Yahya related to me from Malik that Muhammad ibn Abd ar-Rahman ibn Nawfal said, ''Urwa ibn az-Zubayr informed me from A'isha umm al- muminin that Judama bint Wahb al-Asadiyya informed her that she heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I intended to prohibit ghila but I remembered that the Greeks and Persians do that without it causing any injury to their children.' "

Malik explained, "Ghila is that a man has intercourse with his wife while she is suckling."

Malik related to me from Yahya ibn Said and somebody else from al-Hasan ibn Abi al-Hasan al-Basri and from Muhammad ibn Sirin that a man in the time of the Messenger of Allah, may Allah bless him and grant him peace, freed six of his slaves while he was dying. The Messenger of Allah, may Allah bless him and grant him peace, drew lots between them and freed a third of those slaves.

Malik added that he had heard that the man did not have any property other than them.

Yahya related to me from Malik from Yahya ibn Said that Marwan ibn al-Hakam wrote to Muawiya ibn Abi Sufyan that a madman was brought to him who had killed a man. Muawiya wrote to him, "Tie him up and do not inflict any retaliation on him. There is no retaliation against a madman."

Malik said about an adult and a child when they murder a man together, "The adult is killed and the child pays half the full blood-money."

Malik said, "It is like that with a freeman and a slave when they murder a slave. The slave is killed and the freeman pays half of his value."

Allah's Apostle said, "No child is born except on Al-Fitra (Islam) and then his parents make him Jewish, Christian or Magian, as an animal produces a perfect young animal: do you see any part of its body amputated?" Then he rec 'The religion of pure Islamic Faith (Hanifa),(i.e. to worship none but Allah), The pure Allah's Islamic nature with which He (Allah) has created mankind. Let There be no change in Allah's religion (i.e. to join none in Allah's worship). That is the straight religion; but most of men know not..." (30.30)

Abu Bakr sent for me and said, "You used to write the Divine Revelations for Allah's Apostle : So you should search for (the Qur'an and collect) it." I started searching for the Qur'an till I found the last two Verses of Surat at-Tauba with Abi Khuza`ima Al-Ansari and I could not find these Verses with anybody other than him. (They were): 'Verily there has come unto you an Apostle (Muhammad) from amongst yourselves. It grieves him that you should receive any injury or difficulty ...' (9.128-129)

(the wife of the Prophet) "I do not remember my parents believing in any religion other than the Religion (of Islam), and our being visited by Allah's Apostle in the morning and in the evening. One day, while we were sitting in the house of Abu Bakr (my father) at noon, someone said, 'This is Allah's Apostle coming at an hour at which he never used to visit us.' Abu Bakr said, 'There must be something very urgent that has brought him at this hour.' The Prophet said, 'I have been allowed to go out (of Mecca) to migrate.' "

A bedouin came to Allah's Apostle and said, "My wife has delivered a black child." The Prophet said to him, "Have you camels?" He replied, "Yes." The Prophet said, "What color are they?" He replied, "They are red." The Prophet further asked, "Are any of them gray in color?" He replied, "Yes." The Prophet asked him, "Whence did that grayness come?" He said, "I thing it descended from the camel's ancestors." Then the Prophet said (to him), "Therefore, this child of yours has most probably inherited the color from his ancestors."

That one night Allah's Apostle visited him and Fatima, the daughter of Allah's Apostle and said to them, "Won 't you offer (night) prayer?.. `Ali added: I said, "O Allah's Apostle! Our souls are in the Hand of Allah and when He Wishes to bring us to life, He does." Then Allah's Apostle went away when I said so and he did not give any reply. Then I heard him on leaving while he was striking his thighs, saying, 'But man is, more quarrelsome than anything.' (18.54)

Yahya related to me from Malik, from his uncle Abu Suhayl from his father that Umar ibn al-Khattab wrote to Abu Musa saying that he should pray dhuhr when the sun had started to decline, asr when the sun was still pure white before any yellowness had entered it maghrib when the sun had set, and to delay isha as long as he did not sleep, and to pray subh when the stars were all visible and like a haze in the sky and to read in it two long suras from the mufassal.

Yahya related to me from Malik from Hisham ibn Urwa from his father from Zaynab bint Abi Salama that Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, said, "Umm Salama, the wife of Abu Talha al-Ansari, came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah is not ashamed of the truth-does a woman have to do ghusl if she has had an erotic dream?' He said, 'Yes, if she sees any liquid.' "

Malik said, "If the imam stops off on a journey in a town where jumua is obligatory and he gives a khutba and takes the jumua prayer for them, then the people of the town and any other people present do the jumua prayer with him."

Malik said, "If the imam gathers people for prayer while he is travelling in a town where the jumua prayer is not obligatory, then there is no jumua for him, nor for the people of the town, nor for anyone else who joins them for the prayer in congregation, and the people of the town and anyone else who is not travelling should complete the prayer."

Malik added, "A traveller does not have to do jumua "

Yahya related to me from Malik that he had heard people of knowledge say, "When a woman dies and there are no women with her to wash her and no man who has the right by blood ties to take charge of that for her and no husband to take charge of it for her, she should be purified by tayammum ,that is, by wiping her face and hands with earth."

Malik said, "When a man dies and there are only women with him, they also should purify him with earth ."

Malik said, "There is no particular way with us for washing the dead nor any recognised way to do it. They are just washed and purified."

Yahya related to me from Malik that he had heard that one of the administrators of Umar ibn Abd al-'Aziz wrote to him mentioning that a man had refused to pay zakat on his property. Umar wrote to the administrator and told him to leave the man alone and not to take any zakat from him when he took it from the other muslims. The man heard about this and the situation became unbearable for him, and after that he paid the zakat on his property. The administrator wrote to Umar and mentioned that to him, and Umar wrote back telling him to take the zakat from him.

A person asked me, "Can a woman in menses serve me? And can a Junub woman come close to me?" I replied, "All this is easy for me. All of them can serve me, and there is no harm for any other person to do the same. `Aisha told me that she used to comb the hair of Allah's Apostle while she was in her menses, and he was in I`tikaf (in the mosque). He would bring his head near her in her room and she would comb his hair, while she used to be in her menses."

The Prophet said, "Before your time the angels received the soul of a man and asked him, 'Did you do any good deeds (in your life)?' He replied, 'I used to order my employees to grant time to the rich person to pay his debts at his convenience.' So Allah said to the angels; "Excuse him." Rabi said that (the dead man said), 'I used to be easy to the rich and grant time to the poor.' Or, in another narration, 'grant time to the well-off and forgive the needy,' or, 'accept from the well-off and forgive the needy.'

That the Prophet (saws) said: "Whoever enters an orchard then let him eat, but not take any in his garment."

[He said:] There are narrations on this topic from 'Abdullah bin 'Amr, 'Abbad bin Shurahbil, Rafi' bin 'Amr, 'Umair the freed slave of Abi Al-Lahm, and Abu Hurairah.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is Gharib Hadith. We do not know of it from this route except from Yahya bin Sulaim. Some of the people of knowledge have permitted the wayfarer to eat from the fruits, and some of them disliked it without paying.

Ali ibn AbuTalib commanded him to ask the Messenger of Allah (saws) what a man should do when he wants to have intercourse with his wife and the prostatic fluid comes out (at this moment). (He said): I am ashamed of consulting him because of the position of his daughter. Al-Miqdad said: I asked the Messenger of Allah (saws) about it. He said: When any of you finds, he should wash his private part, and perform ablution as he does for prayer.

People were (sometimes) judged by the revealing of a Divine Inspiration during the lifetime of Allah's Apostle but now there is no longer any more (new revelation). Now we judge you by the deeds you practice publicly, so we will trust and favor the one who does good deeds in front of us, and we will not call him to account about what he is really doing in secret, for Allah will judge him for that; but we will not trust or believe the one who presents to us with an evil deed even if he claims that his intentions were good.

Aisha told me that Barirah came to seek her help in writing for emancipation and at that time she had not paid any part of her price. `Aisha said to her, "Go to your masters and if they agree that I will pay your price (and free you) on condition that your Wala' will be for me, I will pay the money." Barirah told her masters about that, but they refused, and said, "If `Aisha wants to do a favor she could, but your Wala will be for us." Aisha informed Allah's Apostle of that and he said to her, "Buy and manumit Barirah as the Wala' will go to the manumitted."

I asked `Ali, "Do you have the knowledge of any Divine Inspiration besides what is in Allah's Book?" `Ali replied, "No, by Him Who splits the grain of corn and creates the soul. I don't think we have such knowledge, but we have the ability of understanding which Allah may endow a person with, so that he may understand the Qur'an, and we have what is written in this paper as well." I asked, "What is written in this paper?" He replied, "(The regulations of) blood-money, the freeing of captives, and the judgment that no Muslim should be killed for killing an infidel."

The Prophet said, "If anyone testifies that None has the right to be worshipped but Allah Alone Who has no partners, and that Muhammad is His Slave and His Apostle, and that Jesus is Allah's Slave and His Apostle and His Word which He bestowed on Mary and a Spirit created by Him, and that Paradise is true, and Hell is true, Allah will admit him into Paradise with the deeds which he had done even if those deeds were few." (Junada, the sub-narrator said, " 'Ubada added, 'Such a person can enter Paradise through any of its eight gates he likes.")

The Prophet said, "The Hour will not be established till you fight a nation wearing hairy shoes, and till you fight the Turks, who will have small eyes, red faces and flat noses; and their faces will be like flat shields. And you will find that the best people are those who hate responsibility of ruling most of all till they are chosen to be the rulers. And the people are of different natures: The best in the pre-lslamic period are the best in Islam. A time will come when any of you will love to see me rather than to have his family and property doubled."

Abu Talhah said “When the Apostle of Allaah(saws) prevailed on any people, he stayed three nights in the field. Ibn Al Muthanna said “When he prevailed over people, he liked to stay three nights in the field.”

Abu Dawud said “Yahya bin Sa’id used to object to this tradition for this is not from his early traditions because his memory was spoiled at the age of forty five. He narrated this tradition in the last days of his age.”

Abu Dawud said “ It is said that Waki ‘ recived this tradition from him when his memory was spoiled.”

Malik said, "The generally agreed on way of doing things among us about whatever is weighed but is not gold or silver, i.e. copper, brass, lead, black lead, iron, herbs, figs, cotton, and any such things that are weighed, is that there is no harm in bartering all those sorts of things two for one, hand to hand. There is no harm in taking a ritl of iron for two ritls of iron, and a ritl of brass for two ritls of brass."

Malik said, "There is no good in two for one of one sort with delayed terms. There is no harm in taking two of one sort for one of another on delayed terms, if the two sorts are clearly different. If both sorts resemble each other but their names are different, like lead and black lead, brass and yellow brass, I disapprove of taking two of one sort for one of the other on delayed terms."

Malik said, "When buying something of this nature, there is no harm in selling It beforetaking possession of it to some one other than the person from whom it was purchased, if the price is taken immediately and if it was bought originally by measure or weight. If it was bought without measuring, it should be sold to someone other than the person from whom it was bought, for cash or with delayed terms. That is because goods have to be guaranteed when they are bought without measuring, and they cannot be guaranteed when bought by weight until they are weighed and the deal is completed. This is the best of what I have heard about all these things. It is what people continue to do among us."

Malik said, "The way of doing things among us with what is measured or weighed of things which are not eaten or drunk, like safflower, date-stones, fodder leaves, indigo dye and the like of that is that there is no harm in bartering all those sort of things two for one, hand to hand. Do not take two for one from the same variety with delayed terms. If the types are clearly different, there is no harm in taking two of one for one of the other with delayed terms. There is no harm in selling whatever is purchased of all these sorts, before taking delivery of them if the price is taken from someone other than the person from whom they were purchased."

Malik said, "Anything of any variety that profits people, like gravel and gypsum, one quantity of them for two of its like with delayed terms is usury. One quantity of both of them for its equal plus any increase with delayed terms, is usury."

`Urwa said, "Aisha told me that Allah's Apostle used to examine the women emigrants. We have been told also that when Allah revealed the order that the Muslims should return to the pagans what they had spent on their wives who emigrated (after embracing Islam) and that the Muslims should not keep unbelieving women as their wives, `Umar divorced two of his wives, Qariba, the daughter of Abu Umayyah and the daughter of Jarwal Al-Khuza`i. Later on Mu`awiya married Qariba and Abu Jahm married the other." When the pagans refused to pay what the Muslims had spent on their wives, Allah revealed: "And if any of your wives have gone from you to the unbelievers and you have an accession (by the coming over of a woman from the other side) (then pay to those whose wives have gone) the equivalent of what they had spent (on their Mahr)." (60.11) So, Allah ordered that the Muslim whose wife has gone, should be given, as a compensation of the Mahr he had given to his wife, from the Mahr of the wives of the pagans who had emigrated deserting their husbands. We do not know any of the women emigrants who deserted Islam after embracing it. We have also been told that Abu Basir bin Asid Ath-Thaqafi came to the Prophet as a Muslim emigrant during the truce. Al-Akhnas bin Shariq wrote to the Prophet requesting him to return Abu Basir.

Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik that his father heard Talha ibn Ubaydullah say, "Once one of the people of Najd came to the Messenger of Allah, may Allah bless him and grant him peace. He had dishevelled hair and although his voice could be heard we could not make out what he was saying until he drew nearer and then we found he was asking about Islam. The Messenger of Allah, may Allah bless him and grant him peace, said to him, 'There are five prayers during the day and the night.' He said, 'Do I have to do anything else besides that?' The Messenger of Allah, may Allah bless him and grant him peace, added, 'And fasting the month of Ramadan.' He said, 'Is there anything else I have to do?' He said, 'No, except what you do of your own accord.' The Messenger of Allah, may Allah bless him and grant him peace, mentioned zakat. The man said, 'Is there anything else that I have to do?' He said, 'No, except what you do of your own accord.'

He continued, "The man went away saying, 'By Allah, I won't do any more than this, nor will I do any less.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'That man will be successful, if he is telling the truth.'

Yahya related to me from Malik, from Hisham ibn Urwa, from his father, that A'isha, umm al-muminin, said to him, "Son of my sister, it is only for ten nights, so if you get an urge to do something, leave it," by which she meant eating game-meat.

Malik said that if game was hunted forthe sake of a man who is in ihram and it was prepared for him and he ate some of it knowing that it had been hunted for his sake, then he had to pay a forfeit for all of the game that had been hunted on his behalf.

Malik was asked about whether someone who was forced to eat carrion while he was in ihram should hunt game and then eat that rather than the carrion, and he said, "It is better for him to eat the carrion, because Allah, the Blessed and Exalted, has not given permission for someone in ihram to either eat game or take it in any situation, but He has made allowances for eating carrion when absolutely necessary."

Malik said, "It is not halal for anyone, whether in ihram or not, to eat game which has been killed or sacrificed by some one in ihram, because, whether it was killed deliberately or by mistake, it was not done in a halal manner, and so eating it is not halal. I have heard this from more than one person. Somebody who kills game and then eats it only has to make a single kaffara, which is the same as for somebody who kills game but does not eat any of it."

Hafsa said, 'We used to forbid our young women to go out for the two `Id prayers. A woman came and stayed at the palace of Bani Khalaf and she narrated about her sister whose husband took part in twelve holy battles along with the Prophet and her sister was with her husband in six (out of these twelve). She (the woman's sister) said, "We used to treat the wounded, look after the patients and once I asked the Prophet, 'Is there any harm for any of us to stay at home if she doesn't have a veil?' He said, 'She should cover herself with the veil of her companion and should participate in the good deeds and in the religious gathering of the Muslims.' When Um `Atiya came I asked her whether she had heard it from the Prophet. She replied, "Yes. May my father be sacrificed for him (the Prophet)! (Whenever she mentioned the Prophet she used to say, 'May my father be sacrificed for him) I have heard the Prophet saying, 'The unmarried young virgins and the mature girl who stay often screened or the young unmarried virgins who often stay screened and the menstruating women should come out and participate in the good deeds as well as the religious gathering of the faithful believers but the menstruating women should keep away from the Musalla (praying place).' " Hafsa asked Um `Atiya surprisingly, "Do you say the menstruating women?" She replied, "Doesn't a menstruating woman attend `Arafat (Hajj) and such and such (other deeds)?"

On his father's authority, told that his grandfather reported the Prophet (saws) said: If any slave entered into an agreement to buy his freedom for one hundred uqiyahs and he pays them all but ten, he remains a slave (until he pays the remaining ten); and if a slave entered into an agreement to purchase his freedom for one hundred dinars, and he pays them all but ten dinars, he remains a slave (until he pays the remaining ten).

Abu Dawud said: This narrator 'Abbas al-Jariri is not the same person. They said: It is misunderstanding. He is some other narrator.

The Prophet (saws) did not prescribe any punishment for drinking wine. Ibn Abbas said: A man who had drunk wine and become intoxicated was found staggering on the road, so he was taken to the Prophet (saws). When he was opposite al-Abbas's house, he escaped, and going in to al-Abbas, he grasped hold of him. When that was mentioned to the Prophet (saws), he laughed and said: Did he do that? and he gave no command regarding him.

Abu Dawud said: This tradition of al-Hasan b. 'Ali has been transmitted only by the people of Medina.

'Umar b. al-Khattab (ra) addressed us and said: I did not send my collectors (of zakat) so that they strike your bodies and that they take your property. If that is done with someone and he appeals to me, I shall take retaliation on him. Amr ibn al-'As said: If any man (i.e. governor) inflicts disciplinary punishment on his subjects, would you take retaliation on him too? He said: Yes, by Him in Whose hand my soul is, I shall take retaliation on him. I saw that the Messenger of Allah (saws) has given retaliation on himself.