Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al- Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.'

Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?'

''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off."

Yahya related to me from Malik from Nafi that when Abdullah ibn Umar set out for Makka during the troubles (between al-Hajjaj ibn Yusuf and Zubair ibn al-Awwam) he said, "If I am blocked from going to the House we shall do what we did when we were with the Messenger of Allah, may Allah bless him and grant him peace," and he went into ihram for umra, because that was what the Messenger of Allah, may Allah bless him and grant him peace, did in the year of al-Hudaybiya.

But afterwards, he reconsidered his position and said, "It is the same either way." After that he turned to his companions and said, "It is the same either way. I call you to witness that I have decided in favour of hajj and umra together."

He then got through to the House (without being stopped) and did one set of tawaf, which he considered to be enough for himself, and sacrificed an animal.

Malik said, "This is what we go by if someone is hindered by an enemy, as the Prophet, may Allah bless him and grant him peace, and his companions were. If some one is hindered by anything other than an enemy, he is only freed from ihram by tawaf of the House. "

The tradition mentioned above (No. 2468) has also been transmitted by Abdullah ibn Budayl through a different chain of narrators in a similar way.

This version adds: While he (Umar) was observing i'tikaf (in the sacred mosque), the people uttered (loudly): "Allah is most great." He said: What is this, Abdullah? He said: These are the captives of the Hawazin whom the Messenger of Allah (saws) has set free. He said: This slave-girl too? He sent her along with them.

Another chain reports a similar hadith.

Malik related to me that he heard that when the Messenger of Allah, may Allah bless him and grant him peace, set foot in the stirrup intending to travel, he would say, "In the name of Allah. O Allah! You are my companion in the journey and the Khalifa of my family. O Allah! Spread out the earth for us and make the journey easy for us. O Allah! I seek refuge with You from the hardship of the journey and from returning to sorrow and a distressing sight regarding property and family."

I entered the mosque while Allah's Apostle was sitting there. When the sun had set, the Prophet said, "O Abu Dharr! Do you know where this (sun) goes?" I said, "Allah and His Apostle know best." He said, "It goes and asks permission to prostrate, and it is allowed, and (one day) it, as if being ordered to return whence it came, then it will rise from the west." Then the Prophet recited, "That: "And the sun runs on its fixed course (for a term decreed)," (36.38) as it is recited by `Abdullah.

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar and from Busr ibn Said and from al-Araj-all of whom related it from Abu Hurayra - that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever manages to do a raka of subh before the sun has risen has done subh in time, and whoever manages to do a raka of asr before the sun has set has done asr in time."

Yahya related to me from Malik that he had heard that az-Zubayr ibn al-Awwam said the like of that.

Malik said that if a man had sexual relations with a female slave that he owned, and then he wanted to also have relations with her sister, the sister was not halal for a man until intercourse with the slave-girl had been made haram for him by marriage, setting free, kitaba, or the like of that - for instance, if he had married her to his slave or someone other than his slave.

ahya related to me from Malik from Nafi that Abdullah ibn Umar said that a female slave who was the wife of a slave and then was set free, had the right of choice as long as he did not have intercourse with her.

Malik said, "If her husband has intercourse with her and she claims that she did not know, she still has the right of choice. If she is suspect and one does not believe her claim of ignorance, then she has no choice after he has had intercourse with her."

My uncle brought me (to Medina) in the pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore a child, AbdurRahman ibn al-Hubab, to him and he (al-Hubab) then died.

Thereupon his wife said: I swear by Allah, now you will be sold (as a repayment) for his loan.

So I came to the Messenger of Allah (saws) and said: Messenger of Allah! I am a woman of Banu Kharijah Qays ibn Aylan. My uncle had brought me to Medina in pre-Islamic days. He sold me to al-Hubab ibn Amr, brother of AbulYusr ibn Amr. I bore AbdurRahman ibn al-Hubab to him. His wife said: I swear by Allah, you will be sold for his loan.

The Messenger of Allah (saws) said: Who is the guardian of al-Hubab?

He was told: His brother, AbulYusr ibn Amr. He then sent for him and said: Set her free; when you hear that some slaves have been brought to me, came to me, and I shall compensate you for her.

She said: They set me free, and when some slaves were brought to the Messenger of Allah (saws), he gave them a slave in compensation for me.

I asked Ibn `Umar about those who were involved in a case of Lien. He said, "The Prophet said to those who were involved in a case of Lien, 'Your accounts are with Allah. One of you two is a liar, and you (the husband) have no right over her (she is divorced)." The man said, 'What about my property (Mahr) ?' The Prophet said, 'You have no right to get back your property. If you have told the truth about her then your property was for the consummation of your marriage with her; and if you told a lie about her, then you are less rightful to get your property back.' " Sufyan, a sub-narrator said: I learned the Hadith from `Amr. Narrated Aiyub: I heard Sa`id bin Jubair saying, "I asked Ibn `Umar, 'If a man (accuses his wife for an illegal sexual intercourse and) carries out the process of Lian (what will happen)?' Ibn `Umar set two of his fingers apart. (Sufyan set his index finger and middle finger apart.) Ibn `Umar said, 'The Prophet separated the couple of Bani Al-Ajlan by divorce and said thrice, "Allah knows that one of you two is a liar; so will one of you repent (to Allah)?' "

I said 'O Allah's Apostle! Which sin is the greatest?" He said, "To set up a rival unto Allah, though He Alone created you." I said, "What next?" He said, "To kill your son lest he should share your food with you." I further asked, "What next?" He said, "To commit illegal sexual intercourse with the wife of your neighbor." And then Allah revealed as proof of the statement of the Prophet: 'Those who invoke not with Allah any other god)................. (to end of verse)...' (25.68)

Marwan bin Al-Hakam and Al-Miswar bin Makhrama told him that when the Muslims were permitted to set free the captives of Hawazin, Allah's Apostle said, "I do not know who amongst you has agreed (to it) and who has not. Go back so that your 'Urafa' may submit your decision to us." So the people returned and their 'Urafa' talked to them and then came back to Allah's Apostle and told him that the people had given their consent happily and permitted (their captives to be freed).

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar from Abdullah as-Sunabihi that the Messenger of Allah, may Allah bless him and grant him peace, said, "The sun rises and with it is a horn of Shaytan and when the sun gets higher the horn leaves it. Then when the sun reaches the meridian the horn joins it and when the sun declines the horn leaves it, and when the sun has nearly set it joins it again." The Messenger of Allah, may Allah bless him and grant him peace, forbade prayer at these times.

We got down at Al-Muzdalifa and Sauda asked the permission of the Prophet to leave (early) before the rush of the people. She was a slow woman and he gave her permission, so she departed (from Al- Muzdalifa) before the rush of the people. We kept on staying at Al-Muzdalifa till dawn, and set out with the Prophet but (I suffered so much that) I wished I had taken the permission of Allah's Apostle as Sauda had done, and that would have been dearer to me than any other happiness.

I heard `Aisha saying, "We set out (from Medina) along with Allah's Apostle five days before the end of Dhul-Qa'da with the intention of performing Hajj only. When we approached Mecca, Allah's Apostle ordered those who had no Hadi along with them to finish the lhram after performing Tawaf of the Ka`ba, (Safa and Marwa). `Aisha added, "Beef was brought to us on the Day of Nahr and I said, 'What is this?' Somebody said, 'The Prophet has slaughtered (cows) on behalf of his wives.' "

Ibn `Abbas said, "Allah's Apostle set out from Medina to Mecca and he fasted till he reached 'Usfan, where he asked for water and raised his hand to let the people see him, and then broke the fast, and did not fast after that till he reached Mecca, and that happened in Ramadan." Ibn `Abbas used to say, "Allah's Apostle (sometimes) fasted and (sometimes) did not fast during the journeys so whoever wished to fast could fast, and whoever wished not to fast, could do so."

Allah's Apostle set out for the `Umra but the pagans of Quraish prevented him from reaching the Ka`ba. So, he slaughtered his sacrifice and got his head shaved at Al-Hudaibiya, and agreed with them that he would perform `Umra the following year and would not carry weapons except swords and would not stay in Mecca except for the period they allowed. So, the Prophet performed the `Umra in the following year and entered Mecca according to the treaty, and when he stayed for three days, the pagans ordered him to depart, and he departed.

The Prophet said, "By Him in Whose Hands my life is! Were it not for some men amongst the believers who dislike to be left behind me and whom I cannot provide with means of conveyance, I would certainly never remain behind any Sariya' (army-unit) setting out in Allah's Cause. By Him in Whose Hands my life is! I would love to be martyred in Allah's Cause and then get resurrected and then get martyred, and then get resurrected again and then get martyred and then get resurrected again and then get martyred.

We set out in the company of Allah's Apostle five days before the end of Dhul Qa'da intending to perform Hajj only. When we approached Mecca Allah's Apostle ordered those who did not have the Hadi (i.e. an animal for sacrifice) with them, to perform the Tawaf around the Ka`ba, and between Safa and Marwa and then finish their Ihram. Beef was brought to us on the day of (i.e. the days of slaughtering) and I asked, "What is this?" Somebody said, Allah's Apostle has slaughtered (a cow) on behalf of his wives."

Al-Bahira was an animal whose milk was spared for the idols and other dieties, and so nobody was allowed to milk it. As-Saiba was an animal which they (i.e infidels) used to set free in the names of their gods so that it would not be used for carrying anything. Abu Huraira said, "The Prophet said, 'I saw `Amr bin 'Amir bin Luhai Al-Khuza`i dragging his intestines in the (Hell) Fire, for he was the first man who started the custom of releasing animals (for the sake of false gods).' "

Allah's Apostle rode a horse and fell down and the right side of his body was injured. On that day he prayed one of the prayers sitting and we also prayed behind him sitting. When the Prophet finished the prayer with Taslim, he said, "The Imam is to be followed and if he prays standing then pray standing, and bow when he bows, and raise your heads when he raises his head; prostrate when he prostrates; and if he says "Sami`a l-lahu liman hamidah", you should say, "Rabbana wa laka l-hamd.:

I asked Allah's Apostle to teach me an invocation so that I may invoke Allah with it in my prayer. He told me to say, "Allahumma inni zalumtu nafsi zulman kathiran, Wala yaghfiru dh-dhunuba illa anta, fa ghfir li maghfiratan min `indika, wa r-hamni, innaka anta l-ghafuru r-rahim (O Allah! I have done great injustice to myself and none except You forgives sins, so bestow on me a forgiveness from You, and Have Mercy on me, You are the Forgiver, the Merciful).

The Prophet (sal Allaahu alayhi wa sallam ) passed by two graves. He said : Both (the dead) are being punished, but they are not being punished for a major (sin). One did not safeguard himself from urine. The other carried tales. He then called for a fresh twig and split it into two parts and planted one part on each grave and said: Perhaps their punishment may be mitigated as long as the twigs remain fresh.

Another version of Hannad has: "One of them did not cover himself while urinating." This version does not have the words: "He did not safeguard himself from urine."

Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."

Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."

The Prophet (saws) was brought a necklace in which there were gold and pearls.

(The narrators AbuBakr and (Ahmad) Ibn Mani' said: The pearls were set with gold in it, and a man bought it for nine or seven dinars.)

The Prophet (saws) said: (It must not be sold) till the contents are considered separately. The narrator said: He returned it till the contents were considered separately. The narrator Ibn Asa said: By this I intended trade.

Abu Dawud said: The word hijarah (stone) was recorded in his note-book before, but he changed it and narrated tijarah (trade).

I used to look down upon those ladies who had given themselves to Allah's Apostle and I used to say, "Can a lady give herself (to a man)?" But when Allah revealed: "You (O Muhammad) can postpone (the turn of) whom you will of them (your wives), and you may receive any of them whom you will; and there is no blame on you if you invite one whose turn you have set aside (temporarily).' (33.51) I said (to the Prophet), "I feel that your Lord hastens in fulfilling your wishes and desires."

Yahya related to me from Malik, from his uncle Abu Suhayl from his father that Umar ibn al-Khattab wrote to Abu Musa saying that he should pray dhuhr when the sun had started to decline, asr when the sun was still pure white before any yellowness had entered it maghrib when the sun had set, and to delay isha as long as he did not sleep, and to pray subh when the stars were all visible and like a haze in the sky and to read in it two long suras from the mufassal.

Yahya related to me from Malik that Yahya ibn Said said that Sulayman ibn Yasar told him that Abu Ayyub al-Ansari once set off to do hajj and then, when he reached an-Naziya, on the road to Makka, his riding beasts strayed. He reached Umar ibn al-Khattab on the day of sacrifice and told him what had happened and Umar said, "Do what someone doing umra would do, and then you can leave ihram, and then when the hajj next comes upon you, do it and sacrifice whatever animal is easy for you ."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked about a woman who made a stipulation on her husband not to take her away from her town. Said ibn al-Musayyab said, "He takes her away if he wishes."

Malik said, "The custom among us is that when a man marries a woman, and he makes a condition in the marriage contract that he will not marry after her or take a concubine, it means nothing unless there is an oath of divorce or setting-free attached to it. Then it is obliged and required of him."