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 that the best of what he had heard about horses, mules, and donkeys was that they were not eaten because Allah, the Blessed, the Exalted,said, "And horses, and mules and asses, for you to ride, and as an adornment. " (Sura 16 ayat 8) . He said, may He be Blessed and Exalted, "In cattle, some of them you ride, and some of them you eat." (Sura 6 ayat 79). He said, the Blessed, the Exalted, "Mention Allah's name over what He has provided you of cattle, and eat of them and feed the beggar (al-qani) and the suppliant (al-mutarr). (Sura 22 ayat 34).

Malik said "Allah mentioned horses, mules, and donkeys for riding and adornment, and He mentioned cattle for riding and eating."

Malik said, "Al-qani also means the poor."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man of Thaqif gave his wife command over herself, and she said, "You are divorced." He was silent. She said, "You are divorced." He said, "May a stone be in your mouth." She said, "You are divorced." He said, "May a stone be in your mouth." They argued and went to Marwan ibn al-Hakam. He took an oath that he had only given her control over one pronouncement, and then she returned to him.

Malik said that Abd ar-Rahman declared that this decision had amazed al-Qasim, who thought it the best that he had heard on the subject.

Malik added, "That is also the best of what I have heard on the subject."

Yahya related to me from Malik from Abd al-Hamid ibn Suhayl ibn Abd ar-Rahman ibn Awf from Said ibn al-Musayyab from Abu Said al- Khudri and from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, appointed a man as an agent in Khaybar, and he brought him some excellent dates. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Are all the dates of Khaybar like this?" He said,"No. By Allah, Messenger of Allah! We take a sa of this kind for two sa or two sa for three." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do not do that. Sell the assorted ones for dirhams and then buy the good ones with the dirhams."

That the Messenger of Allah (saws) said: "Whoever meets Allah without any traces from Jihad he meets Allah with a defect.

[Abu 'Eisa said:] This Hadith is Gharib as a narration of Al-Walid bin Muslim from Isma'il bin Rafi'. Isma'il bin Rafi' was graded weak by some of the people of Hadith. I heard Muhammad saying: "He is trustworthy, average (Muqarib) in Hadith."

This Hadith has been reported from Abu Hurairah from the Prophet (saws) through other than this route. Regarding the Hadith of Salman, its chain is not connected, Muhammad bin Al-Munkadir did not see Salman Al-Farisi.

This Hadith has been reported from Ayyub bin Musa, from Makhul, from Shurahbil bin As-Simt from Salman, from the Prophet (saws).

"The Messenger of Allah sent us on a military expedition, and the people turned to escape. So we arrived in Al-Madinah and concealed ourselves in it and we said: 'We are ruined.' Then we went to the Messenger of Allah (saws) and we said: 'O Messenger of Allah! We are those who fled.' He said: 'Rather you are Al-'Akkarun (those who are regrouping) and I am your reinforcement.

[Abu 'Eisa said:] This Hadith is Hasan Gharib. We do not know of it except as a narration of Yazid bin Abi Ziyad. And the meaning of his saying: "The people turned to escape" is that they fled from the fighting. As for the meaning of his saying: "Rather you are Al-'Akkarun," the 'Akkar is the one who flees to his Imam in order that he may help him, it does not mean fleeing from the advancing army.

That the Prophet (saws) "Every intoxicant is unlawful."

He said: There are narrations on this topic from 'Umar, 'Ali, Ibn Mas'ud, Anas, Abu Sa'eed, Abu Musa, Al-Ashajj, Al-Asri', Dailam, Maimunah, 'Aishah, Ibn 'Abbas, Qais bin Sa'd, An-Nu'man bin Bashir, Mu'awiyah, 'Abdullah bin Mughaffal, Umm Salamah, Buraidah, Abu Hurairah, Wa'il bin Hujr, and Qurrah Al-Muzani.

[Abu 'Eisa said:] This Hadith is Hasan. Similar was reported from Abu Salamah, from Abu Hurairah, from the Prophet (saws). Both of these are Sahih. More than one narrator reported similarly from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah, from the Prophet (saws), and from Abu Salamah, from Ibn 'Umar, from the Prophet (saws).

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.

[Al-Bukhari and Muslim].

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn al-Khattab wrote to Abu Musa al-Ashari that he should pray asr when the sun was still pure white so that a man could ride three farsakhs (before maghrib) and that he should pray Isha during the first third of the night, or, if he delayed it, then up until the middle of the night, and he warned him not to be forgetful.

Yahya related to me from Malik from AIqama ibn Abi AIqama that his mother, the mawla of A'isha, umm al-muminin, said, "Women used to send little boxes to A'isha, umm al-muminin, with a piece of cotton cloth in each one on which was yellowness from menstrual blood, asking her about the prayer. She said to them, 'Do not be hasty until you see a white discharge." By that she meant purity from menses.

Yahya related to me from Malik from Damra ibn Said al-Mazini from Ubaydullah ibn Abdullah ibn Utba ibn Masud that ad-Dahhak ibn Qays asked an-Numan ibn Bashir, "What did the Messenger of Allah, may Allah bless him and grant him peace, use to recite on the day of jumua after suratal-Jumua (Sura 62)?" He said, "He used to recite al-Ghashiya (Sura 88)."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The Messenger of Allah, may Allah bless him and grant him peace, did not pray dhuhr and asr on the day of the Trench until after the sun had set."

Malik said, "The hadith of al- Qasim ibn Muhammad from Salih ibn Khawwat is the one I like most out of what I have heard about the fear prayer."

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said, ''Rabia ibn Umayya made a temporary marriage with a woman and she is pregnant by him.'' Umar ibn al-Khattab went out in dismay dragging his cloak, saying, "This temporary marriage, had I come across it, I would have ordered stoning and done away with it! "

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Said ibn al-Musayyab said, "Her husband is obliged to pay it." Someone asked, "what if her husband does not have it?" He said, "Then she must pay it." Someone asked, "And if she does not have it?" He said, "Then the Amir must pay it."

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Thabit ibn ad-Dahhak al-Ansari told him that he had found a camel at Harra, so he hobbled it and mentioned it to Umar ibn al-Khattab and Umar ordered him to make it known three times. Thabit said to him, "That would distract me from the running of my estate." Umar said to him, "Then let it go where you found it."

Yahya related to me from Malik that his paternal uncle, Abu Suhayl ibn Malik said, "I was a prisoner with Umar ibn Abd al-Aziz. He said, 'What do you think about these Qadariyya (fatalists)?' I said, 'My opinion is that one should ask them to turn from wrong action, if they will do so. If not, subject them to the sword.' Umar ibn Abd al- Aziz said, 'That is my opinion.

Malik added, "That is my opinion also."

From his father that Rukanah wrestled the Prophet (saws) and the Prophet (saws) won the match. Rukanah said: "I heard the Messenger of Allah (saws) saying: 'Indeed what distinguishes between us and between the idolater is the turban over the cap.'"

[Abu 'Eisa said:] This Hadith is Hasan Gharib. Its chain is not established, and we do not know of Abu Al-Hasan Al-'Asqalani, nor Ibn Rukanah.

"We would eat during the time of the Messenger of Allah (saws) while we were walking, and we would drink while we were standing."

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib as a narration of 'Ubaidullah bin 'Umar, from Nafi', from Ibn 'Umar. 'Imran bin Hudair reported this Hadith from Abu Al-Bazari, from Ibn 'Umar. Abu Al-Bazari's name is Yazid bin 'Utarid.