Anas reported that the Apostle of Allah (may peace be upon him) was not accustomed to raice his hands in any supplication he made except when praying for rain. (He would then raise [his hands] high enough) that the whiteness of his armpits became visible. 'Abd al-A'la said that (he was in doubt whether it was) the whiteness of his armpit or armpits.

Yahya related to me from Malik that he had heard that Abu Bakr ibn Abd ar-Rahman and Sulayman ibn Yasar and Ibn Shihab used to say, "When the divorced woman enters the beginning of her third period, she is clearly separated from her husband and there is no inheritance between them and he has no access to her."

Yahya related to me from Malik from Alqama ibn Abi Alqama that his mother said, "Hafsa bint Abd ar-Rahman visited A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and Hafsa was wearing a long thin head scarf. A'isha tore it in two and made a thick one for her."

Yahya related to me from Malik that he heard that Umar ibn Abd al-Aziz gave a decision that when a jew or christian was killed, his blood-money was half the blood-money of a free muslim.

Malik said, "What is done in our community, is that a muslim is not killed for a kafir unless the muslim kills him by deceit. Then he is killed for it."

Yahya related to me from Malik from Ibn Shihab that Said al-Musayyab and Abu Bakr ibn Abd ar-Rahman said about a man who made a vow to abstain from intercourse with his wife, "If four months pass it is a divorce. The husband can go back to his wife as long as she is in her idda."

I asked Zirr about the Statement of Allah: 'And was at a distance of but two bow-lengths or (even) nearer. So did Allah convey the Inspiration to His slave (Gabriel) and then he (Gabriel) conveyed that to Muhammad.' (53.10) He said, "Abdullah (bin Mas`ud) informed us that Muhammad had seen Gabriel with six hundred wings."

Two women from Hudhail fought with each other and one of them hit the other with a stone that killed her and what was in her womb. The relatives of the killer and the relatives of the victim submitted their case to the Prophet who judged that the Diya for the fetus was a male or female slave, and the Diya for the killed woman was to be paid by the 'Asaba (near relatives) of the killer.

The Prophet used to take the Pledge of allegiance from the women by words only after reciting this Holy Verse:--(60.12) "..that they will not associate anything in worship with Allah." (60.12) And the hand of Allah's Apostle did not touch any woman's hand except the hand of that woman his right hand possessed. (i.e. his captives or his lady slaves).

The freed slave of Usama bin Zaid said,

"Al-Hajjaj bin Aiman bin Um Aiman and Aiman Ibn Um Aiman was Usama's brother from the maternal side, and he was one of the Ansar. He was seen by Ibn 'Umar not performing his bowing and prostrations in a perfect manner. So Ibn 'Umar told him to repeat his prayer.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab, and from Abu Salama ibn Abd ar-Rahman, the same as that.

Malik said, "Every forgetfulness which decreases from the prayer, prostrations for it come before the greeting, and every forgetfulness which is an addition to the prayer, prostrations for it come after the greeting."

Yahya related to me from Malik from Yahya ibn Said from Amr ibn Shuayb that the Messenger of Allah, may Allah bless him and grant him peace, said, when he asked for rain, "O Allah, give water to Your slaves and Your animals, and spread Your mercy, and give life to Your dead land."

Yahya related to me from Malik from Yahya ibn Said from Abu Salama ibn Abd ar-Rahman that he heard A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, "I used to have to make up days from Ramadan and not be able to do them until Shaban came."

Yahya related to me from Malik, from Sumayy, the mawla of Abu Bakr ibn Abd ar-Rahman, from Abu Salih as-Samman, from Abu Hurayra, that the Messenger of Allah, may Allah bless him and grant him peace ,said, "Umra is an expiation for what is between it and the next umra, and the only reward for an accepted hajj is the Garden."

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.

(the slave of Ibn Azhar) I witnessed the `Id with `Umar bin Al-Khattab who said, Allah's Apostle has forbidden people to fast on the day on which you break fasting (the fasts of Ramadan) and the day on which you eat the meat of your sacrifices (the first day of `Id ul Fitr and `Id ul-Adha).

Ibn Umar (Allah be pleased with them) reported that al-'A'bbas b. Abd al-Muttalib (Allah be pleased with him) sought permission from Allah's Messenger (may peace be upon him) to spend in Mecca the nights (which be was required to spend) at Mina on account of his office of supplier of water, and he (the Holy Prophet) granted him permission.

Aisha, (mother of the faithful believers) wanted to buy a slave girl and manumit her, but her masters said that they would sell her only on the condition that her Wala' would be for them. `Aisha told Allah's Apostle of that. He said, "What they stipulate should not hinder you from buying her, as the Wala' is for the manumitted."

Through the same chain of narrators as mentioned before, i.e. Samurah reported the Messenger of Allah (saws) as saying: If anyone castrates his slave, we shall castrate him. He then mentioned the rest of the tradition like that of Sh'ubah and Hammad.

Abu Dawud said: Abu Dawud al-Tayalisi transmitted it from Hisham like the tradition of Mu'adh.

On his father's authority, said that his grandfather 'Abd Allah b. 'Amr reported the Messenger of Allah (saws) as saying: The proviso of a loan combined with a sale is not allowable, nor two conditions relating to one transaction, nor profit arising from something which is not in one's charge, nor selling what is not in your possession.

There were good relations and brotherhood between this tribe of Jurm and the Ash`ariyyin. Once, while we were sitting with Abu Musa Al-Ash`ari, there was brought to him a meal which contained chicken meat, and there was sitting beside him, a man from the tribe of Bani Taimul-lah who looked like one of the Mawali. Abu Musa invited the man to eat but the man said, "I have seen chicken eating some dirty things, and I have taken an oath not to eat chicken." Abu Musa said to him, "Come along, let me tell you something in this regard. Once I went to the Prophet with a few men from Ash`ariyyin and we asked him for mounts. The Prophet said, By Allah, I will not mount you on anything; besides I do not have anything to mount you on.' Then a few camels from the war booty were brought to the Prophet, and he asked about us, saying, 'Where are the group of Ash`ariyyin?' So he ordered for five fat camels to be given to us and then we set out. We said, 'What have we done? Allah's Apostle took an oath that he would not give us anything to ride and that he had nothing for us to ride, yet he provided us with mounts. We made Allah's Apostle forget his oath! By Allah, we will never be successful.' So we returned to him and reminded him of his oath. He said, 'I have not provided you with the mount, but Allah has done so. By Allah, I may take an oath to do something, but on finding something else which is better, I do that which is better and make the expiation for my oath.' "

AbuUmamah ibn Sahl ibn Hunayf said that some companions of the Messenger of Allah (saws) told that one of their men suffered so much from some illness that he pined away until he was skin and bone (i.e. only a skeleton). A slave-girl of someone visited him, and he was cheered by her and had unlawful intercourse with her. When his people came to visit the patient, he told them about it.

He said: Ask the Messenger of Allah (saws) about the legal verdict for me, for I have had unlawful intercourse with a slave-girl who visited me.

So they mentioned it to the Messenger of Allah (saws) saying: We have never seen anyone (so weak) from illness as he is. If we bring him to you, his bones will disintegrate. He is only skin and bone. So the Messenger of Allah (saws) commanded them to take one hundred twigs and strike him once.

108 Yahya related to me from Malik that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, visited Umm Salama while she was in mourning for Abu Salama and she had put aloes on her eyes. He said, "What is this, Umm Salama?" She said, "It is only aloes, Messenger of Allah." He said, "Put it on at night and wipe it off in the daytime."

Malik said, "The mourning of a young girl who has not yet had a menstrual period takes the same form as the mourning of one who has had a period. She avoids what a mature woman avoids if her husband dies."

Malik said, "A slave-girl mourns her husband when he dies for two months and five nights like her idda.''

Malik said, "An umm walad does not have to mourn when her master dies, and a slave-girl does not have to mourn when her master dies. Mourning is for those with husbands."

Malik related to me from Abd ar-Rahman ibn Muhammad ibn Abdullah ibn Abd al-Qari that his father said, "A man came to Umar ibn al- Khattab from Abu Musa al-Ashari. Umar asked after various people, and he informed him. Then Umar inquired, 'Do you have any recent news?' He said, 'Yes. A man has become a kafir after his Islam.' Umar asked, 'What have you done with him?' He said, 'We let him approach and struck off his head.' Umar said, 'Didn't you imprison him for three days and feed him a loaf of bread every day and call on him to tawba that he might turn in tawba and return to the command of Allah?' Then Umar said, 'O Allah! I was not present and I did not order it and I am not pleased since it has come to me!' "

Malik related to me from Hisham ibn Urwa from his father from Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a she-camel belonging to a man from the Muzayna tribe and they slaughtered it. The case was brought before Umar ibn al-Khattab, and Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said to Habib, "I think you must be starving them," and he added, "By Allah! I will make you pay such a fine that it will be heavy for you." He enquired of the man from the Muzayna tribe, "What was the price of your camel?" The Muzayni said, "By Allah, I refused to sell her for 400 dirhams.'' Umar said, ''Give him 800 dirhams."

Yahya said that he heard Malik say, "Doubling the price is not the behaviour of our community. What people have settled on among us is that the man is obliged to pay the value of the camel or animal on the day he took it."

Malik related to me from Hilal ibn Usama from Ata ibn Yasar that Umar ibn al-Hakam said, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, a slave girl of mine was tending my sheep. I came to her and one of the sheep was lost. I asked her about it and she said that a wolf had eaten it, so I became angry and I am one of the children of Adam, so I struck her on the face. As it happens, I have to set a slave free, shall I free her?' The Messenger of Allah, may Allah bless him and grant him peace, questioned her, 'Where is Allah?' She said, 'In heaven.' He said, 'Who am I?' She said, 'You are the Messenger of Allah.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Free her.' "

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that a man who had had intercourse with a virgin slave- girl and made her pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication, and he was not muhsan. Abu Bakr gave the order and he was flogged with the hadd punishment. Then he was banished to Fadak, (thirty miles from Madina).

Malik spoke about a person who confessed to fornication and then retracted it and said, "I didn't do it. I said that for such-and-such a reason," and he mentioned the reason. Malik said, "That is accepted from him and the hadd is not imposed on him. That is because the hadd is what is for Allah, and it is only applied by one of two means, either by a clear proof which establishes guilt or by a confession which is persisted in so that the hadd is imposed. If someone persists in his confession, the hadd is imposed on him."

Malik said, "I have not seen the people of knowledge exiling slaves who have committed adultery."

Allah's Apostle said, "Allah said, 'I will declare war against him who shows hostility to a pious worshipper of Mine. And the most beloved things with which My slave comes nearer to Me, is what I have enjoined upon him; and My slave keeps on coming closer to Me through performing Nawafil (praying or doing extra deeds besides what is obligatory) till I love him, so I become his sense of hearing with which he hears, and his sense of sight with which he sees, and his hand with which he grips, and his leg with which he walks; and if he asks Me, I will give him, and if he asks My protection (Refuge), I will protect him; (i.e. give him My Refuge) and I do not hesitate to do anything as I hesitate to take the soul of the believer, for he hates death, and I hate to disappoint him."

Yahya related to me from Malik from Yahya ibn Said al-Ansari that al-Qasim ibn Muhammad ibn Muhammad told him that A'isha, the wife of the prophet, may Allah bless him and grant him peace, used to say in the tashahhud, "Greetings, good words, prayers, pure actions belong to Allah. I testify that there is no god except Allah, alone without partner, and I testify that Muhammad is the slave of Allah and His Messenger. Peace be upon you, Prophet, and the mercy of Allah and His blessings. Peace be upon us and on the slaves of Allah who are salihun . Peace be upon you . "

"At-tahiyatu, at-tayibatu, as- salawatu, az-zakiyatu lillah. Ash-hadu an la ilaha illa'llah, wahdahu la sharika llah wa ash-hadu anna Muhammadan abduhu wa rasuluhu. As- salamu alayka ayyuha-n-nabiyyu wa rahmatu-llahi wa barakatuhu. As- salamu alayna wa ala ibadi-llahi's-salihin. As-salamu alaykum."

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

That the Prophet (saws) said: "When the penalty (of blood money) goes to a Mukatab, or an inheritance, then he inherits in accordance with as much as he is freed from it." And the Prophet (saws) said: "The Mukatab is given the blood-money of a free person in accordance to what he has paid (for his freedom), and that of a slave in accordance to what remains."

[He said:] There is something on this from Umm Salamah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Hadith. This is how it was reported from Yahya bin Abi Kathir from 'Ikrimah, from Ibn 'Abbas, from the Prophet (saws).

Khalid bin Al-Hadh-dha' reported it from 'Ikrimah, from 'Ali as his saying.

This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others.

Most of the people of knowledge among the Companions of the Prophet (saws) and others said that the Mukatab remains a slave as long as he still owes a Dirham. This is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq.

The Prophet (saws) said: A person who performs umrah should shout talbiyah till he touches the Black Stone.

Abu Dawud said: This tradition has been transmitted by 'Abd al-Malik b. Abi Sulaiman and Hammam from 'Ata on the authority of Ibn 'Abbas as his own statement (i.e. the tradition was not attributed to the Prophet)

Abu Dawud said : The name of Abu KAthir al-Ubari is Yazid b. ‘Abd al-Rahman b. Ghufailat al-Sahmi. Some said: Uzainah. What is correct is Ghufailah.