Yahya related to me from Malik that Yahya ibn Said said that he had heard that when Abu Bakr as-Siddiq was ill he asked A'isha, "How many shrouds did the Messenger of Allah, may Allah bless him and grant him peace, have?" and she replied, "Three pure white cotton garments." Abu Bakr said, "Take this garment (a garment he was wearing on which red clay or saffron had fallen) and wash it. Then shroud me in it with two other garments." A'isha said, "Why's that?", and Abu Bakr replied, "The living have greater need of the new than the dead. This is only for the body fluids that come out as the body decays."

Yahya said that he heard Malik say, "This ayat is abrogated. It is the word of Allah, the Blessed, the Exalted, 'If he leaves goods, the testament is for parents and kinsmen.' What came down about the division of the fixed shares of inheritance in the Book of Allah, the Mighty, the Exalted, abrogated it."

Yahya said that he heard Malik say, "The established sunna with us, in which there is no dispute, is that it is not permitted for a testator to make a bequest (in addition to the fixed share) in favour of an heir, unless the other heirs permit him. If some of them permit him and others refuse, he is allowed to diminish the share of those who have given their permission. Those who refuse take their full share from the inheritance.

Yahya said that he heard Malik speak about an invalid who made a bequest and asked his heirs to give him permission to make a bequest when he was so ill that he only had command of a third of his property, and they gave him permission to leave some of his heirs more than his third. Malik said, "They cannot revoke that. Had they been permitted to do so, every heir would have done that, and then, when the testator died, they would take that for themselves and prevent him from bequeathing his third and what was permitted to him with respect to his property."

Malik said, "If he asks permission of his heirs to grant a bequest to an heir while he is well and they give him permission, that is not binding on them. The heirs can rescind that if they wish. That is because when a man is well, he is entitled to all his property and can do what he wishes with it. If he wishes, he can spend all of it. He can spend it and give sadaqa with it or give it to whomever he likes. His asking permission of his heirs is permitted for the heirs, when they give him permission when authority over all his property is closed off from him and nothing outside of the third is permitted to him, and when they are more entitled to the two-thirds of his property than he is himself. That is when their permission becomes relevant. If he asks one of the heirs to give his inheritance to him when he is dying, and the heir agrees and then the dying man does not dispose of it at all, it is returned to the one who gave it unless the deceased said to him, 'So-and-so - (one of his heirs) - is weak, and I would like you to give him your inheritance.' So he gives it to him. That is permitted when the deceased specified it for him."

Malik said, "When a man gives the dying man free use of his share of the inheritance, and the dying man distributes some of it and some remains, it is returned to the giver, after the man has died."

Yahya said that he heard Malik speak about someone who made a bequest and mentioned that he had given one of his heirs something which he had not taken possession of, so the heirs refused to permit that. Malik said, "That gift returns to the heirs as inheritance according to the Book of Allah because the deceased did not mean that to be taken out of the third and the heirs do not have a portion in the third (which the dying man is allowed to bequeath)."

Ibn Umar used to dye his beard with yellow colour so much so that his clothes were filled (dyed) with yellowness. He was asked: Why do you dye with yellow colour? He replied: I saw the Messenger of Allah (saws) dyeing with yellow colour, and nothing was dearer to him than it. He would dye all his clothes with it, even his turban.

that a slave girl of theirs used to shepherd some sheep at Si'a (a mountain near Medina). On seeing one of her sheep dying, she broke a stone and slaughtered it. Ka`b said to his family, "Do not eat (of it) till I go to the Prophet and ask him, or, till I send someone to ask him." So he went to the Prophet or sent someone to him The Prophet permitted (them) to eat it.

Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Anas ibn Malik said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our animals are dying and our camels are too weak to travel, so make dua to Allah.' The Messenger of Allah, may Allah bless him and grant him peace, made dua, and it rained on us from one jumua to the next."

Anas continued, "Then a man came to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah, our houses have fallen down, the paths are blocked, and our flocks are dying.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'O Allah, (only) the mountain and hill-tops, the valley bottoms, and the places where trees grow.' "

Anas added, "It cleared away from Madina like a garment being removed."

Malik said, about a man who missed the prayer of asking for rain but caught the khutba, and wished to pray in the mosque, or in his house when he returned, "He is free to do so, or not, as he wishes."

Yahya said that he heard Malik say, "I disapprove of youths wearing any gold because I heard that the Messenger of Allah, may Allah bless him and grant him peace, forbade wearing gold rings, and I disapprove of it for males old or young."

Yahya said, "I heard Malik say about men wearing wraps dyed with safflower in their houses and courtyards, 'I do not know that any of that is haram but I prefer other garments than that.' "

Anas bin Malik said, "The head of Al-Husain was brought to 'Ubaidullah bin Ziyad and was put in a tray, and then Ibn Ziyad started playing with a stick at the nose and mouth of Al-Husain's head and saying something about his handsome features." Anas then said (to him), "Al-Husain resembled the Prophet more than the others did." Anas added, "His (i.e. Al-Husain's) hair was dyed with Wasma (i.e. a kind of plant used as a dye).

Am effeminate man (mukhannath) who had dyed his hands and feet with henna was brought to the Prophet (saws). He asked: What is the matter with this man? He was told: "Messenger of Allah! He imitates the look of women." So he issued an order regarding him and he was banished to an-Naqi'. The people said: Messenger of Allah! Should we not kill him? He said: I have been prohibited from killing people who pray. AbuUsamah said: Naqi' is a region near Medina and not a Baqi'.

We were with Abu Huraira while he was wearing two linen garments dyed with red clay. He cleaned his nose with his garment, saying, "Bravo! Bravo! Abu Huraira is cleaning his nose with linen! There came a time when I would fall senseless between the pulpit of Allah's Apostle and `Aisha's dwelling whereupon a passerby would come and put his foot on my neck, considering me a mad man, but in fact, I had no madness, I suffered nothing but hunger."

Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is wrong with men who give their sons gifts and then keep them and if the son dies, they say, 'My property is in my possession and I did not give it to anyone.' But if they themselves are dying, they say, 'It belongs to my son, I gave it to him.' Whoever gives a gift, and does not hand it over to the one to whom it was given, the gift is invalid, and if he dies it belongs to the heirs in general."

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.

We had some sheep which used to graze at Sala'. One of our slavegirls saw a sheep dying and she broke a stone and slaughtered the sheep with it. My father said to the people, "Don't eat it till I ask the Prophet about it (or till I send somebody to ask the Prophet)." So, he asked or sent somebody to ask the Prophet, and the Prophet permitted him to eat it. 'Ubaidullah (a sub-narrator) said, "I admire that girl, for though she was a slave-girl, she dared to slaughter the sheep . "

Yahya said that he heard Malik say, "If a man buys a garment which has a defect, a burn or something else, which the seller knows about and that is testified against him or he confirms it, and the man who has bought it causes a new tear which decreases the price of the garment, and then he learns about the original defect, he can return it to the seller and he is not liable for his tearing it.

"If a man buys a garment which has a defect of a burn or flaw, and the one who sold it to him claims that he did not know about it, and the buyer has cut the garment or dyed it, then the buyer has an option . If he wishes, he can have a reduction according to what the burn or flaw detracts from the price of the garment and he can keep the garment, or if he wishes to pay damages for what the cutting or dyeing has decreased of the price of the garment and return it, he can do so.

"If the buyer has dyed the garment with a dye which increases the value, the buyer has an option. If he wishes, he has a reduction from the price of the garment according to what the defect diminishes or if he wishes to become a partner with the one who sold the garment he does so. The price of the garment with a burn or flaw is looked at. If the price is ten dirhams, and the amount by which the dyeing increased the value is five dirhams, then they are partners in the garment, each according to his share. In this reckoning is the amount by which the dyeing increases the price of the garment."

Anas bin Malik said, "A person entered the Mosque on a Friday through the gate facing the Daril- Qada' and Allah's Apostle was standing delivering the Khutba (sermon). The man stood in front of Allah's Apostle and said, 'O Allah's Apostle, livestock are dying and the roads are cut off; please pray to Allah for rain.' So Allah's Apostle (p.b.u.h) raised both his hands and said, 'O Allah! Bless us with rain. O Allah! Bless us with rain. O Allah! Bless us with rain!" Anas added, "By Allah, there were no clouds in the sky and there was no house or building between us and the mountain of Sila'. Then a big cloud like a shield appeared from behind it (i.e. Silas Mountain) and when it came in the middle of the sky, it spread and then rained. By Allah! We could not see the sun for a week. The next Friday, a person entered through the same gate and Allah's Apostle was delivering the Friday Khutba and the man stood in front of him and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off; Please pray to Allah to withhold rain.' " Anas added, "Allah's Apostle raised both his hands and said, 'O Allah! Round about us and not on us. O Allah!' On the plateaus, on the mountains, on the hills, in the valleys and on the places where trees grow.' " Anas added, "The rain stopped and we came out, walking in the sun." Sharik asked Anas whether it was the same person who had asked for rain the previous Friday. Anas replied that he did not know.

The Messenger of Allah (saws) saw me. The version of AbuAli al-Lula' has: I think I wore a garment dyed with a reddish yellow colour. He asked: What is this? So I went and burnt it. The Prophet (saws) said: What have you done with your garment? I replied: I burnt it. He said: Why did you not give it to one of your women to wear?

Abu Dawud said: Thawr transmitted it from Khalid and said: "Pink (muwarrad)" while Tawus said: "Reddish yellow colour (mu'asfar)".

We were forbidden to mourn for more than three days for a dead person, except for a husband, for whom a wife should mourn for four months and ten days (while in the mourning period) we were not allowed to put kohl in our eyes, nor perfume our-selves, nor wear dyed clothes, except a garment of 'Asb (special clothes made in Yemen). But it was permissible for us that when one of us became clean from her menses and took a bath, she could use a piece of a certain kind of incense. And it was forbidden for us to follow funeral processions.

I heard Anas bin Malik saying, "On a Friday a person entered the main Mosque through the gate facing the pulpit while Allah's Apostle was delivering the Khutba. The man stood in front of Allah's Apostle and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off; so please pray to Allah for rain.' " Anas added, "Allah's Apostle (p.b.u.h) raised both his hands and said, 'O Allah! Bless us with rain! O Allah! Bless us with rain! O Allah! Bless us with rain!' " Anas added, "By Allah, we could not see any trace of cloud in the sky and there was no building or a house between us and (the mountains of) Sila." Anas added, "A heavy cloud like a shield appeared from behind it (i.e. Sila' Mountain). When it came in the middle of the sky, it spread and then rained." Anas further said, "By Allah! We could not see the sun for a week. Next Friday a person entered through the same gate and at that time Allah's Apostle was delivering the Friday's Khutba. The man stood in front of him and said, 'O Allah's Apostle! The livestock are dying and the roads are cut off, please pray to Allah to withhold rain.' " Anas added, "Allah's Apostle I raised both his hands and said, 'O Allah! Round about us and not on us. O Allah! On the plateaus, on the mountains, on the hills, in the valleys and on the places where trees grow.' So the rain stopped and we came out walking in the sun." Sharik asked Anas whether it was the same person who had asked for the rain (the last Friday). Anas replied that he did not know.

On his father's authority, said that his grandfather said: We came down with the Messenger of Allah (saws) from a turning of a valley. He turned his attention to me and I was wearing a garment dyed with a reddish yellow dye. He asked: What is this garment over you? I recognised what he disliked. I then came to my family who were burning their oven. I threw it (the garment) in it and came to him the next day. He asked: Abdullah, what have you done with the garment? I informed him about it. He said: Why did you not give it to one of your family to wear, for there is no harm in it for women.

Yahya related to me from Malik from Yahya ibn Said and 'Abdullah ibn Abi Bakr and Rabia ibn Abi Abd ar-Rahman that al-Walid ibn Abd al- Malik asked Salim ibn Abdullah and Kharija ibn Zayd ibn Thabit if he could use perfume after he had stoned the jamra and shaved his head, but before he had left for the tawafal-ifada. Salim forbade him to do so, but Kharija ibn Zayd ibn Thabit said that he could.

Malik said, "There is no harm in a man oiling himself with an oil which does not have any perfume in it, either before he enters ihram, or before he leaves Mina for the tawaf al-ifada, if he has stoned the jamra."

Yahya said that Malik was asked whether someone in ihram could eat food with saffron in it, and he said, "There is no harm in some one in ihram eating it if it has been cooked. If, however, it has not been cooked he should not eat it."

Aisha said, "I went to Abu Bakr (during his fatal illness) and he asked me, 'In how many garments was the Prophet shrouded?' She replied, 'In three Suhuliya pieces of white cloth of cotton, and there was neither a shirt nor a turban among them.' Abu Bakr further asked her, 'On which day did the Prophet die?' She replied, 'He died on Monday.' He asked, 'What is today?' She replied, 'Today is Monday.' He added, 'I hope I shall die sometime between this morning and tonight.' Then he looked at a garment that he was wearing during his illness and it had some stains of saffron. Then he said, 'Wash this garment of mine and add two more garments and shroud me in them.' I said, 'This is worn out.' He said, 'A living person has more right to wear new clothes than a dead one; the shroud is only for the body's pus.' He did not die till it was the night of Tuesday and was buried before the morning."

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

Yahya related to me from Malik from Abdullah ibn Abdullah ibn Jabir ibn Atik that Atik ibn al-Harith, the grandfather of Abdullah ibn Abdullah ibn Jabir on his mother's side, told him that Jabir ibn Atik had told him that the Messenger of Allah, may Allah bless him and grant him peace, came to visit Abdullah ibn Thabit and found him in his death-throes. He called to him but he did not reply. The Messenger of Allah, may Allah bless him and grant him peace, said, "We belong to Allah, and to Him we are returning," and added, "You are being taken from us, Abur-Rabi`." The women cried out and wept, and Jabir began to silence them. The Messenger of Allah, may Allah bless him and grant him peace, said, "Leave them, and when the necessary time comes, none of the women should cry." They said, "Messenger of Allah, what is the necessary time?" and he replied, "When he dies." The dying man's daughter said, "By Allah, I hope that you will be a martyr, for you have completed your preparations for battle," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah has made his reward fall according to his intention. What do you consider dying a martyr to be?" They said, "Death in the way of Allah." The Messenger of Allah, may Allah bless him and grant him peace, said, "There are seven kinds of martyr other than those killed in the way of Allah. Someone who is killed by the plague is a martyr, someone who drowns is a martyr, someone who dies of pleurisy is a martyr, someone who dies of a disease of the belly is a martyr, someone who dies by fire is a martyr, someone who dies under a falling building is a martyr and a woman who dies in childbirth is a martyr."

Malik related to me from Said ibn Amr Shurahbil ibn Said ibn Sad ibn Ubada from his father that his father said, ''Sad ibn Ubada went out with the Messenger of Allah, may Allah bless him and grant him peace, in one of his raids and his mother was dying in Madina. Someone said to her, 'Leave a testament.' She said, 'In what shall I leave a testament? The property is Sad's property.' Then she died before Sad returned. When Sad ibn Ubada returned, that was mentioned to him. Sad said,

'Messenger of Allah! Will it help her if I give sadaqa for her?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Yes' Sad said, 'Such-and-such a garden is sadaqa for her,' naming the garden."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that a man once asked the Messenger of Allah, may Allah bless him and grant him peace, what clothes someone in ihram could wear, and the Messenger of Allah, may Allah bless him and grant him peace, said, "Do not wear shirts, turbans, trousers, burnouses, or leather socks, except if you cannot find sandals. In that case you can wear leather socks, but cut them off below the ankles. Do not wear any clothes that have been touched by saffron or yellow dye."

Yahya said that Malik was asked about the hadith attributed to the Prophet, may Allah bless him and grant him peace, "Whoever cannot find a waist wrapper should wear trousers," and he said, "I have never heard this, and I do not think that some one who is in ihram can wear trousers, because among the things which the Prophet, may Allah bless him and grant him peace, forbade some one in ihram to wear were trousers, and he did not make any exception for them although he did make an exception for leather socks."

20.4 Wearing Clothes when in Ihram

Yahya related to me from Malik from Nafic that Saffiyya bint Abi Ubayd suffered from an eye-complaint while she was in mourning for her husband, Abdullah ibn Umar. She did not apply kohl until her eyes almost had ramas (a dry white secretion in the corners of the eye).

Malik said, "A woman whose husband has died should anoint her eyes with olive oil and sesame oil and the like of that since there is no perfume in it."

Malik said, "A woman in mourning for her husband should not put on any jewellery - rings, anklets, or such- like, neither should she dress in any sort of colourful, striped garment unless it is coarse. She should not wear any cloth dyed with anything except black, and she should only dress her hair with things like lotus-tree leaves which do not dye the hair."

[Muslim].

A son of one of the daughters of the Prophet was dying, so she sent a person to call the Prophet. He sent (her a message), "What ever Allah takes is for Him, and whatever He gives is for Him, and everything has a limited fixed term (in this world) so she should be patient and hope for Allah's reward." She then sent for him again, swearing that he should come. Allah's Apostle got up, and so did Mu`adh bin Jabal, Ubai bin Ka`b and 'Ubada bin As-Samit. When he entered (the house), they gave the child to Allah's Apostle while its breath was disturbed in his chest. (The sub-narrator said: I think he said, "...as if it was a water skin.") Allah's Apostle started weeping whereupon Sa`d bin 'Ubada said, "Do you weep?" The Prophet said, "Allah is merciful only to those of His slaves who are merciful (to others).

Yahya related that he heard Malik say that if a man gave a washer a garment to dye and he dyed it, and then the owner of the garment said, "I did not order you to use this dye," and the washer protested that he had done so, then the washer was to be believed. It was the same with the tailor and the gold-smith. They took an oath about it unless they produced something they would not normally have been employed to do. In that situation their statement was not allowed and the owner of the garment had to take an oath . If he rejected it and refused to swear, then the dyer was made to take an oath.

Yahya said, "I heard Malik speak about a dyer who was given a garment and he made a mistake and gave it to another man and the one to whom he gave it wore it. He said, 'The one who wore it has no damages against him, and the washer pays damages to the owner of the garment. That is when the man wears the garment which was given him without recognizing that it is not his. If he wears it knowing that it is not his garment, he is responsible for it.' "

Usama bin Zaid said that while he. Sa`d and Ubai bin Ka`b were with the Prophet a daughter of the Prophet sent a message to him, saying. 'My daughter is dying; please come to us." The Prophet sent her his greetings and added "It is for Allah what He takes, and what He gives; and everything before His sight has a limited period. So she should hope for Allah's reward and remain patient." She again sent a message, beseeching him by Allah, to come. So the Prophet got up. and so did we (and went there). The child was placed on his lap while his breath was irregular. Tears flowed from the eyes of the Prophet. Sa`d said to him, "What is this, O Allah's Apostle?" He said. "This Is Mercy which Allah has embedded in the hearts of whomever He wished of His slaves. And Allah does not bestow His Mercy, except on the merciful among His slaves. (See Hadith No. 373 Vol. 2)

We were with the Prophet when suddenly there came to him a messenger from one of his daughters who was asking him to come and see her son who was dying. The Prophet said (to the messenger), "Go back and tell her that whatever Allah takes is His, and whatever He gives is His, and everything with Him has a limited fixed term (in this world). So order her to be patient and hope for Allah's reward." But she sent the messenger to the Prophet again, swearing that he should come to her. So the Prophet got up, and so did Sa`d bin 'Ubada and Mu`adh bin Jabal (and went to her). When the child was brought to the Prophet his breath was disturbed in his chest as if it were in a water skin. On that the eyes of the Prophet became flooded with tears, whereupon Sa`d said to him, "O Allah's Apostle! What is this?" The Prophet said, "This is mercy which Allah has put in the heart of His slaves, and Allah bestows His mercy only on those of His slaves who are merciful (to others)."

The Prophet said, "Amongst the men of Bani Israel there was a man who had murdered ninety-nine persons. Then he set out asking (whether his repentance could be accepted or not). He came upon a monk and asked him if his repentance could be accepted. The monk replied in the negative and so the man killed him. He kept on asking till a man advised to go to such and such village. (So he left for it) but death overtook him on the way. While dying, he turned his chest towards that village (where he had hoped his repentance would be accepted), and so the angels of mercy and the angels of punishment quarrelled amongst themselves regarding him. Allah ordered the village (towards which he was going) to come closer to him, and ordered the village (whence he had come), to go far away, and then He ordered the angels to measure the distances between his body and the two villages. So he was found to be one span closer to the village (he was going to). So he was forgiven."

The Prophet with his companions started from Medina after combing and oiling his hair and putting on two sheets of lhram (upper body cover and waist cover). He did not forbid anyone to wear any kind of sheets except the ones colored with saffron because they may leave the scent on the skin. And so in the early morning, the Prophet mounted his Mount while in Dhul-Hulaifa and set out till they reached Baida', where he and his companions recited Talbiya, and then they did the ceremony of Taqlid (which means to put the colored garlands around the necks of the Budn (camels for sacrifice). And all that happened on the 25th of Dhul-Qa'da. And when he reached Mecca on the 4th of Dhul-Hijja he performed the Tawaf round the Ka`ba and performed the Tawaf between Safa and Marwa. And as he had a Badana and had garlanded it, he did not finish his Ihram. He proceeded towards the highest places of Mecca near Al-Hujun and he was assuming the Ihram for Hajj and did not go near the Ka`ba after he performed Tawaf (round it) till he returned from `Arafat. Then he ordered his companions to perform the Tawaf round the Ka`ba and then the Tawaf of Safa and Marwa, and to cut short the hair of their heads and to finish their Ihram. And that was only for those people who had not garlanded Budn. Those who had their wives with them were permitted to contact them (have sexual intercourse), and similarly perfume and (ordinary) clothes were permissible for them.