Yahya related to me from Malik that he had heard that Abdullah ibn Umar used to say, "(Voluntary) prayer in both the day and night is two at a time with a taslim after every 2 raka'ahs."

Malik said, "That is the custom among us."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you",or"You are abandoned", were considered as three pronouncements of divorce.

Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible.

Malik added, "That is the best of what I have heard about the matter."

Yahya related to me from Malik from Yahya ibn Said that Zurayq ibn Hayyan, who was in charge of Egypt in the time of al-Walid, Sulayman, and Umar ibn Abd al-'Aziz, mentioned that Umar ibn Abd al- Aziz had written to him saying, "Assess the muslims that you come across and take from what is apparent of their wealth and whatever merchandise is in their charge, one dinar for every forty dinars, and the same proportion from what is less than that down to twenty dinars, and if the amount falls short of that by one third of a dinar then leave it and do not take anything from it. As for the people of the Book that you come across, take from the merchandise in their charge one dinar for every twenty dinars, and the same proportion from what is less than that down to ten dinars, and if the amount falls short by one third of a dinar leave it and do not take anything from it. Give them a receipt for what you have taken f rom them until the same time next year."

Malik said, "The position among us (in Madina) concerning goods which are being managed for trading purposes is that if a man pays zakat on his wealth, and then buys goods with it, whether cloth, slaves or something similar, and then sells them before a year has elapsed over them, he does not pay zakat on that wealth until a year elapses over it from the day he paid zakat on it. He does not have to pay zakat on any of the goods if he does not sell them for some years, and even if he keeps them for a very long time he still only has to pay zakat on them once when he sells them."

Malik said, "The position among us concerning a man who uses gold or silver to buy wheat, dates, or whatever, for trading purposes and keeps it until a year has elapsed over it and then sells it, is that he only has to pay zakat on it if and when he sells it, if the price reaches a zakatable amount. This is therefore not the same as the harvest crops that a man reaps from his land, or the dates that he harvests from his palms."

Malik said, "A man who has wealth which he invests in trade, but which does not realise a zakatable profit for him, fixes a month in the year when he takes stock of what goods he has for trading, and counts the gold and silver that he has in ready money, and if all of it comes to a zakatable amount he pays zakat on it."

Malik said, "The position is the same for muslims who trade and muslims who do not. They only have to pay zakat once in any one year, whether they trade in ...

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 ...

I went to al-Hirah and saw them (the people) prostrating themselves before a satrap of theirs, so I said: The Messenger of Allah (saws) has most right to have prostration made before him. When I came to the Prophet (saws), I said: I went to al-Hirah and saw them prostrating themselves before a satrap of theirs, but you have most right, Messenger of Allah, to have (people) prostrating themselves before you. He said: Tell me , if you were to pass my grave, would you prostrate yourself before it? I said: No. He then said: Do not do so. If I were to command anyone to make prostration before another I would command women to prostrate themselves before their husbands, because of the special right over them given to husbands by Allah.

Should I tell you what I heard the Messenger of Allah (saws) say on the day of Hunayn: It is not lawful for a man who believes in Allah and the last day to water what another has sown with his water (meaning intercourse with women who are pregnant); it is not lawful for a man who believes in Allah and the Last Day to have intercourse with a captive woman till she is free from a menstrual course; and it is not lawful for a man who believes in Allah and the Last Day to sell spoil till it is divided.

Mansur al-Kalbi said: Dihyah ibn Khalifah once went out from a village of Damascus at as much distance as it measures between Aqabah and al-Fustat during Ramadan; and that is three miles. He then broke his fast and the people broke their fast along with him. But some of them disliked to break their fast. When he came back to his village, he said: I swear by Allah, today I witnessed a thing of which I could not even think to see. The people detested the way of the Messenger of Allah (saws) and his Companions. He said this to those who fasted. At this moment he said: O Allah, make me die.

A woman called Umm Khallad came to the Prophet (saws) while she was veiled. She was searching for her son who had been killed (in the battle) Some of the Companions of the Prophet (saws) said to her: You have come here asking for your son while veiling your face? She said: If I am afflicted with the loss of my son, I shall not suffer the loss of my modesty. The Messenger of Allah (saws) said: You will get the reward of two martyrs for your son. She asked: Why is that so, Messenger of Allah? He replied: Because the people of the Book have killed him.

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.

(the wife of the Prophet) Allah's Apostle came to me when Allah ordered him to give option to his wives. So Allah's Apostle started with me, saying, "I am going to mention to you something but you should not hasten (to give your reply) unless you consult your parents.' He knew that my parents would not order me to leave him. Then he said, "Allah says:-- "O Prophet! Say to your wives..." (33.28-29) On that I said to him, "Then why should I consult my parents? Verily, I seek Allah, His Apostle and the Home of the Hereafter."

A man came to Ibn `Abbas while Abu Huraira was sitting with him and said, "Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband." Ibn `Abbas said, "This indicates the end of one of the two prescribed periods." I said "For those who are pregnant, their prescribed period is until they deliver their burdens." Abu Huraira said, I agree with my cousin (Abu Salama)." Then Ibn `Abbas sent his slave, Kuraib to Um Salama to ask her (regarding this matter). She replied. "The husband of Subai'a al Aslamiya was killed while she was pregnant, and she delivered a baby forty days after his death. Then her hand was asked in marriage and Allah's Apostle married her (to somebody). Abu As-Sanabil was one of those who asked for her hand in marriage".

A woman came to Allah's Apostle and said, "I present myself (to you) (for marriage). She stayed for a long while, then a man said, "If you are not in need of her then marry her to me." The Prophet said, "Have you got anything m order to pay her Mahr?" He said, "I have nothing with me except my Izar (waist sheet)." The Prophet said, "If you give her your Izar, you will have no Izar to wear, (so go) and search for something. He said, "I could not find anything." The Prophet said, "Try (to find something), even if it were an iron ring But he was not able to find (even that) The Prophet said (to him). "Do you memorize something of the Qur'an?" "Yes. ' he said, "such Sura and such Sura," naming those Suras The Prophet said, "We have married her to you for what you know of the Qur'an (by heart).

When `Abdur-Rahman bin `Auf married an Ansari woman, the Prophet asked him, "How much Mahr did you give her?" `Abdur-Rahman said, "Gold equal to the weight of a date stone." Anas added: When they (i.e. the Prophet and his companions) arrived at Medina, the emigrants stayed at the Ansar's houses. `Abdur-Rahman bin `Auf stayed at Sa`d bin Ar-Rabi's house. Sa`d said to `Abdur- Rahman, "I will divide and share my property with you and will give one of my two wives to you." `Abdur-Rahman said, "May Allah bless you, your wives and property (I am not in need of that; but kindly show me the way to the market)." So `Abdur-Rahman went to the market and traded there gaining a profit of some dried yoghurt and butter, and married (an Ansari woman). The Prophet said to him, "Give a banquet, even if with one sheep."

Some clothes were presented to Allah's Apostle as a gift and there was a black Khamisa with it. The Prophet asked (his companions), "To whom do you suggest we give this Khamisa?" The people kept quiet. Then he said, "Bring me Um Khalid," So I was brought to him and he dressed me with it with his own hands and said twice, "May you live so long that you will wear out many garments." He then started looking at the embroidery of that Khamisa and said, "O Um Khalid! This is Sana!" (Sana in Ethiopian language means beautiful.) 'Is-haq, a sub-narrator, said: A woman of my family had told me that she had seen the Khamisa worn by Um Khalid.

Allah, the brother of Abu Al-Qu'ais asked my permission to enter after the verses of Al-Hijab (veiling the ladies) was revealed, and I said, "By Allah, I will not admit him unless I take permission of Allah's Apostle for it was not the brother of Al-Qu'ais who had suckled me, but it was the wife of Al-Qu'ais, who had suckled me." Then Allah's Apostle entered upon me, and I said, "O Allah's Apostle! The man has not nursed me but his wife has nursed me." He said, "Admit him because he is your uncle (not from blood relation, but because you have been nursed by his wife), Taribat Yaminuki." `Urwa said, "Because of this reason, ' Aisha used to say: Foster suckling relations render all those things (marriages etc.) illegal which are illegal because of the corresponding blood relations." (See Hadith No. 36, Vol. 7)

(the wife of the Prophet) `Umar bin Al-Khattab used to say to Allah's Apostle "Let your wives be veiled" But he did not do so. The wives of the Prophet used to go out to answer the call of nature at night only at Al-Manasi.' Once Sauda, the daughter of Zam`a went out and she was a tall woman. `Umar bin Al-Khattab saw her while he was in a gathering, and said, "I have recognized you, O Sauda!" He (`Umar) said so as he was anxious for some Divine orders regarding the veil (the veiling of women.) So Allah revealed the Verse of veiling. (Al-Hijab; a complete body cover excluding the eyes). (See Hadith No. 148, Vol. 1)

Fatima and Al `Abbas came to Abu Bakr, seeking their share from the property of Allah's Apostle and at that time, they were asking for their land at Fadak and their share from Khaibar. Abu Bakr said to them, " I have heard from Allah's Apostle saying, 'Our property cannot be inherited, and whatever we leave is to be spent in charity, but the family of Muhammad may take their provisions from this property." Abu Bakr added, "By Allah, I will not leave the procedure I saw Allah's Apostle following during his lifetime concerning this property." Therefore Fatima left Abu Bakr and did not speak to him till she died.

The Prophet said, "Seven (people) will be shaded by Allah by His Shade on the Day of Resurrection when there will be no shade except His Shade. (They will be), a just ruler, a young man who has been brought up in the worship of Allah, a man who remembers Allah in seclusion and his eyes are then flooded with tears, a man whose heart is attached to mosques (offers his compulsory congregational prayers in the mosque), two men who love each other for Allah's Sake, a man who is called by a charming lady of noble birth to commit illegal sexual intercourse with her, and he says, 'I am afraid of Allah,' and (finally), a man who gives in charity so secretly that his left hand does not know what his right hand has given."

Abu Huraira said, "You people claim that Abu Huraira narrates many narrations of Allah's Apostle. (Anyhow) with Allah will be our appointment. I was a poor man, and used to stick to Allah's Apostle contented with what will fill my stomach, and the Muhajirin (emigrants) used to be busy trading in the markets, and the Ansar used to be busy looking after their properties. One-day I heard Allah's Apostle saying, 'Who will spread his Rida' (a garment covering the upper part of the body) till I finished my speech and then fold it, (i.e. wrap it over your body), in which case he will never forget anything he had heard from me." So I spread my garment which I was wearing; and by Him Who sent Muhammad with the Truth, ever since, I have never forgotten whatever I heard from him (the Prophet)" (See, Hadith No. 119, Vol. 1)

A Jew and Jewess were brought to the Prophet on a charge of committing an illegal sexual intercourse. The Prophet asked the Jews, "What do you (usually) do with them?" They said, "We blacken their faces and disgrace them." He said, "Bring here the Torah and recite it, if you are truthful." They (fetched it and) came and asked a one-eyed man to recite. He went on reciting till he reached a portion on which he put his hand. The Prophet said, "Lift up your hand!" He lifted his hand up and behold, there appeared the verse of Ar-Rajm (stoning of the adulterers to death). Then he said, "O Muhammad! They should be stoned to death but we conceal this Divine Law among ourselves." Then the Prophet ordered that the two sinners be stoned to death and, and they were stoned to death, and I saw the man protecting the woman from the stones. (See Hadith No. 809, Vol. 8)

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet made a treaty, and neither did the Prophet fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

"Hint your intention of marrying' is made by saying (to the widow) for example: "I want to marry, and I wish that Allah will make a righteous lady available for me.' " Al-Qasim said: One may say to the widow: 'I hold all respect for you, and I am interested in you; Allah will bring you much good, or something similar 'Ata said: One should hint his intention, and should not declare it openly. One may say: 'I have some need. Have good tidings. Praise be to Allah; you are fit to remarry.' She (the widow) may say in reply: I am listening to what you say,' but she should not make a promise. Her guardian should not make a promise (to somebody to get her married to him) without her knowledge. But if, while still in the Iddat period, she makes a promise to marry somebody, and he ultimately marries her, they are not to be separated by divorce (i.e., the marriage is valid).

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Sulayman ibn Yasar that Tulayha al-Asadiya was the wife of Rushayd ath-Thaqafi. He divorced her, and she got married in her idda-period. Umar ibn al-Khattab beat her and her husband with a stick several times, and separated them. Then Umar ibn al-Khattab said, "If a woman marries in her idda-period, and the new husband has not consummated the marriage, then separate them, and when she has completed the idda of her first husband, the other becomes a suitor. If he has consummated the marriage then separate them. Then she must complete her idda from her first husband, and then the idda from the other one, and they are never to be reunited."

Malik added, ''Said ibn al-Musayyab said that she had her dowry because he had consummated the marriage."

Malik said,"The practice with us concerning a free woman whose husband dies, is that she does an idda of four months and ten days and she does not marry if she doubts her period until she is free of any doubt or if she fears that she is pregnant."

Malik said, "Neither a free man nor a slave who divorces a slave- girl nor a slave who divorces a free woman, in an irrevocable divorce, is obliged to pay maintenance even if she is pregnant, and he cannot return to her."

Malik said, "A free man is not obliged to pay for the suckling of his son when he is a slave of other people, nor is a slave obliged to spend his money for what his master owns except with the permission of his master."

The wives of the Prophet used to go to Al-Manasi, a vast open place (near Baqi` at Medina) to answer the call of nature at night. `Umar used to say to the Prophet "Let your wives be veiled," but Allah's Apostle did not do so. One night Sauda bint Zam`a the wife of the Prophet went out at `Isha' time and she was a tall lady. `Umar addressed her and said, "I have recognized you, O Sauda." He said so, as he desired eagerly that the verses of Al-Hijab (the observing of veils by the Muslim women) may be revealed. So Allah revealed the verses of "Al-Hijab" (A complete body cover excluding the eyes).

A woman brought a woven Burda (sheet) having edging (border) to the Prophet, Then Sahl asked them whether they knew what is Burda, they said that Burda is a cloak and Sahl confirmed their reply. Then the woman said, "I have woven it with my own hands and I have brought it so that you may wear it." The Prophet accepted it, and at that time he was in need of it. So he came out wearing it as his waist-sheet. A man praised it and said, "Will you give it to me? How nice it is!" The other people said, "You have not done the right thing as the Prophet is in need of it and you have asked for it when you know that he never turns down anybody's request." The man replied, "By Allah, I have not asked for it to wear it but to make it my shroud." Later it was his shroud.

The Prophet (p.b.u.h) said, "Seven people will be shaded by Allah under His shade on the day when there will be no shade except His. They are: (1) a just ruler; (2) a young man who has been brought up in the worship of Allah, (i.e. worship Allah (Alone) sincerely from his childhood), (3) a man whose heart is attached to the mosque (who offers the five compulsory congregational prayers in the mosque); (4) two persons who love each other only for Allah's sake and they meet and part in Allah's cause only; (5) a man who refuses the call of a charming woman of noble birth for an illegal sexual intercourse with her and says: I am afraid of Allah; (6) a person who practices charity so secretly that his left hand does not know what his right hand has given (i.e. nobody knows how much he has given in charity). (7) a person who remembers Allah in seclusion and his eyes get flooded with tears."

The Prophet said, "Whoever frees a Muslim slave, Allah will save all the parts of his body from the (Hell) Fire as he has freed the body-parts of the slave." Sa`id bin Marjana said that he narrated that Hadith to `Ali bin Al-Husain and he freed his slave for whom `Abdullah bin Ja`far had offered him ten thousand Dirhams or one-thousand Dinars.

That he heard Allah's Apostle saying, "While a lady was nursing her child, a rider passed by and she said, 'O Allah! Don't let my child die till he becomes like this (rider).' The child said, 'O Allah! Don't make me like him,' and then returned to her breast (sucking it). (After a while) they passed by a lady who was being pulled and teased (by the people). The child's mother said, 'O Allah! Do not make my child like her.' The child said, 'O Allah! Make me like her.' Then he said, 'As for the rider, he is an infidel, while the lady is accused of illegal sexual intercourse (falsely) and she says: Allah is sufficient for me (He knows the truth).

The Prophet used to stand by a tree or a date-palm on Friday. Then an Ansari woman or man said. "O Allah's Apostle! Shall we make a pulpit for you?" He replied, "If you wish." So they made a pulpit for him and when it was Friday, he proceeded towards the pulpit (for delivering the sermon). The datepalm cried like a child! The Prophet descended (the pulpit) and embraced it while it continued moaning like a child being quietened. The Prophet said, "It was crying for (missing) what it used to hear of religious knowledge given near to it."