replied: Yes, Messenger of Allah. While we were sitting in the company of the Messenger of Allah (saws) we suddenly saw that a shepherd was driving a herd of sheep to their fold. He had with him a newly-born lamb that was crying.

He (the Prophet) asked him: What did it bear, O so and so? He replied: A ewe. He then said: Slaughter for us in its place a sheep. Do not think that we are slaughtering it for you. We have one hundred sheep and we do not want their number to increase. Whenever a ewe is born, we slaughter a sheep in its place.

(The narrator says that the Prophet (saws) used the word la tahsabanna, do not think).

I (the narrator Laqit) then said: Messenger of Allah, I have a wife who has something (wrong) in her tongue, i.e. she is insolent. He said: Then divorce her. I said: Messenger of Allah, she had company with me and I have children from her. He said: Then ask her (to obey you). If there is something good in her, she will do so (obey); and do not beat your wife as you beat your slave-girl.

I said: Messenger of Allah, tell me about ablution. He said: Perform ablution in full and make the fingers go through the beard and snuff with water well except when you are fasting.

I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.

I said: Go along with me to the Messenger of Allah (saws).

They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.

He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.

He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.

He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.

He said: Feed sixty poor people with a wasq of dates.

I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.

He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.

Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.

Ibn ‘Abbas said “Hilal bin Umayyah accused his wife in the presence of Prophet (saws) of having committed adultery with Sharik bin Sahma’”. The Prophet (saws) said “Produce evidence or you must receive punishment on your back.” He said “Apostle of Allaah(saws) when one of us sees a man having intercourse with his wife should he go and seek evidence?” But the Prophet (saws) merely said “You must produce evidence or you must receive punishment on your back.” Hilal then said “By Him Who sent you with the Truth, I am speaking Truly. May Allaah send down something which will free my back from punishment. Then the following Qur’anic verses were revealed “And those who make charges against their spouses but have no witnesses except themselves” reciting till he reached “one of those who speak the truth”. The Prophet (saws) then returned and sent for them and they came (to him). Hilal bin Umayyah stood up and testified and the Prophet (saws) was saying “Allaah knows that one of you is lying. Will one of you repent?” Then the woman got up and testified, but when she was about to do it a fifth time saying that Allaah’s anger be upon her if he was one of those who spoke the truth, they said to her “this is the deciding one”. Ibn ‘Abbas said “She then hesitated and drew back so that we thought the she would withdraw(what she said) “Look and see whether she gives birth to a child with eyes looking as if they have antimony in them, wide buttocks and fat legs, if she did. Sharik bin Sahma’ will be its father. She then gave birth to a child of a similar description. The Prophet (saws) thereupon said “If it were not for what has already been stated in Allaah’s book I would have dealt severely with her.”

Abu Dawud said “This tradition has been transmitted by the people of Medina alone. They narrated the tradition of Hilal on the authority of Ibn Bashshar.”

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

Asim ibn Humayd said: I asked Aisha: By what words the Messenger of Allah (saws) would begin his supererogatory prayer at night?

She replied: You ask me about a thing of which no one asked me before you. When he stood up, be uttered the takbir (Allah is most great) ten times, and uttered "Praise be to Allah" ten times, and uttered "Glory be to Allah " ten times, and uttered "There is no god but Allah" ten times, and sought forgiveness ten times, and said: O Allah, forgive me, and guide me, and give me sustenance, and keep me well, and he sought refuge in Allah from the hardship of standing before Allah on the Day of Judgment.

Abu Dawud said: This tradition has also been narrated by Khalid b. Ma'dan from Rab'iah al-Jarashi on the authority of 'Aishah.

In Surat al-Muzzammil (73), the verse: "Keep vigil at night but a little, a half thereof" (2-3) has been abrogated by the following verse: "He knoweth that ye count it not, and turneth unto you in mercy. Recite then of the Qur'an that which is easy for you" (v.20). The phrase "the vigil of the night" (nashi'at al-layl) means the early hours of the night. They (the companions) would pray (the tahajjud prayer) in the early hours of the night.

He (Ibn Abbas) says: It is advisable to offer the prayer at night (tahajjud), prescribed by Allah for you (in the early hours of the night). This is because when a person sleeps, he does not know when he will awake. The words "speech more certain" (aqwamu qilan) means that this time is more suitable for the understanding of the Qur'an. He says: The verse: "Lo, thou hast by day a chain of business" (v.7) means engagement for long periods (in the day's work).

I went to al-Hirah and saw them (the people) prostrating themselves before a satrap of theirs, so I said: The Messenger of Allah (saws) has most right to have prostration made before him. When I came to the Prophet (saws), I said: I went to al-Hirah and saw them prostrating themselves before a satrap of theirs, but you have most right, Messenger of Allah, to have (people) prostrating themselves before you. He said: Tell me , if you were to pass my grave, would you prostrate yourself before it? I said: No. He then said: Do not do so. If I were to command anyone to make prostration before another I would command women to prostrate themselves before their husbands, because of the special right over them given to husbands by Allah.

The Messenger of Allah (saws) sent us on foot to get spoil, but we returned without getting any. When he saw the signs of distress on our faces, he stood up on our faces and said: O Allah, do not put them under my care, for I would be too weak to care for them; do not put them in care of themselves, for they would be incapable of that, and do not put them in the care of men, for they would choose the best things for themselves. He then placed his hand on my head and said: Ibn Hawalah, when you see the caliphate has settled in the holy land, earthquakes, sorrows and serious matters will have drawn near and on that day the Last Hour will be nearer to mankind than this hand of mine is to your head.

Abu Dawud said: 'Abd Allah b. Hawalah belongs to Hims.

The Messenger of Allah (saws) said on the day of Badr: He who does such-and-such, will have such-and such. The young men came forward and the old men remained standing near the banners, and they did not move from there. When Allah bestowed victory on them, the old men said: We were support for you. If you had been defeated, you would have returned to us. Do not take this booty alone and we remain (deprived of it). The young men refused (to give), and said: The Messenger of Allah (saws) has given it to us. Then Allah sent down: "They ask thee concerning (things taken as) spoils of war, Say: (Such) spoils are at the disposal of Allah and the Apostle......Just as they Lord ordered thee out of thy house in truth, even though a party among the believers disliked it." This proved good for them. Similarly obey me. I know the consequence of this better than you.

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.

Abu Dawud said: This tradition has also been transmitted by 'Abd al-A'la from Ibn Ishaq who said: Abu Majidah is a man of Banu Sahm narrating from 'Umar b. al-Khattab.

He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah of the Messenger of Allah (saws).

He asked: (What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah (saws) and in Allah's Book?

He replied: I shall do my best to form an opinion and I shall spare no effort.

The Messenger of Allah (saws) then patted him on the breast and said: Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah.

The Prophet (saws) said: If anyone is called by my name, he must not be given my kunyah (surname), and if anyone uses my kunyah (surname), he must not be called by my name.

Abu Dawud said: Ibn 'Ajlan transmitted it to the same effect from his father on the authority if Abu Hurairah. It has also been transmitted by Abu Zar'ah from Abu Hurairah in two different versions. And similar is the version of 'Abd al-Rahman b. Abi 'Amrah from Abu Hurairah. This version is disputed: Al-Thawri and Ibn Juraij transmitted it according to the version of Abu al-Zubair; and Ma'qil b. 'Ubaid Allah transmitted it according to the version of Ibn Sirin. It is again dispted on Musa b. Yasar from Abu Hurariah, transmitting it in two versions: Hammad b. Khalid and Ibn Abi Fudaik varied in their versions.

Anas said The Prophet(saws) passed the night at Dhu al Hulaifah till the morning came. He then rode (on his she Camel) which stood up with him on her back. When he reached al Baida, he praied Allaah, glorified Him and expressed His greatness. He then raised his voice in talbiyah for Hajj and ‘Umrah. The people too raised their voices in talbiyah for both of them. When we came (to Makkah), he ordered the people to take off their ihram and they did so. When the eight of Dhu Al Hijjah came, they again raised their voices in talbiyah for Hajj (i.e., wore ihram for Hajj). The Apostle of Allaah(saws) sacrificed seven Camels standing with his own hand.

Abu Dawud said The version narrated by Anas alone has the words. He began with the praise, glorification and exaltation of Allaah, then he raised his voice in talbiyah for Hajj.

Yahya related to me from Malik from Afif as-Sahmi that a man from the tribe of Bani Asad asked Abu Ayyub al-Ansari. "Sometimes I pray in my house, and then come to the mosque and find the imam praying. Should I pray with him?" Abu Ayyub said, "Yes, pray with him, for some one who does so has the reward of the group, or the equivalent of the reward of the group."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked whether, when a man married a slave of his to a slave-girl and the slave divorced her irrevocably, and then her master gave her to the slave, she was then halal for the slave by the possession of the right hand. They said, "No. She is not halal until she has married another husband."

Yahya related to me from Malik from Abu'r-Rijal Muhammad ibn Abd ar-Rahman ibn Haritha from his mother, Amra bint Abd ar-Rahman that the Messenger of Allah, may Allah bless him and grant him peace, forbade selling fruit until it was clear of blight. Malik said, "Selling fruit before it has begun to ripen is an uncertain transaction (gharar) ."

Yahya related to me from Malik from Muslim ibn Abi Maryam from Abu Salih as-Samman that Abu Hurayra said, "The actions of people are presented twice each week, on Monday and Thursday. Every trusting slave is forgiven except for a slave who has enmity between him and his brother. It is said, 'Leave these two until they turn in tawba. Leave these two until they turn in tawba.' ''

Yahya related to me from Malik from Yahya ibn Said from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, stood up in the night and looked at the horizon of the sky. He said, "What treasures has the night opened? What trials have occurred? How many are dressed in this world and will be naked on the Day of Rising. Warn the women in their rooms."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one source that the Messenger of Allah, may Allah bless him and grant him peace, assigned the mines of al Qabaliyya, which is in the direction of al-Fur, to Bilal ibn Harith al-Mazini, and nothing has been taken from them up to this day except zakat.

Malik said, "The position which we are agreed upon, and which I have heard the people of knowledge mentioning, is that rikaz refers to treasure which has been found which was buried during the jahiliyya, as long as neither capital is required, nor expense, great labour or inconvenience incurred in recovering it. If capital is required or great labour is incurred, or on one occasion the mark is hit and on another it is missed, then it is not rikaz."

That the Messenger of Allah (saws) said: "Ours is not a bad example: The one who takes back his gift is like the dog who takes back his vomit."

[He said:] On this topic, there is the narration from Ibn 'Umar from the Prophet (saws) that he said: "It is not lawful for anyone that has given a gift to take it back, except for a father who gives something to his son."