Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

regarding the Divine Verse: "O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness that you may take back part of the (Mahr) dower you have given them." (4.19) (Before this revelation) if a man died, his relatives used to have the right to inherit his wife, and one of them could marry her if he would, or they would give her in marriage if they wished, or, if they wished, they would not give her in marriage at all, and they would be more entitled to dispose her, than her own relatives. So the above Verse was revealed in this connection.

That he asked Sa`id bin Jubair regarding (the statement of Allah). 'Move not your tongue concerning (the Qur'an) to make haste therewith.' He said, "Ibn `Abbas said that the Prophet used to move his lips when the Divine Inspiration was being revealed to him. So the Prophet was ordered not to move his tongue, which he used to do, lest some words should escape his memory. 'It is for Us to collect it' means, We will collect it in your chest;' and its recitation' means, We will make you recite it. 'But when We recite it (i.e. when it is revealed to you), follow its recital; it is for Us to explain it and make it clear,' (i.e. We will explain it through your tongue).

`Umar saw a silk suit being sold, so he said, "O Allah's Apostle! Why don't you buy it so that you may wear it when delegates come to you, and also on Fridays?" The Prophet said, "This is worn only by him who has no share in the Hereafter." Afterwards the Prophet sent to `Umar a silk suit suitable for wearing. `Umar said to the Prophet, "You have given it to me to wear, yet I have heard you saying about it what you said?" The Prophet said, "I sent it to you so that you might either sell it or give it to somebody else to wear."

Yahya related to me from Malik from Musa ibn Uqba that Kurayb, the mawla of Ibn 'Abbas, heard Usama ibn Zayd say, "The Messenger ofAllah, may Allah bless him and grant him peace, left Arafa and then, when he reached ash-Shib, he dismounted and urinated and then did wudu, though not thoroughly. I said to him, 'It is time for the prayer, Messenger of Allah,' and he said 'The prayer is ahead of you,' and then mounted. When we arrived at Muzdalifa he dismounted and did wudu thoroughly. Then the iqama was said for the prayer and he prayed maghrib. After that everyone settled his camel in its resting-place, and then the iqama for isha was said and he prayed it, without having prayed anything between the two."

Yahya related to me from Malik from Nafi from a mawla of Safiyya bint Abi Ubayd that she gave all that she possessed to her husband as compensation for her divorce from him, and Abdullah ibn Umar did not disapprove of that.

Malik said that divorce was ratified for a woman who ransomed herself from her husband, when it was known that her husband was detrimental to her and was oppressive for her, and it was known that he wronged her, and he had to return her property to her. Malik added, "This is what I have heard, and it is what is done among us."

Malik said, "There is no harm if a woman ransoms herself from her husband for more than he gave her."

The Messenger of Allah (saws) taught me and what he taught me is this: Observe the five prayers regularly. He said: I told (him): I have many works at these times; so give me a comprehensive advice which, if I follow, should be enough for me. He said: Observe the two afternoon prayers (al-asrayn). But the term al-asrayn (two afternoon prayers) was not used in our language. Hence I said: What is al-asrayn? He said: A prayer before the sunrise and a prayer before the sunset (i.e. the dawn and the afternoon prayers).

AbuThumamah al-Hannat said that Ka'b ibn Ujrah met him while he was going to the mosque; one of the two (companions) met his companion (on his way to the mosque) And he met crossing the fingers of my both hands. He prohibited me to do so, and said: The Messenger of Allah (saws) has said: If any of you performs ablution, and performs his ablution perfectly, and then goes out intending for the mosque, he should not cross the fingers of his hand because he is already in prayer.

We went out with the Messenger of Allah (saws) to Najd. When we reached Dhat ar-Riqa at Nakhl (or in a valley with palm trees) he met a group of the tribe of Ghatafan. The narrator then reported the tradition to the same effect, but his version is other than that of Haywah. He added to the words "when he bowed along with those who were with him and prostrated" the words "when they stood up, they retraced their footsteps to the rows of their companions". He did not mention the words "their back was towards the qiblah".

That Ibn 'Umar said: "When the Messenger of Allah (saws) would wear an 'Imamah would hang between his shoulders."

Nafi' said: "Ibn 'Umar would hang his 'Imamah between his shoulders." 'Ubaidullah said: "And I saw Al-Qasim and Salim doing that."

[Abu 'Eisa said:] This Hadith is Hasan Gharib. And there is something on this topic from 'Ali. And this Hadith of 'Ali about this is not correct due to its chain.

Allah's Apostle used to invoke Allah in the prayer saying, "O Allah, I seek refuge with you from all sins, and from being in debt." Someone said, O Allah's Apostle! (I see you) very often you seek refuge with Allah from being in debt. He replied, "If a person is in debt, he tells lies when he speaks, and breaks his promises when he promises."

When Allah 's Apostle was in good health, he used to say, "Never does a prophet die unless he is shown his place in Paradise ( before his death ), and then he is made alive or given option." When the Prophet became ill and his last moments came while his head was on my thigh, he became unconscious, and when he came to his senses, he looked towards the roof of the house and then said, "O Allah! (Please let me be) with the highest companion." Thereupon I said, "Hence he is not going to stay with us? " Then I came to know that his state was the confirmation of the narration he used to mention to us while he was in good health.

A necklace of mine was lost at Al-Baida' and we were on our way to Medina. The Prophet made his camel kneel down and dismounted and laid his head on my lap and slept. Abu Bakr came to me and hit me violently on the chest and said, "You have detained the people because of a necklace." I kept as motionless as a dead person because of the position of Allah's Apostle ; (on my lap) although Abu Bakr had hurt me (with the slap). Then the Prophet woke up and it was the time for the morning (prayer). Water was sought, but in vain; so the following Verse was revealed:-- "O you who believe! When you intend to offer prayer.." (5.6) Usaid bin Hudair said, "Allah has blessed the people for your sake, O the family of Abu Bakr. You are but a blessing for them."

A man came to the Prophet and said, "I am ruined!" The Prophet said, "Why?" He said, "I had sexual intercourse with my wife while fasting (in the month of Ramadan)." The Prophet said to him, "Manumit a slave (as expiation)." He replied, "I cannot afford that." The Prophet said, "Then fast for two successive months." He said, "I cannot." The Prophet said, "Then feed sixty poor persons." He said, "I have nothing to do that." In the meantime a basket full of dates was brought to the Prophet . He said, "Where is the questioner." The man said, "I am here." The Prophet said (to him), "Give this (basket of dates) in charity (as expiation)." He said, "O Allah's Apostle! Shall I give it to poorer people than us? By Him Who sent you with the Truth, there is no family between Medina's two mountains poorer than us." The Prophet smiled till his pre-molar teeth became visible. He then said, "Then take it."

We were in the company of the Prophet on a journey, and whenever we ascended a high place, we used to say Takbir (in a loud voice). The Prophet said, "O people! Be kind to yourselves, for you are not calling upon a deaf or an absent one, but You are calling an All-Hearer, and an All-Seer." Then he came to me as I was reciting silently, "La haul a wala quwwata illa bil-lah." He said, "O `Abdullah bin Qais! Say: La haul a walaquwata illa bil-lah, for it is one of the treasures of Paradise." Or he said, "Shall I tell you a word which is one of the treasures of Paradise? It is: La haul a wala quwwata illa bil-lah."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say the tashahhud saying, "In the name of Allah. Greetings belong to Allah. Prayers belong to Allah. Pure actions belong to Allah. Peace be on the Prophet and the mercy of Allah and His blessings. Peace be on us and on the slaves of Allah who are salihun. I testify that there is no god except Allah. I testify that Muhammad is the Messenger of Allah."

"Bismillah, at-tahiyatu lillah, as-salawatu lillah, az-zakiyatu lillah. As-salamu ala'n-nabiyyi wa rahmatullahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi's-salihin. Shahidtu an la ilaha illallah. Shahidtu anna Muhammadu'r-rasulu'llah."

He used to say this after the first two rakas and he would make supplication with whatever seemed fit to him when the tashahhud was completed. When he sat at the end of the prayer, he did the tashahhud in a similar manner, except that after the tashahhud he made supplication with whatever seemed fit to him. When he had completed the tashahhud and intended to say the taslim, he said, "Peace be on the Prophet and His mercy and blessings. Peace be upon us and on the slaves of Allah who are salihun."

"As- salamu ala'n-nabiyyi wa rahmatu'llahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi'ssalihin ."

He then said, "Peace be upon you" to his right, and would return the greeting to the imam, and if anyone said "Peace be upon you" from his left he would return the greeting to him.

Yahya related to me from Malik, from Zayd ibn Aslam, from Ata ibn Yasar, that Kab al-Ahbar was once coming back from Syria with a group of riders, and at a certain point along the road they found some game- meat and Kab said they could eat it. When they got back to Madina they went to Umar ibn al-Khattab and told him about that, and he said, "Who told you you could do that?", and they said, ''Kab.'' He said, "He was indeed the one I made amir over you until you should return."

Later, when they were on the road to Makka, a swarm of locusts passed them by and Kab told them to catch them and eat them. When they got back to Umar ibn al-Khattab they told him about this, and he said (to Kab), "What made you tell them they could do that?" Kab said, "It is game of the sea." He said, "How do you know?", and Kab said, "Amir al- muminin, by the One in whose hand my self is, it is only the sneeze of a fish which it sneezes twice every year."

Malik was asked whether a muhrim could buy game that he had found on the way. He replied, "Game that is only hunted to be offered to people performing Hajj I disapprove of and forbid, but there is no harm in game that a man has which he does not intend for those in ihram, but which a muhrim finds and buys."

Malik said, about someone who had some game with him that he had hunted or bought at the time when he had entered into ihram, that he did not have to get rid of it, and that there was no harm in him giving it to his family.

Malik said that it was halal for some one in ihram to fish in the sea or in rivers and lakes, etc.

Yahya related to me from Malik from Hisham ibn Urwa that his father said, "Someone who does not stand at Arafa on the night of Muzdalifa

before the dawn breaks has missed the hajj, and some one who stands at Arafa on the night of Muzdalifa before the dawn breaks has caught the hajj.

Malik said, about a slave freed during the wuquf at Arafa, "His standing does not fulfil for him the hajj of Islam, except if he was not in ihram and then he went into ihram after he was freed and he stood at Arafa that same night before the dawn broke in which case that is enough for him. If, however, he did not go into ihram until after the dawn had broken, he is in the same position as someone who misses the hajj by not catching the standing at Arafa before the breaking of the dawn on the night of Muzdalifa, and he will have to do the hajj of Islam later."

(the wife of the Prophet) Allah's Apostle used to invoke Allah in the prayer saying "Allahumma inni a`udhu bika min `adhabi l-qabr, wa a`udhu bika min fitnati l-masihi d-dajjal, wa a`udhu bika min fitnati l-mahya wa fitnati l-mamat. Allahumma inni a`udhu bika mina l-ma'thami wa l-maghram. (O Allah, I seek refuge with You from the punishment of the grave, from the afflictions of the imposter- Messiah, and from the afflictions of life and death. O Allah, I seek refuge with You from sins and from debt)." Somebody said to him, "Why do you so frequently seek refuge with Allah from being in debt?" The Prophet replied, "A person in debt tells lies whenever he speaks, and breaks promises whenever he makes (them)." `Aisha also narrated: I heard Allah's Apostle in his prayer seeking refuge with Allah from the afflictions of Ad-Dajjal.

"The Messenger of Allah (saws) prohibited the Gharar sale, and the Hasah sale."

[He said:] There are narrations on this topic from Ibn 'Umar, Ibn 'Abbas, Abu Sa'eed, and Anas.

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

This Hadith is acted upon according to the people of knowledge, they dislike the Gharar. Ash-Shafi'i said: "The Gharar sale includes selling fish that are in the wate, selling a slave that has escaped, selling birds that are in the sky, and similar type of sales. And the meaning of Hasah sale is when the seller says to the buyer: 'When I toss the pebble at you, then the sale between you and I is final.' This resembles the sale of Munabadhah and this is one of the selling practices of the people of Jahiliyyah."

That Abu Sa'eed said: "We had some wine that belonged to an orphan. When Al-Ma'idah was revealed I asked the Messenger of Allah (saws) about it, I said: 'It belongs to an orphan.' He said: 'Spill it out.'"

[He said:] There is something on this topic from Anas bin Malik.

[Abu 'Eisa said:] The Hadith of Abu Sa'eed is a Hasan [Sahih] Hadith. Similar to this has been reported through other routes from the Prophet (saws). Some of the people of knowledge stated according to this, they dislike the usage of wine for making vinegar. And the only thing that they disliked about it, and Allah knows best, is for a Muslim to have wine in his house until it becomes vinegar. Abu Al-Waddak's name is Jabr bin Nawf.

We did not know what we should say when we sat during prayer. The Messenger of Allah (saws) was taught (by Allah). He then narrated the tradition to the same effect. Sharik reported from Jami', from AbuWa'il on the authority of Abdullah ibn Mas'ud something similar.

He said: He used to teach us also some other words, but he did not teach them as he taught us the tashahhud: O Allah, join our hearts, mend our social relationship, guide us to the path of peace, bring us from darkness to light, save us from obscenities, outward or inward, and bless our ears, our eyes, our hearts, our wives, our children, and relent toward us; Thou art the Relenting, the Merciful. And make us grateful for Thy blessing and make us praise it while accepting it and give it to us in full.

Allah's Apostle said, "If somebody takes a false oath in order to get the property of a Muslim (unjustly) by that oath, then Allah will be angry with him when he will meet Him." Al-Ash'ath informed me, "By Allah! This was said regarding me. There was a dispute about a piece of land between me and a man from the Jews who denied my right. I took him to the Prophet. Allah's Apostle asked me, 'Do you have an evidence?' I replied in the negative. He said to the Jew, 'Take an oath.' I said, 'O Allah's Apostle! He will surely take an oath and take my property unjustly." So, Allah revealed: "Verily! Those who purchase a little gain at the cost of Allah's covenant and their oaths . . . " (3.77)

Abu Dawud said: Sufyan al-Thawri and Shu’bah b. al-Hajjaj reported on authority of Ubaid b. al-Hasan: There is no mention of the words “after bowing” in this tradition. Sufyan said: we met al-shaikh ‘Ubaid b. al-Hasan; he did not say the words “bowing” in it.

Abu dawud said: Shu’bah narrated this from Abi ‘Ismah, from al-A’mash, on the authority of ‘Ubaid, saying: “after bowing”.

Sa'id asked: Whom is this man abusing? He replied: He is abusing Ali. He said: Don't I see that the companions of the Messenger of Allah (saws) are being abused, but you neither stop it nor do anything about it? I heard the Messenger of Allah (saws) say--and I need not say for him anything which he did not say, and then he would ask me tomorrow when I see him --AbuBakr will go to Paradise and Umar will go to Paradise. He then mentioned the rest of the tradition to the same effect (as in No. 4632).

He then said: The company of one of their man whose face has been covered with dust by the Messenger of Allah (saws) is better than the actions of one of you for a whole life time even if he is granted the life-span of Noah.

Another chain reports a similar hadith.

I divorced my wife. I then came to Medina to sell my land that was there so that I could buy arms and fight in battle. I met a group of the Companions of the Prophet (saws). They said: Six persons of us intended to do so (i.e. divorce their wives and purchase weapons), but the Prophet (saws) prohibited them. He said: For you in the Messenger of Allah there is an excellent model. I then came to Ibn 'Abbas and asked him about the witr observed by the Prophet (saws). He said: I point to you a person who is most familiar with the witr observed by the Messenger of Allah (saws). Go to 'Aishah. While going to her I asked Hakim b. Aflah to accompany me. He refused, but I adjured him. He, therefore, went along with me. We sought permission to enter upon 'Aishah. She said: Who is this ? He said: Hakim b. Aflah. She asked: Who is with you ? He replied: Sa'd b. Hisham. She said: Hisham son of 'Amir who was killed in the Battle of Uhud. I said: Yes. She said: What a good man 'Amir was! I said: Mother of faithful, tell me about the character of the Messenger of Allah (saws). She asked: Do you not recite the Quran ? The character of Messenger of Allah (saws) was the Qur'an. I asked: Tell me about his vigil and prayer at night. She replied: Do you not recite: "O thou folded in garments" (73:1). I said: Why not ?

When the opening of this Surah was revealed, the Companions stood praying (most of the night) until their fett swelled, and the concluding verses were not revealed for twelve months from heaven. At last the concluding verses were revealed and the prayer at night became voluntary after it was obligatory. I said: Tell me about the witr of the Prophet (saws). She replied: He used to pray eight rak'ahs, sitting only during the eighth of them. Then he would stand up and pray another rak'ahs. He would sit only after the eighth and the ninth rak'ahs. He would utter salutation only after the ninth rak'ah. He would then pray two rak'ahs sitting and that made eleven rak'ahs, O my son. But when he grew old and became fleshy he observed a witr of seven, sitting only in sixth and seventh rak'ahs, and would utter salutation only after the seventh rak'ah. He would then pray two rak'ahs sitting, and that made nine rak'ahs, O my son. The Messenger of Allah (saws) would not pray through a whole night, or recite the whole Qur'an in a night or fast a complete month except in Ramadan. When he offered prayer, he would do that regularly. When he was ...

AbuBakr as-Siddiq said: Messenger of Allah! command me something to say in the morning and in the evening. He said: Say "O Allah, Creator of the heavens and the earth, Who knowest the unseen and the seen, Lord and Possessor of everything. I testify that there is no god but Thee; I seek refuge in Thee from the evil within myself, from the evil of the devil, and his (incitement to) attributing partners (to Allah)." He said: Say this in the morning.

'Aishah, the wife of the Prophet (saws) told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep away from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would sent for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know waht you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad (saws) was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.

Mujahid said “I was with Ibn ‘Abbas”. A man came to him and said that he divorced his wife by three pronouncements. I kept silence and thought that he was going to restore het to him. He then said “A man goes and commits a foolish act and then says “O, Ibn ‘Abbas! Alaah has said “And for those who fear Allaah, He (ever) prepares a way out.” Since you did not keep duty to Allaah I do not find a way out for you. You disobeyed your Lord and your wife was separated from you. Allaah has said “O Prophet! When you divorce women divorce them in the beginning of their waiting period.”

Abu Dawud said “This tradition has been transmitted by Humaid Al A’raj and by others from Mujahid on the authority of Ibn ‘Abbas. Shu’bjh narrated it from ‘Amr bin Murrah from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ayyub and Ibn ‘Jubair both narrated it from “’Ikrimah bin Khalid from Sa’id bin Jubair on the authority of Ibn ‘Abbas. Ibn Juraij narrated it from ‘Abd Al Hamid bin Rafi’ from ‘Ata from Ibn ‘Abbas. Al A’mash narrated it from Malik bin Al Harith on the authority of Ibn ‘Abbas. They all said about the divorce by three pronouncements. He allowed it and said” (Your wife) has been separated from you similar to the tradition narrated by Isma’il from Ayub from ‘Abd Allaah bin Kathir.”

Abu Dawud said “Hammad bin Zaid narrated it from Ayyub from ‘Ikrimah on the authority of Ibn ‘Abbas. This version adds If he said “You are divorced three times saying in one pronouncement, it constitutes a single (divorce). Isma’il bin Ibrahim narrated it from Ayyub from ‘Ikrimah. This is his (‘Ikrimah’s) statement. He did not mention the name of Ibn ‘Abbas. He narrated it as a statement of ‘Ikrimah.”