Malik related to me from Abd ar-Rahman ibn Abi Amra al-Ansari that his mother had wanted to make a bequest, but she delayed until morning and died. She had intended to set someone free, so Abd ar- Rahman said, 'I said to al-Qasim ibn Muhammad, 'Will it help her if I free a slave for her?' Al-Qasim replied, 'Sad ibn Ubada said to the Messenger of Allah, may Allah bless him and grant him peace, 'My mother died, will it help her if I set a slave free for her?' The Messenger of Allah, may Allah bless him and grant him peace, said "Yes." "'

Yahya related to me from Malik from Yahya ibn Said that Abu Nahshal ibn al-Aswad said to al-Qasim ibn Muhammad,"I saw a slave-girl of mine uncovered in the moonlight, and so I sat on her as a man sits on a woman. She said that she was menstruating, so I stood up and have not gone near her after that. Can I give her to my son to have intercourse with?" Al-Qasim forbade that.

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr and Abu Bakr ibn Abd ar Rahman used to pray nawafil when travelling.

Yahya said that Malik was asked about voluntary prayers when travelling and he said, "There is no harm in them, either at night or during the day. I have heard that some of the people of knowledge used to do that."

I sat in a gathering in which the chiefs of the Ansar were present, and `Abdur-Rahman bin Abu Laila was amongst them. I mentioned the narration of `Abdullah bin `Utba regarding the question of Subai'a bint Al-Harith. `Abdur-Rahman said, "But `Abdullah's uncle used not to say so." I said, "I am too brave if I tell a lie concerning a person who is now in Al-Kufa," and I raised my voice. Then I went out and met Malik bin 'Amir or Malik bin `Auf, and said, "What was the verdict of Ibn Mas`ud about the pregnant widow whose husband had died?" He replied, "Ibn Mas`ud said, 'Why do you impose on her the hard order and don't let her make use of the leave? The shorter Sura of women (i.e. Surat-at- Talaq) was revealed after the longer Sura (i.e. Surat-al-Baqara)." (i.e. Her 'Idda is up till she delivers.)

I was a blacksmith and did some work for Al-`As bin Wail. When he owed me some money for my work, I went to him to ask for that amount. He said, "I will not pay you unless you disbelieve in Muhammad." I said, "By Allah! I will never do that till you die and be resurrected." He said, "Will I be dead and then resurrected after my death?" I said, "Yes." He said, "There I will have property and offspring and then I will pay you your due." Then Allah revealed. 'Have you seen him who disbelieved in Our signs, and yet says: I will be given property and offspring?' (19.77)

Yahya related to me from Malik from Talha ibn Abi al-Malik al- Ayli from al-Qasim ibn Muhammad ibn as-Siddiq from A'isha that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever vows to obey Allah, let him obey Him. Whoever vows to disobey Allah, let him not disobey Him."

Yahya said that he had heard Malik say, "The meaning of the statement of the Prophet, may Allah bless him and grant him peace, 'Whoever vows to disobey Allah, let him not disobey Him' is that for instance a man who vows that, if he speaks to such-and-such a person, he will walk to Syria, Egypt, or any other such things which are not considered as ibada, is not under any obligation by any of that, even if he did speak to the man or did break whatever it was he swore, because Allah does not demand obedience in such things. He should only fulfill those things in which there is obedience to Allah."

22.5 Rashness in Oaths

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said when asked whether it was permissible for a man to marry again a wife he had divorced irrevocably if she had married another man who divorced her before consummating the marriage, "Not until she has tasted the sweetness of intercourse."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr said that a man who had four wives and then divorced one of them irrevocably, could marry straightaway if he wished, and he did not have to wait for the completion of her idda.

Malik said, "I heard that al-Qasim ibn Muhammad used to say, 'I have seen the people, (i.e. the companions), and they were not impressed by speech.' " Malik said, "He meant that only action and deeds would be looked at, not words."

Abu Huraira said, "You people claim that Abu Huraira narrates many narrations of Allah's Apostle. (Anyhow) with Allah will be our appointment. I was a poor man, and used to stick to Allah's Apostle contented with what will fill my stomach, and the Muhajirin (emigrants) used to be busy trading in the markets, and the Ansar used to be busy looking after their properties. One-day I heard Allah's Apostle saying, 'Who will spread his Rida' (a garment covering the upper part of the body) till I finished my speech and then fold it, (i.e. wrap it over your body), in which case he will never forget anything he had heard from me." So I spread my garment which I was wearing; and by Him Who sent Muhammad with the Truth, ever since, I have never forgotten whatever I heard from him (the Prophet)" (See, Hadith No. 119, Vol. 1)

I heard Abu Huraira saying as he passed by us while the people were performing ablution from a utensil containing water, "Perform ablution perfectly and thoroughly for Abul-Qasim (the Prophet) said, 'Save your heels from the Hell-fire.' "

Ibn `Abbas mentioned the couple who had taken the oath of Lian. `Abdullah bin Shaddad said (to him), "Was this woman about whom Allah's Apostle said, 'If I were ever to stone to death any woman without witnesses. (I would have stoned that woman to death)?' Ibn `Abbas replied," No, that lady exposed herself (by her suspicious behavior).

Malik related to me that Yahya ibn Said said that he heard al- Qasim ibn Muhammad say, "A woman of the Ansar was married to Umar ibn al-Khattab. She bore Asim ibn Umar to him, and then he separated from her. Umar came to Quba and found his son Asim playing in the courtyard of the mosque. He took him by the arm and placed him before him on his mount. The grandmother of the child saw him and argued with Umar about the child so they went to Abu Bakr as-Siddiq. Umar said, 'My son.' The woman said, 'My son.' Abu Bakr said, 'Do not interfere between a child and its mother.' Umar did not repeat his words."

Yahya said that he heard Malik say, "This is what I would have done in that situation."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab said, "The Messenger of Allah, may Allah bless him and grant him peace, did not pray dhuhr and asr on the day of the Trench until after the sun had set."

Malik said, "The hadith of al- Qasim ibn Muhammad from Salih ibn Khawwat is the one I like most out of what I have heard about the fear prayer."

Some people were asking Allah's Apostle questions mockingly. A man would say, "Who is my father?" Another man whose she-camel had gone astray would say, "Where is my she-camel? "So Allah revealed this Verse in this connection: "O you who believe! Ask not about things which, if made plain to you, may cause you trouble." (5.101)

`Aisha said, "O my head!" Allah's Apostle said, "If that (i.e., your death) should happen while I am still alive, I would ask Allah to forgive you and would invoke Allah for you." `Aisha said, "O my life which is going to be lost! By Allah, I think that you wish for my death, and if that should happen then you would be busy enjoying the company of one of your wives in the last part of that day." The Prophet said, "But I should say, 'O my head!' I feel like calling Abu Bakr and his son and appoint (the former as my successors lest people should say something or wish for something. Allah will insist (on Abu Bakr becoming a Caliph) and the believers will prevent (anyone else from claiming the Caliphate)," or "..Allah will prevent (anyone else from claiming the Caliphate) and the believers will insist (on Abu Bakr becoming the Caliph).

Yahya related to me from Malik that Muhammad ibn Uqba, the mawla of az Zubayr, asked al-Qasim ibn Muhammad whether he had to pay any zakat on a large sum given to him by his slave to buy his freedom. Al- Qasim said, "Abu Bakr as-Siddiq did not take zakat from anyone's property until it had been in his possession for a year."

Al- Qasim ibn Muhammad continued, "When Abu Bakr gave men their allowances he would ask them, 'Do you have any property on which zakat is due?' If they said, 'Yes,' he would take the zakat on that property out of their allowances. If they said, 'No,' he would hand over their allowances to them without deducting anything from them."

While I was going with the Prophet through the ruins of Medina and he was reclining on a date-palm leaf stalk, some Jews passed by. Some of them said to the others: Ask him (the Prophet) about the spirit. Some of them said that they should not ask him that question as he might give a reply which would displease them. But some of them insisted on asking, and so one of them stood up and asked, "O Abul-Qasim ! What is the spirit?" The Prophet remained quiet. I thought he was being inspired Divinely. So I stayed till that state of the Prophet (while being inspired) was over. The Prophet then said, "And they ask you (O Muhammad) concerning the spirit --Say: The spirit -- its knowledge is with my Lord. And of knowledge you (mankind) have been given only a little)." (17.85)

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah were marrying off their daughters and they did not consult them.

Malik said, "That is what is done among us about the marriage of virgins."

Malik said, "A virgin has no right to her property until she enters her house and her state (competence, maturity etc.) is known for sure."

The Prophet came out after the sun had declined and offered the Zuhr prayer (in congregation). After finishing it with Taslim, he stood on the pulpit and mentioned the Hour and mentioned there would happen great events before it. Then he said, "Whoever wants to ask me any question, may do so, for by Allah, you will not ask me about anything but I will inform you of its answer as long as I am at this place of mine." On this, the Ansar wept violently, and Allah's Apostle kept on saying, "Ask Me! " Then a man got up and asked, ''Where will my entrance be, O Allah's Apostle?" The Prophet said, "(You will go to) the Fire." Then `Abdullah bin Hudhaifa got up and asked, "Who is my father, O Allah's Apostle?" The Prophet replied, "Your father is Hudhaifa." The Prophet then kept on saying (angrily), "Ask me! Ask me!" `Umar then knelt on his knees and said, "We have accepted Allah as our Lord and Islam as our religion and Muhammad as an Apostle." Allah's Apostle became quiet when `Umar said that. Then Allah's Apostle said, "By Him in Whose Hand my life is, Paradise and Hell were displayed before me across this wall while I was praying, and I never saw such good and evil as I have seen today."

While we were sitting with the Prophet Surat Al-Jumu'a was revealed to him, and when the Verse, "And He (Allah) has sent him (Muhammad) also to other (Muslims).....' (62.3) was recited by the Prophet, I said, "Who are they, O Allah's Apostle?" The Prophet did not reply till I repeated my question thrice. At that time, Salman Al-Farisi was with us. So Allah's Apostle put his hand on Salman, saying, "If Faith were at (the place of) Ath-Thuraiya (pleiades, the highest star), even then (some men or man from these people (i.e. Salman's folk) would attain it."

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Nafi, the mawla of Abdullah ibn Umar said, "You cannot do itikaf unless you are fasting, because of what Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, then complete the fast until night-time, and do not have intercourse with them while you are doing itikaf in mosques,' (Sura 2 ayat 187). Allah only mentions itikaf together with fasting."

Malik said, "That is what we go by here."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

AI-Qasim b. Muhammad reported that A'isha had come for Hajj.

Sufyan said: We did not find anything by which we could reinforce this tradition, and this has been narrated only through this chain.

He ('Ali b. al-Madini, a narrator) said: I said to Sufyan: There is a difference of opinion of the name (Abu Muhammad b. 'Amr). He pondered for a moment and then said: I do not remember except Abu Muhammad b. 'Amr Sufyan said: A man had come to Kufah after the death of Isma'il b. Umayyah ; he was seeking Abu Muhammad until he found him. He asked him (about this tradition) but he became confused. Abu Dawud said: I heard Ahmad b. Hanbal who was questioned many times how the line should be drawn. He replied: In this way. horizontally like crescent.

Abu Dawud said: I heard Musaddad say: Ibn Dawud said: The line should be drawn perpendicularly.

Abu Dawud said: I heard Ahmad b. Hanbal describing many times how the line should be drawn. He said: In this way horizontally in the round semi-circular form like the crescent, that is (the line should be) a curve.

`Abdullah bin Abi Mulaikah narrated… and he mentioned a hadeeth similar to that of Ayyoob, except that he said: ibn `Umar said to `Amr bin `Uthman, when he was facing him: Why don`t you tell them not to weep? For the Messenger of Allah (ﷺ) said: `The deceased is tormented because of his family`s weeping for him.`

I heard the Prophet saying openly not secretly, "The family of Abu so-and-so (i.e. Talib) are not among my protectors." `Amr said that there was a blank space (1) in the Book of Muhammad bin Ja`far. He added, "My Protector is Allah and the righteous believing people." `Amr bin Al-`As added: I heard the Prophet saying, 'But they (that family) have kinship (Rahm) with me and I will be good and dutiful to them. "

A man heard another man reciting (in the prayers): 'Say (O Muhammad): "He is Allah, the One." (112.1) And he recited it repeatedly. When it was morning, he went to the Prophet and informed him about that as if he considered that the recitation of that Sura by itself was not enough. Allah's Apostle said, "By Him in Whose Hand my life is, it is equal to one-third of the Qur'an."