That the Prophet (saws) ransomed two men for the Muslims with a man from the idolaters.

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

The paternal uncle of Abu Al-Muhallab's name is 'Abdur Rahman bin 'Amr, and they also say it was Muhawiyah bin 'Amr. And Abu Qilabah's name is 'Abdullah bin Zaid Al-Jarmi (narrator in the chain)

This is acted upon according to most of the people of knowledge among the Companions of the Prophet(saws) and others. It is for the Imam to decide to be generous with whom he wills among the captives, or to kill whom he wills among them, or to ransom whom he wills among them. Some of the people of knowledge preferred killing over ransoming.

Al-Awzai' said: "It has been conveyed to me. that this Ayah is abrogated: Thereafter (is the time) either for generosity (to free them without ranson) or ransom (47:4). It was abrogated by: Kill them wherever you find them (2:191). This was narrated to us by Hannad (who said): "Ibn Al-Mubarak narrated to us, from Al-Awza'i."

Ishaq bin Mansur said: "I said to Ahmad: 'When the captives are captured' is killing or ransoming better to you?' He said: 'If they are able to ransom' then there is no harm in it. And if they kill, then I do not know of any harm in it.'" Ishaq said: "Wiping them out is better to me, unless it is someone well-known, so that it is hoped that a large amount will be obtained for him."

Anas bin Malik said, "When the emigrants came Medina, they had nothing whereas the Ansar had land and property. The Ansar gave them their land on condition that the emigrants would give them half the yearly yield and work on the land and provide the necessaries for cultivation." His (i.e. Anas's mother who was also the mother of `Abdullah bin Abu Talha, gave some date-palms to Allah' Apostle who gave them to his freed slave-girl (Um Aiman) who was also the mother of Usama bin Zaid. When the Prophet finished from the fighting against the people of Khaibar and returned to Medina, the emigrants returned to the Ansar the fruit gifts which the Ansar had given them. The Prophet also returned to Anas's mother the date-palms. Allah's Apostle gave Um Aiman other trees from his garden in lieu of the old gift.

I brought my debtor to the Holy Prophet (saws). He said to me: Stick to him. He again said to me: O brother of Banu Tamim, what do you want to do with your prisoner.

The food the Messenger of Allah (saws) liked best was tharid made from bread and tharid made from Hays.

Abu Dawud said: It is a weak (tradition).

The Prophet said, "When a Muslim spends something on his family intending to receive Allah's reward it is regarded as Sadaqa for him."

Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Urwa ibn az-Zubayr and Abu Bakr ibn Abd ar Rahman used to pray nawafil when travelling.

Yahya said that Malik was asked about voluntary prayers when travelling and he said, "There is no harm in them, either at night or during the day. I have heard that some of the people of knowledge used to do that."

Yahya related to me from Malik from Musa ibn Uqba that Salim ibn Abdullah heard his father say, "Your claim that the Messenger of Allah, may Allah bless him and grant him peace, entered ihram from this desert of yours is not true, because he only entered ihram from the mosque, i.e. the mosque of Dhu'l-Hulayfa."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that Umar ibn al-Khattab prayed two rakas with everybody when he arrived in Makka. Then, when he had finished, he said, "People of Makka, complete your prayer, because we are a group of travellers." Later, Umar ibn al-Khattab prayed two rakas with them at Mina, but we have not heard that he said anything to them on that occasion.

I said to `Abida, "I have some of the hair of the Prophet which I got from Anas or from his family." `Abida replied. "No doubt if I had a single hair of that it would have been dearer to me than the whole world and whatever is in it."

Allah's Apostle said, "O Allah bestow your blessings on their measures, bless their Mudd and Sa." The Prophet meant the people of Medina.

The Prophet (saws) said: The best of you are those whose shoulders are soft in prayer.

That the Messenger of Allah (saws) said, "Whoever prepares a fighter in Allah's cause, or looks after the family of a fighter, then he has participated in a military expedition."

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

Concerning the Waqf of `Umar: It was not sinful of the trustee (of the Waqf) to eat or provide his friends from it, provided the trustee had no intention of collecting fortune (for himself). Ibn `Umar was the manager of the trust of `Umar and he used to give presents from it to those with whom he used to stay at Mecca.

The Prophet said, "From this side from the east, afflictions will appear. Rudeness and lack of mercy are characteristics of the rural bedouins who are busy with their camels and cows (and pay no attention to religion). Such are the tribes of Rabi`a and Mudar."

Al-Qasim used to walk in front of the funeral procession. He used not to get up for the funeral procession (in case it passed by him). And he narrated from `Aisha that she said, "The people of the pre-lslamic period of ignorance used to stand up for the funeral procession. When they saw it they used to say twice: 'You were noble in your family. What are you now?"

The people of Mecca asked Allah's Apostle to show them a miracle. So he showed them the moon split in two halves between which they saw the Hira' mountain.

The Messenger of Allah (saws) wrote a letter about sadaqah (zakat) but he died before he could send it to his governors. He had kept it with his sword. So AbuBakr acted upon it till he died, and then Umar acted upon it till he died.

It contained: "For five camels one goat is to be given; for ten camels two goats are to be given; for fifteen camels three goats are to be given; for twenty camels four goats are to be given; for twenty-five to thirty-five camels a she-camel in her second year is to be given. If the number exceeds by one up to seventy camels, a she-camel in her fourth year is to be given; if they exceed by one up to seventy-five camels, a she-camel in her fifth year is to be given; if they exceed by one up to ninety camels, two she-camels in their third year are to be given; if they exceed by one up to one hundred and twenty, two she-camels in their fourth year are to be given. If the camels are more than this, a she-camel in her fourth year is to be given for every fifty camels, and a she-camel in her third year is to be given for every forty camels.

For forty to one hundred and twenty goats one goat is to be given; if they exceed by one up to two hundred, two goats are to be given. If they exceed by one up to three hundred, three goats are to be given; if the goats are more than this, one goat for every hundred goats is to be given. Nothing is payable until they reach one hundred. Those which are in one flock are not to be separated, and those which are in separate flocks are not be brought together from fear of sadaqah (zakat). Regarding that which belongs to two partners, they can make claims for restitution from each other with equity. An old goat and a defective one are not to be accepted as sadaqah (zakat)."

Az-Zuhri said: When the collector comes, the goats will be apportioned into three flocks: one containing bad, the second good, and the third moderate. The collector will take zakat from the moderate. Az-Zuhri did not mention the cows (to be apportioned in three flocks).

For the pasturing goats, he narrated the tradition similar to that transmitted by Sufyan bin Husain. This version adds “An old goat, one with defect in the eye or a male goat is not to be accepted in sadaqah(zakat) unless the collector wishes.”

'Uwaimir came to `Asim bin `Adi who was the chief of Bani Ajlan and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e. the husband), or what should he do? Please ask Allah's Apostle about this matter on my behalf." `Asim then went to the Prophet and said, "O Allah's Apostle! (And asked him that question) but Allah's Apostle disliked the question," When 'Uwaimir asked `Asim (about the Prophet's answer) `Asim replied that Allah's Apostle disliked such questions and considered it shameful. "Uwaimir then said, "By Allah, I will not give up asking unless I ask Allah's Apostle about it." Uwaimir came (to the Prophet ) and said, "O Allah's Apostle! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Qisas) or what should he do?" Allah's Apostle said, "Allah has revealed regarding you and your wife's case in the Qur'an "So Allah's Apostle ordered them to perform the measures of Mula'ana according to what Allah had mentioned in His Book. So 'Uwaimir did Mula'ana with her and said, "O Allah's Apostle! If I kept her I would oppress her." So 'Uwaimir divorced her and so divorce became a tradition after them for those who happened to be involved in a case of Mula'ana. Allah's Apostle then said, "Look! If she (Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahra then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allah's Apostle had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."

Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."

Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.

Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.

Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)

Malik said, "That is what I have heard about the matter, and that is how things are done among us."

Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.

Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."

Al-Miswar bin Makhrama and `Abdur-Rahman bin Al-Aswad bin 'Abu Yaghuth said (to me), "What forbids you to talk to `Uthman about his brother Al-Walid because people have talked much about him?" So I went to `Uthman and when he went out for prayer I said (to him), "I have something to say to you and it is a piece of advice for you " `Uthman said, "O man, from you." (`Umar said: I see that he said, "I seek Refuge with Allah from you.") So I left him and went to them. Then the messenger of `Uthman came and I went to him (i.e. `Uthman), `Uthman asked, "What is your advice?" I replied, "Allah sent Muhammad with the Truth, and revealed the Divine Book (i.e. Qur'an) to him; and you were amongst those who followed Allah and His Apostle, and you participated in the two migrations (to Ethiopia and to Medina) and enjoyed the company of Allah's Apostle and saw his way. No doubt, the people are talking much about Al-Walid." `Uthman said, "Did you receive your knowledge directly from Allah's Apostle ?" I said, "No, but his knowledge did reach me and it reached (even) to a virgin in her seclusion." `Uthman said, "And then Allah sent Muhammad with the Truth and I was amongst those who followed Allah and His Apostle and I believed in what ever he (i.e. the Prophet) was sent with, and participated in two migrations, as you have said, and I enjoyed the company of Allah's Apostle and gave the pledge of allegiance him. By Allah! I never disobeyed him, nor did I cheat him till Allah took him unto Him. Then I treated Abu Bakr and then `Umar similarly and then I was made Caliph. So, don't I have rights similar to theirs?" I said, "Yes." He said, "Then what are these talks reaching me from you people? Now, concerning what you mentioned about the question of Al-Walid, Allah willing, I shall deal with him according to what is right." Then he called `Ali and ordered him to flog him, and `Ali flogged him (i.e. Al-Walid) eighty lashes.

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (saws) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(saws) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(saws)? The Apostle of Allaah(saws) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (saws) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.”

Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.”

Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

A servant of some poor people cut off the ear of the servant of some rich people. His people came to the Prophet (saws) and said: Messenger of Allah! we are poor people. So he imposed no compensation on them.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that when he found one of his family playing dice he beat him and destroyed the dice.

Yahya said that he heard Malik say, "There is no good in chess, and he disapproved of it." Yahya said, "I heard him disapprove of playing it and other worthless games. He recited this ayat, 'What is there after the truth except going the wrong way.' " (Sura l0 ayat 32).

The people of Kufa disagreed (disputed) about the above Verse. So I went to Ibn `Abbas and asked him about it. He said, "This Verse:-- "And whoever kills a believer intentionally, his recompense is Hell." was revealed last of all (concerning premeditated murder) and nothing abrogated it."

`Abdur-Rahman bin Abza ordered me to ask Ibn `Abbas regarding the two Verses (the first of which was ): "And whosoever murders a believer intentionally." (4.93) So I asked him, and he said, "Nothing has abrogated this Verse." About (the other Verse): 'And those who invoke not with Allah any other god.' he said, "It was revealed concerning the pagans."

I said to Ibn `Abbas, "During the battle of Khaibar the Prophet forbade (Nikah) Al-Mut'a and the eating of donkey's meat."

Ibn `Umar said, "By Allah, I have not put a brick over a brick (i.e. constructed a building) or planted any date-palm tree since the death of the Prophet." Sufyan (the sub narrator) said, "I told this narration (of Ibn `Umar) to one of his (Ibn `Umar's) relatives, and he said, 'By Allah, he did build (something.' "Sufyan added, "I said, 'He must have said (the above narration) before he built."