Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked about a man who divorced when he was drunk. They said, "When a drunk man divorces, his divorce is allowed. If he kills, he is killed for it."

Malik said, "That is what is done among us."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

By Allah, the Messenger of Allah (saws) did not make Aisha perform umrah during Dhul-Hijjah but to discontinue the practice of the idolaters (in Arabia before Islam), for this clan of Quraysh and those who followed them used to say: When the fur of the camel abounds, and the wounds on the back of the camels are recovered and the month of Safar begins, umrah becomes lawful for one who performs umrah. They considered performing umrah unlawful till the months of Dhul-Hijjah and al-Muharram passed away.

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

We said, "O Allah's Apostle! Shall we see our Lord on the Day of Resurrection?" He said, "Do you have any difficulty in seeing the sun and the moon when the sky is clear?" We said, "No." He said, "So you will have no difficulty in seeing your Lord on that Day as you have no difficulty in seeing the sun and the moon (in a clear sky)." The Prophet then said, "Somebody will then announce, 'Let every nation follow what they used to worship.' So the companions of the cross will go with their cross, and the idolators (will go) with their idols, and the companions of every god (false deities) (will go) with their god, till there remain those who used to worship Allah, both the obedient ones and the mischievous ones, and some of the people of the Scripture. Then Hell will be presented to them as if it were a mirage. Then it will be said to the Jews, "What did you use to worship?' They will reply, 'We used to worship Ezra, the son of Allah.' It will be said to them, 'You are liars, for Allah has neither a wife nor a son. What do you want (now)?' They will reply, 'We want You to provide us with water.' Then it will be said to them 'Drink,' and they will fall down in Hell (instead). Then it will be said to the Christians, 'What did you use to worship?'

They will reply, 'We used to worship Messiah, the son of Allah.' It will be said, 'You are liars, for Allah has neither a wife nor a son. What: do you want (now)?' They will say, 'We want You to provide us with water.' It will be said to them, 'Drink,' and they will fall down in Hell (instead). When there remain only those who used to worship Allah (Alone), both the obedient ones and the mischievous ones, it will be said to them, 'What keeps you here when all the people have gone?' They will say, 'We parted with them (in the world) when we were in greater need of them than we are today, we heard the call of one proclaiming, 'Let every nation follow what they used to worship,' and now we are waiting for our Lord.' Then the Almighty will come to them in a shape other than the one which they saw the first time, and He will say, 'I am your Lord,' and they will say, 'You are not our Lord.' And none will speak: to Him then but the Prophets, and then it will be said to them, 'Do you know ...

We came to Jabir ibn Abdullah who was sitting in his mosque. He said: The Messenger of Allah (saws) came to us in this mosque and he had a twig of date-palm of the kind of Ibn Tab. He looked and saw phlegm on the wall towards qiblah. He turned to it and scraped it with the twig.

He then said: Who of you likes that Allah turns His face from him? He further said: When any of you stands for praying, Allah faces him. So he should not spit before him, nor on his right side. He should spit on his left side under his left foot. If he is in a hurry (i.e. forced to spit immediately), he should do with his cloth in this manner. He then placed the cloth on his mouth and rubbed it off.

He then said: Bring perfume. A young man of the tribe stood and hurried to his house and returned with perfume in his palm. The Messenger of Allah (saws) took it and put it at the end of the twig. He then stained the mark of phlegm with it.

Jabir said: This is the reason you use perfume in your mosques.

I asked Allah's Apostle about the Mi'rad. He said, "If you hit the game with its sharp edge, eat it, but if the Mi'rad hits the game with its shaft with a hit by its broad side do not eat it, for it has been beaten to death with a piece of wood. (i.e. unlawful)." I asked, "If I let loose my trained hound after a game?" He said, "If you let loose your trained hound after game, and mention the name of Allah, then you can eat." I said, "If the hound eats of the game?" He said "Then you should not eat of it, for the hound has hunted the game for itself and not for you." I said, "Some times I send my hound and then I find some other hound with it?" He said "Don't eat the game, as you have mentioned the Name of Allah on your dog only and not on the other."

That the Messenger of Allah (saws) said: "Three will not be spoken to by Allah on the Day of Judgement, nor will they be purified, and for them is a painful torment: A man that gave a pledge to an Imam, and if he gives to him he fulfills it, and if he does not give to him he does not fulfill not fulfill it."

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

Abdullah (bin Mas'ud) said, "Whoever took a false oath in order to grab somebody's property will meet Allah while Allah will be angry with him." Allah revealed the following verse to confirm that:--"Verily! Those who purchase a small gain at the cost of Allah's covenant And their oaths...a painful torment." (3.77)

Al-Ash'ath bin Qais came to us and asked as to what Abu Abdur-Rehman (i.e. Ibn Mas'ud) was telling you." We related the story to him. On that he said, "He has told the truth. This verse was revealed about me. I had some dispute with another man regarding a well and we took the case before Allah's Apostle. Allah's Apostle said (to me), "Produce two witnesses (to support your claim); otherwise the defendant has the right to take an oath (to refute your claim).' I said, 'The defendant would not mind to take a false oath." Allah's Apostle then said, 'Whoever took a false oath in order to grab someone else's property will meet Allah, Allah will be angry with him.' Allah then revealed what Confirmed it." Al-Ash'ath then recited the following Verse:--"Verily! Those who purchase a small gain at the cost of Allah's covenant, And their oaths . . . (to) . . . they shall have a painful torment!' (3.77) (See Hadith No. 546)

While I was walking with Ibn `Umar holding his hand, a man came in front of us and asked, "What have you heard from Allah's Apostle about An-Najwa?" Ibn `Umar said, "I heard Allah's Apostle saying, 'Allah will bring a believer near Him and shelter him with His Screen and ask him: Did you commit such-and-such sins? He will say: Yes, my Lord. Allah will keep on asking him till he will confess all his sins and will think that he is ruined. Allah will say: 'I did screen your sins in the world and I forgive them for you today', and then he will be given the book of his good deeds. Regarding infidels and hypocrites (their evil acts will be exposed publicly) and the witnesses will say: These are the people who lied against their Lord. Behold! The Curse of Allah is upon the wrongdoers." (11.18)

AbulHaytham ibn at-Tayhan prepared food for the Messenger of Allah (saws), and he invited the Prophet (saws) and his Companions. When they finished (food), the said: If some people enter the house of a man, his food is eaten and his drink is drunk, and they supplicate (to Allah) for him, this is his reward.

Once `Umar (bin Al-Khattab) said to the companions of the Prophet "What do you think about this Verse:--"Does any of you wish that he should have a garden?" They replied, "Allah knows best." `Umar became angry and said, "Either say that you know or say that you do not know!" On that Ibn `Abbas said, "O chief of the believers! I have something in my mind to say about it." `Umar said, "O son of my brother! Say, and do not under estimate yourself." Ibn `Abbas said, "This Verse has been set up as an example for deeds." `Umar said, "What kind of deeds?" Ibn `Abbas said, "For deeds." `Umar said, "This is an example for a rich man who does goods out of obedience of Allah and then Allah sends him Satan whereupon he commits sins till all his good deeds are lost."

While I was at Yemen, I met two men from Yemen called Dhu Kala and Dhu `Amr, and I started telling them about Allah's Apostle. Dhu `Amr said to me, "If what you are saying about your friend (i.e. the Prophet) is true, then he has died three days ago." Then both of them accompanied me to Medina, and when we had covered some distance on the way to Medina, we saw some riders coming from Medina. We asked them and they said, "Allah's Apostle has died and Abu Bakr has been appointed as the Caliph and the people are in a good state.' Then they said, "Tell your friend (Abu Bakr) that we have come (to visit him), and if Allah will, we will come again." So they both returned to Yemen. When I told Abu Bakr their statement, he said to me, "I wish you had brought them (to me)." Afterwards I met Dhu `Amr, and he said to me, "O Jarir! You have done a favor to me and I am going to tell you something, i.e. you, the nation of 'Arabs, will remain prosperous as long as you choose and appoint another chief whenever a former one is dead. But if authority is obtained by the power of the sword, then the rulers will become kings who will get angry, as kings get angry, and will be delighted as kings get delighted."

Allah's Apostle said, "Fasting is a shield (or a screen or a shelter). So, the person observing fasting should avoid sexual relation with his wife and should not behave foolishly and impudently, and if somebody fights with him or abuses him, he should tell him twice, 'I am fasting." The Prophet added, "By Him in Whose Hands my soul is, the smell coming out from the mouth of a fasting person is better in the sight of Allah than the smell of musk. (Allah says about the fasting person), 'He has left his food, drink and desires for My sake. The fast is for Me. So I will reward (the fasting person) for it and the reward of good deeds is multiplied ten times."

When the Prophet got up at night to offer the Tahajjud prayer, he used to say: Allahumma lakal-hamd. Anta qaiyyimus-samawati wal-ard wa man fihinna. Walakal-hamd, Laka mulkus-samawati wal-ard wa man fihinna. Walakal-hamd, anta nurus-samawati wal-ard. Wa lakal-hamd, anta-l-haq wa wa'duka-lhaq, wa liqa'uka Haq, wa qauluka Haq, wal-jannatu Han wan-naru Haq wannabiyuna Haq. Wa Muhammadun, sallal-lahu'alaihi wasallam, Haq, was-sa'atu Haq. Allahumma aslamtu Laka wabika amantu, wa 'Alaika tawakkaltu, wa ilaika anabtu wa bika khasamtu, wa ilaika hakamtu faghfir li ma qaddamtu wama akh-khartu wama as-rartu wama'a lantu, anta-l-muqaddim wa anta-l-mu akh-khir, la ilaha illa anta (or la ilaha ghairuka). (O Allah! All the praises are for you, You are the Holder of the Heavens and the Earth, And whatever is in them. All the praises are for You; You have the possession of the Heavens and the Earth And whatever is in them. All the praises are for You; You are the Light of the Heavens and the Earth And all the praises are for You; You are the King of the Heavens and the Earth; And all the praises are for You; You are the Truth and Your Promise is the truth, And to meet You is true, Your Word is the truth And Paradise is true And Hell is true And all the Prophets (Peace be upon them) are true; And Muhammad is true, And the Day of Resurrection is true. O Allah ! I surrender (my will) to You; I believe in You and depend on You. And repent to You, And with Your help I argue (with my opponents, the non-believers) And I take You as a judge (to judge between us). Please forgive me my previous And future sins; And whatever I concealed or revealed And You are the One who make (some people) forward And (some) backward. There is none to be worshipped but you . Sufyan said that `Abdul Karim Abu Umaiya added to the above, 'Wala haula Wala quwata illa billah' (There is neither might nor power except with Allah).

Allah's Apostle said, "By Him in Whose Hands my soul is, surely (Jesus,) the son of Mary will soon descend amongst you and will judge mankind justly (as a Just Ruler); he will break the Cross and kill the pigs and there will be no Jizya (i.e. taxation taken from non Muslims). Money will be in abundance so that nobody will accept it, and a single prostration to Allah (in prayer) will be better than the whole world and whatever is in it." Abu Huraira added "If you wish, you can recite (this verse of the Holy Book): -- 'And there is none Of the people of the Scriptures (Jews and Christians) But must believe in him (i.e Jesus as an Apostle of Allah and a human being) Before his death. And on the Day of Judgment He will be a witness Against them." (4.159) (See Fath-ul-Bari, Page 302 Vol 7)

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

Malik said, "This is what is done among us."

Malik added, "If she does not have a menstrual period, her idda is three months."

AbdurRahman ibn Amr as-Sulami and Hujr ibn Hujr said: We came to Irbad ibn Sariyah who was among those about whom the following verse was revealed: "Nor (is there blame) on those who come to thee to be provided with mounts, and when thou saidst: "I can find no mounts for you."

We greeted him and said: We have come to see you to give healing and obtain benefit from you.

Al-Irbad said: One day the Messenger of Allah (saws) led us in prayer, then faced us and gave us a lengthy exhortation at which the eyes shed tears and the hearts were afraid.

A man said: Messenger of Allah! It seems as if it were a farewell exhortation, so what injunction do you give us?

He then said: I enjoin you to fear Allah, and to hear and obey even if it be an Abyssinian slave, for those of you who live after me will see great disagreement. You must then follow my sunnah and that of the rightly-guided caliphs. Hold to it and stick fast to it. Avoid novelties, for every novelty is an innovation, and every innovation is an error.

Zaynab said, "I heard my mother, Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, say that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! My daughter's husband died, and her eyes are troubling her, can she put kohl on them?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No' two or three times. Then he said, 'It is only four months and ten days. In the Jahiliyya, none of you threw away the piece of dung until a year had passed.' "

Humayd ibn Nafi said, "I asked Zaynab to explain what 'throwing away the piece of dung at the end of a year' meant. Zaynab said, 'In the Jahiliyya when a woman's husband died, she went into a small tent and dressed in the worst of clothes. She did not touch perfume or anything until a year had passed. Then she was brought an animal - a donkey, a sheep, or a bird, and she would break her idda with it, by rubbing her body against it (taftaddu). Rarely did she break her idda with anything (by rubbing herself against it) but that it died. Then she would come out and would be given a piece of dung. She would throw it away and then return to whatever she wished of perfumes or whatever.' "

Malik explained, 'Taftaddu' means to wipe her skin with it in the same way as with a healing charm."

Sulaym ibn Amir, a man of Himyar, said: There was a covenant between Mu'awiyah and the Byzantines, and he was going towards their country, and when the covenant came to an end, he attacked them. A man came on a horse, or a packhorse saying, Allah is Most Great, Allah is Most Great; let there be faithfulness and not treachery. And when they looked they found that he was Amr ibn Abasah. Mu'awiyah sent for him and questioned him (about that). He said: I heard the Messenger of Allah (saws) say: When one has covenant with people he must not strengthen or loosen it till its term comes to an end or he brings it to an end in agreement with them (to make both the parties equal). So Mu'awiyah returned.

The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet made a treaty, and neither did the Prophet fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).

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.

Yahya related to me from Malik from Abu'n Nadr, the mawla of Abdullah ibn Ubaydullah, from Sulayman ibn Yasar from alMiqdad ibn al- Aswad that Ali ibn Abi Talib told him to ask the Messenger of Allah, may Allah bless him and grant him peace, what a man should do, who, when close to his wife, had a flow of prostatic fluid. Ali explained that the daughter of the Messenger of Allah, may Allah bless him and grant him peace, was living with him then and he was too shy to ask for himself. Al-Miqdad said, "I asked the Messenger of Allah, may Allah bless him and grant him peace, about it, and he said, 'When you find that, wash your genitals with water and do wudu as for prayer.' "

Um Hufaid bint Al-Harith bin Hazn presented the Prophet with some butter, dried yoghurt (curd milk) and mastigures as a gift. The Prophet then asked for a meal (mastigures etc. to be put) and it was eaten over his table cloth, but the Prophet did not eat of it, as he had aversion to it. But if it had been illegal to eat, it would not have been eaten over his table cloth nor would he have ordered that (mastigures meat) to be eaten.

That the Messenger of Allah (saws) said: "Hearing and obeying is required from every Muslim man - in what he like and what he dislikes - as long as he is not ordered with disobedience. If he is ordered with disobedience, then no hearing or obeying is required of him."

[Abu 'Eisa said:] There are narrations on this topic from 'Ali, 'Imran bin Husain, and Al-Hakam bin 'Amr Al-Ghifari. This Hadith is Hasan Sahih.

The Prophet said, "If the wife gives of her husband's property (something in charity) without his permission, he will get half the reward."

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."

The Prophet said, "A man used to do sinful deeds, and when death came to him, he said to his sons, 'After my death, burn me and then crush me, and scatter the powder in the air, for by Allah, if Allah has control over me, He will give me such a punishment as He has never given to anyone else.' When he died, his sons did accordingly. Allah ordered the earth saying, 'Collect what you hold of his particles.' It did so, and behold! There he was (the man) standing. Allah asked (him), 'What made you do what you did?' He replied, 'O my Lord! I was afraid of You.' So Allah forgave him. " Another narrator said "The man said, Fear of You, O Lord!"

(the wife of the Prophet) When believing women came to the Prophet as emigrants, he used to test them in accordance with the order of Allah. 'O you who believe! When believing women come to you as emigrants, examine them . . .' (60.10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah's Apostle would say to them, "Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah's Apostle never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah's Apostle did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, "I have accepted your oath of allegiance."