Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that A'isha said, "I came to Makka at the time of my period so I did not do tawaf of the House or go between Safa and Marwa. I complained to the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Do what the people doing hajj do except do not do tawaf of the House and go between Safa and Marwa until you are pure.' "

Malik said, concerning a woman who entered ihram for umra at the time of hajj, and she arrived in Makka during her period and so could not do tawaf of the House, "When she fears that the time (for hajj) is getting close, she gets into ihram for the hajj and sacrifices an animal. She is like someone who combines the hajj and the umra. One tawaf is enough for her. If a women starts her period after she has already done tawaf of the House and prayed, she does say between Safa and Marwa and stops at Arafa and Muzdalifa and stones the jamras but she does not do the tawaf al-ifada until she is pure and has finished her menses."

Abu Salama b. 'Abd al-Rahman reported that Jabir told him that he had observed the prayer in danger with the Messenger of Allah (may peace be upon him). The Messenger of Allah (may peace be upon him) (first) led one of the two groups in two rak'ah of prayer. and then led the second group in two rak'ah of prayer. So the Messenger of Allah (may peace be upon him) observed four rak'ah and led in two rak'ah each of the groups.

We faced a famine, and I had nothing from my property which I could feed my family ex except a few asses, and the Prophet (saws) forbade the flesh of domestic asses. So I came to the Prophet (saws) and said: Messenger of Allah (may peace be upon) , we are suffering from famine, and I have no property which I feed my family except some fat asses, and you have forbidden the flesh of domestic asses. He said: Feed your family on the fat asses of yours, for I forbade them on account of the animal which feeds on the filth of the town, that is, the animal which feeds on filth.

Abu Dawud said: This 'Abd al-Rahman is Ibn Ma'qil.

Abu Dawud said: Suh'bah transmitted this tradition from 'Ubaid Abi al-Hasan, from 'Abd al-Rahman bin Maq'il, from'Abd al-Rahman bin Bishr, from some people of Muzainah stating that Abjar, the chief of Muzainah, or Ibn Abjar asked the Prophet (saws).

The Prophet (saws) said: The fingers are equal and the teeth are equal. The front tooth and the molar tooth are equal, this and that are equal.

Abu Dawud said: Nadr b. Shumail transmitted it from Shu'bah to the same effect as mentioned by 'Abd al-Samad. Abu Dawud said: al-Darimi narrated it to me from al-Nadr.

The Messenger of Allah (saws) encamped at Ulat al-Jaysh and Aisha was in his company. Her necklace of onyx of Zifar was broken (and fell somewhere). The people were detained to make a search for that necklace until the dawn broke. There was no water with the people. Therefore AbuBakr became angry with her and said: You detained the people and they have no water with them.

Thereupon Allah, the Exalted, sent down revelation about it to His Apostle (saws) granting concession to purify themselves with pure earth. Then the Muslims stood up with the Messenger of Allah (saws) and struck the ground with their hands and then they raised their hands, and did not take any earth (in their hands). Then they wiped with them their faces and hands up to the shoulders, and from their palms up to the armpits.

Ibn Yahya added in his version: Ibn Shihab said in his tradition: The people do not take this (tradition) into account.

Abu Dawud said: Ibn Ishaq also reported it in a similar way. In this (version) he said on the authority of Ibn 'Abbas. He mentioned the words "two strikes" (i.e. striking the earth twice) as mentioned by Yunus. And Ma'mar also narrated on the authority of al-Zuhri "two strikes". And Malik said: From al-Zuhri from 'Ubaid Allah b. 'Abd Allah from his father on the authority of 'Ammar. Abu Uwais also reported it in a similar way on the authority of al-Zuhri. But Ibn 'Uyainah doubted it, he sometimes said: from his father, and sometimes he said: from Ibn 'Abbas. Ibn 'Uyainah was confused in it and in his hearing from al-Zuhri. No one has mentioned "two strikes" in this tradition except those whose names I have mentioned.

Abu Dawud said: This is also transmitted by Waki' from al-A'mash from Salamah b. Kuhail from 'Abd al-Rahman b. Abza.

It is also transmitted through a different chain by Jarir from al-A'mash from Salamah from Sa'id b. 'Abd al-Rahman b. Abza from his father.

Yahya related to me from Malik from Abu Layla ibn Abdullah ibn Abd ar-Rahman ibn Sahl from Sahl ibn Abi Hathma that some of the great men of his people informed him that Abdullah ibn Sahl and Muhayyisa went out to Khaybar because extreme poverty had overtaken them. Muhayyisa returned and said that Abdullah ibn Sahl had been killed and thrown in a shallow well or spring. The jews came and he said, "By Allah! You have killed him." They said, "By Allah! We have not killed him!" Then he made for his people and mentioned that to them. Then he, his brother Huwayyisa, who was older than him, and Abd ar-Rahman, set out. Muhayyisa began to speak, as he had been at Khaybar. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "The greater first, the greater first," meaning in age. So Huwayyisa spoke and then Muhayyisa spoke. The Messenger of Allah, may Allah bless him and grant him peace, said, "Either they pay your companion's blood-money or we will declare war against them." The Messenger of Allah, may Allah bless him and grant him peace, wrote that to them and they wrote, "By Allah, we did not kill him!" The Messenger of Allah, may Allah bless him and grant him peace, said to Huwayyisa, Muhayyisa, and Abd ar-Rahman, "Do you swear and claim the blood of your companion?" They said, "No." He said, "Shall the jews swear to you?" They said, "But they are not muslims." The Messenger of Allah, may Allah bless him and grant him peace, gave blood-money from his own property, and sent them one hundred camels to their house.

Sahl added, "A red camel among them kicked me."

The Messenger of Allah (saws) was asked about lailat al-qadr and I was hearing: He said: It is during the whole of Ramadan.

Abu Dawud said: Sufyan and Shu'bah narrated this tradition from Abu Ishaq as a statement of Ibn 'Umar himself, they did not transmit it as a saying of the Prophet (saws)

'Umar consulted the companions about the case of a woman's abortion (caused by somebody else). Al-Mughira said: The Prophet gave the verdict that a male or female slave should be given (as a Diya). Then Muhammad bin Maslama testified that he had witnessed the Prophet giving such a verdict.

Ibn Abbas said: Aqra' ibn Habis asked the Prophet (saws) saying: Messenger of Allah hajj is to be performed annually or only once? He replied: Only once, and if anyone performs it more often, he performs a supererogatory act.

Abu Dawud said: The narrator Abu Sinan is Abu Sinan al-Du'wail. The same has been reported by both 'Abd al-Jalil bin Humaid and Sulaiman bin Kathir from al-Zuhri. The narrator 'Uqail reported the name "Sinan".

The Prophet (saws) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed.

Sufyan said: Al-Zuhri transmitted this tradition when Mansur b. al-Mu'tamir amd Mukhawwal b. Rashid were present with him. He said to them: Take this tradition as a present to the people of Iraq.

Abu Dawud said: This tradition has been transmitted by al-Sharid b. Suwaid, Sharahbil b. Aws, 'Abd Allah b. 'Amr, 'Abd Allah b. 'Umar, Abu Ghutaif al-Kindi, and Abu Salamah b. 'Abd al-Rahman from Abu Hurairah.

The Prophet said, "At every womb Allah appoints an angel who says, 'O Lord! A drop of semen, O Lord! A clot. O Lord! A little lump of flesh." Then if Allah wishes (to complete) its creation, the angel asks, (O Lord!) Will it be a male or female, a wretched or a blessed, and how much will his provision be? And what will his age be?' So all that is written while the child is still in the mother's womb."

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

When Allah's Apostle reached Medina, Abu Bakr and Bilal became ill. When Abu Bakr's fever got worse, he would recite (this poetic verse): "Everybody is staying alive with his People, yet Death is nearer to him than His shoe laces." And Bilal, when his fever deserted him, would recite: "Would that I could stay overnight in A valley wherein I would be Surrounded by Idhkhir and Jalil (kinds of goodsmelling grass). Would that one day I could Drink the water of the Majanna, and Would that (The two mountains) Shama and Tafil would appear to me!" The Prophet said, "O Allah! Curse Shaiba bin Rabi`a and `Utba bin Rabi`a and Umaiya bin Khalaf as they turned us out of our land to the land of epidemics." Allah's Apostle then said, "O Allah! Make us love Medina as we love Mecca or even more than that. O Allah! Give blessings in our Sa and our Mudd (measures symbolizing food) and make the climate of Medina suitable for us, and divert its fever towards Aljuhfa." Aisha added: When we reached Medina, it was the most unhealthy of Allah's lands, and the valley of Bathan (the valley of Medina) used to flow with impure colored water.

Abu Dawud said: This tradition has also been transmitted by Hashim bin al-Qasim from Muhammad b. 'Adb Allah al-'Ammi from Thabit on the authority of Anas from Prophet (saws) to the same effect.

Abu Dawud said: The tradition of Hammad (i.e. 'Abd al-Rahman's version) is sounder.

Umar bin Al Khattab heard the Apostle of Allaah(saws) say Someone came to me at night from Allaah the Exalted. The narrator said When he was staying at ‘Aqiq said Pray in his blessed valley. Then he said ‘Umrah has been included in Hajj.

Abu Dawud said Al Walid bin Musilm and ‘Umar bin Abd Al Wahid narrated in this version from Al Auza’I the words “And say An ‘Umrah included in Hajj”.

Abu Dawud said Ali bin Al Mubarak has also narrated similarly from Yahya bin said Abi Kathir in this version “And say An ‘Umrah included in Hajj”.