Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

One night I slept at the house of (my aunt) Maimuna and the Prophet was there on that night. He performed ablution and stood up for the prayer. I joined him and stood on his left side but he drew me to his right and prayed thirteen rak`at and then slept till I heard his breath sounds. And whenever he slept, he used to breathe with audible sounds. The Mu'adh-dhin came to the Prophet and he went out and prayed the morning prayer) without repeating the ablution.

In the lifetime of Allah's Apostle , `Umar gave in charity some of his property, a garden of date-palms called Thamgh. `Umar said, "O Allah's Apostle! I have some property which I prize highly and I want to give it in charity." The Prophet; said, "Give it in charity (i.e. as an endowment) with its land and trees on the condition that the land and trees will neither be sold nor given as a present, nor bequeathed, but the fruits are to be spent in charity." So `Umar gave it in charity, and it was for Allah's Cause, the emancipation of slaves, for the poor, for guests, for travelers, and for kinsmen. The person acting as its administrator could eat from it reasonably and fairly, and could let a friend of his eat from it provided he had no intention of becoming wealthy by its means.

The Prophet (saws) said: I wish I had a white loaf made from tawny and softened with clarified butter and milk. A man from among the people got up and getting one brought it. He asked: In which had it been? He replied: In a lizard skin. He said: Take it away.

Abu Dawud said: This is a munkar (rejected) tradition.

Abu Dawud said: Ayyub, the narrator of this tradition, is not (Ayyub) al-Sakhtiyani.

Some of the people of knowledge, among the Companions of the Prophet (saws) and others, permitted that.

as above (Hadith No. 158).

Narrated Jabir bin `Abdullah:

That he participated in a Ghazwa (Holy-Battle) in the company of Allah's Apostle. Midday came upon them while they were in a valley having many thorny trees. The people dispersed to rest in the shade of the trees. The Prophet rested under a tree, hung his sword on it, and then slept. Then he woke up to find near to him, a man whose presence he had not noticed before. The Prophet said, "This (man) took my sword (out of its scabbard) and said, 'Who will save you from me.' I replied, 'Allah.' So, he put the sword back into its scabbard, and you see him sitting here." Anyhow, the Prophet did not punish him. (See Hadith No. 158)

Allah's Apostle said, "While three persons were traveling, they were overtaken by rain and they took shelter in a cave in a mountain. A big rock fell from the mountain over the mouth of the cave and blocked it. They said to each other. 'Think of such good (righteous) deeds which, you did for Allah's sake only, and invoke Allah by giving reference to those deeds so that Allah may relieve you from your difficulty. one of them said, 'O Allah! I had my parents who were very old and I had small children for whose sake I used to work as a shepherd. When I returned to them at night and milked (the sheep), I used to start giving the milk to my parents first before giving to my children. And one day I went far away in search of a grazing place (for my sheep), and didn't return home till late at night and found that my parents had slept. I milked (my livestock) as usual and brought the milk vessel and stood at their heads, and I disliked to wake them up from their sleep, and I also disliked to give the milk to my children before my parents though my children were crying (from hunger) at my feet. So this state of mine and theirs continued till the day dawned. (O Allah!) If you considered that I had done that only for seeking Your pleasure, then please let there be an opening through which we can see the sky.' So Allah made for them an opening through which they could see the sky. Then the second person said, 'O Allah! I had a she-cousin whom I loved as much as a passionate man love a woman. I tried to seduce her but she refused till I paid her one-hundred Dinars So I worked hard till I collected one hundred Dinars and went to her with that But when I sat in between her legs (to have sexual intercourse with her), she said, 'O Allah's slave! Be afraid of Allah ! Do not deflower me except legally (by marriage contract). So I left her O Allah! If you considered that I had done that only for seeking Your pleasure then please let the rock move a little to have a (wider) opening.' So Allah shifted that rock to make the opening wider for them. And the last (third) person said 'O Allah ! I employed a laborer for wages equal to a Faraq (a certain measure: of rice, and when he had finished his job he demanded his wages, but when I presented his due to him, he gave it up and refused to take it. Then I kept on sowing that rice for him (several times) till managed to buy with the price of the yield, some cows and their shepherd Later ...

Allah's Apostle said on the Day of (the battle of) Hunain, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to Allah's Apostle I (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraish and deprive one of Allah's lions of it who fights for the cause of Allah and His Apostle." Allah's Apostle I stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty. The people of Hijaz said, "A judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" And if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him till the latter calls two witnesses to witness his confession. And some people of Iraq said, "A judge can pass a judgement according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "A judge can pass a judgement depending on his knowledge of the case as he is trust-worthy, and that a witness is Required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "A judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." Al-Qasim said, "A judge ought not to pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by the Muslims and cause the Muslims to have unreasonable doubt. "

Once I stayed overnight in the house of my aunt Maimuna bint Al-Harith and Allah's Apostle was with her as it was her turn. Allah's Apostle got up to offer the night prayer. I stood on his left but he took hold of my two locks of hair and made me stand on his right.

Narrated Abu Bishr:

(the above Hadith) but he quoted: Ibn `Abbas said, (took hold of) my two braids on my head."

While we were sitting in the company of the Prophet a woman came to him and presented herself (for marriage) to him. The Prophet looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, "Marry her to me O Allah's Apostle!" The Prophet asked (him), "Have you got anything?" He said, "I have got nothing." The Prophet said, "Not even an iron ring?" He Sa`d, "Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half." The Prophet; said, "No. Do you know some of the Qur'an (by heart)?" He said, "Yes." The Prophet said, "Go, I have agreed to marry her to you with what you know of the Qur'an (as her Mahr)."

That the Prophet (saws) said: "Do not go out to meet the market (caravan), do not leave animals un-milked (to deceive the buyer), nor out-spend one another."

[Abu 'Eisa said:] There are narrations on this topic from Ibn Mas'ud and Abu Hurairah. The Hadith if Ibn 'Abbas is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they dislike selling the Muhaffalah, and it is the Musarrah that has not been milked by its owner in days or more than that, so the milk accumulates in its udder to impress the purchaser. This is a type of deceit and misrepresentation.

The Prophet (saws) gave a decision on the basis of an oath and a single witness.

Abu Dawud said: Al-Rabi' bin Sulaiman al-Mu'adhdhin told me some additional words in this tradition: Al-Shafi'i told me from 'Abd al-'Aziz. I then mentioned it fo Suhail who said: Rabi'ah told me - and he is reliable in my opinion - that I told him this (tradition) and I do not remember it. 'Abd al-'Aziz said: Suhail suffered from some disease which caused him to lose a little of his intelligence, and he forgot some of his traditions. Thereafter Suhail would narrate traditions from Rabi'ah on the authority of his father.

‘Ali said “If I survive for the Christians of Banu Taghlib I shall kill fighters and captivate children for I had written a document between them and the Prophet(saws) to the effect that they would not make their children Christian.

Abu Dawud said “This is rejected (munkar) tradition and it has reached me from Ahmad (bin Hanbal) that he used to reject this tradition seriously.

Abu ‘Ali said “Abu Dawud did not present this (tradition) in this second reading.”

From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

(the wife of the Prophet) The people used to come from their abodes and from Al-`Awali (i.e. outskirts of Medina up to a distance of four miles or more from Medina). They used to pass through dust and used to be drenched with sweat and covered with dust; so sweat used to trickle from them. One of them came to Allah's Apostle who was in my house. The Prophet said to him, "I wish that you keep yourself clean on this day of yours (i.e. take a bath)."

My grandfather, my father and I gave the pledge of allegiance to Allah's Apostle. The Prophet got me engaged and then got me married. One day I went to the Prophet with a complaint. My father Yazid had taken some gold coins for charity and kept them with a man in the mosque (to give them to the poor) But I went and took them and brought them to him (my father). My father said, "By Allah! I did not intend to give them to you. " I took (the case) to Allah's Apostle . On that Allah's Apostle said, "O Yazid, you will be rewarded for what you intended. O Ma'n, whatever you have taken is yours."

Fatima came to the Prophet asking for a servant. He said, "May I inform you of something better than that? When you go to bed, recite "Subhan Allah' thirty three times, 'Al hamduli l-lah' thirty three times, and 'Allahu Akbar' thirty four times. `Ali added, 'I have never failed to recite it ever since." Somebody asked, "Even on the night of the battle of Siffin?" He said, "Even on the night of the battle of Siffin."

A man came to the Messenger of Allah (saws) and said: I have property left by a man of Azd. I do not find any man of Azd to give it to him. He said: Go and look for man of Azd for a year. He then came to him after one year and said: Messenger of Allah, I did not find any man of Azd to give it to him. He said: Look for a man of Khuza'ah whom you meet first and give it to him. When he turned away, he said; Call the man to me. When he came to him, he said: Look for the leading man of Khuza'ah and give it to him.

I was informed that Gabriel came to the Prophet while Um Salama was with him. Gabriel started talking (to the Prophet). Then the Prophet asked Um Salama, "Who is this?" She replied, "He is Dihya (al-Kalbi)." When Gabriel had left, Um Salama said, "By Allah, I did not take him for anybody other than him (i.e. Dihya) till I heard the sermon of the Prophet wherein he informed about the news of Gabriel." The subnarrator asked Abu `Uthman: From whom have you heard that? Abu `Uthman said: From Usama bin Zaid.

"I arrived upon the Messenger of Allah (saws) at Khaibar along with a group of the Ash'ari tribe. He gave us shared along with those that conquered it."

This Hadith is Hasan Sahih Gharib. This is acted upon according to some of the people of knowledge. Al-Awza'i said: "Whoever meets up with the Muslims before the horses, share is distributed, then he is given a share." And Buraid's (a narrator) Kunyah is Abu Buraidah and he is trustworthy. Sufyan Ath-Thawri, Ibn 'Uyainah and others report from him.

That while he was included in a delegation of Quraish staying with Muawiya, Muawiya heard that `Abdullah bin `Amr had said that there would be a king from Qahtan tribe, whereupon he became very angry. He stood up, and after glorifying and praising Allah as He deserved, said, "To proceed, I have come to know that some of you men are narrating things which are neither in Allah's Book, nor has been mentioned by Allah's Apostle . Such people are the ignorant among you. Beware of such vain desires that mislead those who have them. I have heard Allah's Apostle saying, 'This matter (of the caliphate) will remain with the Quraish, and none will rebel against them, but Allah will throw him down on his face as long as they stick to the rules and regulations of the religion (Islam).'"

While we were with Allah's Apostle he said, "Tell me of a tree which resembles a Muslim man. Its leaves do not fall and it does not, and does not, and does not, and it gives its fruits every now and then." It came to my mind that such a tree must be the date palm, but seeing Abu Bakr and `Umar saying nothing, I disliked to speak. So when they did not say anything, Allah's Apostle said, "It is the date-palm tree." When we got up (from that place), I said to `Umar, "O my father! By Allah, it came to my mind that it must be the date palm tree." `Umar said, "What prevented you from speaking" I replied, "I did not see you speaking, so I misliked to speak or say anything." `Umar then said, "If you had said it, it would have been dearer to me than so-and-so."

That the Messenger of Allah (saws) said: "None of you is to sell over the sale of others, nor to propose over the proposal of others."

[He said:] There are narration on this topic from Abu Hurairah and Samurah.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is a Hasan Sahih Hadith.

And it has been reported from the Prophet (saws) that he said: "Do not haggle in competition with your brother's haggling." And the meaning of sale in this Hadith of the Prophet (saws), according to some of the people of knowledge is to haggle.

From 'Ubaidullah bin 'Abdullah bin 'Utbah, that he entered upon Abu Talhah Al-Ansari to pay him a visit (while he was ill), and he found Sahl bin Hunaif with him. He said: "Abu Talhah called for someone to remove a sheet that was under him. Sahl said to him: 'Why did you remove it?' He replied: 'Because it contains images on it, and the Prophet (saws) said about them what you know.' Sahl said: 'Do he not say: Except for markings on a garment?' He said: 'Yes, but this is better to me.'"

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

Ibn ‘Awn said “I wrote to Nafi’ asking him about summoning the polytheists (to Islam) at the time of fighting. So, he wrote to me “This was in the early days of Islam. The Prophet of Allaah(saws) attacked Banu Al Mustaliq while they were inattentive and their cattle were drinking water. So their fighters were killed and the survivors (i.e., women and children) were taken prisoners. On that day Juwairiyyah daughter of Al Harith was obtained. ‘Abd Allaah narrated this to me, he was in that army.”

Abu Dawud said “This is a good tradition narrtted by Ibn ‘Awn from Nafi’ and no one shared him in narrating it.”

Abu Dawud said: It has been transmitted by Yunus and Shu’aib, but they did not mention ‘Amr b. Aban.

Once a daughter of Allah's Apostle sent a message to Allah's Apostle while Usama, Sa`d, and my father or Ubai were (sitting there) with him. She said, (in the message); My child is going to die; please come to us." Allah's Apostle returned the messenger and told him to convey his greetings to her, and say, "Whatever Allah takes, is for Him and whatever He gives is for Him, and everything with Him has a limited fixed term (in this world): so she should be patient and hope for Allah's reward." Then she again sent for him swearing that he should come; so The Prophet got up, and so did we. When he sat there (at the house of his daughter), the child was brought to him, and he took him into his lap while the child's breath was disturbed in his chest. The eyes of Allah's Apostle started shedding tears. Sa`d said, "What is this, O Allah's Apostle?" The Prophet said, "This is the mercy which Allah has lodged in the hearts of whoever He wants of His slaves, and verily Allah is merciful only to those of His slaves who are merciful (to others).'