Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to go into Makka by night when he was doing umra and do tawaf of the House and say between Safa and Marwa and delay the shaving until the morning, but he would not go back to the House and do tawaf again until he had shaved his head.

Abd ar-Rahman added, "Sometimes he would enter the mosque and do the witr prayer there without actually going near the House."

Malik said, "At-tafath is shaving the head, putting on normal clothes and things of that nature."

Yahya said that Malik was asked whether a man who forgot to shave (his head) at Mina during the hajj could shave in Makka, and he said, "That is permissible, but I prefer the shaving to be done at Mina."

Malik said, "What we are all agreed upon here (in Madina) is that no-one should shave his head or cut his hair until he has killed his sacrificial animal, if he has one, and things that are haram for him do not become halal for him until he leaves ihram at Mina on the day of sacrifice. This is because Allah, the Blessed and Exalted, says, 'Do not shave yourheads until the sacrificial animal has reached its destination. ' "

Ahmad and Ishaq said: "When a man stands up after two Rak'ah, then he performs the prostrations for As-Sahw before the Salam according to the Hadith of Ibn Buhainah."

'Abdullah bin Buhainah is 'Abdullah bin Malik [so he is] Ibn Buhainah (because) Malik is his father and Buhainah is his mother.

I was informed of this by Ishaq bin Mansur from 'Ali [bin 'Abdullah] bin Al-Madini.

Abu 'Eisa said: The people of knowledge differ over when a man is to perform the prostrations of As-Sahw, is it before the Salam or after it. Some of them thought that her performs them after the Salam. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah. Some of them said he performs them before the Salam. This is the view of most of the Fuqaha among the people of Al-Madinah, like Yahya bin Sa'eed, Rabi'ah, and others. This is also the saying of Ash-Shafi'i.

Some of them said when he adds to the Salat, then it is after the Salam, and when he leaves something out, then before the Salam. This is the view of Malik bin Anas.

Ahmad said: "Whatever is reported from the Prophet (saws) about the prostrations from As-Sahw then it is acted upon in either case." He saw that when one stands after Rak'ah then according to the Hadith of Ibn Buhainah, he is to perform the prostrations before the Salam. When he prays five for Zuhr, then performs the prostrations after the Salam, and if he says Salam after two Rak'ahs of Zuhr or 'Asr then he performs the prostrations after the Salam. All of them are to be acted upon depending upon the case, and in the cases where nothing is reported from the Prophet (saws), then two prostrations are performed for As-Sahw before the Salam.

Ishaq said the same as Ahmad about all of this, with the exception that he said that for every case of As-Sahw that is not mentioned from the Prophet (saws), then if it is an addition to the Salat, then prostrations are performed after the Salam, and if it is something that was left out, then the prostrations are performed before the Salam.

Yahya related to me from Malik from Ibn Shihab, and he had heard from al-Qasim ibn Muhammad that they said, "When a free man marries a slave-girl and consummates the marriage, she makes him muhsan."

Malik said, "All (of the people of knowledge) I have seen said that a slave-girl makes a free man muhsan when he marries her and consummates the marriage."

Malik said, "A slave makes a free woman muhsana when he consummates a marriage with her and a free woman only makes a slave muhsan when he is freed and he is her husband and has had sexual relations with her after he has been set free. If he parts from her before he is free, he is not a muhsan unless he marries her after having been set free and he consummates the marriage."

Malik said, "When a slave-girl is married to a free man and then he separates from her before she is set free, his marriage to her does not make her muhsana. She is not muhsana until she has married after she has been set free and she has had intercourse with her husband. That gives her ihsan. If she is the wife of a freeman and then she is set free while she is his wife before he separates from her, the man makes her muhsana if he has intercourse with her after she has been set free."

Malik said, "The christian and jewish free women and the muslim slave-girl all make a muslim free man muhsan when he marries one of them and has intercourse with her."

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

When the delegates of the tribe of Hawazin came to the Prophet and they requested him to return their properties and captives. The Prophet stood up and said to them, "I have other people with me in this matter (as you see) and the most beloved statement to me is the true one; you may choose either the properties or the prisoners as I have delayed their distribution." The Prophet had waited for them for more than ten days since his arrival from Ta'if. So, when it became evident to them that the Prophet was not going to return them except one of the two, they said, "We choose our prisoners." The Prophet got up amongst the people and glorified and praised Allah as He deserved and said, "Then after, these brethren of yours have come to us with repentance, and I see it logical to return them the captives. So, whoever amongst you likes to do that as a favor, then he can do it, and whoever of you likes to stick to his share till we recompense him from the very first war booty which Allah will give us, then he can do so (i.e. give up the present captives)." The people unanimously said, "We do that (return the captives) willingly." The Prophet said, "We do not know which of you has agreed to it and which have not, so go back and let your leaders forward us your decision." So, all the people then went back and discussed the matter with their leaders who returned and informed the Prophet that all the people had willingly given their consent to return the captives. This is what has reached us about the captives of Hawazin. Narrated Anas that `Abbas said to the Prophet, "I paid for my ransom and `Aqil's ransom."

When the ailment of the Prophet became aggravated and his disease became severe, he asked his wives to permit him to be nursed (treated) in my house. So they gave him the permission. Then the Prophet came (to my house) with the support of two men, and his legs were dragging on the ground, between `Abbas, and another man." 'Ubaidullah (the sub narrator) said, "I informed `Abdullah bin `Abbas of what `Aisha said. Ibn `Abbas said: 'Do you know who was the other man?' I replied in the negative. Ibn `Abbas said, 'He was `Ali (bin Abi Talib)." `Aisha further said, "When the Prophet came to my house and his sickness became aggravated he ordered us to pour seven skins full of water on him, so that he might give some advice to the people. So he was seated in a Mikhdab (brass tub) belonging to Hafsa, the wife of the Prophet. Then, all of us started pouring water on him from the water skins till he beckoned to us to stop and that we have done (what he wanted us to do). After that he went out to the people."

The Prophet (saws) sacrificed two horned rams which were white with black markings and had been castrated. When he made them face the qiblah, he said: I have turned my face towards Him. Who created the heavens and the earth, following Abraham's religion, the true in faith, and I am not one of the polytheists. My prayer, and my service of sacrifice, my life and my death are all for Allah, the Lord of the Universe, Who has no partner. That is what I was commanded to do, and I am one of the Muslims. O Allah it comes from Thee and is given to Thee from Muhammad and his people. In the name of Allah, and Allah is Most Great. He then made sacrifice.

The Messenger of Allah (saws) said about the futile oath: It is man's speech in his house: No, by Allah, and Yes, by Allah.

Abu Dawud said: Ibrahim al-Sa'igh, the narrator of this tradition , was a pious man. Abu Muslim killed him at 'Aranda. When he raised a hammed and heard the call to prayer, he gave it up.

Abu Dawud said: This tradition has been transmitted by Dawud b. Abi al-Furat from Ibrahim al-Sa'igh as a statement of 'Aishah (not attributed to the Prophet). Similarly, it has been transmitted by al-Zuhri, 'Abd al-Malik b. Abi Sulaiman and Malik b. Mughul. All of them transmitted it from 'Ata on the authority of 'Aishah on her own statement.

Zaynab, the wife of Abdullah ibn Mas'ud, told that Abdullah said: I heard the Messenger of Allah (saws) saying: spells, charms and love-potions are polytheism.

I asked: Why do you say this? I swear by Allah, when my eye was discharging I used to go to so-and-so, the Jew, who applied a spell to me. When he applied the spell to me, it calmed down. Abdullah said:

That was just the work of the Devil who was picking it with his hand, and when he uttered the spell on it, he desisted. All you need to do is to say as the Messenger of Allah (saws) used to say: Remove the harm, O Lord of men, and heal. Thou art the Healer. There is no remedy but Thine which leaves no disease behind.

They came to an-Nu'man and said: You have set them free without beating and investigation. An-Nu'man said: What do you want? You want me to beat them. If your goods are found with them, then it is all right; otherwise, I shall take (retaliation) from your back as I have taken from their backs. They asked: Is this your decision? He said: This is the decision of Allah and His Apostle (saws).

Abu Dawud said: By this statement he frightened them ; that is, beating is not necessary except after acknowledgement.

The Prophet said, "Allah created the creations, and when He finished from His creations, Ar-Rahm i.e., womb said, "(O Allah) at this place I seek refuge with You from all those who sever me (i.e. sever the ties of Kith and kin). Allah said, 'Yes, won't you be pleased that I will keep good relations with the one who will keep good relations with you, and I will sever the relation with the one who will sever the relations with you.' It said, 'Yes, O my Lord.' Allah said, 'Then that is for you ' " Allah's Apostle added. "Read (in the Qur'an) if you wish, the Statement of Allah: 'Would you then, if you were given the authority, do mischief in the land and sever your ties of kinship?' (47.22)

Allah's Apostle said, "Allah created the creation, and when He finished from His creation the Rahm (womb) got up, and Allah said (to it). "Stop! What do you want? It said; "At this place I seek refuge with You from all those who sever me (i.e. sever the ties of Kinship.)" Allah said: "Would you be pleased that I will keep good relation with the one who will keep good relation with you, and I will sever the relation with the one who will sever the relation with you. It said: 'Yes, 'O my Lord.' Allah said (to it), 'That is for you.'' And then Abu Huraira recited the Verse:-- "Would you then if you were given the authority, do mischief in the land, and sever your ties of kinship." (47.22)

Malik was asked about whether a man could stand at Arafa, or at Muzdalifa, or stone the Jamras, or do say between Safa and Marwa if he was not in wudu, and he said, "Every practice in the hajj that a menstruating woman can take part in can be taken part in by a man who is not in wudu and there is nothing due from him for that. However, it is better for him to be in wudu for all those things, and he should not make a general practice of it."

Malik was asked whether a man who was riding should get down to do the standing at Arafa or if he could stand while mounted, and he said, "He can stand while mounted, unless he or his riding beast have an illness, in which case Allah is the one who most often accepts an excuse."

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

Anas said, "Some people of `Ukl or `Uraina tribe came to Medina and its climate did not suit them. So the Prophet ordered them to go to the herd of (Milch) camels and to drink their milk and urine (as a medicine). So they went as directed and after they became healthy, they killed the shepherd of the Prophet and drove away all the camels. The news reached the Prophet early in the morning and he sent (men) in their pursuit and they were captured and brought at noon. He then ordered to cut their hands and feet (and it was done), and their eyes were branded with heated pieces of iron, They were put in 'Al-Harra' and when they asked for water, no water was given to them." Abu Qilaba said, "Those people committed theft and murder, became infidels after embracing Islam and fought against Allah and His Apostle ."

When we prayed with the Prophet we used to say, "Peace be on Allah from His slaves and peace be on so and so." The Prophet said, "Don't say As-Salam be on Allah, for He Himself is As-Salam, but say, at-tahiyatu li l-lahi wa s-salawatu wa t-taiyibat. As-salamu `alaika aiyuha n-Nabiyu wa rahmatu l-lahi wa barakatuh. As-salamu `alaina wa `ala `ibadi l-lahi s-salihin. (If you say this then it will reach all the slaves in heaven or between heaven and earth). Ash-hadu al la-ilaha illa l-lah, wa ash-hadu anna Muhammadan `Abduhu wa Rasuluh.' Then select the invocation you like best and recite it." (See Hadith No. 794, 795 & 796).

One of the Companions of the Prophet (may peace be upon), came upon us in Egypt. When he was narrating traditions in the Mosque of Egypt, I heard him say: I was the seventh or the sixth person in the company of the Messenger of Allah ( peace be upon him) in the house of a person.

In the meantime Bilal came and called him for prayer. He came out and passed by a person who had his fire-pan on the fire. The Messenger of Allah (saws) said to him: Has the food in the fire-pan been cooked? He replied: Yes, my parents be sacrificed upon you. He then took a piece out of it and continued to chew it until he uttered the first takbir (AllahuAkbar) of the prayer. All this time I was looking at him.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I saw Umar ibn al-Khattab when he was amir al-muminin being given a sa of dates, and he ate all of them, even the inferior ones."

The Prophet said, "You will be gathered (on the Day of Resurrection) and some people will be driven (by the angels) to the left side (and taken to Hell) whereupon I will say as the pious slave (Jesus) said:- - "And I was a witness over them while I dwelt amongst them...the ALMIGHTY, the All Wise." (5.117-118)

Some rough bedouins used to visit the Prophet and ask him, "When will the Hour be?" He would look at the youngest of all of them and say, "If this should live till he is very old, your Hour (the death of the people addressed) will take place." Hisham said that he meant (by the Hour), their death.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "If a she-camel that is being driven as a sacrificial animal gives birth, the offspring should be carried along as well and they are sacrificed together with her, and if there is no place where they can be carried, they should be carried on the mother until they are all sacrificed."

We were with the Prophet and fresh dates of a palm tree were brought to him. On that he said, "Amongst the trees, there is a tree which resembles a Muslim." I wanted to say that it was the datepalm tree but as I was the youngest of all (of them) I kept quiet. And then the Prophet said, "It is the date-palm tree."

When the Verse:--'And warn your tribe of near-kindred, was revealed, the Prophet ascended the Safa (mountain) and started calling, "O Bani Fihr! O Bani `Adi!" addressing various tribes of Quraish till they were assembled. Those who could not come themselves, sent their messengers to see what was there. Abu Lahab and other people from Quraish came and the Prophet then said, "Suppose I told you that there is an (enemy) cavalry in the valley intending to attack you, would you believe me?" They said, "Yes, for we have not found you telling anything other than the truth." He then said, "I am a warner to you in face of a terrific punishment." Abu Lahab said (to the Prophet) "May your hands perish all this day. Is it for this purpose you have gathered us?" Then it was revealed: "Perish the hands of Abu Lahab (one of the Prophet's uncles), and perish he! His wealth and his children will not profit him...." (111.1-5)

My father said, "One night we were traveling with the Prophet and some people said, 'We wish that Allah's Apostle would take a rest along with us during the last hours of the night.' He said, 'I am afraid that you will sleep and miss the (Fajr) prayer.' Bilal said, 'I will make you get up.' So all slept and Bilal rested his back against his Rahila and he too was overwhelmed (by sleep) and slept. The Prophet got up when the edge of the sun had risen and said, 'O Bilal! What about your statement?' He replied, 'I have never slept such a sleep.' The Prophet said, 'Allah captured your souls when He wished, and released them when He wished. O Bilal! Get up and pronounce the Adhan for the prayer.' The Prophet performed ablution and when the sun came up and became bright, he stood up and prayed."

I heard the Messenger of Allah (saws) say: If any of you can become like the man who had a faraq of rice, he should become like him. They (the people) asked: Who is the man who had a faraq of rice with him, Messenger of Allah ? Thereupon he narrated the story of the cave when a hillock fell on them (three persons), each of them said: Mention any best work of yours. The narrator said: The third of them said: O Allah, you know that I took a hireling for a faraq of rice. When the evening came, I presented to him his due (i.e. his wages). But he refused to take it and went away. I then cultivated it until I amassed cows and their herdsmen for him. He then met me and said: Give me my dues. I said (to him): Go to those cows and their herdsmen and take them all. He went and drove them away.

The Prophet said, "Medina is a sanctuary from that place to that. Its trees should not be cut and no heresy should be innovated nor any sin should be committed in it, and whoever innovates in it an heresy or commits sins (bad deeds), then he will incur the curse of Allah, the angels, and all the people." (See Hadith No. 409, Vol 9).

Allah's Apostle said, "Help your brother, whether he is an oppressor or he is an oppressed one. People asked, "O Allah's Apostle! It is all right to help him if he is oppressed, but how should we help him if he is an oppressor?" The Prophet said, "By preventing him from oppressing others."

The Prophet said, "Whoever spends two things in Allah's Cause, will be called by all the gate-keepers of Paradise who will be saying, 'O so-and-so! Come here.' " Abu Bakr said, "O Allah's Apostle! Such persons will never be destroyed." The Prophet said, "I hope you will be one of them."

When the Messenger of Allah (saws) appeared as a prophet, Hamdan said to me: Will you go to this man and negotiate for us (with him)? If you accept something, we shall accept it, and if you disapprove of something, we shall disapprove of it.

I said: Yes. So I proceeded until I came to the Messenger of Allah (saws). I liked his motive and my people embraced Islam. The Messenger of Allah (saws) wrote the document for Umayr Dhu Marran. He also sent Malik ibn Murarah ar-Rahawi to all the (people of) Yemen. So Akk Dhu Khaywan embraced Islam.

Akk was told: Go to the Messenger of Allah (saws), and obtain his protection for your town and property. He therefore came (to him) and the Messenger of Allah (saws) wrote a document for him:

"In the name of Allah, Most Beneficent, Most Merciful. From Muhammad, the Messenger of Allah, to Akk Dhu Khaywan. If he is true his land, property and slave, he has the security and the protection of Allah, and Muhammad, the Messenger of Allah. Written by Khalid ibn Sa'id ibn al-'As."

Yahya related to me from Malik that Ibn Shihab, Sulayman ibn Yasar, and Rabia ibn Abi Abd ar-Rahman said, "The blood-money of manslaughter is twenty yearlings, twenty two-year-olds, twenty male two-year-olds, twenty four-year-olds, and twenty five-year-olds."

Malik said, "The generally agreed on way with us is that there is no retaliation against children. Their intention is accidental. The hudud are not obliged for them if they have not yet reached puberty. If a child kills someone it is only accidentally. Had a child and an adult killed a free man accidentally, each of them pays half the full blood-money."

Malik said, "A person who kills someone accidentally pays blood-money with his property and there is no retaliation against him. That money is like anything else from the dead man's property and his debt is paid with it and he is allowed to make a bequest from it. If he has a total property of which the blood-money is a third and then the blood-money is relinquished, that is permitted to him. If all the property he has is his blood-money, he is permitted to relinquish a third of it and to make that a bequest."

While we were in the mosque, Allah's Apostle came out to us and said, "Let us proceed to the Jews." So we went along with him till we reached Bait-al-Midras (a place where the Torah used to be recited and all the Jews of the town used to gather). The Prophet stood up and addressed them, "O Assembly of Jews! Embrace Islam and you will be safe!" The Jews replied, "O Aba-l-Qasim! You have conveyed Allah's message to us." The Prophet said, "That is what I want (from you)." He repeated his first statement for the second time, and they said, "You have conveyed Allah's message, O Aba-l- Qasim." Then he said it for the third time and added, "You should Know that the earth belongs to Allah and His Apostle, and I want to exile you fro,,, this land, so whoever among you owns some property, can sell it, otherwise you should know that the Earth belongs to Allah and His Apostle." (See Hadith No. 392, Vol. 4)

You people recite this verse "You who believe, care for yourselves; he who goes astray cannot harm you when you are rightly-guided," and put it in its improper place.

Khalid's version has: We heard the Prophet (saws) say: When the people see a wrongdoer and do not prevent him, Allah will soon punish them all. Amr ibn Hushaym's version has: I heard the Messenger of Allah (saws) say: If acts of disobedience are done among any people and do not change them though the are able to do so, Allah will soon punish them all.

Adu Dawud said: This tradition has also been transmitted by Abu Usamah and a group transmitters similar to the version narrated by Khalid. The version of Shu'bah has: "If acts of obedience are done among any people who are more numerous than those who do them...."

We were one-hundred and thirty persons accompanying the Prophet who asked us whether anyone of us had food. There was a man who had about a Sa of wheat which was mixed with water then. A very tall pagan came driving sheep. The Prophet asked him, "Will you sell us (a sheep) or give it as a present?" He said, "I will sell you (a sheep)." The Prophet bought a sheep and it was slaughtered. The Prophet ordered that its liver and other Abdominal organs be roasted. By Allah, the Prophet gave every person of the one-hundred-and-thirty a piece of that; he gave all those of them who were present; and kept the shares of those who were absent. The Prophet then put its meat in two huge basins and all of them ate to their fill, and even then more food was left in the two basins which were carried on the camel (or said something like it).