While we were with `Utba bin Farqad at Adharbijan, there came `Umar's letter indicating that Allah's Apostle had forbidden the use of silk except this much, then he pointed with his index and middle fingers. To our knowledge, by that he meant embroidery.

Yahya related to me from Malik from Hisham ibn Urwa that Fatima bint al-Mundhir said, "We used to veil our faces when we were in ihram in the company of Asma bint Abi Bakr as-Siddiq."

20.7 Wearing Perfume during Hajj.

The Ansar said to the Prophet "Distribute the date palm trees between us and our emigrant brothers." He replied, "No." The Ansar said (to the emigrants), "Look after the trees (water and watch them) and share the fruits with us." The emigrants said, "We listen and obey."

The tradition mentioned above has also been transmitted by Al Zuhri with the chain of ‘Abbad and to the same affect.

Abu Dawud said “This tradition has also been narrated by Ma’mar, Shu’aib and ‘Aqil on the authority of Al Zuhri from a number of scholars and this is the soundest one in our opinion.

`Aisha said, "When Allah's Apostle died, his wives intended to send `Uthman to Abu Bakr asking him for their share of the inheritance." Then `Aisha said to them, "Didn't Allah's Apostle say, 'Our (Apostles') property is not to be inherited, and whatever we leave is to be spent in charity?'"

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father said, ''A'isha used to look after me and one of my brothers - we were orphans - in her house, and she would take the zakat from our property."

Yahya related to me from Malik that he had heard the people of knowledge say, "If someone goes into ihram to do hajj on its own, he cannot then go into ihram to do umra.''

Malik said, "This is what I have found the people of knowledge in our city doing."

Allah's Apostle said, "When the Imam, during the prayer, says, "Allah hears him who praises Him', say: 'O Allah! Our Lord! All the praises are for You/, for if the saying of anyone of you coincides with the saying of the angels, his past sins will be forgiven."

We were with Allah's Apostle in the Trench, and some were digging the trench while we were carrying the earth on our shoulders. Allah's Apostle said, 'O Allah! There is no life except the life of the Hereafter, so please forgive the Emigrants and the Ansar."

The Prophet (saws) as saying: The milk of milch camels may be drunk for payment when in pledge, and the animal may be ridden for payment when it is pledge; payment being made by the one who rides and the one who drinks.

Abu Dawud said: In our opinion this is correct.

26 Yahya related to me from Malik from Abu Ubayd, the mawla of Sulayman ibn Abd alMalik, from Ubada ibn Nusayy from Qays ibn al Harith that Abu Abdullah as-Sunabihi said, "I arrived in Madina in the khalifate of Abu Bakr as-Siddiq, and I prayed maghrib behind him. He recited the umm al Qur'an and two suras from the shorter ones of the mufassal in the first two rakas. Then he stood up in the third and I drew so near to him that my clothes were almost touching his clothes. I heard him reciting the umm al-Qur'an and this ayat, 'Our Lord, do not make our hearts go astray after You have guided us, and give us mercy from Your presence. Surely You are the Giver. ' " (Sura 3 ayat 8)

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

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, said, "Anyone who eats this plant should not come near our mosques. The smell of the garlic will offend us."

The Prophet used to say in his bowing and prostrations, "Subhanaka l-lahumma Rabbana wa bihamdika; Allahumma ghfir li.' (Exalted [from unbecoming attributes] Are you O Allah our Lord, and by Your praise [do I exalt you]. O Allah! Forgive me).

Um 'Atiyya said: "Our Prophet ordered us to come out (on `Id day) with the mature girls and the virgins staying in seclusion." Hafsa narrated the above mentioned Hadith and added, "The mature girls or virgins staying in seclusion but the menstruating women had to keep away from the Musalla."

The Messenger of Allah (saws) came to us accompanied by Abbas when we were in open country belonging to us. He prayed in a desert with no sutrah in front of him, and a she-ass and a bitch of ours were playing in front of him, but he paid no attention to that.

"There was a cause of fright in Al-Madinah. So the Messenger of Allah (saws) borrowed a horse of ours called Mandub. He said: 'I have not seen anything to be frightened of, and we found him to be (quick) like the sea.'"

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

Malik said, "Someone who does umra in Shawwal, Dhu'l-Qada or Dhu'l-Hijja and then goes back to his people, and then returns and does hajj in that same year does not have to sacrifice an animal. Sacrificing an animal is only incumbent on some one who does umra in the months of hajj, and then stays in Makka and then does hajj. A person not from Makka who moves to Makka and establishes his home there and does umra in the months of the hajj and then begins his hajj there is not doing tamattu. He does not have to sacrifice an animal nor does he have to fast. He is in the same position as the people of Makka if he is one of those who are living there."

Malik was asked whether a man from Makka who had gone to live in another town or had been on a journey and then returned to Makka with the intention of staying there, regardless of whether he had a family there or not, and entered it to do umra in the months of the hajj, and then began his hajj there, beginning his umra at the miqat of the Prophet, may Allah bless him and grant him peace, or at a place nearer than that, was doing tamattu or not?

Malik answered, "He does not have to sacrifice an animal or fast as someone who is doing tamattu has to do. This is because Allah, the Blessed and Exalted, says in His Book, 'That is for someone whose family are not present at Masjid al-Haram. '

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

That he sold a camel to the Prophet (saws) and made a condition that he could ride it to (return to) his family.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. It has been reported through other routes from Jabir.

This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They consider it allowed to make a condition in a sale when it is one condition. This is the view of Ahmad and Ishaq.

Some of the people of knowledge said that it is not allowed to make a condition in a sale, nor to complete a sale when there is a condition for it.

I heard Allah's Apostle saying, "Everyone of you is a guardian, and responsible for what is in his custody. The ruler is a guardian of his subjects and responsible for them; a husband is a guardian of his family and is responsible for it; a lady is a guardian of her husband's house and is responsible for it, and a servant is a guardian of his master's property and is responsible for it." I heard that from Allah's Apostle and I think that the Prophet also said, "A man is a guardian of is father's property and is responsible for it, so all of you are guardians and responsible for your wards and things under your care."

Abu Sa`id bin Malik Al-Khudri returned from a journey and his family offered him some meat of sacrifices offered at `Id ul Adha. On that he said, "I will not eat it before asking (whether it is allowed)." He went to his maternal brother, Qatada bin N i 'man, who was one of the Badr warriors, and asked him about it. Qatada said, "After your departure, an order was issued by the Prophet cancelling the prohibition of eating sacrifices after three days."

I came to Khabbab while he was building a wall, and he (Khabbab) said, "Our companions who have left this world, did not enjoy anything of their reward therein, while we have collected after them, much wealth that we cannot spend but on earth (i.e., on building).

Hind bint `Utba (Abu Sufyan's wife) came and said, "O Allah's Apostle! Abu Sufyan is a miser. Is there any harm if I spend something from his property for our children?" He said, there is no harm for you if you feed them from it justly and reasonably (with no extravagance).

The Annwar said, "O Allah's Apostle! Every prophet has his own followers and we have followed you. So will you invoke Allah to let our followers be considered from us (as Ansar too)?" So he invoked Allah accordingly.

I heard Jabir bin `Abdullah saying, "The Prophet said, 'Whoever eats (from) this plant (he meant garlic) should keep away from our mosque." I said, "What does he mean by that?" He replied, "I think he means only raw garlic."

When Allah's Apostle intended to enter Mecca he said, "Our destination tomorrow, if Allah wished, will be Khaif Bani Kinana where (the pagans) had taken the oath of Kufr." (Against the Prophet i.e. to be loyal to heathenism by boycotting Bani Hashim, the Prophet's folk) (See Hadith 3882)

`Abdullah bin `Umar came to us and we hoped that he would narrate to us a good Hadith. But before we asked him, a man got up and said to him, "O Abu `Abdur-Rahman! Narrate to us about the battles during the time of the afflictions, as Allah says:-- 'And fight them until there is no more afflictions (i.e. no more worshipping of others besides Allah).'" (2.193) Ibn `Umar said (to the man), "Do you know what is meant by afflictions? Let your mother bereave you! Muhammad used to fight against the pagans, for a Muslim was put to trial in his religion (The pagans will either kill him or chain him as a captive). His fighting was not like your fighting which is carried on for the sake of ruling."