I was in the house of Maymunah. The Messenger of Allah (saws) accompanied by Khalid ibn al-Walid entered. Two roasted long-tailed lizards (dabb) placed on the sticks were brought to him. The Messenger of Allah (saws) spat. Khalid said: I think that you abominate it, Messenger of Allah. He said: Yes. Then the Messenger of Allah (saws) was brought milk, and he drank (it). The Messenger of Allah (saws) then said: When one of you eats food, he should say: O Allah, bless us in it, and give us food (or nourishment) better than it. When he is given milk to drink he should say: O Allah! bless us in it and give us more of it, for no food or drink satisfies like milk.

Abu Dawud said: This is the Musaddad's version.

I went along with some men from the Ash-ariyin to Allah's Apostle and it happened that I met him while he was in an angry mood. We asked him to provide us with mounts, but he swore that he would not give us any. Later on he said, "By Allah, Allah willing, if ever I take an oath (to do something) and later on I find something else better than the first, then I do the better one and give expiation for the dissolution of my oath."

‘Ata said Abu Hurairah was asked Whether a woman could give sadaqah from the house (property) of her husband. He replied `No’. She can give it from her maintenance. The reward will be divided between them. It is not lawful for her to give sadaqah from her husband’s property without his permission.

Abu Dawud said This version weakens the version narrated by Hammam (bin Munabbih).

During the Pre-Islamic period of Ignorance, the people used to perform Tawaf of the Ka`ba naked except the Hums; and the Hums were Quraish and their offspring. The Hums used to give clothes to the men who would perform the Tawaf wearing them; and women (of the Hums) used to give clothes to the women who would perform the Tawaf wearing them. Those to whom the Hums did not give clothes would perform Tawaf round the Ka`ba naked. Most of the people used to go away (disperse) directly from `Arafat but they (Hums) used to depart after staying at Al-Muzdalifa. `Urwa added, "My father narrated that `Aisha had said, 'The following verses were revealed about the Hums: Then depart from the place whence all the people depart--(2.199) `Urwa added, "They (the Hums) used to stay at Al-Muzdalifa and used to depart from there (to Mina) and so they were sent to `Arafat (by Allah's order)."

I asked: Messenger of Allah, what will remove from me the obligation due for fostering a child? He said: A slave or a slave-woman.

Malik said, "The inheritance of a husband from a wife when she leaves no children or grandchildren through sons is a half. If she leaves children or grandchildren through sons, male or female, by her present or previous husbands, the husband has a quarter after bequests or debts. The inheritance of a wife from a husband who does not leave children or grandchildren through sons is a quarter. If he leaves children or grandchildren through sons, male or female, the wife has an eighth after bequests and debts. That is because Allah, the Blessed, the Exalted! said in His Book, 'You have a half of what your wives leave if they have no children. If they have children, you have a fourth of what they leave after bequests and debts. They have a fourth of what you leave if you have no children. If you have children, they have an eighth after bequests or debts.' " (Sura4ayat 11).

(regarding the Verse):-- 'Cruel after all that, base-born (of illegitimate birth).' (68.13) It was revealed in connection with a man from Quaraish who had a notable sign (Zanamah) similar to the notable sign which usually-hung on the neck of a sheep (to recognize it).

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

The Prophet said, "Last night two men came to me (in a dream) and made me ascend a tree and then admitted me into a better and superior house, better of which I have never seen. One of them said, 'This house is the house of martyrs."

Allah's Apostle visited a household among the Ansars, and he took a meal with them. When he intended to leave, he asked for a place in that house for him, to pray so a mat sprinkled with water was put and he offered prayer over it, and invoked for Allah's Blessing upon them (his hosts).

A woman threw a stone at another woman and she aborted. The dispute was brought to the Messenger of Allah (saws). He gave judgment that five hundred sheep should be paid for her (unborn) child, and forbade throwing stones.

Abu Dawud said: The version of this tradition goes in this way, i.e. five hundred sheep. What is correct is one hundred sheep. Abu Dawud said: 'Abbas transmitted this tradition this way, but it is misunderstanding.

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."

The Prophet (saws) said: If anyone has a female child, and does not bury her alive, or slight her, or prefer his children (i.e. the male ones) to her, Allah will bring him into Paradise. Uthman did not mention "male children".

Some women requested the Prophet to fix a day for them as the men were taking all his time. On that he promised them one day for religious lessons and commandments. Once during such a lesson the Prophet said, "A woman whose three children die will be shielded by them from the Hell fire." On that a woman asked, "If only two die?" He replied, "Even two (will shield her from the Hell-fire).

The Messenger of Allah (saws) entered upon us in the mosque, and he had a stick in his hand. A man hung there a bunch of hashaf. He struck the bunch with the stick, and said: If the owner of this sadaqah (alms) wishes to give a better one than it, he would give. The owner of this sadaqah will eat hashaf on the Day of Judgment.

Yahya related to me from Malik from Nafi that Abdullan ibn Umar said, "The only place a woman whose husband has died and a woman who is absolutely divorced can spend the night is in their houses."

Malik related to me that he had heard that Said ibn al-Musayyab was asked about a mukatab who was shared between two men. One of them freed his portion and then the mukatab died and left a lot of money. Said replied, "The one who kept his kitaba is paid what remains due to him, and then they divide what is left between them both equally."

Malik said, "When a mukatab who fulfils his kitaba and becomes free dies, he is inherited from by the people who wrote his kitaba and their children and paternal relations - whoever is most deserving."

He said, "This is also for whoever is set free when he dies after being set free - his inheritance is for the nearest people to him of children or paternal relations who inherit by means of the wala'."

Malik said, "Brothers, written together in the same kitaba, are in the same position as children to each other when none of them have children written in the kitaba or born in the kitaba. When one of them dies and leaves property, he pays for them all that is against them of their kitaba and sets them free. The money left over after that goes to his children rather than his brothers."

Allah's Apostle said, "If one give in charity what equals one date-fruit from the honestly earned money and Allah accepts only the honestly earned money --Allah takes it in His right (hand) and then enlarges its reward for that person (who has given it), as anyone of you brings up his baby horse, so much s that it becomes as big as a mountain

When `Abdur-Rahman bin `Auf married an Ansari woman, the Prophet asked him, "How much Mahr did you give her?" `Abdur-Rahman said, "Gold equal to the weight of a date stone." Anas added: When they (i.e. the Prophet and his companions) arrived at Medina, the emigrants stayed at the Ansar's houses. `Abdur-Rahman bin `Auf stayed at Sa`d bin Ar-Rabi's house. Sa`d said to `Abdur- Rahman, "I will divide and share my property with you and will give one of my two wives to you." `Abdur-Rahman said, "May Allah bless you, your wives and property (I am not in need of that; but kindly show me the way to the market)." So `Abdur-Rahman went to the market and traded there gaining a profit of some dried yoghurt and butter, and married (an Ansari woman). The Prophet said to him, "Give a banquet, even if with one sheep."

Yahya related to me from Malik that he had heard that `Urwa ibn az-Zubayr said that if the child of the woman against whom li`an had been pronounced or the child of fornication, died, his mother inherited from him her right in the Book of Allah the Exalted, and his maternal half-brothers had their rights. The rest was inherited by the owners of his mother's wala' if she was a freed slave. If she was an ordinary free woman, she inherited her right, his maternal brothers inherited their rights, and the rest went to the Muslims.

Malik said,"I heard the same as that from Sulayman ibn Yasar, and it is what I saw the people of knowledge in our city doing."

Allah's Apostle said, "There were two women with whom there were their two sons. A wolf came and took away the son of one of them. That lady said to her companion, 'The wolf has taken your son.' The other said, 'But it has taken your son.' So both of them sought the judgment of (the Prophet) David who judged that the boy should be given to the older lady. Then both of them went to (the Prophet) Solomon, son of David and informed him of the case. Solomon said, 'Give me a knife so that I may cut the child into two portions and give one half to each of you.' The younger lady said, 'Do not do so; may Allah bless you ! He is her child.' On that, he gave the child to the younger lady." Abu Huraira added: By Allah! I had never heard the word 'Sakkin' as meaning knife, except on that day, for we used to call it "Mudya".

Malik related to me from Hisham ibn Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "No one leaves Madina preferring to live elsewhere, but that Allah will give it better than him in place of him ."

The wives of the Prophet out of their jealousy, backed each other against the Prophet, so I said to them, "It may be, if he divorced you all, that Allah will give him, instead of you wives better than you." So this Verse was revealed. (66.5)

The marriage of Zainab bint Jahash was mentioned in the presence of Anas and he said, "I did not see the Prophet giving a better banquet on marrying any of his wives than the one he gave on marrying Zainab. He then gave a banquet with one sheep."

The Prophet said, "When a woman gives in charity from her house meals in Allah's Cause without spoiling her husband's property, she will get a reward for it, and her husband will also get the reward for his earnings and the storekeeper will get a reward likewise."

The collector used to visit the water-hole when the sheep went there and say: Pay the sadaqah (zakat) on your property. The narrator said: A man wanted to give him his high-humped camel (kawma'). The narrator (Hilal) asked: What is kawma', AbuSalih? He said: A camel a high hump.

The narrator continued: He (the collector) refused to accept it. He said: I wish you could take the best of my camels. He refused to accept it. He then brought another camel lower in quality than the previous one. He refused to accept it too. He then brought another camel lower in quality than the previous one. He accepted it, saying: I shall take it, but I am afraid the Messenger of Allah (saws) might be angry with me, saying to me: You have purposely taken from a man a camel of your choice.

Abu Dawud said: This tradition has also been narrated by Hushaim from Hilal bin Khabbab to the same effect. But he said: Those which are in one flock are not to be separated.

An Ansari woman came to the Prophet in the company of her children, and the Prophet said to her, "By Him in Whose Hand my soul is, you are the most beloved people to me!" And he repeated the statement thrice.

(the wife of the Prophet (p.b.u.h) In the lifetime of the Prophet the sun eclipsed and he went to the Mosque and the people aligned behind him. He said the Takbir (starting the prayer) and prolonged the recitation (from the Qur'an) and then said Takbir and performed a prolonged bowing; then he (lifted his head and) said, "Sami allahu liman hamidah" (Allah heard him who sent his praises to Him). He then did not prostrate but stood up and recited a prolonged recitation which was shorter than the first recitation. He again said Takbir and then bowed a prolonged bowing but shorter than the first one and then said, "Sami`a l-lahu Lyman hamidah Rabbana walak-lhamd, (Allah heard him who sent his praises to Him. O our Sustainer! All the praises are for You)" and then prostrated and did the same in the second rak`a; thus he completed four bowing and four prostrations. The sun (eclipse) had cleared before he finished the prayer. (After the prayer) he stood up, glorified and praised Allah as He deserved and then said, "The sun and the moon are two of the signs of Allah. They do not eclipse because of the death or the life (i.e. birth) of someone. When you see them make haste for the prayer." Narrated Az-Zuhri: I said to 'Urwa, "When the sun eclipsed at Medina your brother (`Abdullah bin Az-Zubair) offered only a two-rak`at prayer like that of the morning (Fajr) prayer." 'Urwa replied, "Yes, for he missed the Prophet's tradition (concerning this matter)."

Malik related to me that Yahya ibn Said said that he heard al- Qasim ibn Muhammad say, "A woman of the Ansar was married to Umar ibn al-Khattab. She bore Asim ibn Umar to him, and then he separated from her. Umar came to Quba and found his son Asim playing in the courtyard of the mosque. He took him by the arm and placed him before him on his mount. The grandmother of the child saw him and argued with Umar about the child so they went to Abu Bakr as-Siddiq. Umar said, 'My son.' The woman said, 'My son.' Abu Bakr said, 'Do not interfere between a child and its mother.' Umar did not repeat his words."

Yahya said that he heard Malik say, "This is what I would have done in that situation."

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."

Allah's Apostle said to us while we were in a gathering, "Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)

Allah's Apostle said, "Allah will say to the people of Paradise, 'O the people of Paradise!' They will say, 'Labbaik, O our Lord, and Sa`daik!' Allah will say, 'Are you pleased?" They will say, 'Why should we not be pleased since You have given us what You have not given to anyone of Your creation?' Allah will say, 'I will give you something better than that.' They will reply, 'O our Lord! And what is better than that?' Allah will say, 'I will bestow My pleasure and contentment upon you so that I will never be angry with you after for-ever.' "

The Prophet delivered to us a sermon on the Day of Nahr. He said, "Do you know what is the day today?" We said, "Allah and His Apostle know better." He remained silent till we thought that he might give that day another name. He said, "Isn't it the Day of Nahr?" We said, "It is." He further asked, "Which month is this?" We said, "Allah and His Apostle know better." He remained silent till we thought that he might give it another name. He then said, "Isn't it the month of Dhul-Hijja?" We replied: "Yes! It is." He further asked, "What town is this?" We replied, "Allah and His Apostle know it better." He remained silent till we thought that he might give it another name. He then said, "Isn't it the forbidden (Sacred) town (of Mecca)?" We said, "Yes. It is." He said, "No doubt, your blood and your properties are sacred to one another like the sanctity of this day of yours, in this month of yours, in this town of yours, till the day you meet your Lord. No doubt! Haven't I conveyed Allah's message to you? They said, "Yes." He said, "O Allah! Be witness. So it is incumbent upon those who are present to convey it (this information) to those who are absent because the informed one might comprehend it (what I have said) better than the present audience, who will convey it to him. Beware! Do not renegade (as) disbelievers after me by striking the necks (cutting the throats) of one another."

Malik said, "Everyone leading an animal by the halter, driving it, and riding it is responsible for what the animal strikes unless the animal kicks out without anything being done to it to make it kick out. Umar ibn al-Khattab imposed the blood-money on a person who was exercising his horse."

Malik said, "It is more fitting that a person leading an animal by the halter, driving it, or riding it incur a loss than a person who is exercising his horse." (See hadith 4 of this book).

Malik said, "What is done in our community about a person who digs a well on a road or ties up an animal or does the like of that on a road used by muslims, is that since what he has done is included in that which he is not permitted to do in such a place, he is liable for whatever injury or other thing arises from that action. The blood-money of that which is less than a third of the full blood- money is owed from his own personal property. Whatever reaches a third or more, is owed by his tribe. Any such things that he does which he is permitted to do on the muslims' road are something for which he has no liability or loss. Part of that is a hole which a man digs to collect rain, and the beast from which the man alights for some need and leaves standing on the road. There is no penalty against anyone for this."

Malik spoke about a man who went down a well, and another man followed behind him, and the lower one pulled the higher one and they fell into the well and both died He said, "The tribe of the one who pulled him in is responsible for the blood-money."

Malik spoke about a child whom a man ordered to go down into a well or to climb a palm tree and he died as a result. He said, "The one who ordered him is liable for whatever befalls him, be it death or something else."

Malik said, "The way of doing things in our community about which there is no dispute is that women and children are not obliged to pay blood-money together with the tribe in the blood-moneys which the tribe must pay. The blood-money is only obligatory for a man who has reached puberty."

Malik said that the tribe could bind themselves to the blood-money of mawali if they wished. If they refused, they were people of the diwan or were cut off from their people. In the time of the Messenger of Allah, may Allah bless him and grant him peace, people paid the blood-money to each other as well as in the time of Abu Bakr as-Siddiq before there was a diwan. The diwan was in the time of Umar ibn al-Khattab. No one other than one's people and the ones holding the wala' paid blood- money for one because the wala' was not transferable and because the Prophet, may Allah bless him and grant him peace, said, "The wala' belongs to the one who sets free."

Malik said, "The wala' is an established relationship."

Malik said, "What is done in our community about animals that are injured is that the person who causes the injury pays whatever of their value has been diminished."

Malik said about a man condemned to death and one of the other hudud befell him, "He is not punished for it. That is because the killing overrides all of that, except for slander. The slander remains hanging over the one to whom it was said because it will be said to him, 'Why do you not flog the one who slandered you?' I think that the condemned man is flogged with the hadd before he is killed, and then he is killed. I do not think that any retaliation is inflicted on him for any injury except killing because killing overrides all of that."

Malik said, "What is done in our community is that when a murdered person is found among the main body of a people in a village or other place, the house or place of the nearest people to him is not responsible. That is because the murdered person can be slain and then cast at the door of some people to shame them by it. No one is responsible for the like of that."

Malik said about a group of people who fight with each other and when the fight is broken up, a man is found dead or wounded, and it is not known who did it, "The best of what is heard about that is that there is blood-money for him, and the blood-money is against the people who argued with him. If the injured or slain person is not from either of the two parties, his blood-money is against both of the two parties together."

The Prophet forbade the use of the price of blood and the price of a dog, the one who takes (eats) usury the one who gives usury, the woman who practises tattooing and the woman who gets herself tattooed.

Yahya related to me from Malik that Yahya ibn Said said that he heard Said ibn al-Musayyab say, "Suckling is only while the child is in the cradle. If not, it does not cause flesh and blood relations."

The Prophet said that your Lord said, "Every (sinful) deed can be expiated; and the fast is for Me, so I will give the reward for it; and the smell which comes out of the mouth of a fasting person, is better in Allah's Sight than the smell of musk." (See Hadith No. 584)

Once the Prophet came while a woman was sitting with me. He said, "Who is she?" I replied, "She is so and so," and told him about her (excessive) praying. He said disapprovingly, "Do (good) deeds which is within your capacity (without being overtaxed) as Allah does not get tired (of giving rewards) but (surely) you will get tired and the best deed (act of Worship) in the sight of Allah is that which is done regularly."

Abu Shuraih said, "When `Amr bin Sa`id was sending the troops to Mecca (to fight `Abdullah bin Az- Zubair) I said to him, 'O chief! Allow me to tell you what the Prophet said on the day following the conquests of Mecca. My ears heard and my heart comprehended, and I saw him with my own eyes, when he said it. He glorified and praised Allah and then said, "Allah and not the people has made Mecca a sanctuary. So anybody who has belief in Allah and the Last Day (i.e. a Muslim) should neither shed blood in it nor cut down its trees. If anybody argues that fighting is allowed in Mecca as Allah's Apostle did fight (in Mecca), tell him that Allah gave permission to His Apostle, but He did not give it to you. The Prophet added: Allah allowed me only for a few hours on that day (of the conquest) and today (now) its sanctity is the same (valid) as it was before. So it is incumbent upon those who are present to convey it (this information) to those who are absent." Abu- Shuraih was asked, "What did `Amr reply?" He said `Amr said, "O Abu Shuraih! I know better than you (in this respect). Mecca does not give protection to one who disobeys (Allah) or runs after committing murder, or theft (and takes refuge in Mecca).

I came to the Prophet (saws). He then narrated the rest of the tradition.

A man from the people said: "Messenger of Allah! tell us about Saba'; what is it: land or woman? He replied: It is neither land nor woman; it is a man to whom ten children of the Arabs were born: six of them lived in the Yemen and four lived in Syria.

The narrator Uthman said al-Ghatafani instead of al-Ghutayfi. He said: It has been transmitted to us by al-Hasan ibn al-Hakam an-Nakha'i.

On a rainy day Ibn `Abbas said to his Mu'adh-dhin, "After saying, 'Ash-hadu anna Muhammadan Rasulullah' (I testify that Muhammad is Allah's Apostle), do not say 'Haiya 'Alas-Salat' (come for the prayer) but say 'Pray in your houses'." (The man did so). But the people disliked it. Ibn `Abbas said, "It was done by one who was much better than I (i.e. the Prophet (p.b.u.h) ). No doubt, the Jumua prayer is compulsory but I dislike to put you to task by bringing you out walking in mud and slush."