Ibn `Umar divorced his wife while she was having her menses. `Umar asked the Prophet who said, "Order him (your son) to take her back, and then divorced her before her period of the 'Iddah has elapsed." I asked Ibn `Umar, "Will that divorce (during the menses) be counted?" He replied, "If somebody behaves foolishly (will his foolishness be an excuse for his misbehavior)?"

Ibn `Umar said: "I divorced my wife while she was menstruating. `Umar mentioned that to the Prophet . The Prophet said, (to my father), "Let your son take her back." I asked (Ibn `Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn `Umar said, "Of course." Narrated Yunus bin Jubair: Ibn `Umar said, "The Prophet said to `Umar, 'Order him (Ibn `Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn `Umar said, "What do you think if someone becomes helpless and foolish?"

Yahya related to me from Malik from Nafi that Abd ar-Rahman ibn Abi Hurayra asked Abdullah ibn Umar about eating what was cast up by the sea and he forbade him to eat it. Then Abdullah turned and asked for a Qur'an, and read, "The game of the sea and its flesh are halal for you." Nafi added, "Abdullah ibn Umar sent me to Abdar-Rahman Ibn Abi Hurayra to say that there was no harm in eating it."

The Messenger of Allah (saws) sent an expedition to Khath'am. Some people sought protection by having recourse to prostration, and were hastily killed. When the Prophet (saws) heard that, he ordered half the blood-wit to be paid for them, saying: I am not responsible for any Muslim who stays among polytheists. They asked: Why, Messenger of Allah? He said: Their fires should not be visible to one another.

Abu Dawud said: Hushaim, Ma'mar, Khalid b. al-Wasiti and a group of narrators have also narrated it, but did not mention Jarir.

Whenever there was drought, `Umar bin Al-Khattab used to ask Allah for rain through Al-`Abbas bin `Abdul Muttalib, saying, "O Allah! We used to request our Prophet to ask You for rain, and You would give us. Now we request the uncle of our Prophet to ask You for rain, so give us rain." And they would be given rain."

I asked Ibn `Umar,"(What is said regarding) a man divorces his wife during her period?" He said, "Do you know Ibn `Umar? Ibn `Umar divorced his wife while she was menstruating. `Umar then went to the Prophet and mentioned that to him. The Prophet ordered him to take her back and when she became clean, he could divorce her if he wanted." I asked (Ibn `Umar), "Was that divorce counted as one legal divorce?" He said, "If one becomes helpless and foolish (will he be excused? Of course not). "

Whenever drought threatened them, `Umar bin Al-Khattab, used to ask Al-Abbas bin `Abdul Muttalib to invoke Allah for rain. He used to say, "O Allah! We used to ask our Prophet to invoke You for rain, and You would bless us with rain, and now we ask his uncle to invoke You for rain. O Allah ! Bless us with rain."(1) And so it would rain.

When `Abdullah bin 'Ubai died, his son `Abdullah bin `Abdullah came to Allah's Apostle and asked him to give him his shirt in order to shroud his father in it. He gave it to him and then `Abdullah asked the Prophet to offer the funeral prayer for him (his father). Allah's Apostle got up to offer the funeral prayer for him, but `Umar got up too and got hold of the garment of Allah's Apostle and said, "O Allah's Apostle Will you offer the funeral prayer for him though your Lord has forbidden you to offer the prayer for him" Allah's Apostle said, "But Allah has given me the choice by saying: '(Whether you) ask forgiveness for them, or do not ask forgiveness for them; even if you ask forgiveness for them seventy times..' (9.80) so I will ask more than seventy times." `Umar said, "But he (`Abdullah bin 'Ubai) is a hypocrite!" However, Allah's Apostle did offer the funeral prayer for him whereupon Allah revealed: 'And never (O Muhammad) pray for anyone of them that dies, nor stand at his grave.' (9.84)

The Prophet said, "If your women ask permission to go to the mosque at night, allow them."

Abu Hasan, a client of Banu Nawfal asked Ibn Abbas: A slave had a wife who was a slave-girl. He divorced her by two pronouncements. Afterwards both of them were freed. Is it permissible for him to ask her in marriage again? He said: Yes. This is a decision given by the Messenger of Allah (saws).

A person asked `Abdullah bin `Umar whether a Muslim could kill flies. I heard him saying (in reply). "The people of Iraq are asking about the killing of flies while they themselves murdered the son of the daughter of Allah's Apostle . The Prophet said, They (i.e. Hasan and Husain) are my two sweet basils in this world."

The Prophet (saws) said: A man will not be asked as to why he beat his wife.

My father said, "Allah's Apostle was proceeding at night on one of his journeys and `Umar bin Al- Khattab was going along with him. `Umar bin Al-Khattab asked him (about something) but Allah's Apostle did not answer him. `Umar asked him again, but he did not answer him. He asked him again (for the third time) but he did not answer him. On that `Umar bin Al-Khattab addressed himself saying, "May your mother be bereaved of you, O `Umar, for you have asked Allah's Apostle thrice, yet he has not answered you." `Umar said, "Then I made my camel run fast and took it in front of the other Muslims, and I was afraid that something might be revealed in my connection. I had hardly waited for a moment when I heard somebody calling me. I said, 'I was afraid that something might have been revealed about me.' Then I came to Allah's Apostle and greeted him. He (i.e. the Prophet) said, 'Tonight there has been revealed to me, a Sura which is dearer to me than (all the world) on which the sun rises,' and then he recited: 'Verily! We have granted you (O Muhammad) A manifest victory." (48.1)

A man came to Ibn `Umar and asked about `Uthman and Ibn `Umar mentioned his good deeds and said to the questioner. "Perhaps these facts annoy you?" The other said, "Yes." Ibn `Umar said, "May Allah stick your nose in the dust (i.e. degrade you)!' Then the man asked him about `Ali. Ibn `Umar mentioned his good deeds and said, "It is all true, and that is his house in the midst of the houses of the Prophet. Perhaps these facts have hurt you?" The questioner said, "Yes." Ibn `Umar said, "May Allah stick your nose in the dust (i.e. degrade you or make you do things which you hate) ! Go away and do whatever you can against me."

Yahya related to me from Malik that he had asked Ibn Shihab why Umar ibn al Khattab used to take a tenth from the Nabateans, and Ibn Shihab replied, "It used to be taken from them in the jahiliyya, and Umar imposed it on them."

I asked my father (`Ali bin Abi Talib), "Who are the best people after Allah's Apostle ?" He said, "Abu Bakr." I asked, "Who then?" He said, "Then `Umar. " I was afraid he would say "Uthman, so I said, "Then you?" He said, "I am only an ordinary person.

Yahya related to me from Malik from Yahya ibn Said from Salim ibn Abdullah that Abdullah ibn Umar sold one of his slaves for eight hundred dirhams with the stipulation that he was not responsible for defects. The person who bought the slave complained to Abdullah ibn Umar that the slave had a disease which he had not told him about. They argued and went to Uthman ibn Affan for a decision . The man said, "He sold me a slave with a disease which he did not tell me about." Abdullah said, "I sold to him with the stipulation that I was not responsible." Uthman ibn Affan decided that Abdullah ibn Umar should take an oath that he had sold the slave without knowing that he had any disease. Abdullah ibn Umar refused to take the oath, so the slave was returned to him and recovered his health in his possession. Abdullah sold him afterwards for 1500 dirhams.

Malik said, "The generally agreed upon way of doing things among us about a man who buys a female slave and she becomes pregnant, or who buys a slave and then frees him, or if there is any other such matter which has already happened so that he cannot return his purchase, and a clear proof is established that there was a fault in that purchase when it was in the hands of the seller or the fault is admitted by the seller or someone else, is that the slave or slave-girl is assessed for its value with the fault it is found to have had on the day of purchase and the buyer is refunded,from what he paid,the difference between the price of a slave who is sound and a slave with such a defect.

Malik said, "The generally agreed upon way of doing things among us regarding a man who buys a slave and then finds out that the slave has a defect for which he can be returned and meanwhile another defect has happened to the slave whilst in his possession, is that if the defect which occurred to the slave in his possession has harmed him, like loss of a limb, loss of an eye, or something similar, then he has a choice. If he wants, he can have the price of the slave reduced commensurate with the defect (he bought him with ) according to the prices on the day he bought him, or if he likes, he can pay compensation for the defect which the slave has suffered in his possession and return him. The choice is up to him. If the slave dies in his possession, the slave is valued with the defect which he had on the day of his purchase. It is seen what his price would really have been. If the price of the slave on the day of purchase without fault was 100 dinars, and his price on the day of purchase with fault would have been 80 dinars, the price is reduced by the difference. These prices are assessed according to the market value on the day the slave was purchased . "

Malik said, "The generally agreed upon way of doing things among us is that if a man returns a slave girl in whom he has found a defect and he has already had intercourse with her, he must pay what he has reduced of her price if she was a virgin. If she was not a virgin, there is nothing against his having had intercourse with her because he had charge of her."

Malik said, "The generally agreed upon way of doing things among us regarding a person, whether he is an inheritor or not, who sells a slave, slave-girl, or animal without a liability agreement is that he is not responsible for any defect in what he sold unless he knew about the fault and concealed it. If he knew that there was a fault and concealed it, his declaration that he was free of responsibility does not absolve him, and what he sold is returned to him."

Malik spoke about a situation where a slave-girl was bartered for two other slave-girls and then one of the slave-girls was found to have a defect for which she could be returned. He said, "The slave-girl worth two other slave- girls is valued for her price. Then the other two slave-girls are valued, ignoring the defect which the one of them has. Then the price of the slave-girl sold for two slave-girls is divided between them according to their prices so that the proportion of each of them in her price is arrived at - to the higher priced one according to her higher price, and to the other according to her value. Then one looks at the one with the defect, and the buyer is refunded according to the amount her share is affected by the defect, be it little or great. The price of the two slave-girls is based on their market value on the day that they were bought."

Malik spoke about a man who bought a slave and hired him out on a long-term or short-term basis and then found out that the slave had a defect which necessitated his return. He said that if the man returned the slave because of the defect, he kept the hire and revenue. "This is the way in which things are done in our city. That is because, had the man bought a slave who then built a house for him, and the value of the house was many times the price of the slave, and he then found that the slave had a defect for which he could be returned, and he was returned, he would not have to make payment for the work the slave had done for him. Similarly, he would keep any revenue from hiring him out, because he had charge of him. This is the way of doing things among us."

Malik said, "The way of doing things among us when someone buys several slaves in one lot and then finds that one of them has been stolen, or has a defect, is that he looks at the one he finds has been stolen or the one in which he finds a defect. If he is the pick of those slaves, or the most expensive, or it was for his sake that he bought them, or he is the one in whom people see the most excellence, then the whole sale is returned. If the one who is found to be stolen or to have a defect is not the pick of the slaves, and he did not buy them for his sake, and there is no special virtue which people see in him, the one who is found to have a defect or to have been stolen is returned as he is, and the buyer is refunded his portion of the total price."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

Yahya related to me from Malik from Abdullah ibn Dinar that Abdullah ibn Umar said, ''Umar ibn al-Khattab was asked about locusts. He said, 'I would like to have a basket of them, from which we could eat.' "

I asked Ibn `Umar about Salam (the fruits of) date-palms. He replied, "The Prophet forbade the sale of dates till their benefit becomes evident and fit for eating and also the sale of silver (for gold) on credit." I asked Ibn `Abbas about Salam for dates and he replied, "The Prophet forbade the sale of dates till they were fit for eating and could be estimated."

I asked Ibn `Umar, "When should I do the Rami of the Jimar?" He replied, "When your leader does that." I asked him again the same question. He replied, "We used to wait till the sun declined and then we would do the Rami (i.e. on the 11th and 12th of Dhul-Hijja)."

Muhammad or `Abdullah bin Abu Al-Mujalid said, "Abdullah bin Shaddad and Abu Burda differed regarding As-Salam, so they sent me to Ibn Abi `Aufa and I asked him about it. He replied, 'In the lifetime of Allah's Apostle, Abu Bakr and `Umar, we used to pay in advance the prices of wheat, barley, dried grapes and dates to be delivered later. I also asked Ibn Abza and he, too, replied as above.' "

The Prophet (saws) said: I am nearer to the believers than themselves, so if anyone leaves property, it goes to his heirs, and if anyone leaves debt and dependants, let the matter come to me and I shall be responsible.

While Allah's Apostle was proceeding at night during one of his journeys and `Umar bin Al-Khattab was traveling beside him, `Umar asked him about something but Allah's Apostle did not reply. He asked again, but he did not reply, and then he asked (for the third time) but he did not reply. On that, `Umar bin Al-Khattab said to himself, "Thakilat Ummu `Umar (May `Umar's mother lose her son)! I asked Allah's Apostle three times but he did not reply." `Umar then said, "I made my camel run faster and went ahead of the people, and I was afraid that some Qur'anic Verses might be revealed about me. But before getting involved in any other matter. I heard somebody calling me. I said to myself, 'I fear that some Qur'anic Verses have been revealed about me,' and so I went to Allah's Apostle and greeted him. He (Allah's Apostle ) said, 'Tonight a Sura has been revealed to me, and it is dearer to me than that on which the sun rises (i.e. the world)' Then he recited: "Verily, We have given you a manifest victory." (48.1)

Yahya related to me from Malik, from Ibn Shihab, that Salim ibn Abdullah heard Abu Hurayra relating to Abdullah ibn Umar how a group of three people in ihram had passed him at ar-Rabadha and had asked him for a fatwa about eating game which people who were not in ihram were eating, and he told them that they could eat it. He said, "Then I went to Umar ibn al-Khattab in Madina and asked him about it, and he said, 'What did you say to them?' and I said, 'I told them that they could eat it.' Umar said, 'If you had told them anything else I would have done you an injury.' "

Ibn `Umar asked me about some matters concerning `Umar. He said, "Since Allah's Apostle died. I have never seen anybody more serious, hard working and generous than `Umar bin Al-Khattab (till the end of his life."

A man came to the Prophet (saws) and asked: Messenger of Allah! how often shall I forgive a servant? He gave no reply, so the man repeated what he had said, but he still kept silence. When he asked a third time, he replied: Forgive him seventy times daily.

The Prophet decreed that one should not try to cancel a bargain already agreed upon between some other persons (by offering a bigger price). And a man should not ask for the hand of a girl who is already engaged to his Muslim brother, unless the first suitor gives her up, or allows him to ask for her hand.

He said: There are narrations on this topic from 'Abdullah bin 'Umar.

Abu Musa asked `Umar to admit him but he was not admitted as `Umar was busy, so Abu Musa went back. When `Umar finished his job he said, "Didn't I hear the voice of `Abdullah bin Qais? Let him come in." `Umar was told that he had left. So, he sent for him and on his arrival, he (Abu Musa) said, "We were ordered to do so (i.e. to leave if not admitted after asking permission thrice). `Umar told him, "Bring witness in proof of your statement." Abu Musa went to the Ansar's meeting places and asked them. They said, "None amongst us will give this witness except the youngest of us, Abu Sa`id Al-Khudri. Abu Musa then took Abu Sa`id Al-Khudri (to `Umar) and `Umar said, surprisingly, "Has this order of Allah's Apostle been hidden from me?" (Then he added), "I used to be busy trading in markets."

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."

Yahya related to me from Malik that Abdullah ibn Dinar said, "I heard Abdullah ibn Umar being asked what kanz was and he said, 'It is wealth on which zakat has not been paid.' "

`Umar asked the Prophet "I vowed in the Pre-Islamic period of ignorance to stay in I`tikaf for one night in Al-Masjid al-Haram." The Prophet said to him, "Fulfill your vow."