that his father had written to Ibn Al-Arqam a letter asking him to ask Subai'a Al-Aslamiya how the Prophet had given her the verdict. She said, "The Prophet, gave me his verdict that after I gave birth, I could marry."

Yahya related to me from Malik from Hisham ibn Urwa that he saw his father wiping over his leather socks. He said, "When he wiped over his socks he would never do more than wipe the tops and he would not wipe the bottoms."

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his father said, "We heard the recitation of Umar ibn al-Khattab when we were at the home of Abu Jahmin al-Balat." (Al-Balat was a place in Madina between the mosque and the market.)

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah from his father that Umar ibn al-Khattab, when he went to Makka, used to lead them in prayer and do two rakas and then say, "People of Makka,complete the prayer, we are a group travelling."

Yahya related to me from Malik from Hisham ibn Urwa from his father that one of the muhajirun in whom he saw no harm asked Abdullah ibn Amr ibn al-As, "Can I pray in a place where camels are watered?" Abdullah replied, "No, but you can pray in a sheep-pen."

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha, the wife of the Prophet, mayAllah bless him and grant him peace, that the Prophet, may Allah bless him and grant him peace, saw spittle, or mucus or phlegm, on the wall of the qibla and scraped it off.

I heard my father saying, "The Prophet led us, and prayed a two-rak`at Zuhr prayer and then a tworak` at `Asr prayer at Al-Batha' [??] with a short spear (planted) in front of him (as a Sutra) while women and donkeys were passing in front of him (beyond that stick).

From his father, from his grandfather, that the Prophet (saws) was asked about hanging fruits (on the trees), so he said: "Whoever is in need and picks some of it without taking any in his garment, then there is no sin upon him."

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

I twisted the garlands of the Hadis (i.e. animals for sacrifice) of Allah's Apostle with my own hands. Then Allah's Apostle put them around their necks with his own hands, and sent them with my father (to Mecca). Nothing legal was regarded illegal for Allah's Apostle till the animals were slaughtered.

A man among us begot a boy whom he named Al-Qasim. The people said, "We will not call him (i.e., the father) by that Kuniya (Abu-l-Qasim) till we ask the Prophet about it. The Prophet said. "Name yourselves by my name, but do not call (yourselves) by my Kuniya."

Yahya related to me from Malik from Yahya ibn Said that he asked Abdullah ibn Amir ibn Rabia whether a man who did wudu for prayer and then ate cooked food had to do wudu again. He said, "I saw my father do that without doing wudu ."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "I used to comb the head of the Messenger of Allah, may Allah bless him and grant him peace, while I was menstruating."

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his uncle's father said, "I recognise nothing nowadays of what I saw the people (i.e. the companions of the Messenger, may Allah bless him and grant him peace ) doing except the call to prayer."

Yahya related to me from Malik from Hisham ibn Urwa that his father said to him, "When you are on a journey you can, if you wish, call the adhan and the iqama, or, if you wish, the iqama and not the adhan."

Yahya said that he heard Malik say, "There is no harm in a man calling the adhan while riding."

Yahya related to me from Malik from Hisham ibn Urwa from his father that Dhakwan Abu Amr (a slave belonging to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, who was freed by her after her death) used to stand in prayer and recite for her in Ramadan.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin, may Allah be pleased with her, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to kiss certain of his wives when fasting," and then she laughed.

Whenever a person came to the Prophet with his alms, the Prophet would say, "O Allah! Send your Blessings upon so and so." My father went to the Prophet with his alms and the Prophet said, "O Allah! Send your blessings upon the offspring of Abu Aufa."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from more than one of the people of knowledge of that time, that those who were killed on the Day of the Camel, the Day of Siffin, the Day of al-Harra, and the Day of Qudayd did not inherit from each other. None of them inherited anything from his companion unless it was known that he had been killed before his companion.

Malik said, "That is the way of doing things about which there is no dispute, and which none of the people of knowledge in our city doubt. The procedure with two mutual heirs who are drowned, or killed in another way, when it is not known which of them died first is the same - neither of them inherits anything from his companion. Their inheritance goes to whoever remains of their heirs. They are inherited from by the living."

Malik said, "No one should inherit from anyone else when there is doubt, and one should only inherit from the other when there is certainty of knowledge and witnesses. That is because a man and his mawla whom his father has freed might die at the same time. The sons of the free man could say, 'Our father inherited from the mawla.' They should not inherit from the mawla without knowledge or testimony that he died first. The living people most entitled to his wala' inherit from him."

Malik said, "Another example is two full brothers who die. One of them has children and the other does not. They have a half-brother by their father. It is not known which of them died first, so the inheritance of the childless one goes to his half-brother by the father. The children of the full-brother get nothing."

Malik said, "Another example is when a paternal aunt and the son of her brother die, or else the daughter of the brother and her paternal uncle. It is not known which of them died first. The paternal uncle does not inherit anything from the daughter of his brother, and the son of the brother does not inherit anything from his paternal aunt."

A similar tradition (to No. 5061) has been transmitted by Muslim ibn al-Harith ibn Muslim at-Tamimi on the authority of his father from the Prophet (saws) through a different chain of narrators, up to "protection from it".

But this version says: "before speaking to anyone". In this version Ali ibn Sahl said that his father told him.

Ali and Ibn al-Musaffa said: The Messenger of Allah (saws) sent us on an expedition. When we reached the place of attack, I galloped my horse and outstripped my companions, and the people of that locality received me with a great noise.

I said to them: Say "There is no god but Allah," and you will be protected. They said this.

My companions blamed me, saying: You deprived us of the booty. When we came to the Messenger of Allah (saws), they told him what I had done.

So he called me, appreciating what I had done, and said: Allah has recorded for you so and so (a reward) for every man of them.

AbdurRahman said: I forgot the reward. The Messenger of Allah (saws) then said: I shall write a will for you after me. He did this and stamped it, and gave it to me, saying....He then mentioned the rest of the tradition to the same effect. Ibn al-Musaffa said: I heard al-Harith ibn Muslim ibn al-Harith at-Tamimi transmitting it from his father.

Malik related to me that he heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar when asked whether the sons of a man, who had a kitaba written for himself and his children and then died, worked for the kitaba of their father or were slaves, said, "They work for the kitaba of their father and they have no reduction at all for the death of their father."

Malik said, "If they are small and unable to work, one does not wait for them to grow up and they are slaves of their father's master unless the mukatab has left what will pay their instalments for them until they can work. If there is enough to pay for them in what he has left, that is paid for on their behalf and they are left in their condition until they can work, and then if they pay, they are free. If they cannot do it, they are slaves."

Malik spoke about a mukatab who died and left property which was not enough to pay his kitaba, and he also left a child with him in his kitaba and an umm walad, and the umm walad wanted to work for them. He said, "The money is paid to her if she is trustworthy with it and strong enough to work. If she is not strong enough to work and not trustworthy with property, she is not given any of it and she and the children of the mukatab revert to being slaves of the master of the mukatab."

Malik said, "If people are written together in one kitaba and there is no kinship between them, and some of them are incapable and others work until they are all set free, those who worked can claim from those who were unable, the portion of what they paid for them because some of them assumed the responsibility for others."

My father set out (for Mecca) in the year of Al-Hudaibiya, and his companions assumed Ihram, but he did not. At that time the Prophet was informed that an enemy wanted to attack him, so the Prophet proceeded onwards. While my father was among his companions, some of them laughed among themselves. (My father said), "I looked up and saw an onager. I attacked, stabbed and caught it. I then sought my companions' help but they refused to help me. (Later) we all ate its meat. We were afraid that we might be left behind (separated) from the Prophet so I went in search of the Prophet and made my horse to run at a galloping speed at times and let it go slow at an ordinary speed at other times till I met a man from the tribe of Bani Ghifar at midnight. I asked him, "Where did you leave the Prophet ?" He replied, "I left him at Ta'hun and he had the intention of having the midday rest at As-Suqya. I followed the trace and joined the Prophet and said, 'O Allah's Apostle! Your people (companions) send you their compliments, and (ask for) Allah's Blessings upon you. They are afraid lest they may be left behind; so please wait for them.' I added, 'O Allah's Apostle! I hunted an onager and some of its meat is with me. The Prophet told the people to eat it though all of them were in the state of Ihram."

When Khaibar was conquered, a roasted poisoned sheep was presented to the Prophet as a gift (by the Jews). The Prophet ordered, "Let all the Jews who have been here, be assembled before me." The Jews were collected and the Prophet said (to them), "I am going to ask you a question. Will you tell the truth?" They said, "Yes." The Prophet asked, "Who is your father?" They replied, "So-and-so." He said, "You have told a lie; your father is so-and-so." They said, "You are right." He said, "Will you now tell me the truth, if I ask you about something?" They replied, "Yes, O Abu Al-Qasim; and if we should tell a lie, you can realize our lie as you have done regarding our father." On that he asked, "Who are the people of the (Hell) Fire?" They said, "We shall remain in the (Hell) Fire for a short period, and after that you will replace us." The Prophet said, "You may be cursed and humiliated in it! By Allah, we shall never replace you in it." Then he asked, "Will you now tell me the truth if I ask you a question?" They said, "Yes, O Abu Al-Qasim." He asked, "Have you poisoned this sheep?" They said, "Yes." He asked, "What made you do so?" They said, "We wanted to know if you were a liar in which case we would get rid of you, and if you are a prophet then the poison would not harm you."

Yahya related to me from Malik that Nafi and Abdullah ibn Dinar told him that Abdullah ibn Umar arrived at Kufa and went to Sad ibn Abi Waqqas, who was the Amir of Kufa at that time. Abdullah ibn Umar saw him wiping over his leather socks and disapproved of it. So Sad said to him, "Ask your father when you get back." Abdullah returned but forgot to ask Umar about the matter until Sad arrived and said, "Have you asked your father?" and he said, "No."

Abdullah then asked Umar and Umar replied, "If your feet are ritually pure when you put them in the leather socks then you can wipe over the socks." Abdullah said ,"What about if we have just come from relieving ourselves?" Umar said, "Yes, even if you have just come from relieving yourself."

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "A woman who bleeds as if menstruating only has to do one ghusl, and then after that she does wudu for each prayer."

Yahya said that Malik said, "The position with us is that when a woman who bleeds as if menstruating starts to do the prayer again, her husband can have sexual intercourse with her. Similarly, if a woman who has given birth sees blood after she has reached the fullest extent that bleeding normally restrains women, her husband can have sexual intercourse with her and she is in the same position as a woman who bleeds as if menstruating."

Yahya said that Malik said, "The position with us concerning a woman who bleeds as if menstruating is founded on the hadith of Hisham ibn Urwa from his father, and it is what I prefer the most of what I have heard about the matter."

I along with my father went to Abu- Barza Al-Aslami and my father asked him, "How Allah's Apostle used to offer the five compulsory congregational prayers?" Abu- Barza said, "The Prophet used to pray the Zuhr prayer which you (people) call the first one at midday when the sun had just declined The `Asr prayer at a time when after the prayer, a man could go to the house at the farthest place in Medina (and arrive) while the sun was still hot. (I forgot about the Maghrib prayer). The Prophet Loved to delay the `Isha which you call Al- `Atama [??] and he disliked sleeping before it and speaking after it. After the Fajr prayer he used to leave when a man could recognize the one sitting beside him and he used to recite between 60 to 100 Ayat (in the Fajr prayer) .

Abu Dawud said: This tradition has been narrated by ‘Amr b. Salamah through a different chain of transmitter. This version has: “When my clan visited the Prophet( may peace be upon him) ....” He did not report it on the authority of his father.

Hisham narrated it from his father, who narrated it on the authority of 'A'isha that when the Apostle (may peace be upon him) took a bath because of sexual inter-course, he first washed the palms of his hands three times, and then the whole hadith was transmitted like that based on the authority of Abu Mu'awyia, but no mention is made of the washing of feet.

Abu Dawud said: This has also been transmited by Abu al-Walid from Sulaiman bin Kathir from Az-Zuhri.