Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

Yahya related to me from Malik that Ibn Shihab used to say, "When a man catches the raka he says, 'Allah is greater' once, and that takbir is enough for him."

Malik added, "That is if he intended to begin the prayer by that takbir "

Malik was asked about a man who began with the imam but forgot the opening takbir and the takbir of the ruku until he had done one raka. Then he remembered that he had not said the takbir at the opening nor in the ruku,so he said the takbir in the second raka. He said, "I prefer that he start his prayer again, but if he forgets the opening takbir with the imam and says the takbir in the first ruku, I consider that enough for him if he intends by it the opening takbir."

Malik said, about some one who prayed by himself and forgot the opening takbir, "He begins his prayer afresh ."

Malik said, about an imam who forgot the opening takbir until he had finished his prayer, "I think that he should do the prayer again, and those behind him, even if they have said the takbir."

Umayyah, daughter of AbusSalt, quoted a certain woman of Banu Ghifar, whose name was mentioned to me, as saying: The Messenger of Allah (saws) made me ride behind him on the rear of the camel saddle. By Allah, the Messenger of Allah (saws) got down in the morning. He made his camel kneel down and I came down from the back of his saddle. There was a mark of blood on it (saddle) and that was the first menstruation that I had. I stuck to the camel and felt ashamed.

When the Messenger of Allah (saws) saw what had happened to me and saw the blood, he said: Perhaps you are menstruating.

I said: Yes. He then said: Set yourself right (i.e. tie some cloth to prevent bleeding), then take a vessel of water and put some salt in it, and then wash the blood from the back of the saddle, and then return to your mount. When the Messenger of Allah (saws) conquered Khaybar, he gave us a portion of the booty. Whenever the woman became purified from her menses, she would put salt in water. And when she died, she left a will to put salt in the water for washing her (after death).

The Prophet (saws) said: He who does not accept an invitation which he receives has disobeyed Allah and His Apostle, and he who enters without invitation enters as a thief and goes out as a raider.

Abu Dawud said: Aban bin Tariq is unknown.

"Fatimah came to Abu Bakr and said: 'Who will inherit from you?' He said: 'My family and my son.' She said: 'So what about me? I do not get inheritance from my father?' So Abu Bakr said: 'I heard the Messenger of Allah (saws) say: 'We are not inherited from' but I support those whom the Messenger of Allah (saws) used to support, and I spend upon those whom the Messenger of Allah (saws) spent upon."

[Abu 'Eisa said:] There are narrations on this topic from 'Umar, Talhah, Az-Zubair, 'Abdur-Rahman bin 'Awf, Sa'd and 'Aishah.

The Hadith of Abu Hurairah is Hasan Gharib from this route. It is only reported with a chain by Hammad bin Salamah and 'Abdul Wahhab bin 'Ata, from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah.

I asked Muhammad about this Hadith and he said: "No one is known to have reported it from Muhammad bin 'Amr, from Abu Salamah, from Abu Hurairah except from Hammad bin Salamah. 'Abdul Wahhab bin 'Ata reported it from Muhammad bib 'Amr, from Abu Salamah, and from Abu Hurairah and it is similar to the narration of Hammad bin Salamah. And this Hadith has been reported through other routes from Abu Bakr As-Siddiq, from the Prophet (saws).

The Prophet (saws) entered al-Ji'ranah. He came to the mosque (there) and prayed as long as Allah desired; he then wore ihram. Then he rode his camel and faced Batn Sarif till he reached the way which leads to Medina. He returned from Mecca (at night to al-Ji'ranah) as if he had passed the night at Mecca.

Abu Musa asked `Umar to admit him but he was not admitted as `Umar was busy, so Abu Musa went back. When `Umar finished his job he said, "Didn't I hear the voice of `Abdullah bin Qais? Let him come in." `Umar was told that he had left. So, he sent for him and on his arrival, he (Abu Musa) said, "We were ordered to do so (i.e. to leave if not admitted after asking permission thrice). `Umar told him, "Bring witness in proof of your statement." Abu Musa went to the Ansar's meeting places and asked them. They said, "None amongst us will give this witness except the youngest of us, Abu Sa`id Al-Khudri. Abu Musa then took Abu Sa`id Al-Khudri (to `Umar) and `Umar said, surprisingly, "Has this order of Allah's Apostle been hidden from me?" (Then he added), "I used to be busy trading in markets."

Yahya related to me from Malik that Rabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion and excellence is estimated at fifty dinars or six hundred dirhams. The blood-money of a free muslim woman is five hundred dinars or six thousand dirhams."

Malik said, "The blood-money of the foetus of a free woman is a tenth of her blood-money. The tenth is fifty dinars or six hundred dirhams."

Malik said, "I have not heard anyone dispute that there is no slave in compensation for the foetus until it leaves its mother's womb and falls still-born from her womb . "

Malik said, "I heard that if the foetus comes out of its mother's womb alive and then dies, the full blood-money is due for it."

Malik said, "The foetus is not alive unless it cries at birth. If it comes out of its mother's womb and cries out and then dies, the complete blood-money is due for it. We think that the slave- girl's foetus has a tenth of the price of the slave-girl."

Malik said, "When a woman murders a man or woman, and the murderess is pregnant, retaliation is not taken against her until she has given birth. If a woman who is pregnant is killed intentionally or unintentionally, the one who killed her is not obliged to pay anything for her foetus. If she is murdered, then the one who killed her is killed and there is no blood-money for her foetus. If she is killed accidentally, the tribe obliged to pay on behalf of her killer pays her blood-money, and there is no blood-money for the foetus."

Yahya related to me, "Malik was asked about the foetus of the christian or jewish woman which was aborted. He said, 'I think that there is a tenth of the blood-money of the mother for it.' "

That he had asked `Aisha about the meaning of the Statement of Allah: "If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (Other) women of your choice Two or three or four." (4.3) She said, "O my nephew! This is about the orphan girl who lives with her guardian and shares his property. Her wealth and beauty may tempt him to marry her without giving her an adequate Mahr (bridal-money) which might have been given by another suitor. So, such guardians were forbidden to marry such orphan girls unless they treated them justly and gave them the most suitable Mahr; otherwise they were ordered to marry any other woman." `Aisha further said, "After that verse the people again asked the Prophet (about the marriage with orphan 'girls), so Allah revealed the following verses:-- 'They ask your instruction Concerning the women. Say: Allah Instructs you about them And about what is Recited unto you In the Book, concerning The orphan girls to whom You give not the prescribed portions and yet whom you Desire to marry..." (4.127) What is meant by Allah's Saying:-- 'And about what is Recited unto you is the former verse which goes:-- 'If you fear that you shall not Be able to deal justly With the orphan girls, then Marry (other) women of your choice.' (4.3) `Aisha said, "Allah's saying in the other verse:--'Yet whom you desire to marry' (4.127) means the desire of the guardian to marry an orphan girl under his supervision when she has not much property or beauty (in which case he should treat her justly). The guardians were forbidden to marry their orphan girls possessing property and beauty without being just to them, as they generally refrain from marrying them (when they are neither beautiful nor wealthy).

Fatima the daughter of the Prophet sent someone to Abu Bakr (when he was a caliph), asking for her inheritance of what Allah's Apostle had left of the property bestowed on him by Allah from the Fai (i.e. booty gained without fighting) in Medina, and Fadak, and what remained of the Khumus of the Khaibar booty. On that, Abu Bakr said, "Allah's Apostle said, "Our property is not inherited. Whatever we leave, is Sadaqa, but the family of (the Prophet) Muhammad can eat of this property.' By Allah, I will not make any change in the state of the Sadaqa of Allah's Apostle and will leave it as it was during the lifetime of Allah's Apostle, and will dispose of it as Allah's Apostle used to do." So Abu Bakr refused to give anything of that to Fatima. So she became angry with Abu Bakr and kept away from him, and did not task to him till she died. She remained alive for six months after the death of the Prophet. When she died, her husband `Ali, buried her at night without informing Abu Bakr and he said the funeral prayer by himself. When Fatima was alive, the people used to respect `Ali much, but after her death, `Ali noticed a change in the people's attitude towards him. So `Ali sought reconciliation with Abu Bakr and gave him an oath of allegiance. `Ali had not given the oath of allegiance during those months (i.e. the period between the Prophet's death and Fatima's death). `Ali sent someone to Abu Bakr saying, "Come to us, but let nobody come with you," as he disliked that `Umar should come, `Umar said (to Abu Bakr), "No, by Allah, you shall not enter upon them alone " Abu Bakr said, "What do you think they will do to me? By Allah, I will go to them' So Abu Bakr entered upon them, and then `Ali uttered Tashah-hud and said (to Abu Bakr), "We know well your superiority and what Allah has given you, and we are not jealous of the good what Allah has bestowed upon you, but you did not consult us in the question of the rule and we thought that we have got a right in it because of our near relationship to Allah's Apostle ." Thereupon Abu Bakr's eyes flowed with tears. And when Abu Bakr spoke, he said, "By Him in Whose Hand my soul is to keep good relations with the relatives of Allah's Apostle is dearer to me than to keep good relations with my own relatives. But as for the trouble which arose between me and you about his property, I will do my best to spend it according to what is good, and will not leave any rule or regulation ...

Eleven women sat (at a place) and promised and contracted that they would not conceal anything of the news of their husbands. The first one said, "My husband is like the meat of a slim weak camel which is kept on the top of a mountain which is neither easy to climb, nor is the meat fat, so that one might put up with the trouble of fetching it." The second one said, "I shall not relate my husband's news, for I fear that I may not be able to finish his story, for if I describe him, I will mention all his defects and bad traits." The third one said, "My husband, the "too-tall"! if I describe him (and he hears of that) he will divorce me, and if I keep quiet, he will keep me hanging (neither divorcing me nor treating me as a wife)." The fourth one said, "My husband is (moderate in temper) like the night of Tihama: neither hot nor cold; I am neither afraid of him, nor am I discontented with him." The fifth one said, "My husband, when entering (the house) is a leopard (sleeps a lot), and when going out, is a lion (boasts a lot). He does not ask about whatever is in the house." The sixth one said, "If my husband eats, he eats too much (leaving the dishes empty), and if he drinks he leaves nothing; if he sleeps he sleeps he rolls himself (alone in our blankets); and he does not insert his palm to inquire about my feelings." The seventh one said, "My husband is a wrong-doer or weak and foolish. All the defects are present in him. He may injure your head or your body or may do both." The eighth one said, "My husband is soft to touch like a rabbit and smells like a Zarnab (a kind of good smelling grass)." The ninth one said, "My husband is a tall generous man wearing a long strap for carrying his sword. His ashes are abundant (i.e. generous to his guests) and his house is near to the people (who would easily consult him)." The tenth one said, "My husband is Malik (possessor), and what is Malik? Malik is greater than whatever I say about him. (He is beyond and above all praises which can come to my mind). Most of his camels are kept at home (ready to be slaughtered for the guests) and only a few are taken to the pastures. When the camels hear the sound of the lute (or the tambourine) they realize that they are going to be slaughtered for the guests." The eleventh one said, "My husband is Abu Zar` and what is Abu Zar` (i.e., what should I say about him)? He has given me many ornaments and my ears are heavily loaded ...

The Prophet said, " It will be said to the people of Paradise, 'O people of Paradise! Eternity (for you) and no death,' and to the people of the Fire, 'O people of the Fire, eternity (for you) and no death!"

Allah's Apostle said, "Allah said, 'All the deeds of Adam's sons (people) are for them, except fasting which is for Me, and I will give the reward for it.' Fasting is a shield or protection from the fire and from committing sins. If one of you is fasting, he should avoid sexual relation with his wife and quarreling, and if somebody should fight or quarrel with him, he should say, 'I am fasting.' By Him in Whose Hands my soul is' The unpleasant smell coming out from the mouth of a fasting person is better in the sight of Allah than the smell of musk. There are two pleasures for the fasting person, one at the time of breaking his fast, and the other at the time when he will meet his Lord; then he will be pleased because of his fasting."

The Prophet said, "The people of Paradise will look at the dwellers of the lofty mansions (i.e. a superior place in Paradise) in the same way as one looks at a brilliant star far away in the East or in the West on the horizon; all that is because of their superiority over one another (in rewards)." On that the people said, "O Allah's Apostle! Are these lofty mansions for the prophets which nobody else can reach? The Prophet replied," No! "By Allah in whose Hands my life is, these are for the men who believed in Allah and also believed in the Apostles."

Allah's Apostle wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi whom Allah's Apostle ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Apostle reached Caesar, he said after reading it, 'Seek for me any one of his people! (Arabs of Quraish tribe) if present here, in order to ask him about Allah's Apostle. At that time Abu Sufyan bin Harb was in Sham with some men from Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah's Apostle; and the infidels of Quraish. Abu Sufyan said, Caesar's messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator. 'Ask them who amongst them is a close relation to the man who claims to be a prophet." Abu Sufyan added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately." Abu Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth. He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs to a noble family amongst us.' He said, 'Have anybody else amongst you ever claimed the same before him? 'I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he claimed? ' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are they increasing or decreasing (day by day)?' I replied,' ...

Allah's Apostle said, "Allah will say to the people of Paradise, 'O the people of Paradise!' They will say, 'Labbaik, O our Lord, and Sa`daik!' Allah will say, 'Are you pleased?" They will say, 'Why should we not be pleased since You have given us what You have not given to anyone of Your creation?' Allah will say, 'I will give you something better than that.' They will reply, 'O our Lord! And what is better than that?' Allah will say, 'I will bestow My pleasure and contentment upon you so that I will never be angry with you after for-ever.' "

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from Muhammad ibn Yahya ibn Habban that Ibn Muhayriz said, "I went into the mosque and saw Abu Said al-Khudri and so I sat by him and asked him about coitus interruptus. Abu Said al-Khudri said, 'We went out with the Messenger of Allah, may Allah bless him and grant him peace, on the expedition to the Banu al-Mustaliq. We took some Arabs prisoner, and we desired the women as celibacy was hard for us. We wanted the ransom, so we wanted to practise coitus interruptus. We said, 'Shall we practise coitus interruptus while the Messenger of Allah, may Allah bless him and grant him peace, is among us before we ask him?' We asked him about that and he said, 'You don't have to not do it. There is no self which is to come into existence up to the Day of Rising but that it will come into existence.' "

The Prophet said, "Whoever spends two things in Allah's Cause, will be called by all the gate-keepers of Paradise who will be saying, 'O so-and-so! Come here.' " Abu Bakr said, "O Allah's Apostle! Such persons will never be destroyed." The Prophet said, "I hope you will be one of them."

From his father who said: "A man wearing an iron ring came to the Prophet (saws). So he said to him: 'What is this I see on you, jewelry of the people of the Fire ?' Then he came wearing a ring of brass. So he said: 'What is this smell of idols I sense on you ?' Then he came wearing a ring of gold. So he said to him: 'What is this jewelry of the people of Paradise I see on you ?' So he said: 'What should I use then ?' He said: 'From silver, but not its entire weight."

[Abu 'Eisa said:] This Hadith is Gharib and there are narrations on this topic from 'Abdullah bin 'Amr, and 'Abdullah bin Muslim's Kunyah is Abu Taibah, and he is from Al-Marwaz.

[Al-Bukhari].

A group of Bani Tamim came to the Prophet (and requested him to appoint a governor for them). Abu Bakr said, "Appoint Al-Qaqa bin Mabad." `Umar said, "Appoint Al-Aqra' bin Habeas." On that Abu Bakr said (to `Umar). "You did not want but to oppose me!" `Umar replied "I did not intend to oppose you!" So both of them argued till their voices grew loud. So the following Verse was revealed: 'O you who believe! Be not forward......' (49.1)

Allah's Apostle said, "The first batch (of people) who will enter Paradise will be (glittering) like a full moon; and those who will enter next will be (glittering) like the brightest star. Their hearts will be as if the heart of a single man, for they will have no enmity amongst themselves, and everyone of them shall have two wives, each of whom will be so beautiful, pure and transparent that the marrow of the bones of their legs will be seen through the flesh. They will be glorifying Allah in the morning and evening, and will never fall ill, and they will neither blow their noses, nor spit. Their utensils will be of gold and silver, and their combs will be of gold, and the fuel used in their centers will be the aloeswood, and their sweat will smell like musk."

Jarir said to me, The Prophet said to me, "Won't you relieve me from Dhu-l-Khalasa?" And that was a house (in Yemem belonging to the tribe of) Khatham called Al-Ka`ba Al Yamaniya. I proceeded with one-hundred and-fifty cavalry from Ahmas (tribe) who were horse riders. I used not to sit firm on horses, so the Prophet stroke me over my chest till I saw the mark of his fingers over my chest, and then he said, 'O Allah! Make him (i.e. Jarir) firm and one who guides others and is guided on the right path." So Jarir proceeded to it dismantled and burnt it, and then sent a messenger to Allah's Apostle. The messenger of Jarir said (to the Prophet), "By Him Who sent you with the Truth, I did not leave that place till it was like a scabby camel." The Prophet blessed the horses of Ahmas and their men five times.

The Prophet said (at the time of building the Mosque), "O Ban, An-Najjar! Suggest to me a price for your garden." They replied, "We do not ask its price except from Allah."