Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Abu Murra, the mawla of Aqil ibn Abi Talib from Abu Waqid al-Laythi that the Messenger of Allah, may Allah bless him and grant him peace, was sitting in the mosque with some people when three people came in. Two came toward the Messenger of Allah, may Allah bless him and grant him peace, and one went away. When the two stopped at the assembly of the Messenger of Allah, may Allah bless him and grant him peace, they gave the greeting. One of them saw a gap in the circle and sat in it. The other sat down behind the circle. The third turned away and left. When the Messenger of Allah, may Allah bless him and grant him peace, finished, he said, "Shall I tell you about three people? One of them sought shelter with Allah, so Allah gave him shelter. The other was shy, so Allah was shy to him. The other turned away, so Allah turned away from him."

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."

Abu Waqid al-Laith reported that Allah's Messenger (may peace be upon him) was sitting in the mosque along wish tome people when there came to him three persons; two of them stepped forward to the direction of Allah's Messenger (may peace be upon him), and one of them went away. The two stood by the side of Allah's Messenger (may peace be upon him), and one of them found a space in his circle and he sat in that; and the other one sat behind him and the third one went away. When Allah's Messenger (may peace be upon him) had finished his work, he said. Should I not inform you about these three persons? One of them sought refuge with Allah and Allah gave him refuge and the second one felt shy and Allah showed kindness to has shyness (and so he was accommodated in that meeting), and the last one reverted and Allah turned away His attention from him.

[Muslim].

Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.

Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.

People of the Book and magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."

`Abdullah (bin `Abdullah) bin `Umar said to his father, "Stay here, for I am afraid that it (affliction between Ibn Zubair and Al-Hajjaj) might prevent you from reaching the Ka`ba." Ibn `Umar said, "(In this case) I would do the same as Allah's Apostle did, and Allah has said, 'Verily, in Allah's Apostle, you have a good example (to follow).' So, I make you, people, witness that I have made `Umra compulsory for me." So he assumed lhram for `Umra. Then he went out and when he reached Al- Baida', he assumed Ihram for Hajj and `Umra (together) and said, "The conditions (requisites) of Hajj and `Umra are the same." He, then brought a Hadi from Qudaid. Then he arrived (at Mecca) and performed Tawaf (between Safa and Marwa) once for both Hajj and `Umra and did not finish the lhram till he had finished both Hajj and `Umra.

Allah's Apostle said, "When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it; and when somebody drinks an alcoholic drink, then he is not believer at the time of drinking, and when a thief steals, he is not a believer at the time when he is stealing; and when a robber robs and the people look at him, then he is not a believer at the time of doing it." Abu Huraira in another narration, narrated the same from the Prophet with the exclusion of robbery.

I heard Al-Hajjaj saying on the pulpit, "The Sura in which Al-Baqara (the cow) is mentioned and the Sura in which the family of `Imran is mentioned and the Sura in which the women (An-Nisa) is mentioned." I mentioned this to Ibrahim, and he said, `Abdur-Rahman bin Yazid told me, 'I was with Ibn Mas`ud, when he did the Rami of the Jamrat-ul-Aqaba. He went down the middle of the valley, and when he came near the tree (which was near the Jamra) he stood opposite to it and threw seven small pebbles and said: 'Allahu-Akbar' on throwing every pebble.' Then he said, 'By Him, except Whom none has the right to be worshipped, here (at this place) stood the one on whom Surat-al-Baqra was revealed (i.e. Allah's Apostle).' "

The Prophet said, "The example of Muslims, Jews and Christians is like the example of a man who employed laborers to work for him from morning till night for specific wages. They worked till midday and then said, 'We do not need your money which you have fixed for us and let whatever we have done be annulled.' The man said to them, 'Don't quit the work, but complete the rest of it and take your full wages.' But they refused and went away. The man employed another batch after them and said to them, 'Complete the rest of the day and yours will be the wages I had fixed for the first batch.' So, they worked till the time of `Asr prayer. Then they said, "Let what we have done be annulled and keep the wages you have promised us for yourself.' The man said to them, 'Complete the rest of the work, as only a little of the day remains,' but they refused. Thereafter he employed another batch to work for the rest of the day and they worked for the rest of the day till the sunset, and they received the wages of the two former batches. So, that was the example of those people (Muslims) and the example of this light (guidance) which they have accepted willingly.

Some people from the Ansar asked Allah's Apostle (to give them something) and he gave to everyone of them, who asked him, until all that he had was finished. When everything was finished and he had spent all that was in his hand, he said to them, '"(Know) that if I have any wealth, I will not withhold it from you (to keep for somebody else); And (know) that he who refrains from begging others (or doing prohibited deeds), Allah will make him contented and not in need of others; and he who remains patient, Allah will bestow patience upon him, and he who is satisfied with what he has, Allah will make him self-sufficient. And there is no gift better and vast (you may be given) than patience."

When Abu Talib's death approached, the Prophet went to him while Abu Jahl and `Abdullah bin Abi Umaiya were present with him. The Prophet said, "O uncle, say: None has the right to be worshipped except Allah, so that I may argue for your case with it before Allah." On that, Abu Jahl and `Abdullah bin Abu Umaiya said, "O Abu Talib! Do you want to renounce `Abdul Muttalib's religion?" Then the Prophet said, "I will keep on asking (Allah for) forgiveness for you unless I am forbidden to do so." Then there was revealed:-- 'It is not fitting for the Prophet and those who believe that they should invoke (Allah) for forgiveness for pagans even though they be of kin, after it has become clear to them that they are companions of the Fire.' (9.113)

When the Prophet intended to write to the Byzantines, the people said, "They do not read a letter unless it is sealed (stamped)." Therefore the Prophet took a silver ring----as if I am looking at its glitter now----and its engraving was: 'Muhammad, Apostle of Allah'.

Abu Bakr As-Siddiq had never broken his oaths till Allah revealed the expiation for the oaths. Then he said, "If I take an oath to do something and later on I find something else better than the first one, then I do what is better and make expiation for my oath."

Yahya related to me from Malik from Hisham ibn Urwa from his father that Umar ibn al-Khattab once recited a piece of Qur'an requiring a prostration while he was on the mimbar on the day of jumua, and he came down and prostrated, and everyone prostrated with him. Then he recited it again the next jumua and everybody prepared to prostrate but he said, "At your ease. Allah has not prescribed it for us, unless we wish." He did not prostrate, and he stopped them from prostrating.

The Prophet sent an army under the command of Usama bin Zaid. When some people criticized his leadership, the Prophet said, "If you are criticizing Usama's leadership, you used to criticize his father's leadership before. By Allah! He was worthy of leadership and was one of the dearest persons to me, and (now) this (i.e. Usama) is one of the dearest to me after him (i.e. Zaid).

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

Once Allah's Apostle delayed the `Isha' prayer till `Umar informed him that the women and children had slept. The Prophet came out and said, "None except you from amongst the dwellers of earth is waiting for this prayer." In those days, there was no prayer except in Medina and they used to pray the `Isha' prayer between the disappearance of the twilight and the first third of the night.

Magic was worked on Allah's Apostle so that he used to think that he had sexual relations with his wives while he actually had not (Sufyan said: That is the hardest kind of magic as it has such an effect). Then one day he said, "O `Aisha do you know that Allah has instructed me concerning the matter I asked Him about? Two men came to me and one of them sat near my head and the other sat near my feet. The one near my head asked the other. What is wrong with this man?' The latter replied the is under the effect of magic The first one asked, Who has worked magic on him?' The other replied Labid bin Al-A'sam, a man from Bani Zuraiq who was an ally of the Jews and was a hypocrite.' The first one asked, What material did he use)?' The other replied, 'A comb and the hair stuck to it.' The first one asked, 'Where (is that)?' The other replied. 'In a skin of pollen of a male date palm tree kept under a stone in the well of Dharwan' '' So the Prophet went to that well and took out those things and said "That was the well which was shown to me (in a dream) Its water looked like the infusion of Henna leaves and its date-palm trees looked like the heads of devils." The Prophet added, "Then that thing was taken out' I said (to the Prophet ) "Why do you not treat yourself with Nashra?" He said, "Allah has cured me; I dislike to let evil spread among my people."

We went out with Allah's Apostle to Khaibar and we travelled during the night. A man amongst the people said to 'Amir bin Al-Aqwa', "Won't you let us hear your poetry?" 'Amir was a poet, and so he got down and started (chanting Huda) reciting for the people, poetry that keep pace with the camel's foot steps, saying, "O Allah! Without You we would not have been guided on the right path, neither would we have given in charity, nor would we have prayed. So please forgive us what we have committed. Let all of us be sacrificed for Your cause and when we meet our enemy, make our feet firm and bestow peace and calmness on us and if they (our enemy) will call us towards an unjust thing we will refuse. The infidels have made a hue and cry to ask others help against us. Allah's Apostle said, "Who is that driver (of the camels)?" They said, "He is 'Amir bin Al-Aqwa."' He said, "May Allah bestow His mercy on him." A man among the people said, Has Martyrdom been granted to him, O Allah's Prophet! Would that you let us enjoy his company longer." We reached (the people of) Khaibar and besieged them till we were stricken with severe hunger but Allah helped the Muslims conquer Khaibar. In the evening of its conquest the people made many fires. Allah's Apostle asked, "What are those fires? For what are you making fires?" They said, "For cooking meat." He asked, "What kind of meat?" They said, "Donkeys' meat." Allah's Apostle said, "Throw away the meat and break the cooking pots." A man said, O Allah's Apostle! Shall we throw away the meat and wash the cooking pots?" He said, "You can do that too." When the army files aligned in rows (for the battle), 'Amir's sword was a short one, and while attacking a Jew with it in order to hit him, the sharp edge of the sword turned back and hit 'Amir's knee and caused him to die. When the Muslims returned (from the battle), Salama said, Allah's Apostle saw me pale and said, 'What is wrong with you?"' I said, "Let my parents be sacrificed for you! The people claim that all the deeds of Amir have been annulled." The Prophet asked, "Who said so?" I replied, "So-and-so and soand- so and Usaid bin Al-Hudair Al-Ansari said, 'Whoever says so is telling a lie. Verily, 'Amir will have double reward."' (While speaking) the Prophet put two of his fingers together to indicate that, and added, "He was really a hard-working man and a Mujahid (devout fighter in Allah's Cause) and rarely have ...

We went out to Khaibar in the company of the Prophet. While we were proceeding at night, a man from the group said to 'Amir, "O 'Amir! Won't you let us hear your poetry?" 'Amir was a poet, so he got down and started reciting for the people poetry that kept pace with the camels' footsteps, saying:-- "O Allah! Without You we Would not have been guided On the right path Neither would be have given In charity, nor would We have prayed. So please forgive us, what we have committed (i.e. our defects); let all of us Be sacrificed for Your Cause And send Sakina (i.e. calmness) Upon us to make our feet firm When we meet our enemy, and If they will call us towards An unjust thing, We will refuse. The infidels have made a hue and Cry to ask others' help Against us." The Prophet on that, asked, "Who is that (camel) driver (reciting poetry)?" The people said, "He is 'Amir bin Al-Akwa`." Then the Prophet said, "May Allah bestow His Mercy on him." A man amongst the people said, "O Allah's Prophet! has (martyrdom) been granted to him. Would that you let us enjoy his company longer." Then we reached and besieged Khaibar till we were afflicted with severe hunger. Then Allah helped the Muslims conquer it (i.e. Khaibar). In the evening of the day of the conquest of the city, the Muslims made huge fires. The Prophet said, "What are these fires? For cooking what, are you making the fire?" The people replied, "(For cooking) meat." He asked, "What kind of meat?" They (i.e. people) said, "The meat of donkeys." The Prophet said, "Throw away the meat and break the pots!" Some man said, "O Allah's Apostle! Shall we throw away the meat and wash the pots instead?" He said, "(Yes, you can do) that too." So when the army files were arranged in rows (for the clash), 'Amir's sword was short and he aimed at the leg of a Jew to strike it, but the sharp blade of the sword returned to him and injured his own knee, and that caused him to die. When they returned from the battle, Allah's Apostle saw me (in a sad mood). He took my hand and said, "What is bothering you?" I replied, "Let my father and mother be sacrificed for you! The people say that the deeds of 'Amir are lost." The Prophet said, "Whoever says so, is mistaken, for 'Amir has got a double reward." The Prophet raised two fingers and added, "He (i.e. Amir) was a persevering struggler in the Cause of Allah and there are few 'Arabs who achieved the like of (good deeds) 'Amir had ...

Some rough bedouins used to visit the Prophet and ask him, "When will the Hour be?" He would look at the youngest of all of them and say, "If this should live till he is very old, your Hour (the death of the people addressed) will take place." Hisham said that he meant (by the Hour), their death.

Yahya related to me from Malik from Zayd ibn Aslam from his father that he said to Umar ibn al-Khattab, "There is a blind she- camel behind the house,'' soUmar said, "Hand it over to a household so that they can make (some) use of it." He said, "But she is blind." Umar replied, "Then put it in a line with other camels." He said, "How will it be able to eat from the ground?" Umar asked, "Is it from the livestock of the jizya or the zakat?" and Aslam replied, "From the livestock of the jizya." Umar said, "By AIIah, you wish to eat it." Aslam said, "It has the brand of the jizya on it." So Umar ordered it to be slaughtered. He had nine platters, and on each of the platters he put some of every fruit and delicacy that there was and then sent them to the wives of the Prophet, may Allah bless him and grant him peace, and the one he sent to his daughter Hafsa was the last of them all, and if there was any deficiency in any of them it was in Hafsa's portion.

"He put meat from the slaughtered animal on the platters and sent them to the wives of the Prophet, may Allah bless him and grant him peace, and he ordered what was left of the meat of the slaughtered animal to be prepared. Then he invited the Muhajirun and the Ansar to eat it."

Malik said, "I do not think that livestock should be taken from people who pay the jizya except as jizya."

That the Prophet dictated to him: "Not equal are those of the believers who sit (at home) and those who strive and fight in the Cause of Allah." Zaid added: Ibn Um Maktum came while the Prophet was dictating to me and said, "O Allah's Apostle! By Allah, if I had the power to fight (in Allah's Cause), I would," and he was a blind man. So Allah revealed to his Apostle while his thigh was on my thigh, and his thigh became so heavy that I was afraid it might fracture my thigh. Then that state of the Prophet passed and Allah revealed:-- "Except those who are disabled (by injury or are blind or lame etc).

I saw Marwan bin Al-Hakam sitting in the Mosque. So I came forward and sat by his side. He told us that Zaid bin Thabit had told him that Allah's Apostle had dictated to him the Divine Verse: "Not equal are those believers who sit (at home) and those who strive hard and fight in the Cause of Allah with their wealth and lives.' (4.95) Zaid said, "Ibn-Maktum came to the Prophet while he was dictating to me that very Verse. On that Ibn Um Maktum said, "O Allah's Apostle! If I had power, I would surely take part in Jihad." He was a blind man. So Allah sent down revelation to His Apostle while his thigh was on mine and it became so heavy for me that I feared that my thigh would be broken. Then that state of the Prophet was over after Allah revealed "...except those who are disabled (by injury or are blind or lame etc.) (4.95)

When the death of Abu Talib approached, Allah's Apostle came to him and said, "Say: La ilaha illallah, a word with which I will be able to defend you before Allah."

Yahya related to me from Malik that he had heard that receipts were given to people in the time of Marwan ibn al-Hakam for the produce of the market at al-Jar. People bought and sold the receipts among themselves before they took delivery of the goods. Zayd Thabit and one of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, went to Marwan ibn al-Hakam and said, "Marwan! Do you make usury halal?" He said, "I seek refuge with Allah! What is that?" He said, "These receipts which people buy and sell before they take delivery of the goods." Marwan therefore sent a guard to follow them and to take them from people's hands and return them to their owners.

Abu Hudhaifa bin `Utba bin Rabi`a bin `Abdi Shams who had witnessed the battle of Badr along with the Prophet adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin `Utba bin Rabi`a; and Salim was the freed slave of an Ansar woman, just as the Prophet had adopted Zaid as his son. It was the custom in the Pre-lslamic Period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: 'Call them by (the names of) their fathers . . . your freed-slaves,' (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and your brother in religion. Later on Sahla bint Suhail bin `Amr Al-Quraishi Al-`Amiri-- and she was the wife of Abu- Hudhaifa bin `Utba--came to the Prophet and said, "O Allah's Apostle! We used to consider Salim as our (adopted) son, and now Allah has revealed what you know (regarding adopted sons)." The sub-narrator then mentioned the rest of the narration.

I saw Allah's Apostle at the 'time when the `Asr prayer was due. Then the people were searching for water for ablution but they could not find any. Then some water was brought to Allah's Apostle and he placed his hand in the pot and ordered the people to perform the ablution with the water. I saw water flowing from underneath his fingers and the people started performing the ablution till all of them did it.