Hudhaifa said, 'In fact, it was hypocrisy that existed in the lifetime of the Prophet but today it is Kufr (disbelief) after belief.'

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismail used to mention in their khutbas built-in liability agreements in the sale of slaves, to cover both a three day period and a similar clause covering a year. Malik explained, "The defects a lave or slave-girl are found to have from the time they are bought until the end of the three days are the responsibility of the seller. The year agreement is to cover insanity, leprosy, and loss of limbs due to disease. After a year, the seller is free from any liability."

Malik said,"An inheritor or someone else who sells a slave or slave-girl without any such built-in guarantee is not responsible for any fault in the slave and there is no liability agreement held against him unless he was aware of a fault and concealed it. If he was aware of a fault, the lack of guarantee does not protect him. The purchase is returned. In our view, built-in liability agreements only apply to the purchase of slaves."

When Hani went with his people in a deputation to the Messenger of Allah (saws), he heard them calling him by his kunyah (surname), AbulHakam.

So the Messenger of Allah (saws) called him and said: Allah is the judge (al-Hakam), and to Him judgment belongs. Why are you given the kunyah AbulHakam?

He replied: When my people disagree about a matter, they come to me, and I decide between them, and both parties are satisfied with my decision.

He said: How good this is! What children have you? He replied: I have Shurayh, Muslim and Abdullah. He asked; Who is the oldest of them? I replied: Shurayh. He said: Then you are AbuShurayh.

Abu Dawud said: This is Shuraib who broke the chain, and who entered Tustar.

Abu Dawud said: I have been told that Shuraib broke the gate of Tustar, and he entered it through tunnel.

I heard the Messenger of Allah (saws) say: Allah, Most High, will cause three persons to enter Paradise for one arrow: the maker when he has a good motive in making it, the one who shoots it, and the one who hands it; so shoot and ride, but your shooting is dearer to me than your riding. Everything with which a man amuses himself is vain except three (things): a man's training of his horse, his playing with his wife, and his shooting with his bow and arrow. If anyone abandons archery after becoming an adept through distaste for it, it is a blessing he has abandoned; or he said: for which he has been ungrateful.

The Prophet said, "Do not deny your fathers (i.e. claim to be the sons of persons other than your fathers), and whoever denies his father, is charged with disbelief."

Yahya related to me from Malik thatYahya ibn Said used to say, "Even if someone manages to pray before the time of the prayer has passed, the time that has passed him by is more important, or better, than his family and wealth."

Yahya said that Malik said, "If the time for a prayer comes and a traveller delays a prayer through neglect or forgetfulness until he reaches his family, he should do that prayer in full if he arrives within the time. But if he arrives when the time has past, he should do the travelling prayer. That way he only repays what he owes."

Malik said, "This is what I have found the people and men of knowledge doing in our community." Malik explained that shafaq was the redness in the sky after the sun had set, and said, "When the redness has gone then the isha prayer is due and you have left the time of maghrib."

The Messenger of Allah (saws) would not say funeral prayer over a person who died while the debt was due from him. A dead Muslim was brought to him and he asked: Is there any debt due from him? They (the people) said: Yes, two dirhams. He said: Pray yourselves over your companion.

Then AbuQatadah al-Ansari said: I shall pay them, Messenger of Allah. The Messenger of Allah (saws) then prayed over him.

When Allah granted conquests to the Messenger of Allah (saws), he said: I am nearer to every believer than himself, so if anyone (dies and) leaves a debt, I shall be responsible for paying it; and if anyone leaves property, it goes to his heirs.

The Prophet (p.b.u.h) said, "The first thing that we should do on this day of ours is to pray and then return to slaughter the sacrifice. So anyone who does so, he acted according to our Sunna (tradition), and whoever slaughtered the sacrifice before the prayer, it was just meat which he presented to his family and would not be considered as Nusuk." A person from the Ansar named Abu Burda bin Niyyar said, "O Allah's Apostle! I slaughtered the Nusuk (before the prayer) but I have a young shegoat which is better than an older sheep." The Prophet I said, "Sacrifice it in lieu of the first, but it will be not sufficient (as a sacrifice) for anybody else after you."

Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a dhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman.

Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing dhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5).

Malik said that a man who pronounced dhihar from his wife on various occasions had only to do one kaffara. If he pronounced dhihar, and then did kaffara, and then pronounced dhihar after he had done the kaffara, he had to do kaffara again.

Malik said, "Some one who pronounces dhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. "

Malik said, "It is the same with dhihar using any prohibited relations of fosterage and ancestry."

Malik said, "Women have no dhihar."

Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the dhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced dhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his dhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him.

Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing dhihar."

Malik said that if a man who pronounced dhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the dhihar before he could sleep with her.

Malik said, "There is no ila in a man's dhihar unless it is evident that he does not intend to retract his dhihar."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Allah has completed the hajj of anyone who does the tawaf al-ifada. It is fitting that tawaf of the House be the last of his contract, as long as nothing prevents him, and if something prevents him, or an obstacle arises, then Allah has completed his hajj."

Malik said, "I do not think that a man who does not know that the last of his contract is tawaf of the House until he has left owes anything, unless he is nearby and can return, do tawaf, and then leave having done the tawaf al-ifada."

Qurayzah and Nadir (were two Jewish tribes). An-Nadir were nobler than Qurayzah. When a man of Qurayzah killed a man of an-Nadir, he would be killed. But if a man of an-Nadir killed a man of Qurayzah, a hundred wasq of dates would be paid as blood-money. When Prophethood was bestowed upon the Prophet (saws), a man of an-Nadir killed a man of Qurayzah.

They said: Give him to us, we shall kill him. They replied: We have the Prophet (saws) between you and us. So they came to him.

Thereupon the following verse was revealed: "If thou judge, judge in equity between them." "In equity" means life for a life.

The following verse was then revealed: "Do they seek of a judgment of (the days) ignorance?"

Abu Dawud said: Quraizah and al-Nadir were the descendants of Harun the Prophet (peace be upon him)

The Prophet went towards Al-Baqi (the graveyard at Medina) on the day of Id-ul-Adha and offered a two-rak`at prayer (of `Id-ul-Adha) and then faced us and said, "On this day of ours, our first act of worship is the offering of prayer and then we will return and slaughter the sacrifice, and whoever does this concords with our Sunna; and whoever slaughtered his sacrifice before that (i.e. before the prayer) then that was a thing which he prepared earlier for his family and it would not be considered as a Nusuk (sacrifice.)" A man stood up and said, "O, Allah's Apostle! I slaughtered (the animal before the prayer) but I have a young she-goat which is better than an older sheep." The Prophet (p.b.u.h) said to him, "Slaughter it. But a similar sacrifice will not be sufficient for anybody else after you."

Another chain reports a similar hadith.

A dead man in debt used to be brought to Allah's Apostle who would ask, "Has he left anything to re pay his debts?" If he was informed that he had left something to cover his debts the Prophet would offer the funeral prayer for him; otherwise he would say to the Muslims present there), "Offer the funeral prayer for your friend:"but when Allah helped the Prophet to gain victory (on his expeditions), he said, "I am closer to the Believers than themselves, so. if one of the Believers dies in debt, I will repay it, but if he leaves wealth, it will be for his heirs.

This hadith is narrated on the authority of Hisham with the same chain of transmitters, but he made no mention in the first part of the hadith that the Messenger of Allah (may peace be upon him) used to observe fast, and said about the second part that he abandoned the (fast) of Ashura, and he who wished observed the fast and who wished otherwise abandoned it, and he did not hold it as the words of the Apostle of Allah (may peace be upon him) as mentioned in the narration transmitted by Jarir.

Allah's Apostle said, "I am more closer to the believers than their ownselves, so whoever (among them) dies leaving some inheritance, his inheritance will be given to his 'Asaba, and whoever dies leaving a debt or dependants or destitute children, then I am their supporter."

Whenever a dead man in debt was brought to Allah's Apostle he would ask, "Has he left anything to repay his debt?" If he was informed that he had left something to repay his debts, he would offer his funeral prayer, otherwise he would tell the Muslims to offer their friend's funeral prayer. When Allah made the Prophet wealthy through conquests, he said, "I am more rightful than other believers to be the guardian of the believers, so if a Muslim dies while in debt, I am responsible for the repayment of his debt, and whoever leaves wealth (after his death) it will belong to his heirs. "

The Prophet (saws) said: I am nearer to every believer than himself, so if anyone leaves a debt or a helpless family, I shall be responsible, but if anyone leaves property, it goes to his heirs. I am patron of him who has none, inheriting his property and freeing him from his liabilities. A maternal uncle is patron of him who has none, inheriting his property and freeing him from his liabilities.

Abu Dawud said: da'iah means dependants or helpless family.

Abu Dawud said: This tradition has been transmitted by al-Zubaidi from Rashid b. Sa'd from Ibn 'A'idh on the authority of al-Miqdam. It has also been transmitted by Mu'awiyah b. Salih from Rashid who said: I heard al-Miqdam (say).

The Messenger of Allah (saws) said: If anyone who is sexual defiled leaves a spot equal to the breadth of a hair without washing, such and such an amount of Hell-fire will have to be suffered for it. Ali said: On that account I treated my head (hair) as an enemy, meaning I cut my hair. He used to cut the hair (of his head). May Allah be pleased with him.

I asked the Prophet during his Hajj, "O Allah's Apostle! Where will you stay tomorrow?" He said, "Has `Aqil left for us any house?" He then added, "Tomorrow we will stay at Khaif Bani Kinana, i.e. Al-Muhassab, where (the Pagans of) Quraish took an oath of Kufr (i.e. to be loyal to heathenism) in that Bani Kinana got allied with Quraish against Bani Hashim on the terms that they would not deal with the members of the is tribe or give them shelter." (Az-Zuhri said, "Khaif means valley.") (See Hadith No. 659, Vol. 2)

The Prophet (saws) said: If anyone is killed blindly or, when people are throwing stones, by a stone or a whip, his blood-wit is the blood-wit for an accidental murder. But if anyone is killed intentionally, retaliation is due. If anyone tries to prevent it, the curse of Allah, of angels, and of all the people will rest on him.

Usamah bin Zaid said I asked Apostle of Allaah(saws) where will you encamp tomorrow? (This is asked on the occasion of his Hajj). He replied “Did ‘Aqil leave any house for us?” He again said “We shall encamp in the valley (Khaif) of Banu Kinanah where the Quraish took an oath upon disbelief, that is, Al Muhassab.” The oath was that Banu Kinanah concluded a pact with the Quraish against Banu Hashim “they would have no marital relationship with them, nor would give them accommodation nor would have any commercial ties with them.”

Al Zuhri said Al Khaif means valley.

Al-Zuhri said: Khalf means valley.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The day of Ashura was a day the Quraysh used to fast in the jahiliyya, and the Messenger of Allah, may Allah bless him and grant him peace, used also to fast it during the jahiliyya. Then when the Messenger of Allah, may Allah bless him and grant him peace, came to Madina he fasted it and ordered that it be fasted. Then Ramadan was made obligatory, and that became the fard instead of Ashura, but whoever wanted to, fasted it, and whoever did not want to, did not fast it."

Yahya related to me from Malik from Zayd ibn Aslam that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone changes his deen - strike his neck!"

The meaning of the statement of the Prophet, may Allah bless him and grant him peace, in our opinion and Allah knows best, is that "if someone changes his deen, strike his neck!" refers to those who leave Islam for other than it - like the heretics and their like, about whom it is known. They are killed without being called to tawba because their tawba is not recognised. They were hiding their kufr and publishing their Islam, so I do not think that one calls such people to tawba, and one does not accept their word. As for the one who goes out of Islam to something else and divulges it, one calls him to tawba. If he does not turn in tawba, he is killed. If there are people in that situation, I think that one should call them to Islam and call them to tawba. If they turn in tawba, that is accepted from them. If they do not turn in tawba, they are killed. That does not refer as we see it, and Allah knows best, to those who come out of Judaism to Christianity or from Christianity to Judaism, nor to someone who changes his deen from the various forms of deen except for Islam. Whoever comes out of Islam to other than it and divulges that, that is the one who is referred to, and Allah knows best!

The Prophet set out with the intention of going to Suq `Ukaz (market of `Ukaz) along with some of his companions. At the same time, a barrier was put between the devils and the news of heaven. Fire commenced to be thrown at them. The Devils went to their people, who asked them, "What is wrong with you?" They said, "A barrier has been placed between us and the news of heaven. And fire has been thrown at us." They said, "The thing which has put a barrier between you and the news of heaven must be something which has happened recently. Go eastward and westward and see what has put a barrier between you and the news of heaven." Those who went towards Tuhama came across the Prophet at a place called Nakhla and it was on the way to Suq `Ukaz and the Prophet was offering the Fajr prayer with his companions. When they heard the Qur'an they listened to it and said, "By Allah, this is the thing which has put a barrier between us and the news of heaven." They went to their people and said, "O our people; verily we have heard a wonderful recital (Qur'an) which shows the true path; we believed in it and would not ascribe partners to our Lord." Allah revealed the following verses to his Prophet (Sura 'Jinn') (72): "Say: It has been revealed to me." And what was revealed to him was the conversation of the Jinns.

It was said to `Umar, "Will you appoint your successor?" `Umar said, "If I appoint a Caliph (as my successor) it is true that somebody who was better than I (i.e., Abu Bakr) did so, and if I leave the matter undecided, it is true that somebody who was better than I (i.e., Allah's Apostle) did so." On this, the people praised him. `Umar said, "People are of two kinds: Either one who is keen to take over the Caliphate or one who is afraid of assuming such a responsibility. I wish I could be free from its responsibility in that I would receive neither reward nor retribution I won't bear the burden of the caliphate in my death as I do in my life."

Another version of the tradition narrated on the same authority attributes the same words to the Messenger of Allah (may peace be upon him) except that it replaces kariha with ankhara and vice versa.

Abu Sufyan bin Harb informed me that Heraclius had sent a messenger to him while he had been accompanying a caravan from Quraish. They were merchants doing business in Sham (Syria, Palestine, Lebanon and Jordan), at the time when Allah's Apostle had truce with Abu Sufyan and Quraish infidels. So Abu Sufyan and his companions went to Heraclius at Ilya (Jerusalem). Heraclius called them in the court and he had all the senior Roman dignitaries around him. He called for his translator who, translating Heraclius's question said to them, "Who amongst you is closely related to that man who claims to be a Prophet?" Abu Sufyan replied, "I am the nearest relative to him (amongst the group)."

Heraclius said, "Bring him (Abu Sufyan) close to me and make his companions stand behind him." Abu Sufyan added, Heraclius told his translator to tell my companions that he wanted to put some questions to me regarding that man (The Prophet) and that if I told a lie they (my companions) should contradict me." Abu Sufyan added, "By Allah! Had I not been afraid of my companions labeling me a liar, I would not have spoken the truth about the Prophet. The first question he asked me about him was:

'What is his family status amongst you?'

I replied, 'He belongs to a good (noble) family amongst us.'

Heraclius further asked, 'Has anybody amongst you ever claimed the same (i.e. to be a Prophet) before him?'

I replied, 'No.'

He said, 'Was anybody amongst his ancestors a king?'

I replied, 'No.'

Heraclius asked, 'Do the nobles or the poor follow him?'

I replied, 'It is the poor who follow him.'

He said, 'Are his followers increasing decreasing (day by day)?'

I replied, 'They are increasing.'

He then asked, 'Does anybody amongst those who embrace his religion become displeased and renounce the religion afterwards?'

I replied, 'No.'

Heraclius said, 'Have you ever accused him of telling lies before his claim (to be a Prophet)?'

I replied, 'No. '

Heraclius said, 'Does he break his promises?'

I replied, 'No. We are at truce with him but we do not know what he will do in it.' I could not find opportunity to say anything against him except that.

...

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."

The Messenger of Allah (saws) was asked about the house-snakes. He said: When you see one of them in your dwelling, say: I adjure you by the covenant which Noah made with you, and I adjure you by the covenant which Solomon made with you not to harm us. Then if they come back, kill them.

We were in the company of Abu Musa Al-Ash`ari and there were friendly relations between us and this tribe of Jarm. Abu Musa was presented with a dish containing chicken. Among the people there was sitting a red-faced man who did not come near the food. Abu Musa said (to him), "Come on (and eat), for I have seen Allah's Apostle eating of it (i.e. chicken)." He said, "I have seen it eating something (dirty) and since then I have disliked it, and have taken an oath that I shall not eat it ' Abu Musa said, "Come on, I will tell you (or narrate to you). Once I went to Allah s Apostle with a group of Al-Ash`ariyin, and met him while he was angry, distributing some camels of rak`at. We asked for mounts but he took an oath that he would not give us any mounts, and added, 'I have nothing to mount you on' In the meantime some camels of booty were brought to Allah's Apostle and he asked twice, 'Where are Al-Ash`ariyin?" So he gave us five white camels with big humps. We stayed for a short while (after we had covered a little distance), and then I said to my companions, "Allah's Apostle has forgotten his oath. By Allah, if we do not remind Allah's Apostle of his oath, we will never be successful." So we returned to the Prophet and said, "O Allah's Apostle! We asked you for mounts, but you took an oath that you would not give us any mounts; we think that you have forgotten your oath.' He said, 'It is Allah Who has given you mounts. By Allah, and Allah willing, if I take an oath and later find something else better than that. then I do what is better and expiate my oath.' "

There was some quarrel (sighting) among Bani `Amr, and when this news reached the Prophet, he offered the Zuhr prayer and went to establish peace among them. In the meantime the time of `Asr prayer was due, Bilal pronounced the Adhan and then the Iqama for the prayer and requested Abu Bakr (to lead the prayer) and Abu Bakr went forward. The Prophet arrived while Abu Bakr was still praying. He entered the rows of praying people till he stood behind Abu Bakr in the (first) row. The people started clapping, and it was the habit of Abu Bakr that whenever he stood for prayer, he never glanced side-ways till he had finished it, but when Abu Bakr observed that the clapping was not coming to an end, he looked and saw the Prophet standing behind him. The Prophet beckoned him to carry on by waving his hand. Abu Bakr stood there for a while, thanking Allah for the saying of the Prophet and then he retreated, taking his steps backwards. When the Prophet saw that, he went ahead and led the people in prayer. When he finished the prayer, he said, "O Abu Bakr! What prevented you from carrying on with the prayer after I beckoned you to do so?" Abu Bakr replied, "It does not befit the son of Abi Quhafa to lead the Prophet in prayer." Then the Prophet said to the people, "If some problem arises during prayers, then the men should say, Subhan Allah!; and the women should clap." (See Hadith No. 652, Vol. 1)

The worst food is that of a wedding banquet to which only the rich are invited while the poor are not invited. And he who refuses an invitation (to a banquet) disobeys Allah and His Apostle .

In the time of the Messenger of Allah (saws) there was a woman who had an issue of blood. So Umm Salamah asked the Messenger of Allah (saws) to give a decision about her. He said: She should consider the number of nights and days during which she used to menstruate each month before she was afflicted with this trouble and abandon prayer during that period each month. When those days and nights are over, she should take a bath, tie a cloth over her private parts and pray.

I asked Anas bin Malik about the Qunut. Anas replied, "Definitely it was (recited)". I asked, "Before bowing or after it?" Anas replied, "Before bowing." I added, "So and so has told me that you had informed him that it had been after bowing." Anas said, "He told an untruth (i.e. "was mistaken," according to the Hijazi dialect). Allah's Apostle recited Qunut after bowing for a period of one month." Anas added, "The Prophet sent about seventy men (who knew the Qur'an by heart) towards the pagans (of Najd) who were less than they in number and there was a peace treaty between them and Allah's Apostle (but the Pagans broke the treaty and killed the seventy men). So Allah's Apostle recited Qunut for a period of one month asking Allah to punish them."

Yahya related to me from Malik that Ibn Shihab used to say, "Some one who catches a raka of the jumua prayer should pray another one with it." Ibn Shihab said, "That is the sunna."

Malik said, "I saw the people of knowledge in our city doing that. That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'Whoever catches a raka of the prayer has caught the prayer.' "

Malik said, concerning some one who was in a crowd on the day of jumua and did the ruku but was not able to go into sajda until the imam had risen or finished his prayer, "If he is able to do the sajda and has already done the ruku then he should do the sajda when the people stand up. If he is unable to do thesajda until after the imam has finished the prayer, then I prefer that he begins the prayeragain and does the four rakas of dhuhr."

The Prophet (saws) said: It is a duty of every Muslim (to provide hospitality) to a guest for a night. If anyone comes in the morning to his house, it is a debt due to him. If he wishes, he may fulfil it, and if he wishes he may leave it.

Malik related to me from Umar ibn Abd ar-Rahman ibn Dalaf al- Muzani from his father that a man from the Juhayna tribe used to buy camels before people set out for hajj and sell them at a higher price. Then he travelled quickly and used to arrive in Makka before the others who set out for hajj. He went bankrupt and his situation was put before Umar ibn al-Khattab, who said, "O People! al-Usayfi, al- Usayfi of the Juhayna, was satisfied with his deen and his trust because it was said of him that he arrived before the others on hajj. He used to incur debts which he was not careful to repay, so all of his property has been eaten up by it. Whoever has a debt against him, let him come to us tomorrow and we will divide his property between his creditors. Beware of debts! Their beginning is a worry and their end is destitution. "

Malik related to me from Ibn Shihab from Muhammad ibn Jubayr ibn Mutim that the Prophet, may Allah bless him and grant him peace, said, "I have five names. I am Muhammad. I am Ahmad. I am al-Mahi (the effacer), by whom Allah effaces kufr. I am al-Hashir (the gatherer), before whom people are gathered. I am al-Aqib (the last)."