Yahya related to me from Malik, from Yahya ibn Said, from Muhammad ibn Ibrahim ibn al-Harith at-Taymi, that Rabia ibn Abdullah ibn al-Hudayr once saw a man in a state of ihram in Iraq. So he asked people about him and they said, "He has given directions for his sacrificial animal to be garlanded, and it is for that reason that he has put on ihram ."

Rabia said, "I then met Abdullah ibn az- Zubayr and so I mentioned this to him and he said, 'By the Lord of the Kaba, an innovation.' "

Malik was asked about some one who set out with his own sacrificial animal and marked it and garlanded it at Dhu'l-Hulayfa, but did not go into ihram until he had reached al- Juhfa,and hesaid, "I do not like that, and whoever does so has not acted properly. He should only garland his sacrificial animal, or mark it, when he goes into ihram, unless it is someone who does not intend to do hajj, in which case he sends it off and stays with his family."

Malik was asked if somone who was not in ihram could set out with a sacrificial animal, and he said, "Yes. There is no harm in that."

He was also asked to comment on the different views people had about what became haram for some one who garlanded a sacrificial animal but did not intend to do either hajj or umra, and he said, "What we go by as far as this is concerned is what A'isha, umm al-muminin said, 'The Messenger of Allah, may Allah bless him and grant him peace, sent his sacrificial animal off and did not go there himself, and there was nothing that Allah had made halal for him that was haram for him until the animal had been sacrificed.' "

I heard Anas bin Malik saying, "Abu Talha had more property of date-palm trees gardens than any other amongst the Ansar in Medina and the most beloved of them to him was Bairuha garden, and it was in front of the Mosque of the Prophet . Allah's Apostle used to go there and used to drink its nice water." Anas added, "When these verses were revealed:--'By no means shall you Attain righteousness unless You spend (in charity) of that Which you love. ' (3.92) Abu Talha said to Allah's Apostle 'O Allah's Apostle! Allah, the Blessed, the Superior says: By no means shall you attain righteousness, unless you spend (in charity) of that which you love. And no doubt, Bairuha' garden is the most beloved of all my property to me. So I want to give it in charity in Allah's Cause. I expect its reward from Allah. O Allah's Apostle! Spend it where Allah makes you think it feasible.' On that Allah's Apostle said, 'Bravo! It is useful property. I have heard what you have said (O Abu Talha), and I think it would be proper if you gave it to your Kith and kin.' Abu Talha said, I will do so, O Allah's Apostle.' Then Abu Talha distributed that garden amongst his relatives and his cousins."

Out of all the Ansar, living in Medina, Abu Talha had the largest number of (date palm trees) gardens, and the most beloved of his property to him was Bairuha garden which was standing opposite the Mosque (of the Prophet). Allah's Apostle used to enter it and drink of its good water. When the Verse:--"By no means shall you attain righteousness unless you spend (in charity) of that which you love." (3.92) Abu Talha got up and said, "O Allah's Apostle, Allah says:--"By no means shall you attain righteousness unless you spend (in charity) of that which you love." (3.92) and the most beloved of my property to me is the Bairuha garden, so I give it (as a charitable gift) in Allah's Cause and hope to receive good out of it, and to have it stored for me with Allah. So, O Allah's Apostle! Dispose it of (i.e. utilize it) in the way Allah orders you (to dispose it of)." Allah's Apostle said, "Bravo! That is a fruitful property! That is a fruitful property! I have heard what you have said and I think that you should distribute that (garden) amongst your relatives." The Abu Talha distributed that garden amongst his relatives and his cousins.

Narrated Yahya bin Yahya:

I learnt from Malik, "..a fruitful property."

Abu Dawud said: A similar tradition has also been transmitted by Isma'il b. Umayyah.

Abu Dawud said: Malik was asked about the saying of the Prophet: "Provisions for the road what will serve for a day a night." He said: He should honor him, present him some gift, and protect him for a day and night, and hospitality for three days.

Yahya related to me from Malik that Ibn Shihab said that he had heard Said ibn al-Musayyab, Humayd ibn Abd ar-Rahman ibn Awf, Ubaydullah ibn Abdullah ibn Utba ibn Masud, and Sulayman ibn Yasarall say, that they had heard Abu Hurayra say that he had heard Umar ibn al-Khattab say, "If a woman is divorced by her husband once or twice, and he leaves her until she is free to marry and she marries another husband and he dies or divorces her, and then she marries her first husband, she is with him according to what remains of her divorce."

Malik said, "That is what is done among us and there is no dispute about it."

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

While I was going along with Allah's Apostle who was wearing a Najrani Burd (sheet) with a thick border, a bedouin overtook the Prophet and pulled his Rida' (sheet) forcibly. I looked at the side of the shoulder of the Prophet and noticed that the edge of the Rida' had left a mark on it because of the violence of his pull. The bedouin said, "O Muhammad! Order for me some of Allah's property which you have." The Prophet turned towards him, (smiled) and ordered that he be given something.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Humayda bint Abi Ubayda ibn Farwa that her maternal aunt Kabsha bint Kab ibn Malik, who was the wife of the son of Abu Qatada al-Ansari, told her that once Abu Qatada was visiting her and she poured out some water for him to do wudu with. Just then a cat came to drink from it, so he tilted the vessel towards it to let it drink. Kabsha continued, "He saw me looking at him and said, 'Are you surprised, daughter of my brother?' I said, 'Yes.' He replied that the Messenger of Allah, may Allah bless him and grant him peace, said, cats are not impure. They intermingle with you .' "

Yahya said that Malik said, "There is no harm in that unless one sees impurities on the cat's mouth."

Yahya related to me from Malik that Abdullah ibn Abi Habiba said, "I said to a man, when I was young, 'A man who only says that he must walk to the House of Allah and does not say that he has vowed to walk, does not have to walk.' A man said, 'Shall I give you this small cucumber?' and he had a small cucumber in his hand and you will say, 'I must walk to the house of Allah?' I said, 'Yes' and I said it, for at that time I was still immature. Then, when I came of age, some one said to me that I had to fulfill my vow. I went and asked Said ibn al- Musayyab about it, and he said to me, 'You must walk.' So I walked."

Malik said, "That is the custom among us."

that Malik bin Aus said, "I was in need of change for one-hundred Dinars. Talha bin 'Ubaidullah called me and we discussed the matter, and he agreed to change (my Dinars). He took the gold pieces in his hands and fidgeted with them, and then said, "Wait till my storekeeper comes from the forest." `Umar was listening to that and said, "By Allah! You should not separate from Talha till you get the money from him, for Allah's Apostle said, 'The selling of gold for gold is Riba (usury) except if the exchange is from hand to hand and equal in amount, and similarly, the selling of wheat for wheat is Riba (usury) unless it is from hand to hand and equal in amount, and the selling of barley for barley is usury unless it is from hand to hand and equal in amount, and dates for dates, is usury unless it is from hand to hand and equal in amount"

Yahya related to me from Malik from Ibn Shihab from Malik ibn Aus ibn al-Hadathan an-Nasri that one time he asked to exchange 100 dinars. He said, "Talha ibn Ubaydullah called me over and we made a mutual agreement that he would make an exchange for me. He took the gold and turned it about in his hand, and then said, 'I can't do it until my treasurer brings the money to me from al-Ghaba.' Umar ibn al- Khattab was listening and Umar said, 'By Allah! Do not leave him until you have taken it from him!' Then he said, 'The Messenger of Allah, may Allah bless him and grant him peace, said, "Gold for silver is usury except hand to hand. Wheat for wheat is usury except hand to hand. Dates for dates is usury except hand to hand. Barley for barley is usury except hand to hand." "'

Malik said, "When a man buys dirhams with dinars and then finds a bad dirham among them and wants to return it, the exchange of the dinars breaks down, and he returns the silver and takes back his dinars. The explanation of what is disapproved of in that is that the Messenger of Allah, may Allah bless him and grant him peace, said, 'Gold for silver is usury except hand to hand.' and Umar ibn al-Khattab said, 'If someone asks you to wait to be paid until he has gone back to his house, do not leave him.' When he returns a dirham to him from the exchange after he has left him, it is like a debt or something deferred. For that reason, it is disapproved of, and the exchange collapses. Umar ibn al-Khattab wanted that all gold, silver and food should not be sold for goods to be paid later. He did not want there to be any delay or deferment in any such sale, whether it involved one commodity or different sorts of commodities."

Yahya related to me from Malik from Wahb ibn Kaysan that Muhammad ibn Amr ibn Ata said, "I was sitting with Abdullah ibn Abbas when a Yemeni man came in. He said, 'Peace be upon you, and the mercy of Allah and His blessing' (as-salamu alaykum wa rahmatullahi wa barakatuhu), and then he added something more to that. Ibn Abbas said (and at that time his eyesight had gone), 'Who is this?' People said, 'This is a Yemeni who has come to see you,' and they introduced him. Ibn Abbas said, 'The greeting ends with the word blessing.' "

Yahya said that Malik was asked, "Does one greet a woman?" He said, "As for an old woman, I do not disapprove of it. As for a young woman, I do not like it."

Malik said, "No-one should carry the Qur'an by its strap, or on a cushion, unless he is pure. If it were permissible to do so, it would also have been permissible to carry it in its cover. This is not because there is something on the hands of the one who carries it by which the Qur'an will be soiled, but because it is disapproved of for someone to carry the Qur'an without being pure out of respect for the Qur'an, and in order to honour it."

Malik said, "The best thing that I have heard about this is the ayat 'None touch it except the purified.' (Sura 56 ayat 79) It ranks with the ayat in Surat Abasa (Sura 80), where Allah, the Blessed and Exalted, says, 'No, it is a reminder, and whoever wishes will remember it. Upon honoured pages, exalted and purified, by the hands of scribes, noble and obedient.' "

Once I was walking with Allah's Apostle and he was wearing a Najram Burd with thick margin. A bedouin followed him and pulled his Burd so violently that I noticed the side of the shoulder of Allah's Apostle affected by the margin of the Burd because of that violent pull. The Bedouin said, "O Muhammad! Give me some of Allah's wealth which is with you." Allah's Apostle turned and looked at him, and smiling, 'he ordered that he be given something.

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."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man is given something to use in a military expedition, and he brings it to the battlefield, it is his."

Malik was asked about a man who pledged himself to go on a military campaign, equipped himself,and when he wanted to go out, one or both of his parents prevented him. He said, "He should not contradict them. Let him put it off for another year. As for the equipment, I think that he should store it until he needs it. If he fears that it will spoil, let him sell it and keep its price so that he can readily buy what is needed fora military expedition. If he is well-to-do, he will find the like of his equipment when he goes out, so let him do what he likes with his equipment."

Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi said, "I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question Abdullah ibn Umar and I went with him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from which she was unable to go on.'~

Yahya said that he had heard Malik say, "I think that she must sacrifice an animal."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar- Rahman said the same as Abdullah ibn Umar.

The Prophet said, "When the people of Paradise will enter Paradise and the people of Hell will go to Hell, Allah will order those who have had faith equal to the weight of a grain of mustard seed to be taken out from Hell. So they will be taken out but (by then) they will be blackened (charred). Then they will be put in the river of Haya' (rain) or Hayat (life) (the Narrator is in doubt as to which is the right term), and they will revive like a grain that grows near the bank of a flood channel. Don't you see that it comes out yellow and twisted"

A man came to Allah's Apostle and said, "O Allah's Apostle! Livestock are destroyed and the roads are cut off; so please invoke Allah." So Allah's Apostle prayed for rain and it rained from that Friday till the next Friday. Then a man came to the Prophet (p.b.u.h) and said, "O Allah's Apostle! The houses have collapsed, roads are cut off and the livestock are destroyed." So Allah's Apostle said, "O Allah ! (Let it rain) on the tops of the mountains, on the plateaus, in the valleys and over the places where trees grow." So the clouds cleared away from Medina as clothes are taken off.

That the latter said, "Who has change?" Talha said, "I (will have change) when our storekeeper comes from the forest." Malik bin Aus narrated from `Umar bin Al-Khattab: Allah's Apostle said, "The bartering of gold for gold is Riba (usury), except if it is from hand to hand and equal in amount, and wheat grain for wheat grain is usury except if it is form hand to hand and equal in amount, and dates for dates is usury except if it is from hand to hand and equal in amount, and barley for barley is usury except if it is from hand to hand and equal in amount."

AbdurRahman ibn Ka'b ibn Malik said: When Ka'b ibn Malik heard the call to prayer on Friday, he prayed for As'ad ibn Zurarah. I asked him: What is the matter that when you hear the call to prayer, you pray for As'ad ibn Zurarah? He replied: This is because he held the Friday prayer for the first time for us at Hazm an-Nabit of Harrah belonging to Banu Bayadah in Naqi', called Naqi' al-Khadumat. I asked him: How many were you at that time ? He said: Forty.

Anas bin Malik said, that once a domestic sheep was milked for Allah's Apostle while he was in the house of Anas bin Malik. The milk was mixed with water drawn from the well in Anas's house. A tumbler of it was presented to Allah's Apostle who drank from it. Then Abu Bakr was sitting on his left side and a bedouin on his right side. When the Prophet removed the tumbler from his mouth, `Umar was afraid that the Prophet might give it to the bedouin, so he said. "O Allah's Apostle! Give it to Abu Bakr who is sitting by your side." But the Prophet gave it to the bedouin, who was to his right and said, "You should start with the one on your right side."

Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best.

Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdin that he was present with Umar ibn Abd al-Aziz when he was judging between people. If a man came to him with a claim against a man, he examined whether or not there were frequent transactions and dealings between them. If there were, the defendant could make an oath. If there was nothing of that nature he did not accept an oath from him."

Malik summed up, "What is done in our community is that if some one makes a claim against a man, it is examined. If there are frequent transactions and dealings between them, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If the defendant refuses to take an oath, and returns the oath to the claimant, the one claiming his right takes an oath and takes his due."

Yahya related to me from Malik from Muhammad ibn al-Munkadir and from Salim ibn Abi'n-Nadr, the mawla of Umar ibn Ubaydullah that Amir ibn Sad ibn Abi Waqqas heard his father ask Usama ibn Zayd, "Have you heard anything from the Messenger of Allah, may Allah bless him and grant him peace, about the plague?" Usama said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The plague is a punishment that was sent down on a party of the Banu Israil or whoever was before them. When you hear of it in a land, do not enter it. If it comes upon a land and you are in it, do not depart in flight from it.' "

Malik said that Abu'n-Nadr said, "That is, do not depart with no other intention but flight."

Ar-Rubai (the paternal aunt of Anas bin Malik) broke the incisor tooth of young Ansari girl. Her family demanded the Qisas and they came to the Prophet who passed the judgment of Qisas. Anas bin An-Nadr (the paternal uncle of Anas bin Malik) said, "O Allah's Apostle! By Allah, her tooth will not be broken." The Prophet said, "O Anas! (The law prescribed in) Allah's Book is Qisas." But the people (i.e. the relatives of the girl) gave up their claim and accepted a compensation. On that Allah's Apostle said, "Some of Allah's worshippers are such that if they take an oath, Allah will fulfill it for them."

`Abdur-Rahman bin `Auf came (from Mecca to Medina) and the Prophet made a bond of brotherhood between him and Sa`d bin Ar-Rabi` Al-Ansari. Al-Ansari had two wives, so he suggested that `Abdur- Rahman take half, his wives and property. `Abdur-Rahman replied, "May Allah bless you with your wives and property. Kindly show me the market." So `Abdur-Rahman went to the market and gained (in bargains) some dried yoghurt and some butter. After a few days the Prophet saw `Abdur-Rahman with some yellow stains on his clothes and asked him, "What is that, O `Abdur-Rahman?" He replied, "I had married an Ansari woman." The Prophet asked, "How much Mahr did you give her?" He replied, "The weight of one (date) stone of gold." The Prophet said, "Offer a banquet, even with one sheep."

A tailor invited Allah's Apostle to a meal which he had prepared. I went with Allah's Apostle to that meal, and the tailor served the Prophet with barley bread and soup of gourd and cured meat. I saw Allah's Apostle picking the pieces of gourd from around the dish, and since then I have kept on liking gourd.

Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Anas ibn Malik said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our animals are dying and our camels are too weak to travel, so make dua to Allah.' The Messenger of Allah, may Allah bless him and grant him peace, made dua, and it rained on us from one jumua to the next."

Anas continued, "Then a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our houses have fallen down, the paths are blocked, and our flocks are dying.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'O Allah, (only) the mountain and hill-tops, the valley bottoms, and the places where trees grow.' "

Anas added, "It cleared away from Madina like a garment being removed."

Malik said, about a man who missed the prayer of asking for rain but caught the khutba, and wished to pray in the mosque, or in his house when he returned, "He is free to do so, or not, as he wishes."

Yahya related to me from Malik from Hisham ibn Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for some one who is fasting out of fear that he will become weak and if it were not for that, it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast, owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

Yahya related to me from Malik from Ibn Shihab that Umar ibn al- Khattab told people to kill snakes in the Haram.

Malik said, about the "wild dogs" which people were told to kill in the Haram, that any animals that wounded, attacked, or terrorised men, such as lions, leopards, Iynxes and wolves, were counted as"wild dogs." However, someone who was in ihram should not kill beasts of prey that did not attack (people), such as hyenas, foxes, cats and anything else like them, and if he did then he had to pay a forfeit for it. Similarly, someone in ihram should not kill any predatory birds except the kinds that the Prophet, may Allah bless him and grant him peace, specified, namely crows and kites. If someone in ihram killed any other kind of bird he had to pay a forfeit for it.

Yahya related to me from Malik from Abu Bakr ibn Nafi from his father that the daughter of one of Safiyya bint Abi Ubayd's brothers was bleeding after she had given birth to a child at Muzdalifa. She and Safiyya were delayed and did not arrive at Mina until after the sun had set on the day of sacrifice. Abdullah ibn Umar told them both to stone the jamra at the time they arrived and he did not think that they owed anything.

Yahya said that Malik was asked about some one who forgot to stone one of the jamras on one of the days of Mina until it was evening and he said, "He should throw the stones at whatever time of day or night he remembers, just as he would pray the prayer if he forgot it and then remembered it at any time of day or night. If he remembers (that he has not done the stoning) after he has returned to Makka, or after he has left, he must sacrifice an animal."

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik from Hisham ibn Urwa that his father, Urwa ibn az-Zubayr made an aqiqa for his male and female children of a sheep each.

Malik said, "What we do about the aqiqa is that if someone makes an aqiqa for his children, he gives a sheep for both male and female. The aqiqa is not obligatory but it is desirable to do it, and people continue to come to us about it. If someone makes an aqiqa for his children, the same rules apply as with all sacrificial animals - one-eyed, emaciated, injured, or sick animals must not be used, and neither the meat or the skin is to be sold. The bones are broken and the family eat the meat and give some of it away as sadaqa. The child is not smeared with any of the blood .''

People say, "Whenever you sit for answering the call of nature, you should not face the Qibla or Baitul-Maqdis (Jerusalem)." I told them. "Once I went up the roof of our house and I saw Allah's Apostle answering the call of nature while sitting on two bricks facing Baitul-Maqdis (Jerusalem) (but there was a screen covering him. ' (Fath-al-Bari, Page 258, Vol. 1).

A man came to Allah's Apostle and said, "O Allah's Apostle! Livestock are destroyed and the roads are cut off. So please invoke Allah." So Allah's Apostle prayed and it rained from that Friday to the next Friday. Then he came to Allah's Apostle I and said, "O Allah's Apostle! Houses have collapsed, roads are cut off and the livestock are destroyed." So Allah's Apostle (p.b.u.h) prayed, "O Allah! (Let it rain) on the tops of mountains, on the plateaus, in the valleys and over the places where trees grow." So the clouds cleared away from Medina as clothes are taken off.

I came riding a donkey. Another version has: Ibn Abbas said: When I was near the age of the puberty I came riding a she-ass and found the Messenger of Allah (saws) leading the people in prayer at Mina. I passed in front of a part of the row (of worshippers), and dismounting left my she-ass for grazing in the pasture, and I joined the row, and no one objected to that.

Abu Dawud said: These are the words of al-Qa'nabi, and are complete. Malik said: I take it as permissible at the time when the iqamah for prayer is pronounced.

The Messenger of Allah (saws) recited - Yahya (sub narrator) said: Sometimes al-Miswar said: I prayed along with the Messenger of Allah (saws) and witnessed that he recited - the Qur'an during the prayer and omitted something (i.e. some verses inadvertently) which he did not recite.

A man said to him: Messenger of Allah, you omitted such-and-such verse. The Messenger of Allah (saws) said: Why did you not remind me of it?

The narrator Sulayman said in his version: He (the man) said: I thought that it (the verse) was repealed.