Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of ...

I heard Allah's Apostle saying, "Three men from among those who were before you, set out together till they reached a cave at night and entered it. A big rock rolled down the mountain and closed the mouth of the cave. They said (to each other), Nothing could save you from this rock but to invoke Allah by giving reference to the righteous deed which you have done (for Allah's sake only).' So, one of them said, 'O Allah! I had old parents and I never provided my family (wife, children etc.) with milk before them. One day, by chance I was delayed, and I came late (at night) while they had slept. I milked the sheep for them and took the milk to them, but I found them sleeping. I disliked to provide my family with the milk before them. I waited for them and the bowl of milk was in my hand and I kept on waiting for them to get up till the day dawned. Then they got up and drank the milk. O Allah! If I did that for Your Sake only, please relieve us from our critical situation caused by this rock.' So, the rock shifted a little but they could not get out." The Prophet added, "The second man said, 'O Allah! I had a cousin who was the dearest of all people to me and I wanted to have sexual relations with her but she refused. Later she had a hard time in a famine year and she came to me and I gave her one-hundred-and-twenty Dinars on the condition that she would not resist my desire, and she agreed. When I was about to fulfill my desire, she said: It is illegal for you to outrage my chastity except by legitimate marriage. So, I thought it a sin to have sexual intercourse with her and left her though she was the dearest of all the people to me, and also I left the gold I had given her. O Allah! If I did that for Your Sake only, please relieve us from the present calamity.' So, the rock shifted a little more but still they could not get out from there." The Prophet added, "Then the third man said, 'O Allah! I employed few laborers and I paid them their wages with the exception of one man who did not take his wages and went away. I invested his wages and I got much property thereby. (Then after some time) he came and said to me: O Allah's slave! Pay me my wages. I said to him: All the camels, cows, sheep and slaves you see, are yours. He said: O Allah's slave! Don't mock at me. I said: I am not mocking at you. So, he took all the herd and drove them away and left nothing. O Allah! If I did that for Your Sake only, ...

The Messenger of Allah (saws) commanded us one day to give sadaqah. At that time I had some property. I said: Today I shall surpass AbuBakr if I surpass him any day. I, therefore, brought half my property. The Messenger of Allah (saws) asked: What did you leave for your family? I replied: The same amount. AbuBakr brought all that he had with him. The Messenger of Allah (saws) asked him: What did you leave for your family? He replied: I left Allah and His Apostle for them. I said: I shall never compete you in anything.

We entered upon Ibn `Abbas and he said "Are you not astonished at Ibn Az-Zubair's assuming the caliphate?" I said (to myself), "I will support him and speak of his good traits as I did not do even for Abu Bakr and `Umar though they were more entitled to receive al I good than he was." I said "He (i.e Ibn Az-Zubair) is the son of the aunt of the Prophet and the son of AzZubair, and the grandson of Abu Bakr and the son of Khadija's brother, and the son of `Aisha's sister." Nevertheless, he considers himself to be superior to me and does not want me to be one of his friends. So I said, "I never expected that he would refuse my offer to support him, and I don't think he intends to do me any good, therefore, if my cousins should inevitably be my rulers, it will be better for me to be ruled by them than by some others."

Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for who-ever kills them shall have reward on the Day of Resurrection."

Abu Musa asked permission to enter upon `Umar, but seeing that he was busy, he went away. `Umar then said, "Didn't I hear the voice of `Abdullah bin Qais? Allow him to come in." He was called in and `Umar said to him, "What made you do what you did." He replied, "We have been instructed thus by the Prophet" `Umar said, "Bring proof (witness) for this, other wise I will do so-and-so to you." Then `Abdullah bin Qais went to a gathering of the Ansar who then said, "None but the youngest of us will give the witness for it." So Abu Sa`id Al-Khudri got up and said, "We used to be instructed thus (by the Prophet)." `Umar said, "This tradition of the Prophet remained hidden from me. Business in the market kept me busy."

Ibn al-Muthanna reported from ‘Amr from Hussain b. Abi Laila, saying ; Until Mu’adh came. Shu’bah said ; I heard it from Hussain who said : I shall follow the position (in the prayer in which I find him (the prophet)). . . you should do in a similar way.

Abu Dawud said: I then turned to the tradition reported by ‘Amr b. Marzuq he said; then Ma’adh came and they (the people) hinted at him. Shu’bah said; I heard it from hussain who said: Mu’adh then said; I shall follow the position (in the prayer when I join ...

[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."

She said: AbuMa'qil accompanied the Messenger of Allah (saws) during hajj. When he came (to her) she said: You know that hajj is incumbent on me. They walked until they visited him (i.e. the Prophet) and she asked (him): Messenger of Allah, hajj is due from me, and AbuMa'qil has a camel.

AbuMa'qil said: She spoke the truth, I have dedicated it to the cause of Allah.

The Messenger of Allah (saws) said: Give it to her, that is in the cause of Allah. So he gave the camel to her.

She then said: Messenger of Allah, I am a woman who has become aged and ill. Is there any action which would be sufficient for me as my hajj?

He replied: umrah performed during Ramadan is sufficient as hajj.

When we prayed with the Prophet we used to say: As-Salam be on Allah from His worshipers, As- Salam be on Gabriel, As-Salam be on Michael, As-Salam be on so-and-so. When the Prophet finished his prayer, he faced us and said, "Allah Himself is As-Salam (Peace), so when one sits in the prayer, one should say, 'at-Tahiyatu-li l-lahi Was-Salawatu, Wat-Taiyibatu, As-Salamu 'Alaika aiyuhan- Nabiyyu wa Rah-matul-iahi wa Barakatuhu, As-Salamu 'Alaina wa 'ala 'Ibadillahi assalihin, for if he says so, then it will be for all the pious slave of Allah in the Heavens and the Earth. (Then he should say), 'Ash-hadu an la ilaha illalllahu wa ash-hadu anna Muhammadan `Abduhu wa rasulu-hu,' and then he can choose whatever speech (i.e. invocation) he wishes " (See Hadith No. 797, Vol. 1).

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, that Abu Murra, the mawla of Aqil ibn Abi Talib, told him that he had heard Umm Hani bint Abi Talib say, "I went to the Messenger of Allah, may Allah bless him and grant him peace, in the year of the conquest and found him doing ghusl while his daughter Fatima, was screening him with a garment. I said to him, 'Peace be upon you' and he said, 'Who is that?' I replied, 'Umm Hani bint Abi Talib,' and he said, 'Welcome, Umm Hani!' When he had finished his ghusl, he stood and prayed eight rakas, covering himself with one garment, and then came away. I said, 'Messenger of Allah, the son of my mother, AIi, says that he is determined to kill so-and-so, son of Hubayra, a man I have placed under my protection.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'We give protection to whoever you have given protection to, Umm Hani.' "

Umm Hani related that this incident happened in the morning.

Allah's Apostle mentioned that he would practice I`tikaf in the last ten days of Ramadan. `Aisha asked his permission to perform I`tikaf and he permitted her. Hafsa asked `Aisha to take his permission for her, and she did so. When Zainab bint Jahsh saw that, she ordered a tent to be pitched for her and it was pitched for her. Allah's Apostle used to proceed to his tent after the prayer. So, he saw the tents ans asked, "What is this?" He was told that those were the tents of Aisha, Hafsa, and Zainab. Allah's Apostle said, "Is it righteousness which they intended by doing so? I am not going to perform I`tikaf." So he returned home. When the fasting month was over, he performed Itikar for ten days in the month of Shawwal.

the daughter of Abu Talib: I went to Allah's Apostle on the day of the conquest of Mecca and found him taking a bath, and his daughter Fatima was screening him. I greeted him and he asked, "Who is that?" I said, "I, Um Hani bint Abi Talib." He said, "Welcome, O Um Hani." When he had finished his bath, he stood up and offered eight rak`at while dressed in one garment. I said, "O Allah's Apostle! My brother `Ali has declared that he will kill a man to whom I have granted asylum. The man is so and-so bin Hubaira." Allah's Apostle said, "O Um Hani! We will grant asylum to the one whom you have granted asylum." (Um Hani said, "That (visit) took place in the Duha (i.e. forenoon)).

Yahya related to me from Malik from Umar ibn Husayn, the mawla of A'isha bint Qudama, that Abd al-Malik ibn Marwan imposed retaliation against a man who killed a mawla with a stick and so the mawla's patron killed the man with a stick.

Malik said, "The generally agreed on way of doing things in our community about which there is no dispute is that when a man strikes another man with a stick or hits him with a rock or intentionally strikes him causing his death, that is an intentional injury and there is retaliation for it."

Malik said, "Intentional murder with us is that a man intentionally goes to a man and strikes him until his life goes. Part of intentional injury also is that a man strikes a man in a quarrel between them. He leaves him while he is alive, and he bleeds to death and so dies. There is retaliation for that."

Malik said, "What is done in our community is that a group of free men are killed for the intentional murder of one free man, and a group of women for one woman, and a group of slaves for one slave."

Yahya related to me from Malik from Zayd ibn Aslam from his father that Umar ibn al-Khattab gave a mawla of his called Hunayy charge over the hima. He said, "Hunayy! Do not harm the people. Fear the supplication of the wronged, for the supplication of the wronged is answered. Let the one with a small herd of camels and the one with a small herd of sheep enter, but be wary of the livestock of Ibn Awf and the livestock of Ibn Affan. If their livestock are destroyed, they will return to palm-trees and agriculture. If the livestock of the one with a small herd of camels and the one with a small herd of sheep are destroyed, he will bring his children to me crying, 'Amir al-muminin! Amir al-Muminin!' Shall I neglect them? Water and pasturage are of less value to me than gold and silver. By Allah, they think that I have wronged them. This is their land and their water. They fought for it in the jahiliyya and became muslims on it in Islam. By He in whose hand my self is! Were it not for the mounts which I give to be ridden in the way of Allah, I would not have turned a span of their land into hima."

Abu Huraira said, "Allah's Apostle led us in one of the two `Isha' prayers (Abu Huraira named that prayer but I forgot it)." Abu Huraira added, "He prayed two rak`at and then finished the prayer with Taslim. He stood up near a piece of wood Lying across the mosque and leaned on it in such a way as if he was angry. Then he put his right hand over the left and clasped his hands by interlacing his fingers and then put his J right cheek on the back of his left hand. The people who were in haste left the mosque through its gates. They wondered whether the prayer was reduced. And amongst them were Abu Bakr and `Umar but they hesitated to ask the Prophet. A long-handed man called Dhul- Yadain asked the Prophet, 'O Allah's Apostle! Have you forgotten or has the prayer been reduced?' The Prophet replied, 'I have neither forgotten nor has the prayer been reduced' The Prophet added, 'Is what Dhul Yadain has said true?' They (the people) said, 'Yes, it is true.' The Prophet stood up again and led the prayer, completing the remaining prayer, forgotten by him, and performed Taslim, and then said, 'Allahu Akbar.' And then he did a prostration as he used to prostrate or longer than that. He then raised his head saying, 'Allahu Akbar; he then again said, 'Allahu Akbar', and prostrated as he used to prostrate or longer than that. Then he raised his head and said, 'Allahu Akbar.' " (The subnarrator added, "I think that they asked (Ibn Seereen) whether the Prophet completed the prayer with Taslim. He replied, "I heard that `Imran bin Husain had said, 'Then he (the Prophet) did Taslim.")

We set out assuming the Ihram for Hajj in the months of Hajj towards the sacred precincts of Hajj. We dismounted at Sarif and the Prophet said to his companions, "Whoever has not got the Hadi with him and likes to make it as `Umra, he should do it, but he who has got the Hadi with him should not do it." The Prophet and some of his wealthy companions had the Hadi with them, so they did not finish Ihram after performing the `Umra. The Prophet came to me while I was weeping. He asked me the reason for it. I replied, "I have heard of what you have said to your companions and I cannot do the `Umra." He asked me, "What is the matter with you?" I replied, "I am not praying." He said, "There is no harm in it as you are one of the daughters of Adam and the same is written for you as for others. So, you should perform Hajj and I hope that Allah will enable you to perform the `Umra as well." So, I carried on till we departed from Mina and halted at Al-Mahassab. The Prophet called `Abdur- Rahman and said, "Go out of the sanctuary with your sister and let her assume Ihram for `Umra, and after both of you have finished the Tawaf I will be waiting for you at this place." We came back at midnight and the Prophet asked us, "Have you finished?" I replied in the affirmative. He announced the departure and the people set out for the journey and some of them had performed the Tawaf of the Ka`ba before the morning prayer, and after that the Prophet set out for Medina.

"I saw Ibn `Umar praying while taking his camel as a Sutra in front of him and he said, "I saw the Prophet doing the same."

The Prophet (p.b.u.h) said, "Allow women to go to the Mosques at night."

Allah's Apostle said, "Your period (i.e. the Muslims' period) in comparison to the periods of the previous nations, is like the period between the `Asr prayer and sunset. And your example in comparison to the Jews and the Christians is like the example of a person who employed some laborers and asked them, 'Who will work for me till midday for one Qirat each?' The Jews worked for half a day for one Qirat each. The person asked, 'Who will do the work for me from midday to the time of the `Asr (prayer) for one Qirat each?' The Christians worked from midday till the `Asr prayer for one Qirat. Then the person asked, 'Who will do the work for me from the `Asr till sunset for two Qirats each?' " The Prophet added, "It is you (i.e. Muslims) who are doing the work from the `Asr till sunset, so you will have a double reward. The Jews and the Christians got angry and said, 'We have done more work but got less wages.' Allah said, 'Have I been unjust to you as regards your rights?' They said, 'No.' So Allah said, 'Then it is My Blessing which I bestow on whomever I like. "

A man came to `Umar bin Al-Khattab and said, "I became Junub but no water was available." `Ammar bin Yasir said to `Umar, "Do you remember that you and I (became Junub while both of us) were together on a journey and you didn't pray but I rolled myself on the ground and prayed? I informed the Prophet about it and he said, 'It would have been sufficient for you to do like this.' The Prophet then stroked lightly the earth with his hands and then blew off the dust and passed his hands over his face and hands."

That he sold a camel to the Prophet (saws) and made a condition that he could ride it to (return to) his family.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. It has been reported through other routes from Jabir.

This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They consider it allowed to make a condition in a sale when it is one condition. This is the view of Ahmad and Ishaq.

Some of the people of knowledge said that it is not allowed to make a condition in a sale, nor to complete a sale when there is a condition for it.

Allah's Apostle offered witr prayer at different nights at various hours extending (from the `Isha' prayer) up to the last hour of the night.

That he heard Marwan bin Al-Hakam and Al-Miswar bin Makhrama relating one of the events that happened to Allah's Apostle in the `Umra of Al-Hudaibiya. They said, "When Allah's Apostle concluded the truce with Suhail bin `Amr on the day of Al-Hudaibiya, one of the conditions which Suhail bin `Amr stipulated, was his saying (to the Prophet), "If anyone from us (i.e. infidels) ever comes to you, though he has embraced your religion, you should return him to us, and should not interfere between us and him." Suhail refused to conclude the truce with Allah's Apostle except on this condition. The believers disliked this condition and got disgusted with it and argued about it. But when Suhail refused to conclude the truce with Allah's Apostle except on that condition, Allah's Apostle concluded it. Accordingly, Allah's Apostle then returned Abu Jandal bin Suhail to his father, Suhail bin `Amr, and returned every man coming to him from them during that period even if he was a Muslim. The believing women Emigrants came (to Medina) and Um Kulthum, the daughter of `Uqba bin Abi Mu'ait was one of those who came to Allah's Apostle and she was an adult at that time. Her relatives came, asking Allah's Apostle to return her to them, and in this connection, Allah revealed the Verses dealing with the believing (women).