I asked Abu Wail, "Did you take part in the battle of Siffin?" He said, 'Yes, and I heard Sahl bin Hunaif (when he was blamed for lack of zeal for fighting) saying, "You'd better blame your wrong opinions. I wish you had seen me on the day of Abu Jandal. If I had the courage to disobey the Prophet's orders, I would have done so. We had kept out swords on our necks and shoulders, for a thing which frightened us. And we did so, we found it easier for us, except in the case of the above battle (of ours).' "

The Prophet burnt the date-palm trees of Bani An-Nadir. Hassan bin Thabit said the following poetic Verses about this event:-- "the terrible burning of Al-Buwaira Has been received indifferently By the nobles of Bani Luai (The masters and nobles of Quraish)." Abu Sufyan bin Al-Harith (i.e. the Prophet's cousin who was still a disbeliever then) replied to Hassan, saying in poetic verses:-- "May Allah bless that burning And set all its (i.e. Medina's) Parts on burning fire. You will see who is far from it (i.e. Al-Buwaira) And which of our lands will be Harmed by it (i.e. the burning of Al- Buwaira).

A man of the Ansar came to the Prophet (saws) and begged from him.

He (the Prophet) asked: Have you nothing in your house? He replied: Yes, a piece of cloth, a part of which we wear and a part of which we spread (on the ground), and a wooden bowl from which we drink water.

He said: Bring them to me. He then brought these articles to him and he (the Prophet) took them in his hands and asked: Who will buy these? A man said: I shall buy them for one dirham. He said twice or thrice: Who will offer more than one dirham? A man said: I shall buy them for two dirhams.

He gave these to him and took the two dirhams and, giving them to the Ansari, he said: Buy food with one of them and hand it to your family, and buy an axe and bring it to me. He then brought it to him. The Messenger of Allah (saws) fixed a handle on it with his own hands and said: Go, gather firewood and sell it, and do not let me see you for a fortnight. The man went away and gathered firewood and sold it. When he had earned ten dirhams, he came to him and bought a garment with some of them and food with the others.

The Messenger of Allah (saws) then said: This is better for you than that begging should come as a spot on your face on the Day of Judgment. Begging is right only for three people: one who is in grinding poverty, one who is seriously in debt, or one who is responsible for compensation and finds it difficult to pay.

Malik related to me from Yahya ibn Said that Abu'd-Darda wrote to Salman al-Farsi, "Come immediately to the holy land." Salman wrote back to him, "Land does not make anyone holy. Man's deeds make him holy. I have heard that you were put up as a doctor to treat and cure people. If you are innocent, then may you have delight! If you are a quack, then beware lest you kill a man and enter the Fire!" When Abu'd-Darda judged between two men, and they turned from him to go, he would look at them and say, "Come back to me, and tell me your story again. A quack! By Allah!"

Yahya said that he heard Malik say, "If someone makes use of a slave, without permission of its master, in anything important to him, whose like has a fee, he is liable for what befalls the slave if anything befalls him. If the slave is safe and his master asks for his wage for what he has done, that is the master's right. This is what is done in our community."

Yahya said that he heard Malik say about a slave who is part free and part enslaved, "His property is suspended in his hand and he cannot begin anything with it. He eats from it and clothes himself in an approved fashion. If he dies, his property belongs to the one to whom he is in slavery."

Yahya said that he heard Malik say, "The way of doing things in our community is that a parent can take his child to account for what he spends on him from the day the child has property, cash or goods, if the parent wants that."

(On `Id) We used to forbid our virgins to go out (for `Id prayer). A lady came and stayed at the fortress of Bani Khalaf. She mentioned that her sister was married to one of the companions of Allah's Apostle who participated in twelve Ghazawats along with Allah's Apostle and her sister was with him in six of them. She said, "We used to dress the wounded and look after the patients." She (her sister) asked Allah's Apostle , "Is there any harm for a woman to stay at home if she doesn't have a veil?" He said, "She should cover herself with the veil of her companion and she should take part in the good deeds and in the religious gatherings of the believers." When Um 'Atiyya came, I asked her. "Did you hear anything about that?" Um 'Atiyya said, "Bi Abi" and she never mentioned the name of Allah's Apostle without saying "Bi Abi" (i.e. 'Let my father be sacrificed for you'). We asked her, "Have you heard Allah's Apostle saying so and so (about women)?" She replied in the affirmative and said, "Let my father be sacrificed for him. He told us that unmarried mature virgins who stay often screened or unmarried young virgins and mature girls who stay often screened should come out and take part in the good deeds and in the religious gatherings of the believers. But the menstruating women should keep away from the Musalla (praying place)." I asked her, "The menstruating women?" She replied, "Don't they present themselves at `Arafat and at such and such places?"

When the Messenger of Allah (saws) gained booty he ordered Bilal to make a public announcement. He made a public announcement, and when the people brought their booty, he would take a fifth and divide it. Thereafter a man brought a halter of hair and said: Messenger of Allah, this is a part of the booty we got. He asked: Have you heard Bilal making announcement three times? He replied: Yes. He asked: What did prevent you from bringing it? He made some excuse, to which he said: Be (as you are), you may bring it on the Day of Judgment, for I shall not accept it from you.

Malik related to me, "Ibn Shihab did not think and nor do I, that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body, but I think that there is ijtihad in the case. The imam uses ijtihad in it, and there is no generally agreed on way of doing things in our community about it."

Malik said, "What is done in our community about the wound to the brain and the wound which splinters the bone, and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it."

Malik said, "I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones, and except for them the head is one bone."

Once I stayed overnight at the house of (my aunt ) Maimuna while the Prophet was with her, to see how was the night prayer of Allah s Apostle Allah's Apostle talked to his wife for a while and then slept. When it was the last third of the night (or part of it), the Prophet got up and looked towards the sky and recited the Verse:-- 'Verily! In the creation of the Heavens and the Earth....there are indeed signs for the men of understanding.' (3.190) Then He got up and performed the ablution, brushed his teeth and offered eleven rak`at. Then Bilal pronounced the Adhan whereupon the Prophet offered a two-rak`at (Sunna) prayer and went out to lead the people in Fajr (morning compulsory congregational prayer.

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

"I heard Uthman while on the Minbar saying: 'I did not inform you about a Hadith I had heard from the Messenger of Allah (saws), out of dismay that you might part from me. Then it occurred to me that I should narrate to you so that one may choose from these matters accordingly. I heard the Messenger of Allah (saws) saying: "(Ribat) Guarding the frontier for a day in Allah's cause is beter in status than thousand days doing other than that.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib.

Muhammad bin Ism'ail said: "Abu Salih, the freed slave of 'Uthman's name is Burkan."

Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "I am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other, so I give judgement according to what I have heard from him. Whatever I decide for him which is part of the right of his brother, he must not take any of it, for I am granting him a portion of the Fire."

Regarding the Verse:--"They ask your instruction concerning the women. Say: Allah instructs you about them and yet whom you desire to marry." (4.127) (has been revealed regarding the case of) a man who has an orphan girl, and he is her guardian and her heir. The girl shares with him all his property, even a date-palm (garden), but he dislikes to marry her and dislikes to give her in marriage to somebody else who would share with him the property she is sharing with him, and for this reason that guardian prevents that orphan girl from marrying. So, this Verse was revealed: (And Allah's statement:) "If a woman fears cruelty or desertion on her husband's part." (4.128)

I placed water for the bath of the Prophet and screened him with a garment. He poured water over his hands and washed them. After that he poured water with his right hand over his left and washed his private parts, rubbed his hands with earth and washed them, rinsed his mouth, washed his nose by putting water in it and then blowing it out and then washed his face and forearms. He poured water over his head and body. He then shifted from that place and washed his feet. I gave him a piece of cloth but he did not take it and came out removing the water (from his body) with both his hands.

Ja’far bin Muhammad reported on the authority of his father The Prophet (saws) prayed the noon and the afternoon prayers with one adhan and two iqamahs at ‘Arafah and he did not offer supererogatory prayers between them. He prayed the sunset and night prayers at Al Muzdalifah with one adhan and two iqamahs and he did not offer supererogatory prayers between them.

Abu Dawud said This tradition has been narrated by Hatim bin Isma’il as a part of the lengthy tradition. Muhammad bin ‘Ali Al Ju’fi narrated it from Ja’far from his father on the authority of Jabir, like the tradition transmitted by Hatim bin Isma’il. But this version has He offered the sunset and night prayers with one adhan and one iqamah.

`Urwa bin Az-Zubair said that he asked `Aisha about the meaning of the Qur'anic Verse:-- "And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (4.2-3) Aisha said, "It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah's Apostle about it. So Allah revealed the following Verse:-- "They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

That he differed with Al-Hur bin Qais Al-Fazari regarding the companion of Moses. Ibn `Abbas said that he was Al-Khadir. Meanwhile Ubai bin Ka`b passed by them and Ibn `Abbas called him saying, "My friend and I have differed regarding Moses' companion whom Moses asked the way to meet. Have you heard Allah's Apostle mentioning something about him?" He said, "Yes, I heard Allah's Apostle saying, 'While Moses was sitting in the company of some Israelites, a man came and asked (him), 'Do you know anyone who is more learned than you?' Moses replied, 'No.' So, Allah sent the Divine Inspiration to Moses: 'Yes, Our slave, Khadir (is more learned than you).' Moses asked how to meet him (i.e. Khadir). So, the fish, was made, as a sign for him, and he was told that when the fish was lost, he should return and there he would meet him. So, Moses went on looking for the sign of the fish in the sea. The servant boy of Moses said to him, 'Do you know that when we were sitting by the side of the rock, I forgot the fish, and t was only Satan who made me forget to tell (you) about it.' Moses said, That was what we were seeking after,' and both of them returned, following their footmarks and found Khadir; and what happened further to them, is mentioned in Allah's Book."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (saws). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (saws) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (saws) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (saws) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.

`Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Al-Qama bin Waqqas and 'Ubaidullah bin `Abdullah related the narration of `Aisha, the wife the Prophet, when the slanderers had said about her what they had said and Allah later declared her innocence. Each of them related a part of the narration (wherein) the Prophet said (to `Aisha). "If you are innocent, then Allah will declare your innocence: but if you have committed a sin, then ask for Allah's Forgiveness and repent to him." `Aisha said, "By Allah, I find no example for my case except that of Joseph's father (when he said), 'So (for me) patience is most fitting.' " Then Allah revealed the ten Verses:-- "Verily those who spread the slander are a gang amongst you.." (24.11)

Allah's Apostle forbade two ways of wearing clothes and two kinds of dealings. (A) He forbade the dealings of the Mulamasa and the Munabadha. In the Mulamasa transaction the buyer just touches the garment he wants to buy at night or by daytime, and that touch would oblige him to buy it. In the Munabadha, one man throws his garment at another and the latter throws his at the former and the barter is complete and valid without examining the two objects or being satisfied with them (B) The two ways of wearing clothes were Ishtimal-as-Samma, i e., to cover one's shoulder with one's garment and leave the other bare: and the other way was to wrap oneself with a garment while one was sitting in such a way that nothing of that garment would cover one's private part.

Yahya related to me from Malik from Nafi from Sulayman ibn Yasarfrom Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that a certain woman in the time of the Messenger of Allah, may Allah bless him and grant him peace, used to bleed profusely, so Umm Salama consulted the Messenger of Allah, may Allah bless him and grant him peace, for her, and he said, "She should calculate the number of nights and days a month that she used to menstruate before it started happening, and she should leave off from prayerfor that much of the month. When she has completed that she should do ghusl, bind her private parts with a cloth, and then pray."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, from Malik ibn Abi Amir that Uthman ibn Affan used to say in khutbas, and he would seldom omit it if he was giving the khutba, "When the imam stands delivering the khutba on the day of jumua, listen and pay attention, for there is the same portion for someone who pays attention but cannot hear as for someone who pays attention and hears. And when the iqama of the prayer is called, straighten your rows and make your shoulders adjacent to each other, because the straightening of the rows is part of the completion of the prayer." Then he would not say the takbir until some men who had been entrusted with straightening the rows came and told him that they were straight. Then he would say the takbir.

Yahya related to me from Malik from al-Miswar ibn Rifaa al- Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibn Simwal divorced his wife, Tamima bint Wahb, in the time of the Messenger of Allah, may Allah bless him and grant him peace, three times. Then she married Abd ar-Rahman ibn az-Zubayr and he turned from her and could not consummate the marriage and so he parted from her. Rifaa wanted to marry her again and it was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he forbade him to marry her. He said, "She is not halal for you until she has tasted the sweetness of intercourse."

I asked Az-Zuhri, "Did the Prophet ever offer the Fear Prayer?" Az-Zuhri said, "I was told by Salim that `Abdullah bin `Umar I had said, 'I took part in a holy battle with Allah's Apostle I in Najd. We faced the enemy and arranged ourselves in rows. Then Allah's Apostle (p.b.u.h) stood up to lead the prayer and one party stood to pray with him while the other faced the enemy. Allah's Apostle (p.b.u.h) and the former party bowed and performed two prostrations. Then that party left and took the place of those who had not prayed. Allah's Apostle prayed one rak`a (with the latter) and performed two prostrations and finished his prayer with Taslim. Then everyone of them bowed once and performed two prostrations individually.' "

AbdurRahman ibn Hasanah reported: I and Amr ibn al-'As went to the Prophet (saws). He came out with a leather shield (in his hand). He covered himself with it and urinated. Then we said: Look at him. He is urinating as a woman does. The Prophet (saws), heard this and said: Do you not know what befell a person from amongst Banu Isra'il (the children of Israel)? When urine fell on them, they would cut off the place where the urine fell; but he (that person) forbade them (to do so), and was punished in his grave.

Abu Dawud said: One version of Abu Musa has the wording: "he cut off his skin".

Another version of Abu Musa goes: "he cut off (part of) his body."

I intended to buy Barirah but her masters stipulated that her Wala should be for them. When the Prophet was told about it, he said to me, "Buy and manumit her, as the Wala' is for the liberator." Once Barirah was given some meat, and the Prophet asked, "What is this?" I said, "It has been given to Barirah in charity." He said, "It is sadaqa for her but a gift for us." Barirah was given the option (to stay with her husband or to part with him). `Abdur-Rahman (a sub-narrator) wondered, "Was her husband a slave or a free man?" Shu`ba (another sub-narrator) said, "I asked `Abdur-Rahman whether her husband was a slave or a free man. He replied that he did not know whether he was a slave or a free man."

While the Prophet was prostrating, surrounded by some of Quraish, `Uqba bin Abi Mu'ait brought the intestines (i.e. Abdominal contents) of a camel and put them over the back of the Prophet. The Prophet did not raise his head, (till) Fatima, came and took it off his back and cursed the one who had done the harm. The Prophet said, "O Allah! Destroy the chiefs of Quraish, Abu Jahl bin Hisham, `Utba bin Rabi`al, Shaba bin Rabi`a, Umaiya bin Khalaf or Ubai bin Khalaf." (The sub-narrator Shu`ba, is not sure of the last name.) I saw these people killed on the day of Badr battle and thrown in the well except Umaiya or Ubai whose body parts were mutilated but he was not thrown in the well.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."

Safwan ibn Umayyah sent him with some milk, a young gazelle and some small cucumbers to the Messenger of Allah (saws) when he was in the upper part of Mecca. I entered but I did not give a salutation. He said: Go back and say: "Peace be upon you"! This happened after Safwan ibn Umayyah and embraced Islam. Amr said: Ibn Safwan told me all this on the authority of Kaladah ibn Hanbal, and he did not say: I heard it from him.

Abu Dawud said: Yahya b. Habib said: Umayyah b. Safwan. He did not say: I heard from Kaladah b. Hanbal. Yahya also said: 'Amr b. 'Abd Allah b. Safwan told him that Kaladah b. al-Hanbal told him.

`Aisha, (complaining of headache) said, "Oh, my head"! Allah's Apostle said, "I wish that had happened while I was still living, for then I would ask Allah's Forgiveness for you and invoke Allah for you." Aisha said, "Wa thuklayah! By Allah, I think you want me to die; and If this should happen, you would spend the last part of the day sleeping with one of your wives!" The Prophet said, "Nay, I should say, 'Oh my head!' I felt like sending for Abu Bakr and his son, and appoint him as my successor lest some people claimed something or some others wished something, but then I said (to myself), 'Allah would not allow it to be otherwise, and the Muslims would prevent it to be otherwise".

27 Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, if he was travelling in Ramadan and knew that he would reach Madina at the begining of the day ,would do so fasting.

Yahya said that Malik said, "Someone who is travelling and knows that he will be reaching his people in the first part of the day, and then dawn breaks before he gets there, should be fasting when he gets there."

Malik said, "Someone who intends to go away (on a journey) in Ramadan, and then dawn breaks while he is still on his land before he has left, should fast that day."

Malik said that a man who returns from a journey in Ramadan and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.

I placed water for the bath of Allah's Apostle and put a screen. He poured water over his hands, and washed them once or twice. (The sub-narrator added that he did not remember if she had said thrice or not). Then he poured water with his right hand over his left one and washed his private parts. He rubbed his hand over the earth or the wall and washed it. He rinsed his mouth and washed his nose by putting water in it and blowing it out. He washed his face, forearms and head. He poured water over his body and then withdrew from that place and washed his feet. I presented him a piece of cloth (towel) and he pointed with his hand (that he does not want it) and did not take it.