Yahya related to me from Malik that Yahya ibn Said heard Said ibn al-Musayyab say, ''Umar ibn al-Khattab decided on a camel for each molar, and Muawiya ibn Abi Sufyan decided on five camels for each molar."

Said ibn al-Musayyab said, "The blood-money is less in the judgement of Umar ibn al-Khattab and more in the judgement of Muawiya. Had it been me, I would have made it two camels for each molar. That is the fair blood-money, and every one who strives with ijtihad is rewarded."

Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, "If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce."

Malik said, "That is what is done among us and there is no dispute about it."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar said, "The idda of a slave-girl when her husband dies is two months and five days."

One of the wives of `Umar (bin Al-Khattab) used to offer the Fajr and the `Isha' prayer in congregation in the Mosque. She was asked why she had come out for the prayer as she knew that `Umar disliked it, and he has great ghaira (self-respect). She replied, "What prevents him from stopping me from this act?" The other replied, "The statement of Allah's Apostle : 'Do not stop Allah's women-slaves from going to Allah's Mosques' prevents him."

We asked Ibn `Umar whether a man who had performed the Tawaf of the Ka`ba but had not performed the Tawaf between As-Safa and Al-Marwa yet, was permitted to have sexual relation with his wife. He replied, "The Prophet arrived (at Mecca) and circumambulated the Ka`ba seven times and then offered a two rak`at prayer behind Maqam-lbrahim and then performed the going (Tawaf) between As-Safa and Al-Marwa (seven times) (and verily, in Allah's Apostle you have a good example." And we asked Jabir bin `Abdullah (the same question) and he replied, "He should not go near her till he has finished the going (Tawaf) between As-Safa and Al-Marwa."

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al Musayyab being asked about making up days missed in Ramadan, and Said said, "What I like best is for days missed in Ramadan to be made up consecutively, and not separately."

Yahya said that he had heard Malik say, about some one who made up the days he had missed in Ramadan separately, that he did not have to repeat them. (What he had done) was enough for him. It was, however, preferable, if he did them consecutively.

Malik said, "Whoever eats or drinks thoughtlessly or forgetfully in Ramadan or during any other obligatory fast that he must do, has to fast another day in its place."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "Abu Bakr as-Siddiq used to pray witr when he wished to go to bed, and Umar ibn al-Khattab used to pray witr at the end of the night. As for me, I pray witr when I go to bed."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, announced the death of an Najashi to everyone on the day that he died, and went out with them to the place of prayer, and then formed them into rows and said "Allah is greater" four times.

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rak`at (prayer). They allowed him and he offered Two rak`at and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rak`at prayer (before being killed). Allah fulfilled the invocation of `Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that `Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) `Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over `Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

My companions, who came with me in the boat and I landed at a place called Baqi [??] Buthan [??] . The Prophet was in Medina at that time. One of us used to go to the Prophet by turns every night at the time of the `Isha prayer. Once I along with my companions went to the Prophet and he was busy in some of his affairs, so the `Isha' prayer was delayed to the middle of the night He then came out and led the people (in prayer). After finishing from the prayer, he addressed the people present there saying, "Be patient! Don't go away. Have the glad tiding. It is from the blessing of Allah upon you that none amongst mankind has prayed at this time save you." Or said, "None except you has prayed at this time." Abu Musa added, 'So we returned happily after what we heard from Allah's Apostle ."

Yahya related to me from Malik that he had heard that Said ibn Abi Waqqas used to pass in front of some of the rows while the prayer was in progress.

Malik said, "I consider that it is permissible to do that if the iqama for the prayer has been said and the imam has said the initial takbir and a man cannot find any way into the mosque except by going between the rows."

Allah's Apostle used to practice I`tikaf every year in the month of Ramadan. And after offering the morning prayer, he used to enter the place of his I`tikaf. `Aisha asked his permission to let her practice I`tikaf and he allowed her, and so she pitched a tent in the mosque. When Hafsa heard of that, she also pitched a tent (for herself), and when Zainab heard of that, she too pitched another tent. When, in the morning, Allah's Apostle had finished the morning prayer, he saw four tents and asked, "What is this?" He was informed about it. He then said, "What made them do this? Is it righteousness? Remove the tents, for I do not want to see them." So, the tents were removed. The Prophet did not perform I`tikaf that year in the month of Ramadan, but did it in the last ten days of Shawwal.

I used to go to the place of prayer on the day of the breaking of the fast, and on the day of sacrifice along with the Companions of the Messenger of Allah (saws). We would walk through a valley known as Batn Bathan till we came to the place of prayer. Then we would pray along with the Messenger of Allah (saws) and return through Batn Bathan to our house.

I heard As-Saib bin Yazid, saying, "In the lifetime of Allah's Apostle, and Abu Bakr and `Umar, the Adhan for the Jumua prayer used to be pronounced after the Imam had taken his seat on the pulpit. But when the people increased in number during the caliphate of `Uthman, he introduced a third Adhan (on Friday for the Jumua prayer) and it was pronounced at Az-Zaura' and that new state of affairs remained so in the succeeding years.

`Ata' said, "Jabir bin `Abdullah said, 'The Prophet went out on the Day of `Id-ul-Fitr and offered the prayer before delivering the Khutba, Ata told me that during the early days of Ibn Az-Zubair, Ibn `Abbas had sent a message to him telling him that the Adhan for the `Id Prayer was never pronounced (in the life time of Allah's Apostle) and the Khutba used to be delivered after the prayer. Ata told me that Ibn `Abbas and Jabir bin `Abdullah, had said, "There was no Adhan for the prayer of `Id-ul-Fitr and `Id-ul-Aqha." `Ata' said, "I heard Jabir bin `Abdullah saying, 'The Prophet stood up and started with the prayer, and after it he delivered the Khutba. When the Prophet of Allah (p.b.u.h) finished (the Khutba), he went to the women and preached to them, while he was leaning on Bilal's hand. Bilal was spreading his garment and the ladies were putting alms in it.' " I said to Ata, "Do you think it incumbent upon an Imam to go to the women and preach to them after finishing the prayer and Khutba?" `Ata' said, "No doubt it is incumbent on Imams to do so, and why should they not do so?"

Yahya related to me from Malik that Yahya ibn Said said that he heard Said ibn al-Musayyab say, "Shall I tell you what is better than much prayer and sadaqa?" They said, "Yes." He said, "Mending discord. And beware of hatred - it strips you (of your deen)."

Yahya related to me from Malik that Yahya ibn Said said that he heard Said ibn al-Musayyab say, "I once prayed behind Abu Hurayra over a child who had never done a wrong action and I heard him say, 'O Allah, give him protection from the torment of the grave.' "

Abu Barza said, "The Prophet used to offer the Fajr (prayer) when one could recognize the person sitting by him (after the prayer) and he used to recite between 60 to 100 Ayat (verses) of the Qur'an. He used to offer the Zuhr prayer as soon as the sun declined (at noon) and the `Asr at a time when a man might go and return from the farthest place in Medina and find the sun still hot. (The sub-narrator forgot what was said about the Maghrib). He did not mind delaying the `Isha prayer to one third of the night or the middle of the night."

I heard Ka`b bin Malik who was one of the three who were forgiven, saying that he had never remained behind Allah's Apostle in any Ghazwa which he had fought except two Ghazwat Ghazwat- Al-`Usra (Tabuk) and Ghazwat-Badr. He added. "I decided to tell the truth to Allah's Apostle in the forenoon, and scarcely did he return from a journey he made, except in the forenoon, he would go first to the mosque and offer a two-rak`at prayer. The Prophet forbade others to speak to me or to my two companions, but he did not prohibit speaking to any of those who had remained behind excepting us. So the people avoided speaking to us, and I stayed in that state till I could no longer bear it, and the only thing that worried me was that I might die and the Prophet would not offer the funeral prayer for me, or Allah's Apostle might die and I would be left in that social status among the people that nobody would speak to me or offer the funeral prayer for me. But Allah revealed His Forgiveness for us to the Prophet in the last third of the night while Allah's Apostle was with Um Salama. Um Salama sympathized with me and helped me in my disaster. Allah's Apostle said, 'O Um Salama! Ka`b has been forgiven!' She said, 'Shall I send someone to him to give him the good tidings?' He said, 'If you did so, the people would not let you sleep the rest of the night.' So when the Prophet had offered the Fajr prayer, he announced Allah's Forgiveness for us. His face used to look as bright as a piece of the (full) moon whenever he was pleased. When Allah revealed His Forgiveness for us, we were the three whose case had been deferred while the excuse presented by those who had apologized had been accepted. But when there were mentioned those who had told the Prophet lies and remained behind (the battle of Tabuk) and had given false excuses, they were described with the worse description one may be described with. Allah said: 'They will present their excuses to you (Muslims) when you return to them. Say: Present no excuses; we shall not believe you. Allah has already informed us of the true state of matters concerning you. Allah and His Apostle will observe your actions." (9.94)

Ibn `Umar used to spend the night at Dhi-Tuwa in between the two Thaniyas and then he would enter Mecca through the Thaniya which is at the higher region of Mecca, and whenever he came to Mecca for Hajj or `Umra, he never made his she camel kneel down except near the gate of the Masjid (Sacred Mosque) and then he would enter (it) and go to the Black (stone) Corner and start from there circumambulating the Ka`ba seven times: hastening in the first three rounds (Ramal) and walking in the last four. On finishing, he would offer two rak`at prayer and set out to perform Tawaf between Safa and Marwa before returning to his dwelling place. On returning (to Medina) from Hajj or `Umra, he used to make his camel kneel down at Al-Batha which is at Dhul-Hulaifa, the place where the Prophet used to make his camel kneel down.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

Abu Dawud said: Ibn al-Muthanna said: Ibn 'Adi narrated this tradition from his memory on the authority of 'Urwah from 'Aishah.

Abu Dawud said: This tradition has also been transmitted by al-'Ala b. al-Musayyab and Shu'bah from al-Hakam on the authority of Abu Ja'far. Al-'Ala reported it as a statement of the Prophet (saws), and Shu'bah as a statement of Abu Ja'far, saying: She should perform ablution for every prayer.

"I saw Allah's Apostle delaying the Maghrib prayer till he offered it along with the `Isha' prayer whenever he was in a hurry during the journey." Salim narrated, "Ibn `Umar used to do the same whenever he was in a hurry during the journey." And Salim added, "Ibn `Umar used to pray the Maghrib and `Isha' prayers together in Al-Muzdalifa." Salim said, "Ibn `Umar delayed the Maghrib prayer because at that time he heard the news of the death of his wife Safiya bint Abi `Ubaid. I said to him, 'The prayer (is due).' He said, 'Go on.' Again I said, 'The prayer (is due).' He said, 'Go on,' till we covered two or three miles. Then he got down, prayed and said, 'I saw the Prophet praying in this way, whenever he was in a hurry during the journey.' `Abdullah (bin `Umar) added, "Whenever the Prophet was in a hurry, he used to delay the Maghrib prayer and then offer three rak`at (of the Maghrib) and perform Taslim, and after waiting for a short while, Iqama used to be pronounced for the `Isha' prayer when he would offer two rak`at and perform Taslim. He would never offer any optional prayer till the middle of the night (when he used to pray the Tahajjud)."

Fatima complained about the blisters on her hand because of using a mill-stone. She went to ask the Prophet for servant, but she did not find him (at home) and had to inform `Aisha of her need. When he came, `Aisha informed him about it. `Ali added: The Prophet came to us when we had gone to our beds. When I was going to get up, he said, "'Stay in your places," and sat between us, till I felt the coolness of the feet on my chest. The Prophet then said, "Shall I not tell you of a thing which is better for you than a servant? When you (both) go to your beds, say 'Allahu Akbar' thirty-three times, and 'Subhan Allah' thirty-three times, 'Al hamdu 'illah' thirty-three times, for that is better for you than a servant." Ibn Seereen said, "Subhan Allah' (is to be said for) thirty-four times."

Allah's Apostle went out (of the mosque) when the Iqama had been pronounced and the rows straightened. The Prophet stood at his Musalla (praying place) and we waited for the Prophet to begin the prayer with Takbir. He left and asked us to remain in our places. We kept on standing till the Prophet returned and the water was trickling from his head for he had taken a bath (of Janaba).

"When Allah's Apostle departed from `Arafat, he turned towards a mountain pass where he answered the call of nature. (After he had finished) I poured water and he performed ablution and then I said to him, "O Allah's Apostle! Will you offer the prayer?" He replied, "The Musalla (place of the prayer) is ahead of you (in Al-Muzdalifa).

Sa'id ibn al-Musayyab said: An Ansari was breathing his last. He said: I narrate to you a tradition, and I narrate it with the intention of getting a reward from Allah.

I heard the Messenger of Allah (saws) say: If any one of you performs ablution and performs it very well, and goes out for prayer, he does not take his right step but Allah records a good work (or blessing) for him, and he does not take his left step but Allah remits one sin from him. Any one of you may reside near the mosque or far from it; if he comes to the mosque and prays in congregation, he will be forgiven (by Allah).

If he comes to the mosque while the people had prayed in part, and the prayer remained in part, and he prays in congregation the part he joined, and completed the part he had missed, he will enjoy similarly (i.e. he will be forgiven). If he comes to the mosque when the people had finished prayer, he will enjoy the same.

We set out assuming the Ihram for Hajj in the months of Hajj towards the sacred precincts of Hajj. We dismounted at Sarif and the Prophet said to his companions, "Whoever has not got the Hadi with him and likes to make it as `Umra, he should do it, but he who has got the Hadi with him should not do it." The Prophet and some of his wealthy companions had the Hadi with them, so they did not finish Ihram after performing the `Umra. The Prophet came to me while I was weeping. He asked me the reason for it. I replied, "I have heard of what you have said to your companions and I cannot do the `Umra." He asked me, "What is the matter with you?" I replied, "I am not praying." He said, "There is no harm in it as you are one of the daughters of Adam and the same is written for you as for others. So, you should perform Hajj and I hope that Allah will enable you to perform the `Umra as well." So, I carried on till we departed from Mina and halted at Al-Mahassab. The Prophet called `Abdur- Rahman and said, "Go out of the sanctuary with your sister and let her assume Ihram for `Umra, and after both of you have finished the Tawaf I will be waiting for you at this place." We came back at midnight and the Prophet asked us, "Have you finished?" I replied in the affirmative. He announced the departure and the people set out for the journey and some of them had performed the Tawaf of the Ka`ba before the morning prayer, and after that the Prophet set out for Medina.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant