Malik related to me from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Abd al-Malik ibn Abi Bakr ibn Abd ar-Rahman ibn al- Harith ibn Hisham that his father told him that al-Asi ibn Hisham had died and left three sons, two by one wife and one by another wife. One of the two with the same mother died and left property and mawali. His full brother inherited his property and the wala' of his mawali. Then he also died, and left as heirs his son and his paternal half brother. His son said, "I obtain what my father inherited of property and the wala' of the mawali." His brother said, "It is not like that. You obtain the property. As for the wala' of the mawali, it is not so. Do you think that had it been my first brother who died today, I would not have inherited from him?" They argued and went to Uthman ibn Affan. He gave a judgement that the brother had the wala' of the mawali.

Yazid prayed along with the Messenger of Allah (saws) when he was a young boy. When he (the Prophet) had prayed there were two persons (sitting) in the corner of the mosque; they did not pray (along with the Prophet). He called for them. They were brought trembling (before him). He asked: What prevented you from praying along with us? They replied: We have already prayed in our houses. He said: Do not do so. If any of you prays in his house and finds that the imam has not prayed, he should pray along with him; and that will be a supererogatory prayer for him.

I heard the Messenger of Allah (saws) say when they (messengers sent by Musaylimah) read the letter of Musaylimah: What do you believe yourselves? They said: We believe as he believes. He said: I swear by Allah that were it not that messengers are not killed, I would cut off your heads.

(the wife of the Prophet) I had seen my parents following Islam since I attained the age of intelligence. Not a day passed but the Prophet visited us, both in the mornings and evenings. My father Abu Bakr thought of building a mosque in the courtyard of his house and he did so. He used to pray and recite the Qur'an in it. The pagan women and their children used to stand by him and look at him with surprise. Abu Bakr was a soft-hearted person and could not help weeping while reciting the Qur'an. The chiefs of the Quraish pagans became afraid of that (i.e. that their children and women might be affected by the recitation of Qur'an).

When the Prophet came to Medina, he stayed first with his grandfathers or maternal uncles from Ansar. He offered his prayers facing Baitul-Maqdis (Jerusalem) for sixteen or seventeen months, but he wished that he could pray facing the Ka'ba (at Mecca). The first prayer which he offered facing the Ka'ba was the 'Asr prayer in the company of some people. Then one of those who had offered that prayer with him came out and passed by some people in a mosque who were bowing during their prayers (facing Jerusalem). He said addressing them, "By Allah, I testify that I have prayed with Allah's Apostle facing Mecca (Ka'ba).' Hearing that, those people changed their direction towards the Ka'ba immediately. Jews and the people of the scriptures used to be pleased to see the Prophet facing Jerusalem in prayers but when he changed his direction towards the Ka'ba, during the prayers, they disapproved of it.

Al-Bara' added, "Before we changed our direction towards the Ka'ba (Mecca) in prayers, some Muslims had died or had been killed and we did not know what to say about them (regarding their prayers.) Allah then revealed: And Allah would never make your faith (prayers) to be lost (i.e. the prayers of those Muslims were valid).' " (2:143).

Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating.

Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub."

Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."

27 Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, if he was travelling in Ramadan and knew that he would reach Madina at the begining of the day ,would do so fasting.

Yahya said that Malik said, "Someone who is travelling and knows that he will be reaching his people in the first part of the day, and then dawn breaks before he gets there, should be fasting when he gets there."

Malik said, "Someone who intends to go away (on a journey) in Ramadan, and then dawn breaks while he is still on his land before he has left, should fast that day."

Malik said that a man who returns from a journey in Ramadan and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.

There was a man who looked after the family and the belongings of the Prophet and he was called Karkara. The man died and Allah's Apostle said, "He is in the '(Hell) Fire." The people then went to look at him and found in his place, a cloak he had stolen from the war booty.

Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and Abu Hurayra were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said, "At the end of two periods." Abu Hurayra said, "When she gives birth, she is free to marry." Abu Salama ibn Abd ar-Rahman visited Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and asked her about it Umm Salama said, ''Subaya al-Aslamiya gave birth half a month after the death of her husband, and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said, 'You are not free to marry yet.' Her family were away and he hoped that when her family came, they would give her to him. She went to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'You are free to marry, so marry whomever you wish.' "

Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.

The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"

Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."

Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."

Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."

Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.

If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."

Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."

Malik said, "It is not good for ...

Yahya related to me from Malik from a man who said, "Zayd ibn Thabit came across me while I was at al-Aswaf (on the outskirts of Madina). I had captured a hawk. He took it from my hands and set it free."

Mu'awiya bin Qurra reported that `Abdullah bin Al-Maghaffal Al-Muzani said, "I saw Allah's Apostle on the day of the Conquest of Mecca, riding his she-camel and reciting Surat-al-Fath (48) or part of Surat-al-Fath. He recited it in a vibrating and pleasant voice. Then Mu'awiya recited as `Abdullah bin Mughaffal had done and said, "Were I not afraid that the people would crowd around me, I would surely recite in a vibrating pleasant voice as Ibn Mughaffal did, imitating the Prophet." I asked Muawiya, "How did he recite in that tone?" He said thrice, "A, A , A."

Ibn 'Umar (Allah be pleased with them) reported that the Messenger of Allah (may peace be upon him) pronounced Talbiya in Dhu'l-Hulaifa as he put his feet in the stirrup and his camel stood up and proceeded.

Ibn ‘Isa said: No one narrated this tradition to Umayyah except Mu’tamir.

The Prophet said, "The first man to be called on the Day of Resurrection will be Adam who will be shown his offspring, and it will be said to them, 'This is your father, Adam.' Adam will say (responding to the call), 'Labbaik and Sa`daik' Then Allah will say (to Adam), 'Take out of your offspring, the people of Hell.' Adam will say, 'O Lord, how many should I take out?' Allah will say, 'Take out ninety-nine out of every hundred." They (the Prophet's companions) said, "O Allah's Apostle! If ninety-nine out of every one hundred of us are taken away, what will remain out of us?" He said, "My followers in comparison to the other nations are like a white hair on a black ox."

[He said:] There are narrations on this topic from Ibn 'Abbas, Anas, and Asma' bint Yazid.

[Abu 'Eisa said:] The Hadith of 'Aishah is Hasan Sahih Gharib Hadith. Shu'bah has also reported it from 'Umarah bin Abi Hafsah.

He said: I heard Muhammad bin Firas Al-Basri saying: "I heard Abu Dawud At-Tayalisi saying: 'One day Shu'bah was asked about this Hadith, and he said: "I will not narrate it to you (people) until you stand up before Harami bin 'Umarah [bin Hafsah] to kiss his head." He said: 'And Harami was there among the people.'"

[Abu 'Eisa said:] Meaning: "approving of this Hadith."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

Salim ibn Abdullah said: Abdullah ibn Umar used to do so, that is to say, he would cut the shoes of a woman who put on ihram; then Safiyyah, daughter of AbuUbayd, reported to him that Aisha (may Allah be pleased with her) narrated to her that the Messenger of Allah (saws) gave licence to women in respect of the shoes (i.e. women are not required to cut the shoes). He, therefore, abandoned it.

The companions of Suffa were poor people. The Prophet once said, "Whoever has food enough for two persons, should take a third one (from among them), and whoever has food enough for four persons, should take a fifth or a sixth (or said something similar)." Abu Bakr brought three persons while the Prophet took ten. And Abu Bakr with his three family member (who were I, my father and my mother) (the sub-narrator is in doubt whether `Abdur-Rahman said, "My wife and my servant who was common for both my house and Abu Bakr's house.") Abu Bakr took his supper with the Prophet and stayed there till he offered the `Isha' prayers. He returned and stayed till Allah's Apostle took his supper. After a part of the night had passed, he returned to his house. His wife said to him, "What has detained you from your guests?" He said, "Have you served supper to them?" She said, "They refused to take supper until you come. They (i.e. some members of the household) presented the meal to them but they refused (to eat)" I went to hide myself and he said, "O Ghunthar!" He invoked Allah to cause my ears to be cut and he rebuked me. He then said (to them): Please eat!" and added, I will never eat the meal." By Allah, whenever we took a handful of the meal, the meal grew from underneath more than that handful till everybody ate to his satisfaction; yet the remaining food was more than the original meal. Abu Bakr saw that the food was as much or more than the original amount. He called his wife, "O sister of Bani Firas!" She said, "O pleasure of my eyes. The food has been tripled in quantity." Abu Bakr then started eating thereof and said, "It (i.e. my oath not to eat) was because of Sa all." He took a handful from it, and carried the rest to the Prophet. So that food was with the Prophet . There was a treaty between us and some people, and when the period of that treaty had elapsed, he divided US into twelve groups, each being headed by a man. Allah knows how many men were under the command of each leader. Anyhow, the Prophet surely sent a leader with each group. Then all of them ate of that meal.

Whenever Allah's Apostle went to bed, he used to blow on his hands while reciting the Mu'auwidhat ( i.e. Suratal-Falaq 113 and Surat-an-Nas 114) and then pass his hands over his body.

Allah's Apostle said, "Your stay (in this world) in comparison to the stay of the nations preceding you, is like the period between `Asr prayer and the sun set (in comparison to a whole day). The people of the Torah were given the Torah and they acted on it till midday and then they were unable to carry on. And they were given (a reward equal to) one Qirat each. Then the people of the Gospel were given the Gospel and they acted on it till `Asr Prayer and then they were unable to carry on, so they were given la reward equal to) one Qirat each. Then you were given the Qur'an and you acted on it till sunset, therefore you were given (a reward equal to) two Qirats each. On that, the people of the Scriptures said, 'These people (Muslims) did less work than we but they took a bigger reward.' Allah said (to them). 'Have I done any oppression to you as regards your rights?' They said, "No." Then Allah said, 'That is My Blessing which I grant to whomsoever I will.' "

In the year of Conquest the Messenger of Allah (saws) recited a verse at which a prostration should be made and all the people prostrated themselves. Some were mounted, and some were prostrating themselves on the ground, and those who were mounted prostrated themselves on their hands.

From Jabir bin 'Abdullah and Anas bin Malik who said: "When the Messenger of Allah (saws) supplicated against locusts he would say: 'O Allah! Destroy the locusts, kill the large among him, and destroy the small, spoil his core, and cut off his rear. Take their mouths from our livelihood and our sustenance. Verily, You indeed listen to the supplication!' So a man said: 'O Messenger of Allah! How is it that you supplicate against one of the Allah's armies that He cut off their rear?'" He said: "So the Messenger of Allah (saws) said: 'They are bit scattered from a fish in the ocean.'"

[Abu 'Eisa said:] This Hadith is Gharib. We do not know of it except from this route. And Musa bin Muhammad bin Ibrahim At-Taimi has been criticized. He narrates many Gharib and Munkar narrations. His father Muhammad bin Ibrahim is trustworthy, and he is from Al-Madinah.

When the Prophet put his feet in the stirrup and the she-camel got up carrying him he would start reciting Talbiya at the mosque of Dhul-Hulaifa.

`Abdur Rahman bin Abi Bakr said, "The Suffa Companions were poor people and the Prophet said, 'Whoever has food for two persons should take a third one from them (Suffa companions). And whosoever has food for four persons he should take one or two from them' Abu Bakr took three men and the Prophet took ten of them." `Abdur Rahman added, my father my mother and I were there (in the house). (The sub-narrator is in doubt whether `Abdur Rahman also said, 'My wife and our servant who was common for both my house and Abu Bakr's house). Abu Bakr took his supper with the Prophet and remained there till the `Isha' prayer was offered. Abu Bakr went back and stayed with the Prophet till the Prophet took his meal and then Abu Bakr returned to his house after a long portion of the night had passed. Abu Bakr's wife said, 'What detained you from your guests (or guest)?' He said, 'Have you not served them yet?' She said, 'They refused to eat until you come. The food was served for them but they refused." `Abdur Rahman added, "I went away and hid myself (being afraid of Abu Bakr) and in the meantime he (Abu Bakr) called me, 'O Ghunthar (a harsh word)!' and also called me bad names and abused me and then said (to his family), 'Eat. No welcome for you.' Then (the supper was served). Abu Bakr took an oath that he would not eat that food. The narrator added: By Allah, whenever any one of us (myself and the guests of Suffa companions) took anything from the food, it increased from underneath. We all ate to our fill and the food was more than it was before its serving. Abu Bakr looked at it (the food) and found it as it was before serving or even more than that. He addressed his wife (saying) 'O the sister of Bani Firas! What is this?' She said, 'O the pleasure of my eyes! The food is now three times more than it was before.' Abu Bakr ate from it, and said, 'That (oath) was from Satan' meaning his oath (not to eat). Then he again took a morsel (mouthful) from it and then took the rest of it to the Prophet. So that meal was with the Prophet. There was a treaty between us and some people, and when the period of that treaty had elapsed the Prophet divided us into twelve (groups) (the Prophet's companions) each being headed by a man. Allah knows how many men were under the command of each (leader). So all of them (12 groups of men) ate of that meal."

We set out along with the Prophet during the year of (the battle of) Hunain, and when we faced the enemy, the Muslims (with the exception of the Prophet and some of his companions) retreated (before the enemy). I saw one of the pagans over-powering one of the Muslims, so I struck the pagan from behind his neck causing his armor to be cut off. The pagan headed towards me and pressed me so forcibly that I felt as if I was dying. Then death took him over and he released me. Afterwards I followed `Umar and said to him, "What is wrong with the people?" He said, "It is the Order of Allah." Then the Muslims returned (to the battle after the flight) and (after overcoming the enemy) the Prophet sat and said, "Whoever had killed an Infidel and has an evidence to this issue, will have the Salb (i.e. the belonging of the deceased e.g. clothes, arms, horse, etc)." I (stood up) and said, "Who will be my witness?" and then sat down. Then the Prophet repeated his question. Then the Prophet said the same (for the third time). I got up and said, "Who will be my witness?" and then sat down. The Prophet asked his former question again. So I got up. The Prophet said, What is the matter, O Abu Qatada?" So I narrated the whole story; A man said, "Abu Qatada has spoken the truth, and the Salb of the deceased is with me, so please compensate Abu Qatada on my behalf." Abu Bakr said, "No! By Allah, it will never happen that the Prophet will leave a Lion of Allah who fights for the Sake of Allah and His Apostle and give his spoils to you." The Prophet said, "Abu Bakr has spoken the truth. Give it (the spoils) back to him (O man)!" So he gave it to me and I bought a garden in (the land of) Banu Salama with it (i.e. the spoils) and that was the first property I got after embracing Islam.

The Prophet said, "When it is a Friday, the angels stand at the gate of the mosque and keep on writing the names of the persons coming to the mosque in succession according to their arrivals. The example of the one who enters the mosque in the earliest hour is that of one offering a camel (in sacrifice). The one coming next is like one offering a cow and then a ram and then a chicken and then an egg respectively. When the Imam comes out (for Jumua prayer) they (i.e. angels) fold their papers and listen to the Khutba."

The Prophet (saws) said: The imam is appointed only to be followed. This version adds: When he recites (the Qur'an), keep silent."

Abu Dawud said: The addition of the words "When he recites, keep silent" in this version are not guarded. The misunderstanding, according to us, is on the part of Abu Khalid (a narrator).

When the children of a woman (in pre-Islamic days) did not survive, she took a vow on herself that if her child survives, she would convert it a Jew. When Banu an-Nadir were expelled (from Arabia), there were some children of the Ansar (Helpers) among them. They said: We shall not leave our children. So Allah the Exalted revealed; "Let there be no compulsion in religion. Truth stands out clear from error."

Abu Dawud said: Muqlat means a woman whose children do not survive.

Sa`id bin Jubair reported from Ibn `Abbas (regarding the explanation of the Verse: 'Do not move your tongue concerning (the Qur'an) to make haste therewith) . He said, "The Prophet used to undergo great difficulty in receiving the Divine Inspiration and used to move his lips.' Ibn `Abbas said (to Sa`id), "I move them (my lips) as Allah's Apostle used to move his lips." And Sa`id said (to me), "I move my lips as I saw Ibn `Abbas moving his lips," and then he moved his lips. So Allah revealed:-- '(O Muhammad!) Do not move your tongue concerning (the Qur'an) to make haste therewith. It is for Us to collect it and give you (O Muhammad) the ability to recite it. (i.e., to collect it in your chest and then you recite it).' (75.16-17) But when We have recited it, to you (O Muhammad through Gabriel) then follow you its recital.' (75.18) This means, "You should listen to it and keep quiet and then it is upon Us to make you recite it." The narrator added, "So Allah's Apostle used to listen whenever Gabriel came to him, and when Gabriel left, the Prophet would recite the Qur'an as Gabriel had recited it to him."

(from the companions of Allah's Apostle) When Suhail bin `Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet agreed to that condition and returned Abu Jandal to his father Suhail bin `Amr. Thenceforward the Prophet returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kulthum bint `Uqba bin Abu Muait who came to Allah's Apostle and she was a young lady then. Her relative came to the Prophet and asked him to return her, but the Prophet did not return her to them for Allah had revealed the following Verse regarding women: "O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)

We proceeded in the company of the Messenger of Allah (saws) for the battle of Dhat ar-Riqa. One of the Muslims killed the wife of one of the unbelievers. He (the husband of the woman killed) took an oath saying: I shall not rest until I kill one of the companions of Muhammad.

He went out following the footsteps of the Prophet (saws). The Prophet (saws) encamped at a certain place. He said: Who will keep a watch on us? A person from the Muhajirun (Emigrants) and another from the Ansar (Helpers) responded. He said: Go to the mouth of the mountain-pass. When they went to the mouth of the mountain-pass the man from the Muhajirun lay down while the man from the Ansar stood praying.

The man (enemy) came to them. When he saw the person he realised that he was the watchman of the Muslims. He shot him with an arrow and hit the target. But he (took the arrow out and) threw it away. He (the enemy) then shot three arrows. Then he (the Muslim) bowed and prostrated and awoke his companion. When he (the enemy) perceived that they (the Muslims) had become aware of his presence, he ran away.

When the man from the Muhajirun saw the (man from the Ansar) bleeding, he asked him: Glory be to Allah! Why did you not wake me up the first time when he shot at you.

He replied: I was busy reciting a chapter of the Qur'an. I did not like to leave it.

(and he was not a liar) When Allah's Apostle said, "Sami`a l-lahu liman hamidah" none of us bent his back (for prostration) till the Prophet prostrated and then we would prostrate after him.