Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

I had a she-camel which I got in my share from the booty of the battle of Badr, and the Prophet had given me another she camel from the Khumus which Allah had bestowed on him that day. And when I intended to celebrate my marriage to Fatima, the daughter of the Prophet, I made an arrangement with a goldsmith from Bani Qainuqa 'that he should go with me to bring Idhkhir (i.e. a kind of grass used by gold-smiths) which I intended to sell to gold-smiths in order to spend its price on the marriage banquet. While I was collecting ropes and sacks of pack saddles for my two she-camels which were kneeling down beside an Ansari's dwelling and after collecting what I needed, I suddenly found that the humps of the two she-camels had been cut off and their flanks had been cut open and portions of their livers had been taken out. On seeing that, I could not help weeping. I asked, "Who has done that?" They (i.e. the people) said, "Hamza bin `Abdul Muttalib has done it. He is present in this house with some Ansari drinkers, a girl singer, and his friends. The singer said in her song, "O Hamza, get at the fat she-camels!" On hearing this, Hamza rushed to his sword and cut of the camels' humps and cut their flanks open and took out portions from their livers." Then I came to the Prophet, with whom Zaid bin Haritha was present. The Prophet noticed my state and asked, "What is the matter?" I said, "O Allah's Apostle, I have never experienced such a day as today! Hamza attacked my two she-camels, cut off their humps and cut their flanks open, and he is still present in a house along some drinkers." The Prophet asked for his cloak, put it on, and proceeded, followed by Zaid bin Haritha and myself, till he reached the house where Hamza was. He asked the permission to enter, and he was permitted. The Prophet started blaming Hamza for what he had done. Hamza was drunk and his eyes were red. He looked at the Prophet then raised his eyes to look at his knees and raised his eves more to look at his face and then said, "You are not but my father's slaves." When the Prophet understood that Hamza was drunk, he retreated, walking backwards went out and we left with him.

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 Messenger of Allah (saws) sent a detachment to Najd. I went out along with them, and got abundant riches. Our commander gave each of us a camel as a reward. We then came upon the Messenger of Allah (saws) and he divided the spoils of war among us. Each of us received twelve camels after taking a fifth of it. The Messenger of Allah (saws) did not take account of our companion (i.e. the commander of the army), nor did he blame him for what he had done. Thus each man of us had received thirteen camels with the reward he gave.

Ibn `Umar said, "The Prophet arrived at Mecca and sent for `Uthman bin Talha. He opened the gate of the Ka`ba and the Prophet, Bilal, Usama bin Zaid and `Uthman bin Talha entered the Ka`ba and then they closed its door (from inside). They stayed there for an hour, and then came out." Ibn `Umar added, "I quickly went to Bilal and asked him (whether the Prophet had prayed). Bilal replied, 'He prayed in it.' I asked, 'Where?' He replied, 'Between the two pillars.' "Ibn `Umar added, "I forgot to ask how many rak`at he (the Prophet) had prayed in the Ka`ba."

Abu Maryam said: The man with the crippled hand was called Nafi` Dhu al-Thadyah (Nafi`, man of nipple). He had in his hand something like a female breast with a nipple at it ends like the nipple of the female breast. If had some hair on it like the whiskers of cat.

Abu Dawud said: He was known among the people by the name of Harqus.

Yahya related to me from Malik from Nafi that she saw Safiyya bint Abi Ubayd, the wife of Abdullah ibn 'Umar, take off her head- covering and wipe her head with water. Nafi was a child at the time.

Malik was asked about a man who did wudu but forgot to wipe his head until the water had dried. He said, "I consider that he should wipe his head and then repeat the prayer if he has already performed it."

Malik was asked about a man who did wudu but forgot to wipe his head until the water had dried. He said, "I consider that he should wipe his head and then repeat the prayer if he has already performed it."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Ibrahim that Abd ar-Rahman ibn Abi Amra al-Ansari said that Uthman ibn Affan came to the isha prayer and seeing only a few people in the mosque, he lay down at the back of the mosque to wait for the number of people to increase. Ibn Abi Amra went and sat down beside him and Uthman asked him who he was, so he told him. Uthman said, "What have you memorised of the Qur'an?", and he told him. Uthman said, "If someone is present at isha, it is as if he had stood in prayer for half a night, and if some one is present at subh, it is as if he had stood in prayer for a whole night.

I heard Anas bin Malik describing the Prophet saying, "He was of medium height amongst the people, neither tall nor short; he had a rosy color, neither absolutely white nor deep brown; his hair was neither completely curly nor quite lank. Divine Inspiration was revealed to him when he was forty years old. He stayed ten years in Mecca receiving the Divine Inspiration, and stayed in Medina for ten more years. When he expired, he had scarcely twenty white hairs in his head and beard." Rabi`a said, "I saw some of his hairs and it was red. When I asked about that, I was told that it turned red because of scent. "

During the days (of the battle) of Al-Jamal, Allah benefited me with a word I had heard from Allah's Apostle after I had been about to join the Companions of Al-Jamal (i.e. the camel) and fight along with them. When Allah's Apostle was informed that the Persians had crowned the daughter of Khosrau as their ruler, he said, "Such people as ruled by a lady will never be successful."

Yahya related to me from Malik that he had heard that Jabir ibn Abdullah used to pray in one garment.

Some of the sons of `Abdullah told him (i.e. `Abdullah) if he had stayed (and not performed Hajj that year).

Jabir mentioned that he had participated in a Ghazwa towards Najd in the company of Allah's Apostle .

Yahya related to me from Malik from Nafi and Zayd ibn Aslam from Sulayman ibn Yasar that al-Ahwas died in Syria when his wife had begun her third menstrual period after he had divorced her. Muawiya ibn Abi Sufyan wrote and asked Zayd ibn Thabit about that. Zayd wrote to him, "When she began her third period, she was free from him and he was free from her, and he does not inherit from her nor she from him."

Yahya related to me from Malik that he had heard that one of the administrators of Umar ibn Abd al-'Aziz wrote to him mentioning that a man had refused to pay zakat on his property. Umar wrote to the administrator and told him to leave the man alone and not to take any zakat from him when he took it from the other muslims. The man heard about this and the situation became unbearable for him, and after that he paid the zakat on his property. The administrator wrote to Umar and mentioned that to him, and Umar wrote back telling him to take the zakat from him.

I know (about) the Hijab (the order of veiling of women) more than anybody else. Ubai bin Ka`b used to ask me about it. Allah's Apostle became the bridegroom of Zainab bint Jahsh whom he married at Medina. After the sun had risen high in the sky, the Prophet invited the people to a meal. Allah's Apostle remained sitting and some people remained sitting with him after the other guests had left. Then Allah's Apostle got up and went away, and I too, followed him till he reached the door of `Aisha's room. Then he thought that the people must have left the place by then, so he returned and I also returned with him. Behold, the people were still sitting at their places. So he went back again for the second time, and I went along with him too. When we reached the door of `Aisha's room, he returned and I also returned with him to see that the people had left. Thereupon the Prophet hung a curtain between me and him and the Verse regarding the order for (veiling of women) Hijab was revealed.

Yahya related to me from Malik from Ibn Shihab from Abd al-Hamid ibn Abd ar-Rahman ibn Zayd ibn al-Khattab from Abdullah ibn Abdullah ibn al-Harith ibn Nawfal from Abdullah ibn Abbas that Umar ibn al- Khattab set out for ash Sham and when he was at Sargh, near Tabuk, the commanders of the army, Abu Ubayda ibn al-Jarrah and his companions, met him and told him that the plague had broken out in ash-Sham. Ibn Abbas said, "Umar ibn al-Khattab said, 'all the first Muhajir unto me.' He assembled them and asked them for advice, informing them that the plague had broken out in ash Sham. They disagreed. Some said, 'You have set out for something, and we do not think that you should leave it.' Others said, 'You have the companions of the Prophet, may Allah bless him and grant him peace, and the rest of the people with you, and we do not think that you should send them towards this plague.' Umar said, 'Leave me.'

Then he said, 'Summon the Ansar to me.' They were summoned and he asked them for advice. They acted as the Muhajirun had and disagreed as they had disagreed. He said, 'Leave me.' "Then he said, 'Summon to me whoever is here of the aged men of Quraysh from the Muhajirun of the conquest.' He summoned them and not one of them differed. They said, 'We think that you should withdraw the people and not send them towards the plague.' Umar called out to the people, 'I am leaving by camel in the morning,' so they set out. Abu Ubayda said, 'Is it flight from the decree of Allah?' Umar said, 'Better that someone other than you had said it, Abu Ubayda. Yes. We flee from the decree of Allah to the decree of Allah. What would you think if these camels had gone down into a valley which had two slopes, one of them fertile, and the other barren. If you pastured in the fertile part, wouldn't you pasture them by the decree of Allah? If you pastured them in the barren part, wouldn't you pasture them by the decree of Allah?'

''Abd ar-Rahman ibn Awf arrived and he had been off doing something and he said, 'I have some knowledge of this. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, "If you hear about it in a land, do not go forward to it. If it comes upon a land and you are in it, then do not depart in flight from it." ' Umar praised Allah and then set off."

Malik related to me that he had heard that when Umar ibn Abd al- Aziz left Madina, he turned towards it and wept. Then he said, "O Muzahim! Do you fear that we might be among those that Madina casts off?"

as above (No. 290) adding: The Prophet was reclining (leaning) and then he sat up saying, "And I warn you against giving a false statement." And he kept on saying that warning so much so that we said, "Would that he had stopped."

The King Dhu Yazan presented to the apostle of Allah (saws) a suit of clothes which he had purchased for thirty-three camels or thirty-three she-camels. He accepted it.

Muhammad b. 'Abbas b. Ja'far reported that he asked Jabir b. Abdullah (Allah be pleased with them), whether he had heard like this from the Apostle of Allah (may peace be upon him).

The Prophet heard a man reciting (the Qur'an) in the mosque. He said," May Allah bestow His Mercy on him, as he made me remember such and-such Verse which I had missed in such-and-such Sura."

Yahya related to me from Malik that he had asked Ibn Shihab about the ila of the slave. He said that it was like the ila of the free man, and it put an obligation on him. The ila of the slave was two months.

I saw the Messenger (saws) perform ablution. He had a Qutri turban. He inserted his hand beneath the turban and wiped over the forelock, and did not untie the turban.

AbuBarzah said: I was with AbuBakr. He became angry at a man and uttered hot words. I said: Do you permit me, Caliph of the Messenger of Allah (saws), that I cut off his neck? These words of mine removed his anger; he stood and went in. He then sent for me and said: What did you say just now? I said: (I had said:) Permit me that I cut off his neck. He said: Would you do it if I ordered you? I said: Yes. He said: No, I swear by Allah, this is not allowed for any man after Muhammad (saws).

Abu Dawud said: This is Yazid's version. Ahmad bin Hanbal said: That is, Abu Bakr has no powers to slay a man except for three reasons which the Messenger of Allah (saws) had mentioned: disbelief after belief, fornication after marriage, or killing a man without (murdering) any man by him. The Prophet (saws) had powers to kill.

About the story of Haml ibn Malik, Ibn Abbas said: She aborted a child who had grown hair and was dead, and the woman also died. He (the Prophet) gave judgment that the blood-wit was to be paid by the woman's relatives on the father's side. Her uncle said: Messenger of Allah! She has aborted a child who had grown hair. The father of the woman who had slain said: He is a liar: I swear by Allah, he did not raise his voice, or drink or eat. No compensation is to be paid for an offence like this. The Prophet (saws) said: is it a rhymed prose of pre-Islamic Arabia and its soothsaying? Pay a male or female slave of the best quality in compensation for the child.

Ibn 'Abbas said: The name of one of them was Mulaikah, and the name of the other was Umm Ghutaif.

Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

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

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

Malik related to me from Abdullah ibn Abi Bakr that Abu Talha al- Ansari was praying in his garden when a wild pigeon flew in and began to fly to and fro trying to find a way out. The sight was pleasing to him and he let his eyes follow the bird for a time and then he went back to his prayer but could not remember how much he had prayed. He said, "A trial has befallen me in this property of mine." So he came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned the trial that had happened to him in his garden and said, "Messenger of Allah, it is a sadaqa for Allah, so dispose of it wherever you wish."

Al-Mughira bin Shu`ba, said, "The Prophet went out to answer the call of nature and (when he had finished) I got up to pour water for him." I think that he said that the event had taken place during the Ghazwa of Tabuk. Al-Mughira added. "The Prophet washed his face, and when he wanted to wash his forearms, the sleeves of his cloak became tight over them, so he took them out from underneath the cloak and then he washed them (i.e. his forearms) and passed wet hands over his Khuffs (socks made from thick fabric or leather)."

Yahya related to me from Malik, from Da'ud ibn al-Husayn, that Abu Ghatafan ibn Tarif al-Murri told him that his father Tarif had married a woman while he was in ihram, and Umar ibn al-Khattab had rescinded the marriage.

Yahya related to me from Malik from Yahya ibn Said that Umar ibn al-Khattab refused to let one man who had not taken leave of the House pass adh-Dhahran, (a valley eighteen miles from Makka) until he had taken leave of it.