Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said that if a man married a woman, and he was insane or had a physical defect, she had the right of choice. If she wished she could stay, and if she wished she could separate from him.

The Prophet (saws), AbuBakr, Umar and Uthman used to read "maliki yawmid-din (master of the Day of Judgment)". The first to read maliki yawmid-din was Marwan.

Abu Dawud said: This is sounder that the tradition which transmitted by al-Zuhri from Anas, and al-Zuhri from Salim, from his father (Ibn 'Umar).

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab, and from Abu Salama ibn Abd ar-Rahman, the same as that.

Malik said, "Every forgetfulness which decreases from the prayer, prostrations for it come before the greeting, and every forgetfulness which is an addition to the prayer, prostrations for it come after the greeting."

Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that a Syrian man called Ibn Khaybari found a man with his wife and killed him, or killed them both. Muawiya ibn Abi Sufyan found it difficult to make a decision and he wrote to Abu Musa al-Ashari to ask Ali ibn Abi Talib for him about that. So Abu Musa asked Ali ibn Abi Talib and AIi said to him, "Is this thing in my land? I adjure you, you must tell me." Abu Musa explained to him how Muawiya ibn Abi Sufyan had written him to ask Ali about it. Ali said, "I am Abu Hasan. If he does not bring four witnesses, then let him be completely handed over," (to the relatives of the murdered man).

I came to the Prophet at a place called Al-Batha'. The Prophet said, "Did you assume the Ihram for Hajj?" I said, "Yes," He said, "How did you express your intention (for performing Hajj)? " I said, "Labbaik (i.e. I am ready) to assume the Ihram with the same intention as that of Allah's Apostle." The Prophet said, "Perform the Tawaf around the Ka`ba and between Safa and Marwa, and then finish your Ihram." So I performed the Tawaf around the Ka`ba and between Safa and Marwa and then I came to a woman from the tribe of Qais who removed the lice from my head.

Yahya related to me from Malik from Ata ibn Abdullah al-Khurasani that Said ibn al-Musayyab said, "A bedouin came to the Messenger of Allah, may Allah bless him and grant him peace, beating his breast and tearing out his hair and saying, 'I am destroyed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why is that?', and he said, 'I had intercourse with my wife while fasting in Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, asked him, 'Are you able to free a slave?', and the man said, 'No.' Then he asked him, 'Are you able to give away a camel?', and the man replied, 'No.' He said, 'Sit own,' and someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said to the man, 'Take this and give it away as sadaqa.' The man said, 'There is no one more needy than me,' and (the Messenger of Allah, may Allah bless him and grant him peace), said, 'Eat them, and fast one day for the day when you had intercourse.' "

Malik said that Ata said that he had asked Said ibn al-Musayyab how many dates there were in that basket, and he said, "Between fifteen and twenty sas.''

Yahya related to me from Malik from Zayd ibn Aslam that Umar ibn al-Khattab used to say, "O Allah! Do not let me be slain by the hand of a man who has prayed a single prostration to You with which he will dispute with me before You on the Day of Rising!"

Abu Dawud said: This tradition has been transmitted by al-Muharibi, from al-'Ala bin al-Musayyab, from 'Abd Allah bin 'Amr bin Murrah, from Salim al-Aftas, from Abu Ubaidah, from 'Abd Allah; and it is been transmitted by Khalid al-Tahhan, from al-'Ala, from 'Amr bin Murrah from Abu 'Ubaidah.

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "Bartering live animals for dead meat is forbidden." Abu'z-Zinad said, "I said to Said ibn Musayyab, 'What do you think of a man buying an old camel for 10 sheep?' " Said said, "If he buys it to slaughter it, there is no good in it." Abu'z-Zinad added, "All the people (i.e. companions) that I have seen forbade bartering live animals for meat."

Abu'z-Zinad said, "This used to be written in the appointment letters of governors in the time of Aban ibn Uthman and Hisham ibn Ismail."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Sulayman ibn Yasar were asked about a man who divorced when he was drunk. They said, "When a drunk man divorces, his divorce is allowed. If he kills, he is killed for it."

Malik said, "That is what is done among us."

When `Ali was in Yemen, he sent some gold in its ore to the Prophet. The Prophet distributed it among Al-Aqra' bin H`Abis Al-Hanzali who belonged to Bani Mujashi, 'Uyaina bin Badr Al-Fazari, 'Alqama bin 'Ulatha Al-`Amiri, who belonged to the Bani Kilab tribe and Zaid AI-Khail at-Ta'i who belonged to Bani Nabhan. So the Quraish and the Ansar became angry and said, "He gives to the chiefs of Najd and leaves us!" The Prophet said, "I just wanted to attract and unite their hearts (make them firm in Islam)." Then there came a man with sunken eyes, bulging forehead, thick beard, fat raised cheeks, and clean-shaven head, and said, "O Muhammad! Be afraid of Allah! " The Prophet said, "Who would obey Allah if I disobeyed Him? (Allah). He trusts me over the people of the earth, but you do not trust me?" A man from the people (present then), who, I think, was Khalid bin Al- Walid, asked for permission to kill him, but the Prophet prevented him. When the man went away, the Prophet said, "Out of the offspring of this man, there will be people who will recite the Qur'an but it will not go beyond their throats, and they will go out of Islam as an arrow goes out through the game, and they will kill the Muslims and leave the idolators. Should I live till they appear, I would kill them as the Killing of the nation of 'Ad."

While the Messenger of Allah (saws) was sitting with some of his companions, a man reviled AbuBakr and insulted him. But AbuBakr remained silent. He insulted him twice, but AbuBakr controlled himself. He insulted him thrice and AbuBakr took revenge on him. Then the Messenger of Allah (saws) got up when AbuBakr took revenge.

AbuBakr said: Were you angry with me, Messenger of Allah?

The Messenger of Allah (saws) replied: An angel came down from Heaven and he was rejecting what he had said to you. When you took revenge, a devil came down. I was not going to sit when the devil came down.

We do not know of any tribe amongst the 'Arab tribes who lost more martyrs than Al-Ansar, and they will have superiority on the Day of Resurrection. Anas bin Malik told us that seventy from the Ansar were martyred on the day of Uhud, and seventy on the day (of the battle of) Bir Ma'una, and seventy on the day of Al-Yamama. Anas added, "The battle of Bir Ma'una took place during the lifetime of Allah's Apostle and the battle of Al-Yamama, during the caliphate of Abu Bakr, and it was the day when Musailamah Al-Kadhdhab was killed."

Ibn `Abbas; said, "Once Lian was mentioned before the Prophet whereupon `Asim bin Adi said something and went away. Then a man from his tribe came to him, complaining that he had found a man with his wife. `Asim said, 'I have not been put to task except for my statement (about Lian).' `Asim took the man to the Prophet and the man told him of the state in which he had found his wife. The man was pale, thin, and of lank hair, while the other man whom he claimed he had seen with his wife, was brown, fat and had much flesh on his calves. The Prophet invoked, saying, 'O Allah! Reveal the truth.' So that lady delivered a child resembling the man whom her husband had mentioned he had found her with. The Prophet then made them carry out Lian." Then a man from that gathering asked Ibn `Abbas, "Was she the same lady regarding which the Prophet had said, 'If I were to stone to death someone without witness, I would have stoned this lady'?" Ibn `Abbas said, "No, that was another lady who, though being a Muslim, used to arouse suspicion by her outright misbehavior. "

The Prophet passed by some persons of the tribe of Aslam practicing archery (i.e. the throwing of arrows) Allah's Apostle said, "O offspring of Ishmael! Practice archery (i.e. arrow throwing) as your father was a great archer (i.e. arrow-thrower). I am with (on the side of) the son of so-and-so-." Hearing that, one of the two teams stopped throwing. Allah's Apostle asked them, ' Why are you not throwing?" They replied, "O Allah's Apostle! How shall we throw when you are with the opposite team?" He said, "Throw, for I am with you all."

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Asma bint Umays gave birth to Muhammad ibn Abi Bakr at Dhu'l-Hulayfa and Abu Bakr told her to do ghusl and then enter ihram.

Malik related to me from Abdullah ibn Abi Bakr ibn Hazm that his father told him that he was sitting with Aban ibn Uthman, and an argument was brought to him between some people from the Juhayna tribe and some people from the Banu al-Harith ibn al-Khazraj. A woman of the Juhayna tribe was married to a man from the Banu al-Harith ibn al- Khazraj, called Ibrahim ibn Kulayb. She died and left property and mawali, and her son and husband inherited them from her. Then her son died and his heirs said, "We have the wala' of the mawali. Her son obtained them." Those of the Juhayna said, "It is not like that. They are the mawali of our female associate. When her child died, we have their wala' and we inherit them." Aban ibn Uthman gave a judgement that the people from the Juhayna tribe did indeed have the wala' of the mawali.

Yahya related to me from Malik from Safwan ibn Sulaym from Said ibn Salama of the Bani Azraq from al-Mughira ibn Abi Burda of the tribe of Bani Abd ad-Dar that he had heard Abu Hurayra speak about a man who came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah! We travel by sea and we do not carry much fresh water with us so if we do wudu with it we go thirsty. Can we do wudu with seawater?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "lts water is pure, and its dead creatures are halal."

Al-Fadl bin `Abbas rode behind the Prophet as his companion rider on the back portion of his she camel on the Day of Nahr (slaughtering of sacrifice, 10th Dhul-Hijja) and Al-Fadl was a handsome man. The Prophet stopped to give the people verdicts. In the meantime, a beautiful woman From the tribe of Khath'am came, asking the verdict of Allah's Apostle. Al-Fadl started looking at her as her beauty attracted him. The Prophet looked behind while Al-Fadl was looking at her; so the Prophet held out his hand backwards and caught the chin of Al-Fadl and turned his face (to the owner sides in order that he should not gaze at her. She said, "O Allah's Apostle! The obligation of Performing Hajj enjoined by Allah on His worshipers, has become due (compulsory) on my father who is an old man and who cannot sit firmly on the riding animal. Will it be sufficient that I perform Hajj on his behalf?" He said, "Yes."

The Prophet said, "A prophet amongst the prophets carried out a holy military expedition, so he said to his followers, 'Anyone who has married a woman and wants to consummate the marriage, and has not done so yet, should not accompany me; nor should a man who has built a house but has not completed its roof; nor a man who has sheep or shecamels and is waiting for the birth of their young ones.' So, the prophet carried out the expedition and when he reached that town at the time or nearly at the time of the `Asr prayer, he said to the sun, 'O sun! You are under Allah's Order and I am under Allah's Order O Allah! Stop it (i.e. the sun) from setting.' It was stopped till Allah made him victorious. Then he collected the booty and the fire came to burn it, but it did not burn it. He said (to his men), 'Some of you have stolen something from the booty. So one man from every tribe should give me a pledge of allegiance by shaking hands with me.' (They did so and) the hand of a man got stuck over the hand of their prophet. Then that prophet said (to the man), 'The theft has been committed by your people. So all the persons of your tribe should give me the pledge of allegiance by shaking hands with me.' The hands of two or three men got stuck over the hand of their prophet and he said, "You have committed the theft.' Then they brought a head of gold like the head of a cow and put it there, and the fire came and consumed the booty. The Prophet added: Then Allah saw our weakness and disability, so he made booty legal for us."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that Abu Rafi, the mawla of the Messenger of Allah, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, borrowed a young camel and then the camels of sadaqa came to him." Abu Rafi said, "He ordered me to repay the man his young camel. I said, 'I can only find a good camel in its seventh year in the camels.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Give it to him. The best of people are those who discharge their debts in the best manner.' "

While `Umar was at home in a state of fear, there came Al-`As bin Wail As-Sahmi Abu `Amr, wearing an embroidered cloak and a shirt having silk hems. He was from the tribe of Bani Sahm who were our allies during the pre-Islamic period of ignorance. Al-`As said to `Umar "What is wrong with you?" He said, "Your people claim that they would kill me if I become a Muslim." Al-`As said, "Nobody will harm you after I have given protection to you." So Al-`As went out and met the people streaming in the whole valley. He said, "Where are you going?" They said, "We want Ibn Al-Khattab who has embraced Islam." Al-`As said, "There is no way for anybody to touch him." So the people retreated.

The Prophet appointed a man from the tribe of Al-Azd, called Ibn 'Utbiyya for collecting the Zakat. When he returned he said, "This (i.e. the Zakat) is for you and this has been given to my as a present." The Prophet said, "Why hadn't he stayed in his father's or mother's house to see whether he would be given presents or not? By Him in Whose Hands my life is, whoever takes something from the resources of the Zakat (unlawfully) will be carrying it on his neck on the Day of Resurrection; if it be a camel, it will be grunting; if a cow, it will be mooing; and if a sheep, it will be bleating." The Prophet then raised his hands till we saw the whiteness of his armpits, and he said thrice, "O Allah! Haven't I conveyed Your Message (to them)?"

I was a Christian Bedouin; then I embraced Islam. I came to a man of my tribe, who was called Hudhaym ibn Thurmulah. I said to him. O brother, I am eager to wage war in the cause of Allah (i.e. jihad), and I find that both hajj and umrah are due from me. How can I combine them?

He said: Combine them and sacrifice the animal made easily available for you. I, therefore, raised my voice in talbiyah for both of them (i.e. umrah and hajj). When I reached al-Udhayb, Salman ibn Rabi'ah and Zayd ibn Suhan met me while I was raising my voice in talbiyah for both of them.

One of them said to the other: This (man) does not have any more understanding than his camel. Thereupon it was as if a mountain fell on me.

I came to Umar ibn al-Khattab (may Allah be pleased with him) and said to him: Commander of the Faithful, I was a Christian Bedouin, and I have embraced Islam. I am eager to wage war in the cause of Allah (jihad), and I found that both hajj and umrah were due from me. I came to a man of my tribe who said to me: Combine both of them and sacrifice the animal easily available for you. I have raised my voice in talbiyah for both of them.

Umar thereupon said to me: You have been guided to the practice (sunnah) of your Prophet) (saws).

Malik related to me from Yahya ibn Said that Said ibn al-Musayyab used to say, "When a man makes his slave-girl mudabbara, he can have intercourse with her. He cannot sell her or give her away and her children are in the same position as her."

Yahya related to me from Malik that Abu'z-Zinad heard Sa'id ibn al-Musayyab andSulayman ibn Yasar forbid a man to sell wheat for gold on delayed terms and then to buy dried dates with the gold before he had taken delivery of the gold.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab said, "If a man does not find the means to spend on his wife, they are to be separated . "

Malik said, "That is what I saw the people of knowledge in our city doing."

29.30 Idda of Widows when Pregnant

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "For the pigeon of Makka, when it is killed, a sheep is due."

Malik said, that if a man of the people of Makka were to enter ihram for hajj or umra and there was a flock of Makkan pigeons in his house and they were shut in and died, "I think that he should pay for that with a sheep for each bird."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Prayer in congregation is better than the prayer of one of you on his own by twenty-five parts."

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "No muslim who has three children die will be touched by the Fire except to fulfil Allah's oath."

That he heard Al-Bara narrating when a man from Qais (tribe) asked him "Did you flee leaving Allah's Apostle on the day (of the battle) of Hunain?" Al-Bara' replied, "But Allah's Apostle did not flee. The people of Hawazin were good archers, and when we attacked them, they fled. But rushing towards the booty, we were confronted by the arrows (of the enemy). I saw the Prophet riding his white mule while Abu Sufyan was holding its reins, and the Prophet was saying "I am the Prophet undoubtedly." (Israil and Zuhair said, "The Prophet dismounted from his Mule.")

Yahya related to me from Malik from Abd al-Hamid ibn Suhayl ibn Abd ar-Rahman ibn Awf from Said ibn al-Musayyab from Abu Said al- Khudri and from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, appointed a man as an agent in Khaybar, and he brought him some excellent dates. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Are all the dates of Khaybar like this?" He said,"No. By Allah, Messenger of Allah! We take a sa of this kind for two sa or two sa for three." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do not do that. Sell the assorted ones for dirhams and then buy the good ones with the dirhams."

Yahya related to me from Malik from Zayd ibn Aslam that Ata ibn Yasar said, "A man came to the Messenger of Allah, may Allah bless him and grant him peace, and asked him about the time of the subh prayer. The Messenger of Allah, may Allah bless him and grant him peace, did not answer him, but in the morning he prayed subh at first light. The following morning he prayed subh when it was much lighter, and then said, 'Where is the man who was asking about the time of the prayer?' The man replied, 'Here I am, Messenger of Allah.' He said,'The time is between these two.' "

(the wife of the Prophet) Allah's Apostle and Abu Bakr hired a man from the tribe of Bani-Ad-Dil as an expert guide who was a pagan (follower of the religion of the pagans of Quraish). The Prophet and Abu Bakr gave him their two riding camels and took a promise from him to bring their riding camels in the morning of the third day to the Cave of Thaur.

From Maimunah that a mouse fell in some cooking fat and died. So the Prophet (saws) was asked about that and he said: "Remove it (the mouse) and what was around it and then eat it (the fat)."

He said: There are something on this topic from Abu Hurairah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This Hadith has been related from Az-Zuhri, from 'Ubaidullah, from Ibn 'Abbas, saying: "The Prophet (saws) as asked" and they did not mention Maimunah in it. The narration of Ibn 'Abbas from Maimunah is more correct. Ma'mar reported similar from Az-Zuhri, from Sa'eed bin Al-Musayyab, from Abu Hurairah, from the Prophet (saws). But this hadith is not preserved. He said: I heard Muhammad bin Isma'il saying: "The Hadith of Ma'mar from Az-Zuhri, from Sa'eed bin al-Musayyab, from Abu Hurairah, from the Prophet (saws)" - and he mentioned in it: 'That he was asked about it, so he said: "When it (the coking fat) is solid then remove it (the mouse) and what was around it. And when it is liquid then do not use it.'" This is a mistake. Ma'mar made a mistake with it. And he said: What is correct is the narration of Az-Zuhri from 'Ubaidullah, from Ibn 'Abbas, and Maimunah.

That she was married to Sad bin Khaula who was from the tribe of Bani 'Amr bin Luai, and was one of those who fought the Badr battle. He died while she wa pregnant during Hajjat-ul-Wada.' Soon after his death, she gave birth to a child. When she completed the term of deliver (i.e. became clean), she prepared herself for suitors. Abu As-Sanabil bin Bu'kak, a man from the tribe of Bani Abd-ud-Dal called on her and said to her, "What! I see you dressed up for the people to ask you in marriage. Do you want to marry By Allah, you are not allowed to marry unless four months and ten days have elapsed (after your husband's death)." Subai'a in her narration said, "When he (i.e. Abu As-Sanabil) said this to me. I put on my dress in the evening and went to Allah's Apostle and asked him about this problem. He gave the verdict that I was free to marry as I had already given birth to my child and ordered me to marry if I wished."

The delegates of the tribe of `Abdul-Qais came and said, "O Allah's Apostle! We are from the tribe of Rabi`a, and there is the infidels of the tribe of Mudar intervening between you and us, so we cannot come to you except in the Sacred Months. So please order us some instructions that we may apply it to ourselves and also invite our people whom we left behind us to observe as well." The Prophet said, "I order you (to do) four (things) and forbid you (to do) four: I order you to believe in Allah, that is, to testify that None has the right to be worshipped but Allah (the Prophet pointed with his hand); to offer prayers perfectly; to pay Zakat; to fast the month of Ramadan, and to pay the Khumus (i.e. one-fifth) of the war booty to Allah and I forbid you to use Ad-dubba', An-Naqir, Al-Hantam and Al-Muzaffat (i.e. utensils used for preparing alcoholic drinks)." (See Hadith No. 50, Vol. 1).

Tufail bin `Amr Ad-Dausi and his companions came to the Prophet and said, "O Allah's Apostle! The people of the tribe of Daus disobeyed and refused to follow you; so invoke Allah against them." The people said, "The tribe of Daus is ruined." The Prophet said, "O Allah! Give guidance to the people of Daus, and let them embrace Islam."