Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four ...

Allah's Apostle said, "If anyone of you is invited to a wedding banquet, he must go for it (accept the invitation)."

The Prophet said, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day."

The Prophet said, 'When you eat, do not wipe your hands till you have licked it, or had it licked by somebody else."

The Prophet said, "None of you should say Khabuthat Nafsi, but he is recommended to say 'Laqisat Nafsi."

Yahya related to me from Malik from Hisham ibn Urwa that his father used to say to his sons, "My sons, let none of you sacrifice any animal which he would be ashamed to sacrifice for a noble woman, for surely Allah is the noblest of noble ones, and the most deserving of those for whom things are chosen."

I asked Allah's Apostle "Can any one of us sleep while he is Junub?" He replied, "Yes, if he performs ablution, he can sleep while he is Junub."

Allah's Apostle (p.b.u.h) said, "Anyone of you attending the Friday (prayers) should take a bath."

While I was with the Prophet in one of the gardens of Medina, a man came and asked me to open the gate. The Prophet said to me, "Open the gate for him and give him the glad tidings that he will enter Paradise." I opened (the gate) for him, and behold! It was Abu Bakr. I informed him of the glad tidings the Prophet had said, and he praised Allah. Then another man came and asked me to open the gate. The Prophet said to me "Open (the gate) and give him the glad tidings of entering Paradise." I opened (the gate) for him, and behold! It was `Umar. I informed him of what the Prophet had said, and he praised Allah. Then another man came and asked me to open the gate. The Prophet said to me. "Open (the gate) for him and inform him of the glad tidings, of entering Paradise with a calamity which will befall him. " Behold ! It was `Uthman, I informed him of what Allah's Apostle had said. He praised Allah and said, "I seek Allah's Aid."

Yahya related to me from Malik from Humayd ibn Qays al-Makki from Tawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow in its second year, and from forty cows, one cow in its third or fourth year, and when less than that (i.e. thirty cows) was brought to him he refused to take anything from it. He said, "I have not heard anything about it from the Messenger of Allah, may Allah bless him and grant him peace. When I meet him, I will ask him." But the Messenger of Allah, may Allah bless him and grant him peace, died before Muadh ibn Jabal returned.

Yahya said that Malik said, "The best that I have heard about some one who has sheep or goats with two or more shepherds in different places is that they are added together and the owner then pays the zakat on them. This is the same situation as a man who has gold and silver scattered in the hands of various people. He must add it all u p and pay whatever zakat there is to pay on the sum total."

Yahya said that Malik said, about a man who had both sheep and goats, that they were added up together for the zakat to be assessed, and if between them they came to a number on which zakat was due, he paid zakat on them. Malik added, "They are all considered as sheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheep and goats, if they come to forty or more, one ewe.' "

Malik said, "If there are more sheep than goats and their owner only has to pay one ewe, the zakat collector takes the ewe from the sheep. If there are more goats than sheep, he takes it from the goats. If there is an equal number of sheep and goats, he takes the ewe from whichever kind he wishes."

Yahya said that Malik said, "Similarly, Arabian camels and Bactrian camels are added up together in order to assess the zakat that the owner has to pay. They are all considered as camels. If there are more Arabian camels than Bactrians and the owner only has to pay one camel, the zakat collector takes it from the Arabian ones. If, however, there are more Bactrian camels he takes it from those. If there is an equal number of both, he takes the camel from whichever kind he wishes."

Malik said, "Similarly, cows and water buffaloes are added up together and are all considered as cattle. If there are more cows than water buffalo and the owner only has to pay one cow, the zakat collector takes it from the cows. If there are more water buffalo, he takes it from them. If there is an equal number of ...

This Hadith is more authentic than the Hadith narrated by Wa'il bin Hujr (RA).

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, "When you put on sandals, begin with the right foot. When you take them off, begin with the left foot. The right foot is the first to be put in the sandal and the last to be taken out."

Allah's Apostle said, "None of you should walk, wearing one shoe only; he should either put on both shoes or put on no shoes whatsoever."

The Prophet said, "None of you should say Khabuthat Nafsi but he is recommended to say 'Laqisat Nafsi (See Hadith No. 202)

The Prophet said, "None of you should spit in front or on his right but he could spit either on his left or under his foot."

The Prophet (saws) said: None amongst you should urinate in standing water, then wash in it after sexual defilement.

Yahya related to me from Malik from Ibn Shihab that Thalaba ibn Abi Malik al Quradhi informed him that in the time of Umar ibn al Khattab they used to pray on the day of jumua until Umar came out, and when Umar came out and sat on the mimbar and the muadhdhins called the adhan, they would sit and talk, and then when the muadhdhins were silent and Umar stood to give the khutba, they would pay attention and no-one would speak .

Ibn Shihab said, "The imam coming out stops prayer and his speaking stops conversation."

Fatima bint Abi Hubaish said to Allah's Apostle, "O Allah's Apostle! I do not become clean (from bleeding). Shall I give up my prayers?" Allah's Apostle replied: "No, because it is from a blood vessel and not the menses. So when the real menses begins give up your prayers and when it (the period) has finished wash the blood off your body (take a bath) and offer your prayers."

That the Messenger of Allah (saws) said: "Both the buyer and the seller retain the option as long as they have not separated. If they spoke the truth and clarified (any defects or conditions), then they would be blessed in their sale, and if they hid something and lied then their sale would be deprived of blessings."

And this is a Sahih Hadith.

This is how it was reported from Abu Barzah Al-Aslami, that two men came disputing to him after the sale of a horse, and they were on a ship, so he said: "I did not see the two of your separate, and the Messenger of Allah (saws) said: 'The buyer and the seller retain the choice as long as they did not separate.'"

Some of the people of knowledge, among the people of Al-Kufah and others, held the view that the separation refers to speech. This is the saying of [Sufyan] Ath-Thawri. This has been reported from Malik bin Anas, and it has been reported from Ibn al-Mubarak that he said: "How could this be refuted ?" And the Hadith about it from the Prophet (saws) is Sahih, and it strenghtens this view.

And the meaning of the saying of the Prophet (saws): "Except for the optional sale" is, that (while they are still together) the seller gives the buyer the option to cancel after the conclusion of the sale. If he chooses to agree to the sale, then he does not have the choice to cancel the sale after then, even if they did not separate. This is how Ash-Shafi'i and others explained it. And what strenghtens the view of those who said that the separation refers to them parting, (and) it does not refer to speech, is the (following) Hadith of 'Abdullah bin 'Amr from the Prophet (saws).

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."

On his father's authority, said that his grandfather reported the Prophet (saws) said: When one of you marries his male-slave to his slave-woman, he should not look at her private parts.

Is one of you helpless to be like AbuDaygham or Damdam (Ibn Ubayd is doubtful) who would say when morning came: O Allah, I gave my honour as alms to Thy servants?

Allah's Apostle said, "When anyone of you is away from his house for a long time, he should not return to his family at night."

The Prophet said, "It is better for a man to fill the inside of his body with pus than to fill it with poetry."

Allah's Apostle said, "Whenever anyone of you invoke Allah for something, he should be firm in his asking, and he should not say: 'If You wish, give me...' for none can compel Allah to do something against His Will."

The Prophet said, "Be straight in the prostrations and none of you should put his forearms on the ground (in the prostration) like a dog."

The Prophet (saws) said: When any of you dozes in the mosque (on Friday), he should change his place.

The Messenger of Allah (saws) entered upon me. The version of Musaddad and Ibn as-Sarh has: one day looking pleased". The version of Uthman has: "The lines of his forehead were realised." He said: O Aisha, are you not surprised to hear that Mujazziz al-Mudlaji saw that Zayd and Usamah had a rug over them concerning their heads and letting their feet appear. He said: These feet are related.

Abu Dawud: Usamah was black and Zaid was white.

Muhammad ibn AbuYahya said that his father told that he and his companion went to AbuSa'id al-Khudri to pay a sick visit to him. He said: Then we came out from him and met a companion of ours who wanted to go to him. We went ahead and sat in the mosque. He then came back and told us that he heard AbuSa'id al-Khudri say: The Messenger of Allah (saws) said: Some snakes are jinn; so when anyone sees one of them in his house, he should give it a warning three times. If it return (after that), he should kill it, for it is a devil.