Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it.

He told him that he had heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree.

The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (saws). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam.

Rafi' said to him: I heard the Messenger of Allah (saws) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.

Abu Dawud said: Kathar means pith of the palm-tree.

A man was mentioned before the Prophet and another man praised him greatly The Prophet said, "May Allah's Mercy be on you ! You have cut the neck of your friend." The Prophet repeated this sentence many times and said, "If it is indispensable for anyone of you to praise someone, then he should say, 'I think that he is so-and-so," if he really thinks that he is such. Allah is the One Who will take his accounts (as He knows his reality) and no-one can sanctify anybody before Allah." (Khalid said, "Woe to you," instead of "Allah's Mercy be on you.")

that he was asked about a man who had vowed that he would fast all the days of his life then the day of `Id al Adha or `Id-al-Fitr came. `Abdullah bin `Umar said: You have indeed a good example in Allah's Apostle. He did not fast on the day of `Id al Adha or the day of `Id-al-Fitr, and we do not intend fasting on these two days.

I saw `Abdullah bin `Umar crossing his legs while sitting in the prayer and I, a mere youngster in those days, did the same. Ibn `Umar forbade me to do so, and said, "The proper way is to keep the right foot propped up and bend the left in the prayer." I said questioningly, "But you are doing so (crossing the legs)." He said, "My feet cannot bear my weight."

It is a sign of having knowledge that, when you do not know something, you say: 'Allah knows better.' Allah said to his Prophet: 'Say: No wage do I ask of you for this (Qur'an), nor am I one of the pretenders (a person who pretends things which do not exist)' (38.86) When the Quraish troubled and stood against the Prophet he said, "O Allah! Help me against them by afflicting them with seven years of famine like the seven years of Joseph." So they were stricken with a year of famine during which they ate bones and dead animals because of too much suffering, and one of them would see something like smoke between him and the sky because of hunger. Then they said: Our Lord! Remove the torment from us, really we are believers. (44.12) And then it was said to the Prophet (by Allah), "If we remove it from them. they will revert to their ways (of heathenism)." So the Prophet invoked his Lord, who removed the punishment from them, but later they reverted (to heathenism), whereupon Allah punished them on the day of the Battle of Badr, and that is what Allah's Statement indicates: 'Then watch for the day that the sky will bring forth a kind of smoke plainly visible...we will indeed (then) exact retribution.' (44.10).

The Prophet said, "Whoever claims to have seen a dream which he did not see, will be ordered to make a knot between two barley grains which he will not be able to do; and if somebody listens to the talk of some people who do not like him (to listen) or they run away from him, then molten lead will be poured into his ears on the Day of Resurrection; and whoever makes a picture, will be punished on the Day of Resurrection and will be ordered to put a soul in that picture, which he will not be able to do." Ibn `Abbas also narrated a similar hadith.

(as regards) Allah's Statement: "Move not your tongue concerning (the Qur'an) to make haste therewith." (75.16) When Gabriel revealed the Divine Inspiration in Allah's Apostle , he (Allah's Apostle) moved his tongue and lips, and that state used to be very hard for him, and that movement indicated that revelation was taking place. So Allah revealed in Surat Al-Qiyama which begins: 'I do swear by the Day of Resurrection...' (75) the Verses:-- 'Move not your tongue concerning (the Qur'an) to make haste therewith. It is for Us to collect it (Qur'an) in your mind, and give you the ability to recite it by heart. (75.16-17) Ibn `Abbas added: It is for Us to collect it (Qur'an) (in your mind), and give you the ability to recite it by heart means, "When We reveal it, listen. Then it is for Us to explain it," means, 'It is for us to explain it through your tongue.' So whenever Gabriel came to Allah's Apostle ' he would keep quiet (and listen), and when the Angel left, the Prophet would recite that revelation as Allah promised him.

Ikrimah reported on the authority of Ibn Abbas, saying: I think the Messenger of Allah (saws) said: When one of you prays without a sutrah, a dog, an ass, a pig, a Jew, a Magian, and a woman cut off his prayer, but it will suffice if they pass in front of him at a distance of over a stone's throw.

Abu Dawud said: There is something about this tradition in my heart. I used to discuss it with Ibrahim and others. I did not find anyone who narrated it from Hisham and knew it. I did not know anyone who reported it from Hisham and knew it. I did not know anyone who related it from Hisham. I think the confusion is on the part of Ibn Abi Saminah that is, Muhammad b. Isma'il al-Basri, the freed slave of Banu Hisham. In this tradition the mention of words "a Magian" is rejected; the mention of the words "at a stone's throw" and "a pig" is rejected.

Abu Dawud said: I did not hear this tradition except from Muhammad b. Isma'il b. Samurrah and I think he was mistaken because he used to narrate to us from his memory.

This hadith has been narrated on the authority of 'Abdullah with the same chain of transmitters but with a slight variation of wording.

The Messenger of Allah (saws) had himself cupped above the thigh for a contusion from which he suffered.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that when he brought an animal to be sacrificed from Madina he would garland it and brand it at Dhu'l-Hulayfa, doing the garlanding before the branding, but doing both in the same place, while facing the qibla. He would garland the animal with two sandals and brand it on its left side. It would then be driven with him until he observed the standing together with everybody at Arafa. Then he would drive it on with him when everybody else moved on, and then when he arrived at Mina on the morning of the sacrifice, he would sacrifice the animal, before he shaved his head. He would sacrifice the animals with his own hands ,lining them up standing and facing the qibla. He would then eat some of the meat, and give some of it away.

The Prophet (saws) said: Eat what ever is caught for you by a dog or a hawk you have trained and set off when you have mentioned Allah's name. I said: (Does this apply) if it killed (the animal)? He said: When it kills it without eating any of it, for it caught it only for you.

Abu Dawud said: If a hawk eats any of it, there is no harm (in eating it). If a dog eats it, it is disapproved (to eat the meat). If it drinks blood, there is no harm (in eating it).

When `Umar was stabbed, he showed signs of agony. Ibn `Abbas, as if intending to encourage `Umar, said to him, "O Chief of the believers! Never mind what has happened to you, for you have been in the company of Allah's Apostle and you kept good relations with him and you parted with him while he was pleased with you. Then you were in the company of Abu Bakr and kept good relations with him and you parted with him (i.e. he died) while he was pleased with you. Then you were in the company of the Muslims, and you kept good relations with them, and if you leave them, you will leave them while they are pleased with you." `Umar said, (to Ibn "Abbas), "As for what you have said about the company of Allah's Apostle and his being pleased with me, it is a favor, Allah did to me; and as for what you have said about the company of Abu Bakr and his being pleased with me, it is a favor Allah did to me; and concerning my impatience which you see, is because of you and your companions. By Allah! If (at all) I had gold equal to the earth, I would have ransomed myself with it from the Punishment of Allah before I meet Him."

A Jew killed a girl of the Ansar for her ornaments. He then threw her in a well, and crushed her head with stones. He was then arrested and brought to the Prophet (saws). He ordered regarding him that he should be stoned to death. He was then stoned till he died.

Abu Dawud said: It has been transmitted by Ibn Juraij from Ayyub in a similar way.

`Ali was told that Ibn `Abbas did not see any harm in the Mut'a marriage. `Ali said, "Allah's Apostle forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat." Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others said, "The marriage is valid but its condition is illegal."

The nephew of Suraqa bin Ju'sham said that his father informed him that he heard Suraqa bin Ju'sham saying, "The messengers of the heathens of Quraish came to us declaring that they had assigned for the persons why would kill or arrest Allah's Apostle and Abu Bakr, a reward equal to their bloodmoney. While I was sitting in one of the gatherings of my tribe. Bani Mudlij, a man from them came to us and stood up while we were sitting, and said, "O Suraqa! No doubt, I have just seen some people far away on the seashore, and I think they are Muhammad and his companions." Suraqa added, "I too realized that it must have been they. But I said 'No, it is not they, but you have seen so-and-so, and so-and-so whom we saw set out.' I stayed in the gathering for a while and then got up and left for my home. and ordered my slave-girl to get my horse which was behind a hillock, and keep it ready for me.

Then I took my spear and left by the back door of my house dragging the lower end of the spear on the ground and keeping it low. Then I reached my horse, mounted it and made it gallop. When I approached them (i.e. Muhammad and Abu Bakr), my horse stumbled and I fell down from it, Then I stood up, got hold of my quiver and took out the divining arrows and drew lots as to whether I should harm them (i.e. the Prophet and Abu Bakr) or not, and the lot which I disliked came out. But I remounted my horse and let it gallop, giving no importance to the divining arrows. When I heard the recitation of the Quran by Allah's Apostle who did not look hither and thither while Abu Bakr was doing it often, suddenly the forelegs of my horse sank into the ground up to the knees, and I fell down from it. Then I rebuked it and it got up but could hardly take out its forelegs from the ground, and when it stood up straight again, its fore-legs caused dust to rise up in the sky like smoke. Then again I drew lots with the divining arrows, and the lot which I disliked, came out. So I called upon them to feel secure. They stopped, and I remounted my horse and went to them. When I saw how I had been hampered from harming them, it came to my mind that the cause of Allah's Apostle (i.e. Islam) will become victorious. So I said to him, "Your people have assigned a reward equal to the bloodmoney for your head." Then I told them all the plans the people of Mecca had made concerning them. Then I offered them some journey food and goods but they refused to take anything and did not ask for ...

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased ...

I came upon `Abdullah and he said, "When Allah's Apostle invited Quraish (to Islam), they disbelieved him and stood against him. So he (the Prophet) said, "O Allah! Help me against them by afflicting them with seven years of famine similar to the seven years of Joseph.' So they were stricken with a year of drought that destroyed everything, and they started eating dead animals, and if one of them got up he would see something like smoke between him and the sky from the severe fatigue and hunger." `Abdullah then recited:-- 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people. This is a painful torment... (till he reached) ........ We shall indeed remove the punishment for a while, but truly you will revert (to heathenism): (44.10-15) `Abdullah added: "Will the punishment be removed from them on the Day of Resurrection?" He added," The severe grasp" was the Day of the Battle of Badr."

Yahya related to me from Malik, from Yahya ibn Said, that he heard Said ibn al-Musayyab relating from Abu Hurayra that he was once coming back from Bahrayn, and, when he reached ar-Rabadha, he found a caravan of people from Iraq in ihram, who asked him whether they could eat the meat of some game which they had found with the people of ar- Rabadha, and he told them they could eat it. He said, "Afterwards I had doubts about what I had told them to do, so when I got back to Madina I mentioned the matter to Umar ibn al-Khattab and he said, 'What did you tell them to do?' I said, ' I told them to eat it.' Umar ibn al-Khattab said, threatening me, 'If you had told them to do anything else I would have done something to you.' "

The Messenger of Allah (saws) said to al-Hasan ibn Ali. This son of mine is a Sayyid (chief), and I hope Allah may reconcile two parties of my community by means of him. Hammad's version has: And perhaps Allah may reconcile two large parties of Muslims by means of him.

Sa'id ibn Jubayr said: I said to Abdullah ibn Abbas: AbulAbbas, I am surprised to see the difference of opinion amongst the companions of the Apostle (saws) about the wearing of ihram by the Messenger of Allah (saws) when he made it obligatory.

He replied: I am aware of it more than the people. The Messenger of Allah (saws) performed only one hajj. Hence the people differed among themselves. The Messenger of Allah (saws) came out (from Medina) with the intention of performing hajj. When he offered two rak'ahs of prayer in the mosque at Dhul-Hulayfah, he made it obligatory by wearing it.

At the same meeting, he raised his voice in the talbiyah for hajj, when he finished his two rak'ahs. Some people heard it and I retained it from him. He then rode (on the she-camel), and when it (the she-camel) stood up, with him on its back, he raised his voice in the talbiyah and some people heard it at that moment. This is because the people were coming in groups, so they heard him raising his voice calling the talbiyah when his she-camel stood up with him on its back, and they thought that the Messenger of Allah (saws) had raised his voice in the talbiyah when his she-camel stood up with him on its back.

The Messenger of Allah (saws) proceeded further; when he ascended the height of al-Bayda' he raised his voice in the talbiyah. Some people heard it at that moment. They thought that he had raised his voice in the talbiyah when he ascended the height of al-Bayda'. I swear by Allah, he raised his voice in the talbiyah at the place where he prayed, and he raised his voice in the talbiyah when his she-camel stood up with him on its back, and he raised his voice in the talbiyah when he ascended the height of al-Bayda'.

Sa'id (ibn Jubayr) said; He who follows the view of Ibn Abbas raises his voice in talbiyah (and ihram) at the place of is prayer after he finishes two rak'ahs of his prayer.

Yahya related to me from Malik that he had heard from Amir ibn Sad ibn Abi Waqqas that his father said, "There were two brothers, one of whom died forty nights before the other. The merit of the first was being mentioned in the presence of the Messenger of Allah, may Allah bless him and grant him peace, and he said, 'Wasn't the other one a muslim?' They said, 'Of course, Messenger of Allah, and there was no harm in him.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'What will make you realise what his prayer has brought him. The prayer is like a deep river of sweet water running by your door into which you plunge five times a day. How much of your dirtiness do you think that will leave? You do not realise what his prayer has brought him.' "

I was a companion rider of the Prophet on a donkey called 'Ufair. The Prophet asked, "O Mu`adh! Do you know what Allah's right on His slaves is, and what the right of His slaves on Him is?" I replied, "Allah and His Apostle know better." He said, "Allah's right on His slaves is that they should worship Him (Alone) and should not worship any besides Him. And slave's right on Allah is that He should not punish him who worships none besides Him." I said, "O Allah's Apostle! Should I not inform the people of this good news?" He said, "Do not inform them of it, lest they should depend on it (absolutely).

Yahya related to me from Malik from Ibn Shihab from Safwan ibn Abdullah ibn Safwan that it was said to Safwan ibn Umayya, "Whoever does not do hijra is ruined." So Safwan ibn Umayya went to Madina and slept in the mosque with his cloak as a pillow. A thief came and took his cloak and Safwan grabbed hold of the thief and brought him to the Messenger of Allah, may Allah bless him and grant him peace. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Did you steal this cloak?" He said, "Yes." So the Messenger of Allah, may Allah bless him and grant him peace, ordered that his hand be cut off. Safwan said to him, "I did not intend this. It is his as sadaqa." The Messenger of Allah, may Allah bless him and grant him peace, said, "Why didn't you do it before bringing him to me?"