Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

Yahya related to me from Malik from Zayd ibn Aslam from Abd ar- Rahman ibn Abi Said al-Khudri from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not let anyone pass in front of you when you are praying. Repel him as much as you can, and, if he refuses, fight him, for he is only a shaytan."

Yahya related to me from Malik from Abd Rabbih ibn Said from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from A'isha and Umm Salama, the wives of the Prophet, may Allah bless him and grant him peace, that the Prophet, may Allah bless him and grant him peace, used to get up in the morning junub from intercourse, not a dream, in Ramadan, and then he would fast."

When the Messenger of Allah (saws) urinated, he performed ablution and sprinkled water on private parts of the body.

Abu Dawud said: A group of scholars agreed with Sufyan upon this chain of narrators. Some have mentioned the name of Sufyan b. al-Hakam, and others al-Hakam b. Sufyan.

A man came to perform the Hajj to (Allah's) House. Seeing some people sitting, he said, "Who are these sitting people?" Somebody said, "They are the people of Quraish." He said, "Who is the old man?" They said, "Ibn `Umar." He went to him and said, "I want to ask you about something; will you tell me about it? I ask you with the respect due to the sanctity of this (Sacred) House, do you know that `Uthman bin `Affan fled on the day of Uhud?" Ibn `Umar said, "Yes." He said, "Do you know that he (i.e. `Uthman) was absent from the Badr (battle) and did not join it?" Ibn `Umar said, "Yes." He said, "Do you know that he failed to be present at the Ridwan Pledge of allegiance (i.e. Pledge of allegiance at Hudaibiya) and did not witness it?" Ibn `Umar replied, "Yes," He then said, "Allahu- Akbar!" Ibn `Umar said, "Come along; I will inform you and explain to you what you have asked. As for the flight (of `Uthman) on the day of Uhud, I testify that Allah forgave him. As regards his absence from the Badr (battle), he was married to the daughter of Allah's Apostle and she was ill, so the Prophet said to him, 'You will have such reward as a man who has fought the Badr battle will get, and will also have the same share of the booty.' As for his absence from the Ridwan Pledge of allegiance if there had been anybody more respected by the Meccans than `Uthman bin `Affan, the Prophet would surely have sent that man instead of `Uthman. So the Prophet sent him (i.e. `Uthman to Mecca) and the Ridwan Pledge of allegiance took place after `Uthman had gone to Mecca. The Prophet raised his right hand saying. 'This is the hand of `Uthman,' and clapped it over his other hand and said, "This is for `Uthman.'" Ibn `Umar then said (to the man), "Go now, after taking this information."

The Prophet said, (what is ascribed to him in the following Hadith):

Narrated Abu Salih As-Samman:

I saw Abu Sa`id Al-Khudri praying on a Friday, behind something which acted as a Sutra. A young man from Bani Abi Mu'ait [??] , wanted to pass in front of him, but Abu Sa`id repulsed him with a push on his chest. Finding no alternative he again tried to pass but Abu Sa`id pushed him with a greater force. The young man abused Abu Sa`id and went to Marwan and lodged a complaint against Abu Sa`id and Abu Sa`id followed the young man to Marwan who asked him, "O Abu Sa`id! What has happened between you and the son of your brother?" Abu Sa`id said to him, "I heard the Prophet saying, 'If anybody amongst you is praying behind something as a Sutra and somebody tries to pass in front of him, then he should repulse him and if he refuses, he should use force against him for he is a Shaitan (a Satan).' "

The Prophet (saws) said: Attend the sermon (on Friday) and sit near the imam, for a man keeps himself away until he will be left behind at the time of entering Paradise though he enters it.

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim from his father that a man from Yemen who had his hand and foot cut off came and went before Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had wronged him, and the man used to pray part of the night. Abu Bakr said, "By your father, your night is not the night of a thief." Then they missed a necklace of Asma bint Umays, the wife of Abu Bakr as-Siddiq. The man came to go around with them looking for it. He said, "O Allah! You are responsible for the one who invaded the people of this good house by night!" They found the jewelry with a goldsmith. He claimed that the maimed man had brought it to him. The maimed man confessed or it was testified against him. Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr said, "By Allah! His dua against himself is more serious, as far as I am concerned, than his theft."

Yahya said that Malik said, "What is done among us about the person who steals several times and is then called to reckoning, is that only his hand is cut off for all he stole when the hadd has not been applied againsthim. If the hadd has been applied against him before that, and he steals what obliges cutting off, then the next limb is cut off."

Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid that Abdullah ibn Amr ibn al-Hadrami brought a slave of his to Umar ibn al-Khattab and said to him, "Cut off the hand of this slave of mine. He has stolen." Umar said to him, "What did he steal?" He said, "He stole a mirror belonging to my wife. Its value was sixty dirhams." Umar said, "Let him go. His hand is not to be cut off. He is your servant who has stolen your belongings."

We were ordered to go out (for `Id) and also to take along with us the menstruating women, mature girls and virgins staying in seclusion. (Ibn `Aun said, "Or mature virgins staying in seclusion)." The menstruating women could present themselves at the religious gathering and invocation of Muslims but should keep away from their Musalla.

Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

Abu Dawud said : The tradition has been narrators by al-Thawri and a group of narrators from Hisham on the authority of his father from al-Miqdad, from ‘Ali reporting from the prophet (May peace be upon him).

I suffered from an illness. The Messenger of Allah (saws) came to pay a visit to me. He put his hands between my nipples and I felt its coolness at my heart. He said: You are a man suffering from heart sickness. Go to al-Harith ibn Kaladah, brother of Thaqif. He is a man who gives medical treatment. He should take seven ajwah dates of Medina and grind them with their kernels, and then put them into your mouth.

AbuDawud said: Al-Hasan ibn Ali traced this tradition back to the Prophet (saws): When people are passing by, it is enough if one of them gives a salutation on their behalf, and that it is enough for those who are sitting if one of them replies.

I heard the Messenger of Allah (saws) say: He who lets his garment trail during prayer out of pride, Allah, the Almighty, has nothing to do with pardoning him and protecting him from Hell.

When the Messenger of Allah (saws) recited the tashahhud....He then narrated the same tradition. In this version after the word "and His Apostle" he added the words: "He has sent him in truth as a bearer of glad tidings and a warner before the Hour. He who obeys Allah and His Prophet is on the right path, and he who disobeys them does not harm anyone except himself, and he does not harm Allah to the least.

The Prophet saw expectoration in the direction of the Qibla of the mosque while he was leading the prayer, and scratched it off. After finishing the prayer, he said, "Whenever any of you is in prayer he should know that Allah is in front of him. So none should spit in front of him in the prayer."

One of the wives of `Umar (bin Al-Khattab) used to offer the Fajr and the `Isha' prayer in congregation in the Mosque. She was asked why she had come out for the prayer as she knew that `Umar disliked it, and he has great ghaira (self-respect). She replied, "What prevents him from stopping me from this act?" The other replied, "The statement of Allah's Apostle : 'Do not stop Allah's women-slaves from going to Allah's Mosques' prevents him."

Abu Bakr reported that Marwan sent him to Umm Salama to ask whether a person should observe fast who is in a state of junub and the dawn breaks upon him, whereupon she said that the Messenger of Allah (may peace be upon him) (was at times) junbi on account of intercourse and not due to sexual dream, and the dawn broke upon him, but he neither broke the fast nor recompensed.

My father and I went to `Aisha and she said, "I testify that Allah's Apostle at times used to get up in the morning in a state of Janaba from sexual intercourse, not from a wet dream and then he would fast that day." Then he went to Um Salama and she also narrated a similar thing.

The Prophet (saws) said: The Friday prayer is obligatory on him who hears the call.

Abu Dawud said: This tradition has been transmitted by a group of narrators from Sufyan. They did not narrate it as a statement of the Prophet (saws); only Qabisah has transmitted it as saying of the Prophet (saws).

The Prophet (saws) said: The Friday prayer in congregation is a necessary duty for every Muslim, with four exceptions; a slave, a woman, a boy, and a sick person.

Abu Dawud said: Tariq b. Shihab had seen the Prophet (saws) but not heard anything from him.

We were ordered to bring out our menstruating women and veiled women in the religious gatherings and invocation of Muslims on the two `Id festivals. These menstruating women were to keep away from their Musalla. A woman asked, "O Allah's Apostle ' What about one who does not have a veil?" He said, "Let her share the veil of her companion."

At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied, "I abused a person by calling his mother with bad names." The Prophet said to me, 'O Abu Dhar! Did you abuse him by calling his mother with bad names You still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.' "

Abu Dawud said; this tradition has been reported with another chain of narrators. This version does not mention the word “testicles”.

The Prophet said, "Allah will say, 'O Adam!. Adam will reply, 'Labbaik and Sa`daik (I respond to Your Calls, I am obedient to Your orders), wal Khair fi Yadaik (and all the good is in Your Hands)!' Then Allah will say (to Adam), Bring out the people of the Fire.' Adam will say, 'What (how many) are the people of the Fire?' Allah will say, 'Out of every thousand (take out) nine hundred and ninety-nine (persons).' At that time children will become hoary-headed and every pregnant female will drop her load (have an abortion) and you will see the people as if they were drunk, yet not drunk; But Allah's punishment will be very severe." That news distressed the companions of the Prophet too much, and they said, "O Allah's Apostle! Who amongst us will be that man (the lucky one out of one-thousand who will be saved from the Fire)?" He said, "Have the good news that one-thousand will be from Gog and Magog, and the one (to be saved will be) from you." The Prophet added, "By Him in Whose Hand my soul is, I Hope that you (Muslims) will be one third of the people of Paradise." On that, we glorified and praised Allah and said, "Allahu Akbar." The Prophet then said, "By Him in Whose Hand my soul is, I hope that you will be one half of the people of Paradise, as your (Muslims) example in comparison to the other people (non-Muslims), is like that of a white hair on the skin of a black ox, or a round hairless spot on the foreleg of a donkey."

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban that a slave stole a small palm from a man's garden and planted it in the garden of his master. The owner of the palm went out looking for the palm and found it. He asked for help against the slave from Marwan ibn al-Hakam. Marwan jailed the slave and wanted to cut off his hand. The master of the slave rushed off to Rafi ibn Khadij and asked him about it. Rafi informed him that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, "The hand is not cut off for fruit or palm pith." The man said, "Marwan ibn al-Hakam has taken a slave of mine and wants to cut off his hand. I would like you to go with me to him so you can tell him what you heard from the Messenger of Allah, may Allah bless him and grant him peace." So, Rafi went with him to Marwan ibn al-Hakam. He said, "Did you arrest a slave for this?" He said, "Yes." He said, "What will you do with him?" He said, "I want to cut off his hand." Rafi said to him, "I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The hand is not cut off for dates or palm pith.' Marwan therefore ordered the slave to be released."

Abu Dawud said: If two traditions of the prophet(saws) conflict, the practice of the Companions after him should be taken into consideration.

The Messenger of Allah (saws) said: Before the Last Hour there will be commotions like pieces of a dark night in which a man will be a believer in the morning and an infidel in the evening, or a believer in the evening and infidel in the morning. He who sits during them will be better than he who gets up and he who walks during them is better than he who runs. So break your bows, cut your bowstrings and strike your swords on stones. If people then come in to one of you, let him be like the better of Adam's two sons.

Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.

"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."

Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.

"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting ...