Abu Dawud says that Ibn Mubarak narrated this hadith from ‘Abbas b. Sahl, which he did not remember well. It is thought that he has mentioned ‘Isa b. ‘Abd Allah, ‘Abbas b. Sahl and Abu Humaid al-Sa’idi.

Yahya related to me from Malik from Hisham ibn Urwa from his father that one of the muhajirun in whom he saw no harm asked Abdullah ibn Amr ibn al-As, "Can I pray in a place where camels are watered?" Abdullah replied, "No, but you can pray in a sheep-pen."

"Abayah bin Rifa'ah bin Rafi' met me while I was walking to the Friday prayer. He said: 'Have glad tidings, for indeed these footsteps of yours are in the cause of Allah. I heard Abu 'Abs say: "The Messenger of Allah (saws) said, 'Whoever get his two feet dusty in the path of Allah, then they are prohibited for the Fire.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. Abu 'Abs's name is 'Abdur-Rahman bin Jabr. There are narrations on this topic from Abu Bkar and a man from the Companions of the Prophet (saws).

He said: Yazid bin Abi Maryam is a man from Ash-Sham. Al-Walid bin Muslim, Yahya bin Hamzah, and some others among the people of Ash-Sham report from him.

Buraid bin Abi Maryam is form Al-Kufah. His father is one of the Companions of the Prophet (saws) whose name was Malik bin Rabi'ah. [Buraid bin Abi Maryam heard from Anas bin Malik. Abu Ishaq Al-Hamdani, 'Ata bin As-Sa'ib, Yunus bin Abi Ishaq, and Shu'bah reported Ahadith from Buraid bin Abi Maryam].

"I saw Ibn Rafi' [and he is 'Ubaidullah bin Abi Rafi', the freed slave of the Messenger of Allah (saws) - and Aslam was the name of Ibn Abi Rafi] wearing a ring on his right, so I asked him about that. He said, 'I saw 'Abdullah bin Ja'far wearing a ring on his right hand, and he ['Abdullah bin Ja'far] said: "The Messenger of Allah (saws) wore a ring on his right hand."

He said: Muhammad [bin Isma'il] said: "This is the most correct thing related from the Prophet (saws) on this topic."

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Abdullah ibn Abbas and Abu Salama ibn Abd ar-Rahman ibn Awf differed on the question of a wornan who gave birth a few nights after the death of her husband. Abu Salama said, "When she gives birth to the child she is carrying, she is free to marry." Ibn Abbas said, "At the end of two periods." Abu Hurayra came and said, "I am with my nephew", meaning Abu Salama. They sent Kurayb, a mawla of Abdullah ibn Abbas to Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, to ask her about it. He came back and told them that she had said that Subaya al-Aslamiya had given birth a few nights after the death of her husband, and she had brought the matter to the Messenger of Allah, may Allah bless him and grant him peace, and he had said, "You are free to marry, so marry whomever you wish."

Malik said, "This is how the people of knowledge here continue to act."

29.31 Widows Remaining in Their Houses until Free to Marry

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd al-Malik, from Ata ibn Yazid al-Laythi that Abu Hurayra said, "Whoever says 'Glory be to Allah' (Subhana'llah) thirty- three times and 'Allah is Greater' (Allahu akbar) thirty-three times and 'Praise be to Allah' (al-hamdu lillah) thirty-three times, and seals the hundred with 'There is no god but Allah, alone without any partner. The Kingdom and praise belong to Him and He has power over everything' (La ilaha illa'llah, wahdahu la sharika lah, lahu'l mulku wa lahu'l hamd, wa huwa ala kulli shay'in qadir) after every prayer will have his wrong actions forgiven him even if they are abundant as the foam on the sea."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab, when he went to Makka, used to lead them in prayer and do two rakas and then say, "People of Makka,complete the prayer, we are a group travelling."

Malik related to me from Abd ar-Rahman ibn Harmala that Said ibn al-Musayyab heard the Messenger of Allah, may Allah bless him and grant him peace, say, "Shaytan concerns himself with one and two. When there are three, he does not concern himself with them."

Yahya related to me from Malik from Uthman ibn Hafs ibn Umar ibn Khalda that Ibn Shihab had heard that Abu Lubaba ibn Abd al-Mundhir, when Allah turned to him said, "Messenger of Allah, should I leave my people's house in which I committed wrong action and keep your company, and give away all my property as sadaqa for Allah and His Messenger? "The Messenger of Allah, may Allah bless him and grant him peace, said, "Giving away a third of it is enough for you."

The Messenger of Allah (saws) said something similar as mentioned in the preceding tradition. This version adds: But the poor man (miskin) who abstains from begging from the people is one (according to the version of Musaddad who does not get enough so that he may not beg from the people, nor is his need known to the people, so that alms be given to him. This is the one who has been deprived. Musaddad did not mention the words "one who avoids begging from the people."

Abu Dawud said: This tradition has been transmitted by Muhammad bin Thawr and 'Abd al-Razzaq on the authority of Ma'mar. They mentioned that the word "deprived" is the statement of al-Zuhri, and this is more sound.

I sat in a gathering in which the chiefs of the Ansar were present, and `Abdur-Rahman bin Abu Laila was amongst them. I mentioned the narration of `Abdullah bin `Utba regarding the question of Subai'a bint Al-Harith. `Abdur-Rahman said, "But `Abdullah's uncle used not to say so." I said, "I am too brave if I tell a lie concerning a person who is now in Al-Kufa," and I raised my voice. Then I went out and met Malik bin 'Amir or Malik bin `Auf, and said, "What was the verdict of Ibn Mas`ud about the pregnant widow whose husband had died?" He replied, "Ibn Mas`ud said, 'Why do you impose on her the hard order and don't let her make use of the leave? The shorter Sura of women (i.e. Surat-at- Talaq) was revealed after the longer Sura (i.e. Surat-al-Baqara)." (i.e. Her 'Idda is up till she delivers.)

Yahya related to me from Malik from Damra ibn Said al-Mazini from al-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabit when Ibn Fahd came to him. He was from the Yemen. He said, "Abu Said! I have slave-girls. None of the wives in my keep are more pleasing to me than them, and not all of them please me so much that I want a child by them, shall I then practise coitus interruptus?" Zayd ibn Thabit said, "Give an opinion, Hajjaj!" "I said, 'May Allah forgive you! We sit with you in order to learn from you!' He said, 'Give an opinion! 'I said, 'She is your field, if you wish, water it, and if you wish, leave it thirsty. I heard that from Zayd.' Zayd said, 'He has spoken the truth.' "

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

Yahya related to me from Malik that Ishaq ibn Abdullah ibn Abi Talha said, "Anas ibn Malik said, 'I saw Umar ibn al-Khattab when he was the amir of Madina. Three patches were sewn between his shoulders, one patched over the other.' ''

Yahya related to me from Malik from Ismail ibn Muhammad ibn Said ibn Abi Waqqas from a mawla of Amr ibn al-As or of Abdullah ibn Amr ibn al-As that the Messenger of Allah, may Allah bless him and grant him peace, said, "The prayer of one of you sitting down is only equal to half the prayer of one of you when he is standing."

(from his father) Abu Qatada went out (on a journey) with Allah's Apostle but he was left behind with some of his companions who were in the state of Ihram. He himself was not in the state of Ihram. They saw an opener before he could see it. When they saw the opener, they did not speak anything till Abu Qatada saw it. So, he rode over his horse called Al-Jarada and requested them to give him his lash, but they refused. So, he himself took it and then attacked the opener and slaughtered it. He ate of its meat and his companions ate, too, but they regretted their eating. When they met the Prophet (they asked him about it) and he asked, "Have you some of its meat (left) with you?" Abu Qatada replied, "Yes, we have its leg with us." So, the Prophet took and ate it.

Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn Abd ar-Rahman ibn Awf that Abd ar-Rahman ibn Awf bought a slave- girl and found that she had a husband, so he returned her.

`Abdullah bin Az-Zubair said that a group of riders belonging to Banu Tamim came to the Prophet, Abu Bakr said (to the Prophet ), "Appoint Al-Qa'qa bin Mabad bin Zurara as (their) ruler." `Umar said (to the Prophet). "No! But appoint Al-Aqra bin H`Abis." Thereupon Abu Bakr said (to `Umar). "You just wanted to oppose me." `Umar replied. "I did not want to oppose you." So both of them argued so much that their voices became louder, and then the following Divine Verses were revealed in that connection:-- "O you who believe ! Do not be forward in the presence of Allah and His Apostle..." (till the end of Verse)...(49.1)

On the authority of some men of the Ansar : The Prophet (saws) said to the Jews and started with them: Fifty of you should take the oaths. But they refused (to take the oaths). He then said to the Ansar: Prove your claim. They said: Do we take the oaths without seeing, Messenger of Allah? The Messenger of Allah (saws) then imposed the blood-wit on the Jews because he (the slain) was found among them.

Yahya related to me from Malik from Ibn Shihab from Abu Abd ar- Rahman that Zayd ibn Thabit said that if a man divorced his slave-girl three times and then bought her, she was not halal for him until she had married another husband.

Malik related to me from Yahya ibn Said and somebody else from al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a man in the time of the Messenger of Allah, may Allah bless him and grant him peace, freed six of his slaves while he was dying. The Messenger of Allah, may Allah bless him and grant him peace, drew lots between them and freed a third of those slaves.

Malik added that he had heard that the man did not have any property other than them.

We do not know of any tribe amongst the 'Arab tribes who lost more martyrs than Al-Ansar, and they will have superiority on the Day of Resurrection. Anas bin Malik told us that seventy from the Ansar were martyred on the day of Uhud, and seventy on the day (of the battle of) Bir Ma'una, and seventy on the day of Al-Yamama. Anas added, "The battle of Bir Ma'una took place during the lifetime of Allah's Apostle and the battle of Al-Yamama, during the caliphate of Abu Bakr, and it was the day when Musailamah Al-Kadhdhab was killed."

My father saw `Amr bin Abi Hasan asking `Abdullah bin Zaid about the ablution of the Prophet. `Abdullah bin Zaid asked for earthenware pot containing water and in front of them performed ablution like that of the Prophet . He poured water from the pot over his hand and washed his hands thrice and then he put his hands in the pot and rinsed his mouth and washed his nose by putting water in it and then blowing it out with three handfuls of water. Again he put his hand in the water and washed his face thrice and washed his forearms up to the elbows twice; and then put his hands in the water and then passed them over his head by bringing them to the front and then to the rear of the head once, and then he washed his feet up to the ankles.

The Messenger of Allah (saws) sent us on foot to get spoil, but we returned without getting any. When he saw the signs of distress on our faces, he stood up on our faces and said: O Allah, do not put them under my care, for I would be too weak to care for them; do not put them in care of themselves, for they would be incapable of that, and do not put them in the care of men, for they would choose the best things for themselves. He then placed his hand on my head and said: Ibn Hawalah, when you see the caliphate has settled in the holy land, earthquakes, sorrows and serious matters will have drawn near and on that day the Last Hour will be nearer to mankind than this hand of mine is to your head.

Abu Dawud said: 'Abd Allah b. Hawalah belongs to Hims.

Yahya related to me from Malik from Nafi that a slave of Abdullah ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to Said ibn al-As, who was the amir of Madina, to cut off his hand. Said refused to cut off his hand. He said, "The hand of a runaway slave is not cut off when he steals." Abdullah ibn Umar said to him, "In what Book of Allah did you find this?" Then Abdullah ibn Umar gave the order, and his hand was cut off.

Um Al-`Ala an Ansari woman who had given a pledge of allegiance to Allah's Apostle told me:, "The Muhajirln (emigrants) were distributed amongst us by drawing lots, and we got `Uthman bin Maz'un in our share. We made him stay with us in our house. Then he suffered from a disease which proved fatal. When he died and was given a bath and was shrouded in his clothes. Allah's Apostle came, I said, (addressing the dead body), 'O Aba As-Sa'ib! May Allah be Merciful to you! I testify that Allah has honored you.' Allah's Apostle said, 'How do you know that Allah has honored him?" I replied, 'Let my father be sacrificed for you, O Allah's Apostle! On whom else shall Allah bestow. His honor?' Allah's Apostle said, 'As for him, by Allah, death has come to him. By Allah, I wish him all good (from Allah). By Allah, in spite of the fact that I am Allah's Apostle, I do not know what Allah will do to me.", Um Al-`Ala added, "By Allah, I will never attest the righteousness of anybody after that."

The Prophet (saws) said: Sadaqah may not be given to a rich man or to one who has strength and is sound in limbs.

Abu Dawud said: This tradition has been transmitted by Sufyan from Sa'd bin Ibrahim like the tradition narrated by Ibrahim. The version of Shu'bah from Sa'd has: "for a man who has strength and is robust." The other version of this tradition from the Prophet (saws) have the words "for a man who has strength and is robust." Others have "for a man who has strength and is sound in limbs." 'Ata bin Zuhair said that he had met 'Abd Allah bin 'Amr who said: "Sadaqah is not lawful for a strong man nor for a man who has strength and is sound in limbs."

The people used to say that Ibn `Umar had embraced Islam before `Umar. This is not true. What happened is that `Umar sent `Abdullah to bring his horse from an Ansari man so as to fight on it. At that time the people were giving the Pledge of allegiance to Allah's Apostle near the Tree, and `Umar was not aware of that. So `Abdullah (bin `Umar) gave the Pledge of Allegiance (to the Prophet) and went to take the horse and brought it to `Umar. While `Umar was putting on the armor to get ready for fighting, `Abdullah informed him that the people were giving the Pledge of allegiance to Allah's Apostle beneath the Tree. So `Umar set out and `Abdullah accompanied him till he gave the Pledge of allegiance to Allah's Apostle, and it was this event that made people say that Ibn `Umar had embraced Islam before `Umar.