Yahya said, "Malik said from Hisham ibn Urwa that Abdullah ibn az-Zubayr gave judgment based on the testimony of children concerning the injuries between them."

Malik said, "The generally agreed on way of doing things in our community is that the testimony of children is permitted concerning injuries between them. It is not accepted about anything else. It is only permitted between them if they testify before they leave the scene of the incident and have been deceived or instructed. If they leave the scene, they have no testimony unless they call just witnesses to witness their testimony before they leave."

Malik related to me, "Ibn Shihab did not think and nor do I, that there is a generally agreed on way of doing things regarding a piercing wound in any of the organs or limbs of the body, but I think that there is ijtihad in the case. The imam uses ijtihad in it, and there is no generally agreed on way of doing things in our community about it."

Malik said, "What is done in our community about the wound to the brain and the wound which splinters the bone, and the wound that bares the bone is that they apply only to the head and face. Whatever of that occurs in the body only has ijtihad in it."

Malik said, "I do not think the lower jaw and the nose are part of the head in their injury because they are separate bones, and except for them the head is one bone."

I asked the Prophet about the game killed by a Mi'rad (i.e. a sharp-edged piece of wood or a piece of wood provided with a sharp piece of iron used for hunting). He said, "If the game is killed with its sharp edge, eat of it, but if it is killed with its shaft, with a hit by its broad side then the game is (unlawful to eat) for it has been beaten to death." I asked him about the game killed by a trained hound. He said, "If the hound catches the game for you, eat of it, for killing the game by the hound, is like its slaughtering. But if you see with your hound or hounds another dog, and you are afraid that it might have shared in hunting the game with your hound and killed it, then you should not eat of it, because you have mentioned Allah's name on (sending) your hound only, but you have not mentioned it on some other hound.

The Prophet said, "Whoever slaughtered the sacrifice before the `Id prayer, should repeat it (slaughter another one)." A man said "This is the day on which meat is desired." Then he mentioned the need of his neighbors (for meat) and the Prophet seemed to accept his excuse. The man said, "I have a Jadha'a which is to me better than two sheep." The Prophet allowed him (to slaughter it as a sacrifice). But I do not know whether this permission was general for all Muslims or not. The Prophet then went towards two rams and slaughtered them, and the people went towards their sheep and slaughtered them.

that he came to `Aisha and said to her, "O Mother of the Believers! There is a man who sends a Hadi to Ka`ba and stays in his city and requests that his Hadi camel be garlanded while he remains in a state of Ihram from that day till the people finish their Ihram (after completing all the ceremonies of Hajj)" (What do you say about it?) Masruq added, I heard the clapping of her hands behind the curtain. She said, "I used to twist the garlands for the Hadi of Allah's Apostle and he used to send his Hadi to Ka`ba but he never used to regard as unlawful what was lawful for men to do with their wives till the people returned (from the Hajj).

Allah's Apostle said, "Soon the river "Euphrates" will disclose the treasure (the mountain) of gold, so whoever will be present at that time should not take anything of it." Al-A'raj narrated from Abii Huraira that the Prophet said the same but he said, "It (Euphrates) will uncover a mountain of gold (under it).

Yahya related to me from Malik from Ibn Shihab from Qabisa ibn Dhu'ayb that a man asked Uthman ibn Affan whether one could have intercourse with two sisters who one owned. Uthman said, "One ayat makes them halal, and one ayat makes them haram. As for me, I wouldn't like to do it." The man left him and met one of the companions of the Messenger of Allah, may Allah bless him and grant him peace, and asked him about it, and he said, "Had I any authority and I found someone who had done it, I would punish him as an example."

Ibn Shihab added, "I think that it was Ali ibn Abi Talib. "

The Prophet saw expectoration (on the wall of the mosque) in the direction of the Qibla and scraped it off with his hand. It seemed that he disliked it and the sign of disgust was apparent from his face. He said, "If anyone of you stands for the prayer, he is speaking in private to his Lord, (or) his Lord is between him and his Qibla, therefore he should not spit towards his Qibla, but he could spit either on his left or under his foot." Then he took the corner of his sheet and spat in it, folded it and said, "Or do this."

That the Messenger of Allah (saws) said: "As for me, I do not eat while reclining."

He said: There are narrations on this topic from 'Ali, 'Abdullah bin 'Amr, and 'Abdullah bin Al-'Abbas.

[Abu 'Eisa said:] This Hadith is Hasan Sahih, we do not know of it except as a narration of 'Ali bin Al-Aqmar. Zakariyya bin Abi Za'idah, Sufyan bin Sa'eed, and other reported this Hadith from 'Ali bin Al-Aqmar. And Shu'bah reported this Hadith from Sufyan Ath-Thawri from 'Ali bin Al-Aqmar.

"I saw the Messenger of Allah (saws) taking from the sides around the dish - meaning the gourd. Since then I still like it."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been reported through more than one route from Anas bin Malik.

The Prophet said, "The example of a miser and the one who gives in charity, is like the example of two men wearing iron cloaks so tightly that their arms are raised forcibly towards their collar-bones. So, whenever a charitable person wants to give in charity, his cloak spreads over his body so much so that it wipes out his traces, but whenever the miser wants to give in charity, the rings (of the iron cloak) come closer to each other and press over his body, and his hands gets connected to his collarbones. Abu Huraira heard the Prophet saying. "The miser then tries to widen it but in vain."

We were afflicted with hunger during the besiege of Khaibar, and when it was the day of (the battle of) Khaibar, we slaughtered the donkeys and when the pots got boiling (with their meat). Allah's Apostle made an announcement that all the pots should be upset and that nobody should eat anything of the meat of the donkeys. We thought that the Prophet prohibited that because the Khumus had not been taken out of the booty (i.e. donkeys); other people said, "He prohibited eating them for ever." The sub-narrator added, "I asked Sa`id bin Jubair who said, 'He has made the eating of donkeys' meat illegal for ever.")

I said to the Messenger of Allah: I have a place in the desert where I live and in which I pray, with the praise of Allah; but give me command about a night when I come to this mosque.

He replied: Come on the twenty third night.

I (a sub-narrator, Muhammad ibn Ibrahim) said to his (Abdullah ibn Unays's) son: How would your father act?

He replied: He used to enter the mosque when he had offered the afternoon prayer, and did not leave it for any purpose till he prayed the morning prayer. Then when he had prayed the morning prayer, he found his riding beast at the door of the mosque, mounted it and got back to his desert.

Sulayman ibn AbuAbdullah said: I saw Sa'd ibn AbuWaqqas seized a man hunting in the sacred territory of Medina which the Messenger of Allah (saws) had declared to be sacred. He took away his clothes from him. His patrons came to him and spoke to him about it, but he replied: The Messenger of Allah (saws) declared this territory to be sacred, saying: If anyone catches someone hunting in it he should take away from him his clothes. So I shall not return to you a provision which the Messenger of Allah (saws) has given me, but if you wish I shall pay you its price.

On the days of the conquest of Mecca, when Mecca was captured, Fatimah came and sat on the left side of the Messenger of Allah (saws), and Umm Hani was on his right side. A slave-girl brought a vessel which contained some drink; she gave it to him and he drank of it. He then gave it to Umm Hani who drank of it. She said: Messenger of Allah, I have broken my fast; I was fasting. He said to her: Were you making atonement for something? She replied: No. He said: Then it does not harm you if it was voluntary (fast).

That Zayd ibn Thabit said: May Allah forgive Rafi' ibn Khadij. I swear by Allah, I have more knowledge of Hadith than him. Two persons of the Ansar (according to the version of Musaddad) came to him who were disputing with each other. The Messenger of Allah (saws) said: If this is your position, then do not lease the agricultural land. The version of Musaddad has: So he (Rafi' ibn Khadij) heard his statement: Do not lease agricultural lands.

The Prophet (saws) said: What the sea throws up and is left by the tide you may eat, but what dies in the sea and floats you must not eat.

Abu Dawud said: This tradition has been transmitted by Sufyan al-Thawri, Ayyub and Hammad from Abu al-Zubair as the statement of Jabor himself (and not from the Prophet). It has been also transmitted direct from the Prophet (saws) through a weak chain by Abu Dhi'b, from Abu al-Zubair on the authority if Jabir from the Prophet (saws).

I then asked: Messenger of Allah, (what should we do), if the people are assembled together?

He replied: If it is within your power that no one looks at it, then no one should look at it.

I then asked: Messenger of Allah if one of us is alone, (what should he do)?

He replied: Allah is more entitled than people that bashfulness should be shown to him.

The Messenger of Allah (saws) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.

`Aisha said, "Allah's Apostle used to take the permission of that wife with whom he was supposed to stay overnight if he wanted to go to one other than her, after this Verse was revealed:-- "You (O Muhammad) can postpone (the turn of) whom you will of them (your wives) and you may receive any (of them) whom you will; and there is no blame on you if you invite one whose turn you have set aside (temporarily). (33.51) I asked Aisha, "What did you use to say (in this case)?" She said, "I used to say to him, "If I could deny you the permission (to go to your other wives) I would not allow your favor to be bestowed on any other person."

I said, "O Allah's Apostle! Do you like to have (my sister) the daughter of Abu Sufyan?" The Prophet said, "What shall I do (with her)?" I said, "Marry her." He said, "Do you like that?" I said, "(Yes), for even now I am not your only wife, so I like that my sister should share you with me." He said, "She is not lawful for me (to marry)." I said, "We have heard that you want to marry." He said, "The daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she should be unlawful for me to marry, for Thuwaiba suckled me and her father (Abu Salama). So you should neither present your daughters, nor your sisters, to me."

The Prophet said on the day of Nahr, "Whoever has slaughtered his sacrifice before the prayer, should repeat it (slaughter another sacrifice)." A man got up and said, "O Allah's Apostle! This is a day on which meat is desired." He then mentioned his neighbors saying, "I have a six month old ram which is to me better than the meat of two sheep." The Prophet allowed him to slaughter it as a sacrifice, but I do not know whether this permission was valid for other than that man or not. The Prophet then went towards two rams and slaughtered them, and then the people went towards some sheep and distributed them among themselves.

Allah's Apostle forbade the use of (certain) containers, but the Ansar said, "We cannot dispense with them." The Prophet then said, "If so, then use them."

Allah's Apostle said, "Allah will say to the people of Paradise, 'O the people of Paradise!' They will say, 'Labbaik, O our Lord, and Sa`daik!' Allah will say, 'Are you pleased?" They will say, 'Why should we not be pleased since You have given us what You have not given to anyone of Your creation?' Allah will say, 'I will give you something better than that.' They will reply, 'O our Lord! And what is better than that?' Allah will say, 'I will bestow My pleasure and contentment upon you so that I will never be angry with you after for-ever.' "

(regarding the Verse):-- 'Neither say your prayer aloud, nor say it in a low tone.' (17.110) This Verse was revealed while Allah's Apostle was hiding himself in Mecca, and when he raised his voice while reciting the Qur'an, the pagans would hear him and abuse the Qur'an and its Revealer and to the one who brought it. So Allah said:-- 'Neither say your prayer aloud, nor say it in a low tone.' (17.110) That is, 'Do not say your prayer so loudly that the pagans can hear you, nor say it in such a low tone that your companions do not hear you.' But seek a middle course between those (extremes), i.e., let your companions hear, but do not relate the Qur'an loudly, so that they may learn it from you.

Whoever tells you that the Prophet concealed something of the Divine Inspiration, do not believe him, for Allah said: 'O Apostle Muhammad! Proclaim (the Message) which has been sent down to you from your Lord, and if you do it not, then you have not conveyed His Message.' (5.67)

Abu Dawud said: Sufyan Ath-Thawri said: "A person arrogantly walks in front of me while I am praying, so I stop him, and a weak person passes, so I dont stop him."

(the wife of the Prophet) "Whenever Allah's Apostle intended to go on a journey, he would draw lots amongst his wives and would take with him the one upon whom the lot fell. During a Ghazwa of his, he drew lots amongst us and the lot fell upon me, and I proceeded with him after Allah had decreed the use of the veil by women. I was carried in a Howdah (on the camel) and dismounted while still in it. When Allah's Apostle was through with his Ghazwa and returned home, and we approached the city of Medina, Allah's Apostle ordered us to proceed at night. When the order of setting off was given, I walked till I was past the army to answer the call of nature. After finishing I returned (to the camp) to depart (with the others) and suddenly realized that my necklace over my chest was missing. So, I returned to look for it and was delayed because of that. The people who used to carry me on the camel, came to my Howdah and put it on the back of the camel, thinking that I was in it, as, at that time, women were light in weight, and thin and lean, and did not use to eat much. So, those people did not feel the difference in the heaviness of the Howdah while lifting it, and they put it over the camel. At that time I was a young lady. They set the camel moving and proceeded on. I found my necklace after the army had gone, and came to their camp to find nobody. So, I went to the place where I used to stay, thinking that they would discover my absence and come back in my search. While in that state, I felt sleepy and slept. Safwan bin Mu'attal As-Sulami Adh-Dhakwani was behind the army and reached my abode in the morning. When he saw a sleeping person, he came to me, and he used to see me before veiling. So, I got up when I heard him saying, "Inna lil-lah-wa inn a ilaihi rajiun (We are for Allah, and we will return to Him)." He made his camel knell down. He got down from his camel, and put his leg on the front legs of the camel and then I rode and sat over it. Safwan set out walking, leading the camel by the rope till we reached the army who had halted to take rest at midday. Then whoever was meant for destruction, fell into destruction, (some people accused me falsely) and the leader of the false accusers was `Abdullah bin Ubai bin Salul. After that we returned to Medina, and I became ill for one month while the people were spreading the forged statements of the false accusers. I was feeling during ...

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased ...