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 wall (outside the Ka`ba). "Is it regarded as part of the Ka`ba?" He replied, "Yes." I said, "Then why didn't the people include it in the Ka`ba?" He said, "(Because) your people ran short of money." I asked, "Then why is its gate so high?" He replied, ''Your people did so in order to admit to it whom they would and forbid whom they would. Were your people not still close to the period of ignorance, and were I not afraid that their hearts might deny my action, then surely I would include the wall in the Ka`ba and make its gate touch the ground."

Once I stayed overnight at the house of (my aunt ) Maimuna while the Prophet was with her, to see how was the night prayer of Allah s Apostle Allah's Apostle talked to his wife for a while and then slept. When it was the last third of the night (or part of it), the Prophet got up and looked towards the sky and recited the Verse:-- 'Verily! In the creation of the Heavens and the Earth....there are indeed signs for the men of understanding.' (3.190) Then He got up and performed the ablution, brushed his teeth and offered eleven rak`at. Then Bilal pronounced the Adhan whereupon the Prophet offered a two-rak`at (Sunna) prayer and went out to lead the people in Fajr (morning compulsory congregational prayer.

Yahya related to me from Malik that he had heard that a man came to Abdullah ibn Masud and said, "I have divorced my wife by saying I divorce you eight times." Ibn Masud said to him, "What have people told you?" He replied, "I have been told that I have to part absolutely from her." Ibn Masud said, "They have spoken the truth. A person who divorces as Allah has commanded, Allah makes it clear for him, and a person who obscures himself in error, we make stay by his error. So do not confuse yourselves and pull us into your confusion. It is as they have said."

I asked `Uthman bin `Affan about a man who engaged in the sexual intercourse with his wife but did not discharge. `Uthman replied, "He should perform ablution like that for the prayer after washing his private parts." `Uthman added, "I heard that from Allah's Apostle." I asked `Ali bin Abi Talib, Az- Zubair bin Al-`Awwam, Talha bin 'Ubaidullah and Ubai bin Ka`b and they gave the same reply. (Abu Aiyub said that he had heard that from Allah's Apostle ) (This order was canceled later on so one has to take a bath. See, Hadith No. 180).

"I heard Uthman while on the Minbar saying: 'I did not inform you about a Hadith I had heard from the Messenger of Allah (saws), out of dismay that you might part from me. Then it occurred to me that I should narrate to you so that one may choose from these matters accordingly. I heard the Messenger of Allah (saws) saying: "(Ribat) Guarding the frontier for a day in Allah's cause is beter in status than thousand days doing other than that.'"

[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib.

Muhammad bin Ism'ail said: "Abu Salih, the freed slave of 'Uthman's name is Burkan."

Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama from Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "I am but a man to whom you bring your disputes. Perhaps one of you is more eloquent in his proof than the other, so I give judgement according to what I have heard from him. Whatever I decide for him which is part of the right of his brother, he must not take any of it, for I am granting him a portion of the Fire."

Regarding the Verse:--"They ask your instruction concerning the women. Say: Allah instructs you about them and yet whom you desire to marry." (4.127) (has been revealed regarding the case of) a man who has an orphan girl, and he is her guardian and her heir. The girl shares with him all his property, even a date-palm (garden), but he dislikes to marry her and dislikes to give her in marriage to somebody else who would share with him the property she is sharing with him, and for this reason that guardian prevents that orphan girl from marrying. So, this Verse was revealed: (And Allah's statement:) "If a woman fears cruelty or desertion on her husband's part." (4.128)

I placed water for the bath of the Prophet and screened him with a garment. He poured water over his hands and washed them. After that he poured water with his right hand over his left and washed his private parts, rubbed his hands with earth and washed them, rinsed his mouth, washed his nose by putting water in it and then blowing it out and then washed his face and forearms. He poured water over his head and body. He then shifted from that place and washed his feet. I gave him a piece of cloth but he did not take it and came out removing the water (from his body) with both his hands.

Ja’far bin Muhammad reported on the authority of his father The Prophet (saws) prayed the noon and the afternoon prayers with one adhan and two iqamahs at ‘Arafah and he did not offer supererogatory prayers between them. He prayed the sunset and night prayers at Al Muzdalifah with one adhan and two iqamahs and he did not offer supererogatory prayers between them.

Abu Dawud said This tradition has been narrated by Hatim bin Isma’il as a part of the lengthy tradition. Muhammad bin ‘Ali Al Ju’fi narrated it from Ja’far from his father on the authority of Jabir, like the tradition transmitted by Hatim bin Isma’il. But this version has He offered the sunset and night prayers with one adhan and one iqamah.

`Urwa bin Az-Zubair said that he asked `Aisha about the meaning of the Qur'anic Verse:-- "And if you fear that you will not deal fairly with the orphan girls then marry (other) women of your choice." (4.2-3) Aisha said, "It is about a female orphan under the guardianship of her guardian who is inclined towards her because of her beauty and wealth, and likes to marry her with a Mahr less than what is given to women of her standard. So they (i.e. guardians) were forbidden to marry the orphans unless they paid them a full appropriate Mahr (otherwise) they were ordered to marry other women instead of them. Later on the people asked Allah's Apostle about it. So Allah revealed the following Verse:-- "They ask your instruction (O Muhammad!) regarding women. Say: Allah instructs you regarding them..." (4.127) and in this Verse Allah indicated that if the orphan girl was beautiful and wealthy, her guardian would have the desire to marry her without giving her an appropriate Mahr equal to what her peers could get, but if she was undesirable for lack of beauty or wealth, then he would not marry her, but seek to marry some other woman instead of her. So, since he did not marry her when he had no inclination towards her, he had not the right to marry her when he had an interest in her, unless he treated her justly by giving her a full Mahr and securing all her rights.

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

Muhayyasah b. Mas'ud and 'Abd Allah b. Sahl came to Khaibar and parted (from each other) among palm trees. 'Abd Allah b. Sahl was killed. The Jews were blamed (for the murder). 'Abd al-Rahman b. Sahl and Huwayyasah and Muhayyasah, the sons of his uncle (Mas'ud) came to the Prophet (saws). 'Abd al-Rahman, who was the youngest, spoke about his brother, but the Messenger of Allah (saws) said to him: (Respect) the elder, (respect) the elder or he said: Let the eldest begin. They then spoke about their friend and the Messenger of Allah (saws) said: Fifty of you should take oaths regarding a man from them (the Jews) and he should be entrusted (to him) with his rope (in his neck). They said: It is a matter which we did not see. How can we take oaths ? He said: The Jews exonerate themselves by the oaths of fifty of them. They said: Messenger of Allah! they are a people who are infidels. So the Messenger of Allah (saws) paid them bloodwit himself. Sahl said: Once I entered the resting place of their camels, and the she-camel struck me with her lef. Hammad said this or (something) similar to it.

Abu Dawud said: Another version transmitted by Yahya b. Sa'id has: Would you swear fifty oaths and make you claim regarding your friend or your slain man ? Bishr, the transmitter, did mention blood. 'Abdah transmitted it from Yahya as transmitted by Hammad. Ibn 'Uyainah has also transmitted it from Yahya, and began with his words: The Jew will exonerate themselves by fifty oaths which they will swear. He did not mention the claim.

Abu Dawud said: This is a misunderstanding on the part of Ibn 'Uyainah.

`Urwa bin Az-Zubair, Sa`id bin Al-Musaiyab, 'Al-Qama bin Waqqas and 'Ubaidullah bin `Abdullah related the narration of `Aisha, the wife the Prophet, when the slanderers had said about her what they had said and Allah later declared her innocence. Each of them related a part of the narration (wherein) the Prophet said (to `Aisha). "If you are innocent, then Allah will declare your innocence: but if you have committed a sin, then ask for Allah's Forgiveness and repent to him." `Aisha said, "By Allah, I find no example for my case except that of Joseph's father (when he said), 'So (for me) patience is most fitting.' " Then Allah revealed the ten Verses:-- "Verily those who spread the slander are a gang amongst you.." (24.11)

Allah's Apostle forbade two ways of wearing clothes and two kinds of dealings. (A) He forbade the dealings of the Mulamasa and the Munabadha. In the Mulamasa transaction the buyer just touches the garment he wants to buy at night or by daytime, and that touch would oblige him to buy it. In the Munabadha, one man throws his garment at another and the latter throws his at the former and the barter is complete and valid without examining the two objects or being satisfied with them (B) The two ways of wearing clothes were Ishtimal-as-Samma, i e., to cover one's shoulder with one's garment and leave the other bare: and the other way was to wrap oneself with a garment while one was sitting in such a way that nothing of that garment would cover one's private part.

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."

Yahya related to me from Malik from Abu'n Nadr, the mawla of Umar ibn Ubaydullah, from Malik ibn Abi Amir that Uthman ibn Affan used to say in khutbas, and he would seldom omit it if he was giving the khutba, "When the imam stands delivering the khutba on the day of jumua, listen and pay attention, for there is the same portion for someone who pays attention but cannot hear as for someone who pays attention and hears. And when the iqama of the prayer is called, straighten your rows and make your shoulders adjacent to each other, because the straightening of the rows is part of the completion of the prayer." Then he would not say the takbir until some men who had been entrusted with straightening the rows came and told him that they were straight. Then he would say the takbir.

Yahya related to me from Malik from al-Miswar ibn Rifaa al- Quradhi from az-Zubayr ibn Abd ar-Rahman ibn az-Zubayr that Rifaa ibn Simwal divorced his wife, Tamima bint Wahb, in the time of the Messenger of Allah, may Allah bless him and grant him peace, three times. Then she married Abd ar-Rahman ibn az-Zubayr and he turned from her and could not consummate the marriage and so he parted from her. Rifaa wanted to marry her again and it was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he forbade him to marry her. He said, "She is not halal for you until she has tasted the sweetness of intercourse."

I asked Az-Zuhri, "Did the Prophet ever offer the Fear Prayer?" Az-Zuhri said, "I was told by Salim that `Abdullah bin `Umar I had said, 'I took part in a holy battle with Allah's Apostle I in Najd. We faced the enemy and arranged ourselves in rows. Then Allah's Apostle (p.b.u.h) stood up to lead the prayer and one party stood to pray with him while the other faced the enemy. Allah's Apostle (p.b.u.h) and the former party bowed and performed two prostrations. Then that party left and took the place of those who had not prayed. Allah's Apostle prayed one rak`a (with the latter) and performed two prostrations and finished his prayer with Taslim. Then everyone of them bowed once and performed two prostrations individually.' "

I intended to buy Barirah but her masters stipulated that her Wala should be for them. When the Prophet was told about it, he said to me, "Buy and manumit her, as the Wala' is for the liberator." Once Barirah was given some meat, and the Prophet asked, "What is this?" I said, "It has been given to Barirah in charity." He said, "It is sadaqa for her but a gift for us." Barirah was given the option (to stay with her husband or to part with him). `Abdur-Rahman (a sub-narrator) wondered, "Was her husband a slave or a free man?" Shu`ba (another sub-narrator) said, "I asked `Abdur-Rahman whether her husband was a slave or a free man. He replied that he did not know whether he was a slave or a free man."

While the Prophet was prostrating, surrounded by some of Quraish, `Uqba bin Abi Mu'ait brought the intestines (i.e. Abdominal contents) of a camel and put them over the back of the Prophet. The Prophet did not raise his head, (till) Fatima, came and took it off his back and cursed the one who had done the harm. The Prophet said, "O Allah! Destroy the chiefs of Quraish, Abu Jahl bin Hisham, `Utba bin Rabi`al, Shaba bin Rabi`a, Umaiya bin Khalaf or Ubai bin Khalaf." (The sub-narrator Shu`ba, is not sure of the last name.) I saw these people killed on the day of Badr battle and thrown in the well except Umaiya or Ubai whose body parts were mutilated but he was not thrown in the well.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."

Safwan ibn Umayyah sent him with some milk, a young gazelle and some small cucumbers to the Messenger of Allah (saws) when he was in the upper part of Mecca. I entered but I did not give a salutation. He said: Go back and say: "Peace be upon you"! This happened after Safwan ibn Umayyah and embraced Islam. Amr said: Ibn Safwan told me all this on the authority of Kaladah ibn Hanbal, and he did not say: I heard it from him.

Abu Dawud said: Yahya b. Habib said: Umayyah b. Safwan. He did not say: I heard from Kaladah b. Hanbal. Yahya also said: 'Amr b. 'Abd Allah b. Safwan told him that Kaladah b. al-Hanbal told him.

`Aisha, (complaining of headache) said, "Oh, my head"! Allah's Apostle said, "I wish that had happened while I was still living, for then I would ask Allah's Forgiveness for you and invoke Allah for you." Aisha said, "Wa thuklayah! By Allah, I think you want me to die; and If this should happen, you would spend the last part of the day sleeping with one of your wives!" The Prophet said, "Nay, I should say, 'Oh my head!' I felt like sending for Abu Bakr and his son, and appoint him as my successor lest some people claimed something or some others wished something, but then I said (to myself), 'Allah would not allow it to be otherwise, and the Muslims would prevent it to be otherwise".

I placed water for the bath of Allah's Apostle and put a screen. He poured water over his hands, and washed them once or twice. (The sub-narrator added that he did not remember if she had said thrice or not). Then he poured water with his right hand over his left one and washed his private parts. He rubbed his hand over the earth or the wall and washed it. He rinsed his mouth and washed his nose by putting water in it and blowing it out. He washed his face, forearms and head. He poured water over his body and then withdrew from that place and washed his feet. I presented him a piece of cloth (towel) and he pointed with his hand (that he does not want it) and did not take it.

When the Messenger of Allah (saws) got up to pray at night (for tahajjud prayer) he uttered the takbir and then said: "Glory be to Thee, O Allah," and "Praise be to Thee" and "Blessed is Thy name," and Exalted is Thy greatness." and "There is no god but Thee." He then said: "There is no god but Allah" three times; he then said: "Allah is altogether great" three times: "I seek refuge in Allah, All-Hearing and All-Knowing from the accursed devil, from his evil suggestion (hamz), from his puffing up (nafkh), and from his spitting (nafth)" He then recited (the Qur'an).

Abu Dawud said: It is said that this tradition has been narrated by 'Ali b. 'Ali from al-Hasan omitting the name of the Companion of the Prophet (saws). The misunderstanding occurred on the part of Ja'far.

Abdullah ibn Dinar said: The sun set when I was with Abdullah ibn Umar. We proceeded, and when we saw that the evening came, we said prayer. He went on travelling until the twilight disappeared and the stars became thick. He then slighted and combined the two prayers. Then he said: I saw the Messenger of Allah (saws); when he hastened his travelling, he would pray like this prayer of mine. He said: He would combine the two prayers after the passing of a part of night. AbuDawud said: This has been transmitted by Asim ibn Muhammad from his brother on the authority of Salim and this has also been narrated by Ibn AbuNajih from Isma'il ibn AbdurRahman ibn Dhuwayb saying that Ibn Umar would combine the two prayers after the disappearance of twilight.

Sabra b. Ma'bad reported that Allah's Apostle (may peace be upon him) permitted his Companions to contract temporary marriage with women in the Year of Victory. So I and a friend of mine from Banu Sulaim went out, until we found a young woman of Banu Amir who was like a young she-camel having a long neck. We proposed to her for contracting temporary marriage with us, and presented to her our cloaks (as dower). She began to look and found me more handsome than my friend, but found the cloak of my friend more beautiful than my cloak. She thought in her mind for a while, but then preferred me to my friend. So I remained with her for three (nights), and then Allah's Messenger (may peace be upon him) commanded us to part with them (such women).

The Prophet said, "Your example and the example of the people of the two Scriptures (i.e. Jews and Christians) is like the example of a man who employed some laborers and asked them, 'Who will work for me from morning till midday for one Qirat?' The Jews accepted and carried out the work. He then asked, Who will work for me from midday up to the `Asr prayer for one Qirat?' The Christians accepted and fulfilled the work. He then said, 'Who will work for me from the `Asr till sunset for two Qirats?' You, Muslims have accepted the offer. The Jews and the Christians got angry and said, 'Why should we work more and get lesser wages?' (Allah) said, 'Have I withheld part of your right?' They replied in the negative. He said, 'It is My Blessing, I bestow upon whomever I wish .'

The Prophet said, "Whoever believes in Allah and His Apostle, offer prayer perfectly and fasts the month of Ramadan, will rightfully be granted Paradise by Allah, no matter whether he fights in Allah's Cause or remains in the land where he is born." The people said, "O Allah's Apostle ! Shall we acquaint the people with the is good news?" He said, "Paradise has one-hundred grades which Allah has reserved for the Mujahidin who fight in His Cause, and the distance between each of two grades is like the distance between the Heaven and the Earth. So, when you ask Allah (for something), ask for Al-firdaus which is the best and highest part of Paradise." (i.e. The sub-narrator added, "I think the Prophet also said, 'Above it (i.e. Al-Firdaus) is the Throne of Beneficent (i.e. Allah), and from it originate the rivers of Paradise.")

We used to worship stones, and when we found a better stone than the first one, we would throw the first one and take the latter, but if we could not get a stone then we would collect some earth (i.e. soil) and then bring a sheep and milk that sheep over it, and perform the Tawaf around it. When the month of Rajab came, we used (to stop the military actions), calling this month the iron remover, for we used to remove and throw away the iron parts of every spear and arrow in the month of Rajab. Abu Raja' added: When the Prophet sent with (Allah's) Message, I was a boy working as a shepherd of my family camels. When we heard the news about the appearance of the Prophet, we ran to the fire, i.e. to Musailima al-Kadhdhab.

Abu Dawud said: It has also been narrated by Abu al-Walid al-Tayalisi, but I did not hear him. He reported it from 'Aishah through a different chain of narrators. 'Aishah said: Zainab daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) said to her: Take bath for every prayer. The narrator then reported the tradition (in full).

Abu Dawud said: The version transmitted by 'Abd al-Samad from Sulaiman b. Kathir has: "Perform ablution for every prayer." This is a misunderstanding on the part of 'Abd al-Samad. The correct version is the one narrated by Abu al-Walid.

Allah's Apostle went out along with a group of his companions towards `Ukaz Market. At that time something intervened between the devils and the news of the Heaven, and flames were sent down upon them, so the devils returned. Their fellow-devils said, "What is wrong with you? " They said, "Something has intervened between us and the news of the Heaven, and fires (flames) have been shot at us." Their fellow-devils said, "Nothing has intervened between you and the news of the Heaven, but an important event has happened. Therefore, travel all over the world, east and west, and try to find out what has happened." And so they set out and travelled all over the world, east and west, looking for that thing which intervened between them and the news of the Heaven. Those of the devils who had set out towards Tihama, went to Allah's Apostle at Nakhla (a place between Mecca and Taif) while he was on his way to `Ukaz Market. (They met him) while he was offering the Fajr prayer with his companions. When they heard the Holy Qur'an being recited (by Allah's Apostle), they listened to it and said (to each other). This is the thing which has intervened between you and the news of the Heavens." Then they returned to their people and said, "O our people! We have really heard a wonderful recital (Qur'an). It gives guidance to the right, and we have believed therein. We shall not join in worship, anybody with our Lord." (See 72.1-2) Then Allah revealed to His Prophet (Surat al- Jinn): 'Say: It has been revealed to me that a group (3 to 9) of Jinns listened (to the Qur'an).' (72.1) The statement of the Jinns was revealed to him .