Yahya related to me from Malik from Yahya ibn Said from Yaqub ibn Khalid al-Makhzumi that Abu Asma, the mawla of Abdullah ibn Jafar, told him that he was with Abdullah ibn Jafar when they set out once from Madina. At as-Suqya they passed by Husayn ibn Ali, who was ill at the time. Abdullah ibn Jafar stayed with him and then, when he feared that he was late (for the hajj) he left, and sent for Ali ibn Abi Talib and Asma bint Umays in Madina, and they came to Husayn. Then Husayn pointed to his head, and AIi told someone to shave his head. Then he sacrificed an animal for him at as-Suqya, killing a camel for him.

Yahya ibn Said added, "Husayn had set out with Uthman ibn Affan on that particular journey to Makka. "

On the day of the conquest of Mecca, Abdullah ibn Sa'd ibn AbuSarh hid himself with Uthman ibn Affan.

He brought him and made him stand before the Prophet (saws), and said: Accept the allegiance of Abdullah, Messenger of Allah! He raised his head and looked at him three times, refusing him each time, but accepted his allegiance after the third time.

Then turning to his companions, he said: Was not there a wise man among you who would stand up to him when he saw that I had withheld my hand from accepting his allegiance, and kill him?

They said: We did not know what you had in your heart, Messenger of Allah! Why did you not give us a signal with your eye?

He said: It is not advisable for a Prophet to play deceptive tricks with the eyes.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "The idda of the woman who bleeds constantly is a year."

Malik said, "What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in them, she has an idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an idda of three months. If she has a third period, the idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, "The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her idda. Her husband has wronged himself and erred if he returned to her and had no need of her."

Malik said, "What is done among us is that if a woman becomes a muslim while her husband is a kafir and then he becomes muslim, he is entitled to her as long as she is in her idda. If her idda is finished, he has no access to her. If he remarries her after the end of her idda, however, that is not counted as divorce. Islam removed her from him without divorce."

We came upon `Abdullah bin Mas`ud and he said "O people! If somebody knows something, he can say it, but if he does not know it, he should say, "Allah knows better,' for it is a sign of having knowledge to say about something which one does not know, 'Allah knows better.' Allah said to His Prophet: 'Say (O Muhammad ! ) No wage do I ask of You for this (Qur'an) nor am I one of the pretenders (a person who pretends things which do not exist).' (38.86) Now I will tell you about Ad- Dukhan (the smoke), Allah's Apostle invited the Quraish to embrace Islam, but they delayed their response. So he said, "O Allah! Help me against them by sending on them seven years of famine similar to the seven years of famine of Joseph." So the famine year overtook them and everything was destroyed till they ate dead animals and skins. People started imagining to see smoke between them and the sky because of severe hunger. Allah said: 'Then watch you for the Day that the sky will bring forth a kind of smoke plainly visible, covering the people. . . This is painful torment.' (44.10-11) (So they invoked Allah) "Our Lord! Remove the punishment from us really we are believers." How can there be an (effectual) reminder for them when an Apostle, explaining things clearly, has already come to them? Then they had turned away from him and said: 'One taught (by a human being), a madman?' 'We shall indeed remove punishment for a while, but truly, you will revert (to disbelief).' (44.12-15) Will the punishment be removed on the Day of Resurrection?" `Abdullah added, "The punishment was removed from them for a while but they reverted to disbelief, so Allah destroyed them on the Day of Badr. Allah said: 'The day We shall seize you with a mighty grasp. We will indeed (then) exact retribution." (44.16)

That he heard is father, narating a Hadith, which he heard from the Messenger of Allah (saws) in which he stood among them, mentioning to them that Jihad in the cause of Allah and faith in Allah were the most virtuous of deeds. Then a man stood and said: "O Messenger of Allah! If I were killed in the cause of Allah, would my sins forgiven ?" So the Messenger of Allah (saws) said: "Yes, If you are killed in Allah's cause, and you are patient, seeking the reward, advancing, not fleeing." Then the Messenger of Allah (saws) said: "What was it that you said?" So he replied: "If I were killed in the cause of Allah, would my sins be removed (forgiven)?" So the Messenger of Allah (saws) said: "Yes, If you are patient, seeking the reward, advancing, not fleeing - except debt. For Jibril said that to me."

[Abu 'Eisa said:] There are narrations on this topic from Anas, Muhammad bin Jahsh, And Abu Hurairah. This Hadith is Hasan Sahih.

Some of them reported this Hadith from Sa'eed Al-Maqburi, from Abu Hurairah, from the Prophet (saws) similar to this. Yahya bin Sa'eed Al-Ansari and more than one narrator reported this from Sa'eed Al-Maqburi from 'Abdullah bin Abi Qatadah, from his fahter, from the Prophet (saws). This is more correct than the narration of Sa'eed Al-Maqburi from Abu Hurairah.

The Prophet said to me during Hajjat-al-Wida`: Let the people keep quiet and listen. Then he said (addressing the people), "Do not (become infidels) revert to disbelief after me by striking the necks (cutting the throats) of one another (killing each other).

Yahya related to me from Malik, from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah at-Taymi, from Nafi, the mawla of Abu Qatada al- Ansari, that Abu Qatada was once with the Messenger of Allah, may Allah bless him and grant him peace. When they got to one of the roads to Makka he fell behind with some companions of his who were muhrim, while he was not. Then he saw a wild ass, so he got on his mount and asked his companions to give him his whip but they refused. Then he asked them for his spear and they refused to give it to him. So he took hold of it and attacked the ass and killed it. Some of the companions of the Messenger of Allah, may Allah bless him and grant him peace, ate from it, and others refused. When they had caught up with the Messenger of Allah, may Allah bless him and grant him peace, they asked him about it and he said, "It is food that Allah has fed you with."

(The tribe of) Quraish used to fast on the day of Ashura' in the Pre-Islamic period, and then Allah's Apostle ordered (Muslims) to fast on it till the fasting in the month of Ramadan was prescribed; whereupon the Prophet said, "He who wants to fast (on 'Ashura') may fast, and he who does not want to fast may not fast."

`Umar bin Al-Khattab said, "O Allah's Apostle! I vowed in the Pre-Islamic period to perform I`tikaf in Al-Masjid-al-Haram for one night." The Prophet said, "Fulfill your vow." So, he performed I`tikaf for one night.

Yahya said that Malik said, "The way of doing things in our community about Yahya said that Malik said, "The procedure in swearing in manslaughter is that those who claim blood swear and it becomes due by their swearing. They swear fifty oaths, and there is blood-money for them according to the division of their inheritances. If it is not possible to divide up the oaths which they swear between them evenly, one looks to the one who has most of those oaths against him, and that oath is obliged against him."

Malik said, "If the slain man only has female heirs, they swear and take the blood-money. If he only has one male heir, he swears fifty oaths and takes the blood-money. That is only in the accidental killing, not in the intentional one."

Malik related to me from Safiyy, the mawla of Ibn Aflah that Abu's-Saib, the mawla of Hisham ibn Zuhra said, "I went to Abu Said al-Khudri and found him praying. I sat to wait for him until he finished the prayer. I heard a movement under a bed in his room, and it was a snake. I stood up to kill it, and Abu Said gestured to me to sit. When he was finished he pointed to a room in the house and said, 'Do you see this room?' I said, 'Yes.' He said, 'There was a young boy in it who had just got married. He went out with the Messenger of Allah, may Allah bless him and grant him peace, to al-Khandaq, (the ditch which the muslims dug in the 5th year of the Hijra to defend Madina against the Quraysh and their allies).

When he was there, the youth came and asked his permission, saying, "Messenger of Allah. Give me permission to return to my family." The Messenger of Allah, may Allah bless him and grant him peace, gave him permission and said, "Take your weapons with you, for I fear the Banu Quraydha tribe. They may harm you." The youth went to his family and found his wife standing between the two doors. He lifted his spear to stab her as jealousy had been aroused in him. She said, "Don't be hasty until you go in and see what is in your house." He entered and found a snake coiled up on his bed. He transfixed it with his spear and then went out with it and pitched it into the house. The snake stirred on the end of the spear and the youth fell dead. No one knew which of them died first, the snake or the youth. That was mentioned to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "There are jinn in Madina who have become muslim. When you see one of them, call out to it for three days. If it appears after that, then kill it, for it is a shaytan." "'

On `Id ul Fitr or `Id ul Adha Allah's Apostle (p.b.u.h) went out to the Musalla. After finishing the prayer, he delivered the sermon and ordered the people to give alms. He said, "O people! Give alms." Then he went towards the women and said. "O women! Give alms, for I have seen that the majority of the dwellers of Hell-Fire were you (women)." The women asked, "O Allah's Apostle! What is the reason for it?" He replied, "O women! You curse frequently, and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. O women, some of you can lead a cautious wise man astray." Then he left. And when he reached his house, Zainab, the wife of Ibn Mas`ud, came and asked permission to enter It was said, "O Allah's Apostle! It is Zainab." He asked, 'Which Zainab?" The reply was that she was the wife of Ibn Mas'ub. He said, "Yes, allow her to enter." And she was admitted. Then she said, "O Prophet of Allah! Today you ordered people to give alms and I had an ornament and intended to give it as alms, but Ibn Mas`ud said that he and his children deserved it more than anybody else." The Prophet replied, "Ibn Mas`ud had spoken the truth. Your husband and your children had more right to it than anybody else."

Ibn Maslamah and Ibn 'Isa reported from Muhammad b. al-Munkadir on the authority of Jabir.

Malik said, concerning someone who wishes to wear clothes that a person in ihram must not wear, or cut his hair, or touch perfume without necessity, because he finds it easy to pay the compensation, "No-one must do such things. They are only allowed in cases of necessity, and compensation is owed by whoever does them."

Malik was asked whether the culprit could choose for himself the method of compensation he makes, and he was asked what kind of animal was to be sacrificed, and how much food was to be given, and how many days were to be fasted, and whether the person could delay any of these, or if they had to be done immediately. He answered, 'Whenever there are alternatives in the Book of Allah for the kaffara, the culprit can choose to do whichever of the alternatives he prefers. As for the sacrifice - a sheep, and as for the fasting - three days. As for the food - feeding six poor men, for every poor man two mudds, by the first mudd, the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "I have heard one of the people of knowledge saying, 'When a person in ihram throws something and hits game unintentionally and kills it, he must pay compensation. In the same way, someone outside the Haram who throws anything into the Haram and hits game he did not intend to, killing it, has to pay compensation, because the intentional and the mistaken are in the same position in this matter.' "

Malik said, concerning people who kill game together while they are muhrim or in the Haram, "I think that each one of them owes a full share. If a sacrificial animal is decided for them, each one of them owes one, and if fasting is decided for them, the full fasting is owed by each one of them. The analogy of that is a group of people who kill a man by mistake and the kaffara for that is that each person among them must free a slave or fast two consecutive months."

Malik said, "Anyone who stones or hunts game after stoning the jamra and shaving his head but before he has performed the tawaf al-ifada, owes compensation for that game, because Allah the Blessed, the Exalted said, 'And when you leave ihram, then hunt,' and restrictions still remain for someone who has not done the tawaf al-ifada about touching perfume and women."

Malik said, "The person in ihram does not owe anything for plants he cuts down in the Haram and it has not reached us that anyone has given a decision of anything for it, but O how wrong is what he has done! "

Malik said, concerning some one who was ignorant of, or who forgot the fast of three days in the hajj, or who was ill during them and so did not fast them until he had returned to his community, "He must offer a sacrificial animal (hady) if he can find one and if not he must fast the three days among his people and the remaining seven after that."

A man called the Messenger of Allah (saws): We used to sacrifice Atirah in pre-Islamic days during Rajab; so what do you command us? He said: Sacrifice for the sake of Allah in any month whatever; obey Allah, Most High, and feed(the people). He said: We used to sacrifice a Fara' in pre-Islamic days, so what do you command us? He said: On every pasturing animal there is a Fara' which is fed by your cattle till it becomes strong and capable of carrying load.

The narrator Nasr said (in his version): When it becomes capable of carrying load of the pilgrims, you may slaughter it and give its meat as charity (sadaqah).

The narrator Khalid's version says: You (may give it) to the travellers, for it is better. Khalid said: I asked AbuQilabah: How many pasturing animals? He replied: One hundred.

A man of Banu Adi was killed. The Prophet (saws) fixed his blood-wit at the rate of twelve thousand (dirhams).

Abu Dawud said: Ibn 'Uyainah transmitted it from 'Amr, from 'Ikrimah, from the Prophet (saws), and he did not mention Ibn 'Abbas.

The Prophet said, "There is no Diya for a person injured or killed by an animal (going about without somebody to control it) and similarly, there is no Diya for the one who falls and dies in a well, and also the one who dies in a mine. As regards the Ar-Rikaz (buried wealth), one-fifth thereof is for the state."

Allah's Apostle said to me, "Were your people not close to the Pre-Islamic period of ignorance, I would have demolished the Ka`ba and would have rebuilt it on its original foundations laid by Abraham (for Quraish had curtailed its building), and I would have built a back door (too)."

A girl wearing ornaments, went out at Medina. Somebody struck her with a stone. She was brought to the Prophet while she was still alive. Allah's Apostle asked her, "Did such-and-such a person strike you?" She raised her head, denying that. He asked her a second time, saying, "Did so-and-so strike you?" She raised her head, denying that. He said for the third time, "Did so-and-so strike you?" She lowered her head, agreeing. Allah's Apostle then sent for the killer and killed him between two stones.

"When it was the day of (the battle of) Uhud, the pagans were defeated. Then Satan shouted, "O Allah's worshipers! Beware of what is behind you!" So the front files attacked the back files of the army. Hudhaifa looked, and behold, there was his father, Al-Yaman (being attacked) ! He shouted (to his companions), "O Allah's worshipers, my father, my father!" But by Allah, they did not stop till they killed him (i.e., Hudhaifa's father). Hudhaifa said, "May Allah forgive you." (`Urwa said, Hudhaifa continued asking Allah's Forgiveness for the killer of his father till he died.

On the day of the battle of Uhud the pagans were defeated completely. Then Satan shouted loudly, "O Allah's slaves! Beware the ones behind you!" So the front files attacked the back ones. Then Hudhaifa looked and saw his father, and said loudly, "O Allah's slaves! My father! My father!" By Allah, they did not stop till they killed him (i.e. Hudaifa's father). Hudhaifa said, "May Allah forgive you!" The sub-narrator said, "By Allah, because of what Hudhaifa said, he remained in a good state till he met Allah (i.e. died).

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah's Apostle, and asked him to allow them to treat her eyes with kohl, but he said, "She should not apply kohl to her eyes. (In the Pre-Islamic period of Ignorance) a widowed woman among you would stay in the worst of her clothes (or the worst part of her house) and when a year had elapsed, if a dog passed by her, she would throw a globe of dung, Nay, (she cannot use kohl) till four months and ten days have elapsed."

Allah's Apostle said to us while we were in a gathering, "Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)

Allah's Apostle said, "Moses the Apostle of Allah," and then he narrated the whole story about him. Al-Khadir said to Moses, "Did not I tell you that you can have no patience with me." (18.72). Moses then violated the agreement for the first time because of forgetfulness, then Moses promised that if he asked Al-Khadir about anything, the latter would have the right to desert him. Moses abided by that condition and on the third occasion he intentionally asked Al-Khadir and caused that condition to be applied. The three occasions referred to above are referred to by the following Verses: "Call me not to account for forgetting And be not hard upon me." (18.73) "Then they met a boy and Khadir killed him." (18.74) "Then they proceeded and found a wall which was on the verge of falling and Khadir set it up straight." (18.77)

The Prophet said, "My example and the example of what I have been sent with is that of a man who came to some people and said, 'O people! I have seen the enemy's army with my own eyes, and I am the naked warner; so protect yourselves!' Then a group of his people obeyed him and fled at night proceeding stealthily till they were safe, while another group of them disbelieved him and stayed at their places till morning when the army came upon them, and killed and ruined them completely So this is the example of that person who obeys me and follows what I have brought (the Qur'an and the Sunna), and the example of the one who disobeys me and disbelieves the truth I have brought."

that Ibn `Abbas told him and `Ali bin `Abdullah to go to Abu Sa`id and listen to some of his narrations; So they both went (and saw) Abu Sa`id and his brother irrigating a garden belonging to them. When he saw them, he came up to them and sat down with his legs drawn up and wrapped in his garment and said, "(During the construction of the mosque of the Prophet) we carried the adobe of the mosque, one brick at a time while `Ammar used to carry two at a time. The Prophet passed by `Ammar and removed the dust off his head and said, "May Allah be merciful to `Ammar. He will be killed by a rebellious aggressive group. `Ammar will invite them to (obey) Allah and they will invite him to the (Hell) fire."

explaining the verse "But the evil ones ever inspire their friend to contend with you" They used to say: Do not eat which Allah killed, but eat which you slaughtered. So Allah revealed the verse: "Eat not of (meats) on which Allah's name hath not been pronounced"...to the end of the verse.

He said: There are narrations on this topic from Abu Bakrah, Ayman bin Khuraim, and Ibn 'Umar

Abu 'Eisa said: The Hadith of Anas is a Hasan Sahih Gharib Hadith.

That the Messenger of Allah (saws) said: "Kill the elder men among the idolaters and spare the Sharkh amont them."

And the Sharkh are the boys who did not begin to grow pubic hair.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

Hajjaj bin Artah narrated similarly from Qatadah.

Quraish used to fast on the day of 'Ashura' in the Pre-Islamic period, and Allah's Apostle too, used to fast on that day. When he came to Medina, he fasted on that day and ordered others to fast, too. Later when the fasting of the month of Ramadan was prescribed, he gave up fasting on the day of 'Ashura' and it became optional for one to fast on it or not.