Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the compensation for a foetus killed in its mother's womb was a slave or slave-girl of fair complexion and excellence. The one against whom the judgement was given said, "Why should I pay damages for that which did not drink or eat or speak or make any cry. The like of that is nothing." The Messenger of Allah, may Allah bless him and grant him peace, said, "This is only one of the brothers of the diviners." He disapproved of the rhyming speech of the man's declaration.

We got the news of the migration of the Prophet while we were in Yemen, so we set out migrating to him. We were, I and my two brothers, I being the youngest, and one of my brothers was Abu Burda and the other was Abu Ruhm. We were over fifty (or fifty-three or fifty two) men from our people. We got on board a ship which took us to An-Najashi in Ethiopia, and there we found Ja`far bin Abu Talib and his companions with An-Najaishi. Ja`far said (to us), "Allah's Apostle has sent us here and ordered us to stay here, so you too, stay with us." We stayed with him till we all left (Ethiopia) and met the Prophet at the time when he had conquered Khaibar. He gave us a share from its booty (or gave us from its booty). He gave only to those who had taken part in the Ghazwa with him. but he did not give any share to any person who had not participated in Khaibar's conquest except the people of our ship, besides Ja`far and his companions, whom he gave a share as he did them (i.e. the people of the ship).

Malik related to me that he had heard that Urwa ibn az-Zubayr and Sulayman ibn Yasar said, "The mukatab is a slave as long as any of his kitaba remains to be paid."

Malik said, "This is my opinion as well."

Malik said, "If a mukatab dies and leaves more property than what remains to be paid of his kitaba and he has children who were born during the time of his kitaba or whose kitaba has been written as well, they inherit any property that remains after the kitaba has been paid."

I then asked: Messenger of Allah, (what should we do), if the people are assembled together?

He replied: If it is within your power that no one looks at it, then no one should look at it.

I then asked: Messenger of Allah if one of us is alone, (what should he do)?

He replied: Allah is more entitled than people that bashfulness should be shown to him.

[Al-Bukhari].

Once the Prophet offered the `Asr prayer and then hurriedly went to his house and returned immediately. I (or somebody else) asked him (as to what was the matter) and he said, "I left at home a piece of gold which was from the charity and I disliked to let it remain a night in my house, so I got it distributed . "

Ibn `Umar never offered the Duha prayer except on two occasions: (1) Whenever he reached Mecca; and he always used to reach Mecca in the forenoon. He would perform Tawaf round the Ka`ba and then offer two rak`at at the rear of Maqam Ibrahim. (2) Whenever he visited Quba, for he used to visit it every Saturday. When he entered the Mosque, he disliked to leave it without offering a prayer. Ibn `Umar narrated that Allah's Apostle used to visit the Mosque of Quba (sometime) walking and (sometime) riding. And he (i.e. Ibn `Umar) used to say, "I do only what my companions used to do and I don't forbid anybody to pray at any time during the day or night except that one should not intend to pray at sunrise or sunset."

While the Prophet was in a funeral procession, he took a small stick and started scraping the earth with it and said, "There is none among you but has his place written for him, either in the Hell Fire or in Paradise." They (the people) said, "Allah's Apostle! Shall we depend on this (and leave work)?" He replied. "Carry on doing (good deeds), for everybody will find easy (to do) such deeds as will lead him to his destined place." The Prophet then recited:-- 'As for him who gives (in charity) and keeps his duty to Allah, and believes in the Best Reward.'.....(92.5-10)

When the Prophet (saws) proceeded for the Battle of Badr, I said to him: Messenger of Allah allow me to accompany you in the battle. I shall act as a nurse for patients. It is possible that Allah might bestow martyrdom upon me. He said: Stay at your home. Allah, the Almighty , will bestow martyrdom upon you.

The narrator said: Hence she was called martyr. She read the Qur'an. She sought permission from the Prophet (saws) to have a mu'adhdhin in her house. He, therefore, permitted her (to do so).

She announced that her slave and slave-girl would be free after her death. One night they went to her and strangled her with a sheet of cloth until she died, and they ran away.

Next day Umar announced among the people, "Anyone who has knowledge about them, or has seen them, should bring them (to him)."

Umar (after their arrest) ordered (to crucify them) and they were crucified. This was the first crucifixion at Medina.

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."

Some property or something was brought to Allah's Apostle and he distributed it. He gave to some men and ignored the others. Later he got the news of his being admonished by those whom he had ignored. So he glorified and praised Allah and said, "Amma ba'du. By Allah, I may give to a man and ignore another, although the one whom I ignore is more beloved to me than the one whom I give. But I give to some people as I feel that they have no patience and no contentment in their hearts and I leave those who are patient and self-content with the goodness and wealth which Allah has put into their hearts and `Amr bin Taghlib is one of them." `Amr added, By Allah! Those words of Allah's Apostle are more beloved to me than the best red camels.

(Musaddad's version has): The Messenger of Allah (saws) made a speech on the day of the conquest of Mecca, and said: Allah is Most Great, three times. He then said: There is no god but Allah alone: He fulfilled His promise, helped His servant, and alone defeated the companies.

(The narrator said:) I have remembered from Musaddad up to this.

Then the agreed version has: Take note! All the merits mentioned in pre-Islamic times, and the claim made for blood or property are under my feet, except the supply of water to the pilgrims and the custody of the Ka'bah. He then said: The blood-money for unintentional murder which appears intentional, such as is done with a whip and a stick, is one hundred camels, forty of which are pregnant. Musaddad's version is more accurate.

While I was a youngster, I asked `Aisha the wife of the Prophet. "What about the meaning of the Statement of Allah; "Verily! (the mountains) As-Safa and Al Marwa, are among the symbols of Allah. So, it is not harmful if those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them? (2.158) I understand (from that) that there is no harm if somebody does not perform the Tawaf between them." `Aisha replied, "No, for if it were as you are saying, then the recitation would have been like this: 'It is not harmful not to perform Tawaf between them.' This verse was revealed in connection with the Ansar who used to assume the Ihram for the idol Manat which was put beside a place called Qudaid and those people thought it not right to perform the Tawaf of As- Safa and Al-Marwa. When Islam came, they asked Allah's Apostle about that, and Allah revealed:-- "Verily! (the mountains) As-Safa and Al-Marwa Are among the symbols of Allah. So, it is not harmful of those who perform Hajj or `Umra of the House (Ka`ba at Mecca) to perform the going (Tawaf) between them." (2.158) Sufyan and Abu Muawiya added from Hisham (from `Aisha): "The Hajj or `Umra of the person who does not perform the going (Tawaf) between As-Safa and Al-Marwa is incomplete in Allah's sight.

A bedouin urinated in the mosque, and the people rushed to beat him. Allah's Apostle ordered them to leave him and pour a bucket or a tumbler (full) of water over the place where he has passed urine. The Prophet then said, " You have been sent to make things easy (for the people) and you have not been sent to make things difficult for them."

The Messenger of Allah (saws) was asked about the hanging fruit. He replied: If a needy person takes some and does not take a supply away in his garment, he is not to be blamed, but he who carries any of it away is to be find twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if its value reaches the price of a shield. Regarding stray camels and sheep he mentioned the same as others have done. He said: He was asked about finds and replied: If it is in a frequented road and a large town, make the matter known for a year, and if its owner comes, give it to him, but if he does not, it belongs to you. If it is in a place which has been a waste from ancient time, or if it is a hidden treasure (belonging to the Islamic period), it is subject to the payment of the fifth.

The Messenger of Allah (saws) forbade riding the camel which feeds on filth and drinking its milk.

Allah's Apostle forbade drinking directly from the mouth of a water skin or other leather containers. and forbade preventing one's neighbor from fixing a peg in (the wall of) one's house.

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Every child is born on the fitra and it is his parents who make him a jew or a christian. Just as a camel is born whole - do you perceive any defect?" They said, "Messenger of Allah, what happens to people who die when they are (very) young?" He said, "Allah knows best what they used to do."

Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I ...

The Prophet said, "Allah will say, 'O Adam!. Adam will reply, 'Labbaik and Sa`daik (I respond to Your Calls, I am obedient to Your orders), wal Khair fi Yadaik (and all the good is in Your Hands)!' Then Allah will say (to Adam), Bring out the people of the Fire.' Adam will say, 'What (how many) are the people of the Fire?' Allah will say, 'Out of every thousand (take out) nine hundred and ninety-nine (persons).' At that time children will become hoary-headed and every pregnant female will drop her load (have an abortion) and you will see the people as if they were drunk, yet not drunk; But Allah's punishment will be very severe." That news distressed the companions of the Prophet too much, and they said, "O Allah's Apostle! Who amongst us will be that man (the lucky one out of one-thousand who will be saved from the Fire)?" He said, "Have the good news that one-thousand will be from Gog and Magog, and the one (to be saved will be) from you." The Prophet added, "By Him in Whose Hand my soul is, I Hope that you (Muslims) will be one third of the people of Paradise." On that, we glorified and praised Allah and said, "Allahu Akbar." The Prophet then said, "By Him in Whose Hand my soul is, I hope that you will be one half of the people of Paradise, as your (Muslims) example in comparison to the other people (non-Muslims), is like that of a white hair on the skin of a black ox, or a round hairless spot on the foreleg of a donkey."

Hind bint `Utba bin Rabi`a said, "O Allah 's Apostle! (Before I embraced Islam), there was no family on the surface of the earth, I wish to have degraded more than I did your family. But today there is no family whom I wish to have honored more than I did yours." Allah's Apostle said, "I thought similarly, by Him in Whose Hand Muhammad's soul is!" Hind said, "O Allah's Apostle! (My husband) Abu Sufyan is a miser. Is it sinful of me to feed my children from his property?" The Prophet said, "No, unless you take it for your needs what is just and reasonable."

One of the wives of the Prophet (saws) took a bath from a large bowl. The Prophet (saws) wanted to perform ablution or take from the water left over. She said to him: O Prophet of Allah, verily I was sexually defiled. The Prophet said: Water not defiled.

Allah's Apostle gave a verdict regarding an aborted fetus of a woman from Bani Lihyan that the killer (of the fetus) should give a male or female slave (as a Diya) but the woman who was required to give the slave, died, so Allah's Apostle gave the verdict that her inheritance be given to her children and her husband and the Diya be paid by her 'Asaba.

Yahya related to me from Malik from Hisham ibn Urwa from his father that Asma bint Abi Bakr had worn clothes that were completely dyed with safflower while she was in ihram, though there was not any saffron in them.

Yahya said that Malik was asked if a garment which had been perfumed could be used for ihram if the smell of the perfume had gone, and he said, "Yes, as long as there is no saffron or yellow dye in it."

Yahya related to me from Malik that he had heard that Abdullah ibn Abbas used to shorten the prayer when he travelled a distance equivalent to that between Makka and Ta'if, and that between Makka and Usfan and that between Makka and Jedda.

Malik said, "That is four mail-stages, and to me that is the most preferable distance for shortening the prayer."

Malik said, "Someone who intends to travel does not shorten the prayer until he has left the houses of the village. And he does not do it in full until he comes to the first houses of the village, or is nearby."

A Bedouin stood up and started making water in the mosque. The people caught him but the Prophet ordered them to leave him and to pour a bucket or a tumbler of water over the place where he had passed the urine. The Prophet then said, "You have been sent to make things easy and not to make them difficult."

That once he stayed overnight (in the house) of his aunt Maimuna. the wife of the Prophet. He added: I lay on the cushion transversely and Allah's Apostle lay along with his wife in the lengthwise direction of the pillow. Allah's Apostle slept till the middle of the night, either a bit before or a bit after it, and then woke up rubbing the traces of sleep off his face with his hands and then he recited the last ten Verses of Surat-al-`Imran, got up and went to a hanging water skin. He then performed the ablution from it, and it was perfect ablution, and then stood up to offer the prayer. I too did the same as he had done, and then went to stand beside him. Allah's Apostle put his right hand on my head and held and twisted my right ear. He then offered two rak`at, then two rak`at, then two rak`at, then two rak`at, then two rak`at. then two rak`at, and finally one rak`a, the witr. Then he lay down again till the Muadhdhin (i.e. the call-maker) came to him, whereupon he got up and offered a light two-rak`at prayer, and went out (to the Mosque) and offered the (compulsory congregational) Fajr prayer.

Some people from the tribes of `Ukl and `Uraina came to Allah's Apostle and embraced Islam and said, "O Allah's Apostle! We are owners of livestock and have never been farmers," and they found the climate of Medina unsuitable for them. So Allah's Apostle ordered that they be given some camels and a shepherd, and ordered them to go out with those camels and drink their milk and urine. So they set out, but when they reached a place called Al-Harra, they reverted to disbelief after their conversion to Islam, killed the shepherd and drove away the camels. When this news reached the Prophet he sent in their pursuit (and they were caught and brought). The Prophet ordered that their eyes be branded with heated iron bars and their hands be cut off, and they were left at Al-Harra till they died in that state.

The Prophet said, "Whoever frees his portion of a common slave should free the slave completely by paying the rest of his price from his money if he has enough money; otherwise the price of the slave is to be estimated and the slave is to be helped to work without hardship till he pays the rest of his price."

That once he stayed overnight in the house of his aunt, the wife of the Prophet. He added: I lay on the cushion transversely while Allah's Apostle lay along with his wife in the lengthwise direction of cushion. Allah's Apostle slept till the middle of the night, either a bit before or a bit after it, and then woke up rubbing the traces of sleep off his face with his hands, and then recited the last ten Verses of Suratal-`Imran. Then he got up and went to a hanging water skin, performed ablution from it ---- and performed it perfectly. Then he stood up to perform the prayer. I also did the same as he had done and then went to stand beside him. Allah's Apostle put his right hand on my head and held and twisted my right ear. He then offered two rak`at, then two rak`at then two rak`at, then two then two rak`at, then two rak`at, and finally, one rak`a witr. Then lay down again till the Muadhdhin (i.e. the call-maker) came to him, whereupon he got up and offered a light two rak`at prayer and went out (to the Mosque) and offered the (compulsory congregational) Fajr prayer.

Allah's Apostle said, "Whoever prays in a single garment must cross its ends (over the shoulders).

The Prophet said on the day of Nahr, "Whoever has slaughtered his sacrifice before the prayer, should repeat it (slaughter another sacrifice)." A man got up and said, "O Allah's Apostle! This is a day on which meat is desired." He then mentioned his neighbors saying, "I have a six month old ram which is to me better than the meat of two sheep." The Prophet allowed him to slaughter it as a sacrifice, but I do not know whether this permission was valid for other than that man or not. The Prophet then went towards two rams and slaughtered them, and then the people went towards some sheep and distributed them among themselves.

That the Prophet sent his uncle, the brother of Um Sulaim at the head of seventy riders. The chief of the pagans, 'Amir bin at-Tufail proposed three suggestions (to the Prophet ) saying, "Choose one of three alternatives: (1) that the bedouins will be under your command and the townspeople will be under my command; (2) or that I will be your successor, (3) or otherwise I will attack you with two thousand from Bani Ghatafan." But 'Amir was infected with plague in the House of Um so-and-so. He said, "Shall I stay in the house of a lady from the family of so-and-so after having a (swelled) gland like that she-camel? Get me my horse." So he died on the back of his horse. Then Haram, the brother of Um Sulaim and a lame man along with another man from so-and-so (tribe) went towards the pagans (i.e. the tribe of 'Amir). Haram said (to his companions), "Stay near to me, for I will go to them. If they (i.e. infidels) should give me protection, you will be near to me, and if they should kill me, then you should go back to your companions. Then Haram went to them and said, "Will you give me protection so as to convey the message of Allah's Apostle ?" So, he started talking to them' but they signalled to a man (to kill him) and he went behind him and stabbed him (with a spear). He (i.e. Haram) said, "Allahu Akbar! I have succeeded, by the Lord of the Ka`ba!" The companion of Haram was pursued by the infidels, and then they (i.e. Haram's companions) were all killed except the lame man who was at the top of a mountain. Then Allah revealed to us a verse that was among the cancelled ones later on. It was: 'We have met our Lord and He is pleased with us and has made us pleased.' (After this event) the Prophet invoked evil on the infidels every morning for 30 days. He invoked evil upon the (tribes of) Ril, Dhakwan, Bani Lihyan and Usaiya who disobeyed Allah and His Apostle.

We used to give one Sa' of meal or one Sa' of barley or one Sa' of dates, or one Sa' of cottage cheese or one Sa' of Raisins (dried grapes) as Zakat-ul-Fitr.

Malik said, "The reckoning of the fingers is thirty-three dinars for each fingertip, and that is three and a third shares of camels."

Umar said, Ubayy was the best of us in the recitation (of the Qur'an) yet we leave some of what he recites. Ubayy says, "I have taken it from the mouth of Allah's Apostle and I will not leave it for anything." But Allah said "None of Our Revelations do We abrogate or cause to be forgotten but We substitute something better or similar." (Quran 2:106)

I do not know whether the Prophet forbade the eating of donkey-meat (temporarily) because they were the beasts of burden for the people, and he disliked that their means of transportation should be lost, or he forbade it on the day of Khaibar permanently.