Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abu Hurayra and Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a slave-girl who committed fornication and was not muhsana. He said, "If she commits fornication, then flog her. If she commits fornication again, then flog her, and if she commits fornication again, then sell her, if only for a rope."

Ibn Shihab added, "I don't know whether it was three or four times."

Malik related to me from Abu Ubayd, the mawla of Sulayman ibn Abd al-Malik from Khalid ibn Madan who attributed it to the Prophet, may Allah bless him and grant him peace, "Allah, the Blessed and Exalted is kind and loves kindness. He is pleased with it and helps you with it as long as it is not misplaced. When you ride dumb beasts, stop them in their stopping places, and quicken their pace when the land is barren. Travel by night, because the land is travelled faster at night than it is during the day. Beware of pitching tents on the road, for it is the path of animals and the abode of snakes."

"The Prophet said, 'The best alms is that which is given when one is rich, and a giving hand is better than a taking one, and you should start first to support your dependents.' A wife says, 'You should either provide me with food or divorce me.' A slave says, 'Give me food and enjoy my service." A son says, "Give me food; to whom do you leave me?" The people said, "O Abu Huraira! Did you hear that from Allah's Apostle ?" He said, "No, it is from my own self."

(the freed slave of Al-Mughira bin Shu`ba) Muawiya wrote to Mughira. 'Write to me what you heard the Prophet saying after his prayer.' So Al-Mughira dictated to me and said, "I heard the Prophet saying after the prayer, 'None has the right to be worshipped but Allah Alone Who has no partner. O Allah! No-one can withhold what You give, and none can give what You withhold, and the fortune of a man of means is useless before You (i.e., only good deeds are of value).

Allah's Apostles said, "When a slave (of Allah) commits illegal sexual intercourse, he is not a believer at the time of committing it; and if he steals, he is not a believer at the time of stealing; and if he drinks an alcoholic drink, when he is not a believer at the time of drinking it; and he is not a believer when he commits a murder," 'Ikrima said: I asked Ibn Abbas, "How is faith taken away from him?" He said, Like this," by clasping his hands and then separating them, and added, "But if he repents, faith returns to him like this, by clasping his hands again.

Allah's Apostle said, "It is essential to have the consent of a virgin (for the marriage). I said, "A virgin feels shy." The Prophet; said, "Her silence means her consent." Some people said, "If a man falls in love with an orphan slave girl or a virgin and she refuses (him) and then he makes a trick by bringing two false witnesses to testify that he has married her, and then she attains the age of puberty and agrees to marry him and the judge accepts the false witness and the husband knows that the witnesses were false ones, he may consummate his marriage."

Allah's Apostle addressed the people, and after praising and glorifying Allah, he said, "What do you suggest me regarding those people who are abusing my wife? I have never known anything bad about her." The sub-narrator, `Urwa, said: When `Aisha was told of the slander, she said, "O Allah's Apostle! Will you allow me to go to my parents' home?" He allowed her and sent a slave along with her. An Ansari man said, "Subhanaka! It is not right for us to speak about this. Subhanaka! This is a great lie!"

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that Abdullah ibn Umar told him that he used to see Abdullah ibn Umar cross his legs in the sitting position of the prayer.He said, "So I did the same, and I was young at the time. Abdullah ibn Umar forbade me and said, 'The sunna of the prayer is that you keep your right foot vertical and lay your left foot down.' I said to him, 'But you do the same (as I did).' He said, 'My feet do not support me.' "

Yahya related to me from Malik from Abu'nNadr, the mawla of Umar ibn 'Ubaydullah, from Abu Salama ibn Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "I was sleeping in front of the Messenger of Allah, may Allah bless him and grant him peace, and my feet were in his qibla. When he prostrated, he nudged me and I pulled up my feet,and when he stood up I spread them out." She added, "There were no lamps in the house at that time."

Yahya related to me from Malik from Ibn Shihab from a man of the family of Khalid ibn Asid that he said to Abdullah ibn Umar, "Abu Abd ar-Rahman, we find the fear prayer and the prayer when settled mentioned in the Qur'an, but we do not find any mention of the travelling prayer in it." Ibn Umar said, "Son of my brother! Allah the Mighty and Majestic sent us Muhammad, may Allah bless him and grant him peace, and we know nothing. We only do as we saw him doing."

Yahya related to me from Abu'z-Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A group of angels in the night and a group of angels in the day alternate with each other among you, and gather together at the time of the asr and fajr prayers. Then those that have spent the night among you ascend, and He asks them, and He knows best, 'How did you leave my slaves?' and they say, 'When we left them they were praying, and when we came to them they were praying.' "

Yahya related to me from Malik from Yahya ibn Said from Amra bint Abd ar-Rahman that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "If the Messenger of Allah, may Allah bless him and grant him peace, had seen what women do now, he would have forbidden them to go into the mosques, just as the women of the Bani Israil were forbidden."

Yahya ibn Said said that he asked Amra, "Were the women of the Bani Israil forbidden to go into the mosques?" and she said, "Yes."

Yahya related to me from Malik from Abd ar-Rahman ibn Abdullah ibn Sasaca from his father that Abu Said al-Khudri heard a man reciting Surat al-Ikhlas (Sura 112), repeating it over and over again. In the morning he went to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned it to him, as if he thought little of it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Bythe One in whose hand my self is, it is equal to one third of the Qur'an."

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

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father used to say, "If someone has to make up for days not fasted in Ramadan and does not do them before the next Ramadan comes although he is strong enough to do so, he should feed a poor man with a mudd of wheat for every day that he has missed, and he has to fast the days he owes as well."

Yahya related to me from Malik that he had heard the same thing from Said ibn Jubayr.

Yahya related to me from Malik from Uthman ibn Hafs ibn Umar ibn Khalda that Ibn Shihab had heard that Abu Lubaba ibn Abd al-Mundhir, when Allah turned to him said, "Messenger of Allah, should I leave my people's house in which I committed wrong action and keep your company, and give away all my property as sadaqa for Allah and His Messenger? "The Messenger of Allah, may Allah bless him and grant him peace, said, "Giving away a third of it is enough for you."

Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim that his father said about the word of Allah, the Blessed, the Exalted, "There is no fault in you about the proposal you offer to women, or hide in yourselves. Allah knows that you will be mindful of them; but do not make troth with them secretly without honourable words," (Sura 2 ayat 235) that it referred to a man saying to a woman while she was still in her idda after the death of her husband, "You are dear to me, and I desire you, and Allah brings provision and blessing to you," and words such as these.

The Prophet (p.b.u.h) said, "Whoever intentionally swears falsely by a religion other than Islam, then he is what he has said, (e.g. if he says, 'If such thing is not true then I am a Jew,' he is really a Jew). And whoever commits suicide with piece of iron will be punished with the same piece of iron in the Hell Fire." Narrated Jundab the Prophet said, "A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him."

From Iyas bin 'Abd al-Muzani who said: "The Prophet (saws) prohibited selling water."

[He said:] There are narrations on this topic from Jabir, Buhaisah from her father, Abu Hurairah, 'Aishah, Anas and 'Abdullah bin 'Amr.

[Abu 'Eisa said:] The Hadith is Iyas is a Hasan Sahih Hadith. This is acted upon according to most of the people of knowledge, they dislike selling water. This is the view of Ibn Al-Mubarak, Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge permitted selling water, Al-Hasan al-Basri is one of them.

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

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

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

Kurayb the freed slave of Ibn Abbas reported: Abdullah ibn Abbas saw Abdullah ibn al-Harith praying having the back knot of the hair. He stood behind him and began to untie it. He remained standing unmoved (stationary). When he finished his prayer he came to Ibn Abbas and said to him: What were you doing with my head? He said: I heard the Messenger of Allah (saws) say: A man who prays with the black knot of hair tied is the one praying pinioned.

That the Prophet (saws) said: "Going out in the morning in the cause of Allah, or in the afternoon, is better than the world and what is in it."

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

The Abu Hazim who reported from Ashl bin Sa'd is Abu Hazim Az-Zahid. He is from Al-Madinah, and his name is Salamah bin Dinar. While [this] Abu Hazim who reported from Abu Hurairah is Abu Hazim Al-Ashja'i Al-Kufi, whose name is Salman, and he is the freed slave of 'Azzah Al-Ashja'iyyah.

"I saw Ibn Rafi' [and he is 'Ubaidullah bin Abi Rafi', the freed slave of the Messenger of Allah (saws) - and Aslam was the name of Ibn Abi Rafi] wearing a ring on his right, so I asked him about that. He said, 'I saw 'Abdullah bin Ja'far wearing a ring on his right hand, and he ['Abdullah bin Ja'far] said: "The Messenger of Allah (saws) wore a ring on his right hand."

He said: Muhammad [bin Isma'il] said: "This is the most correct thing related from the Prophet (saws) on this topic."

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 . "

That he had married Um Yahya bint Abu Ihab. He said. "A black slave-lady came and said, 'I suckled you both.' I then mentioned that to the Prophet who turned his face aside." `Uqba further said, "I went to the other side and told the Prophet about it. He said, 'How can you (keep her as your wife) when the lady has said that she suckled both of you (i.e. you and your wife?)" So, the Prophet ordered him to divorce her.

(the wife of the Prophet) Abu Hudhaifa, one of those who fought the battle of Badr, with Allah's Apostle adopted Salim as his son and married his niece Hind bint Al-Wahd bin `Utba to him' and Salim was a freed slave of an Ansari woman. Allah's Apostle also adopted Zaid as his son. In the Prelslamic period of ignorance the custom was that, if one adopted a son, the people would call him by the name of the adopted-father whom he would inherit as well, till Allah revealed: "Call them (adopted sons) By (the names of) their fathers." (33.5)

Abu Dawud said: By sitting is meant sitting on the pulpit.

Yahya related to me from Malik from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab said, "The woman who loses her husband and does not know where he is, waits for four years, then she does idda for four months, and then she is free to marry."

Malik said, "If she marries after her idda is over, regardless of whether the new husband has consummated the marriage or not, her first husband has no means of access to her."

Malik said, "That is what is done among us and if her husband reaches her before she has remarried, he is more entitled to her."

Malik said that he had seen people disapproving of someone who said that one of the people (of knowledge) attributed to Umar ibn al-Khattab that he said, "Her first husband chooses when he comes either her bride-price or his wife."

Malik said, "I have heard that Umar ibn al-Khattab, speaking about a woman whose husband divorced her while he was absent from her, and then he took her back and the news of his taking her back had not reached her, while the news of his divorcing her had, and so she had married again, said, 'Her first husband who divorced her has no means of access to her whether or not the new husband has consummated the marriage.' "

Malik said, "This is what I like the best of what I heard about the missing man."

The Messenger of Allah (saws) said to me: O AbuDharr. I replied: At thy service and at thy pleasure, Messenger of Allah. He then mentioned the tradition in which he said: What will you do when there the death of the people (in Medina) and a house will reach the value of a slave (that is, a grave will be sold for a slave).

I replied: Allah and His Apostle know best. Or he said: What Allah and His Apostle choose for me.

He said: You must show endurance. Or he said; you may endure. He then said to me: What will you do, AbuDharr, when you see the Ahjar az-Zayt covered with blood?

I replied: What Allah and His Apostle choose for me.

He said: You must go to those who are like-minded.

I asked: Should I not take my sword and put it on my shoulder? He replied: you would then associate yourself with the people. I then asked: What do you order me to do? You must stay at home. I asked: (What should I do) if people enter my house and find me?

He replied: If you are afraid the gleam of the sword may dazzle you, put the end of your garment over your face in order that (the one who kills you) may bear the punishment of your sins and his.

Abu Dawud said: No one mentioned al-Mush'ath in the chain of this tradition except Hammad b. Zaid.

I saw the Messenger of Allah (saws) on the morning of the conquest of Mecca when I was a young boy. He was walking among the people, seeking the camp of Khalid ibn al-Walid. A man who had drunk wine was brought (before him) and he ordered them (to beat him). So they beat him with what they had in their hands. Some struck him with whips, some with sticks and some with sandals. The Messenger of Allah (saws) threw some dust on his face.

When a man who had drunk wine was brought before AbuBakr, he asked them (i.e. the people) about the number of beatings which they gave him. They numbered it forty. So AbuBakr gave him forty lashes.

When Umar came to power, Khalid ibn al-Walid wrote to him: The people have become addicted to drinking wine and they look down upon the prescribed punishment and its penalty.

He said: They are with you, ask them. The immigrants who embraced Islam in the beginning were with him. He asked them and they agreed on the fact that (a drunkard) should be given eighty lashes.

Ali said: When a man drinks wine, he tells lies. I, therefore, think that he should be prescribed punishment that is prescribed for telling lies..

Abu Dawud said: 'Uqail b. Khalid included in the chain of this tradition: "Abd Allah b. Abd al-Rahman b. al-Azhar from his father" between al-Zuhri and Ibn al-Azhar.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say the tashahhud saying, "In the name of Allah. Greetings belong to Allah. Prayers belong to Allah. Pure actions belong to Allah. Peace be on the Prophet and the mercy of Allah and His blessings. Peace be on us and on the slaves of Allah who are salihun. I testify that there is no god except Allah. I testify that Muhammad is the Messenger of Allah."

"Bismillah, at-tahiyatu lillah, as-salawatu lillah, az-zakiyatu lillah. As-salamu ala'n-nabiyyi wa rahmatullahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi's-salihin. Shahidtu an la ilaha illallah. Shahidtu anna Muhammadu'r-rasulu'llah."

He used to say this after the first two rakas and he would make supplication with whatever seemed fit to him when the tashahhud was completed. When he sat at the end of the prayer, he did the tashahhud in a similar manner, except that after the tashahhud he made supplication with whatever seemed fit to him. When he had completed the tashahhud and intended to say the taslim, he said, "Peace be on the Prophet and His mercy and blessings. Peace be upon us and on the slaves of Allah who are salihun."

"As- salamu ala'n-nabiyyi wa rahmatu'llahi wa barakatuhu. As-salamu alayna wa ala ibadi'llahi'ssalihin ."

He then said, "Peace be upon you" to his right, and would return the greeting to the imam, and if anyone said "Peace be upon you" from his left he would return the greeting to him.

Yahya related to me from Malik from Ibn Shihab that Salim ibn Abdullah said, ''Abd al-Malik ibn Marwan wrote to al-Hajjaj ibn Yusuf telling him not to disagree with Abdullah ibn Umar about anything to do with the hajj. Then, when the day of Arafa came Abdullah ibn Umar went to him just after noon, and I went with him. He called out to him outside his tent, 'Where is this man?' and a-lHajjaj came out to him, wearing a blanket dyed with safflower, and said to him, 'What's up with you, Abu Abd ar-Rahman?' He said, 'Hurry up, if you want to follow the sunna.' Al-Hajjaj said, 'At this hour?' and he said, 'Yes.' Al-Hajjaj said, 'Wait until I have poured some water over myself, and then I will come out.' So Abdullah dismounted and waited until al- Hajjaj came out. He passed between me and my father and I said to him, 'If you want to accord with the sunna today, then make the khutba short, do not delay the prayer and do the prayer quickly.' Then he began looking at Abdullah ibn Umar to see if he would say the same thing, and when Abdullah saw that, he said, 'What Salim is saying is true.' "

20.64 Doing the Prayer at Mina on the Eighth Day of Dhu-l-Hijja, and the Jumua at Mina and Arafa

Abu Dawud said: Malik, al-Zubaidi and others have narrated so that they form the last words from al-Zuhri on the authority of ‘Ali b, Husain. And this is supported by the version reported by ‘Abd al-A’la from Ma’mar and SHu’aib b. Abi Hamzah on the authority of Al-Zuhri.

I was present at Khaybar along with my masters who spoke about me to the Messenger of Allah (saws). He ordered about me, and a sword was girded on me and I was trailing it. He was then informed that I was a slave. He, therefore, ordered that I should be given some inferior goods.

Abu Dawud said: This means that he (the Prophet) did not allot a portion of the spoils.

Abu Dawud said: Abu 'Ubaid said: As he (the narrator Abi al-Lahm) made eating meat unlawful on himself, he was called Abi al-Lahm (one who hates meat).

The Prophet (saws) said: When a mukatab (a slave who has made an agreement to purchase his freedom) gifts blood-money or an inheritance, he can inherit in accordance with the extent to which he has been emancipated.

Abu Dawud said: Wuhaib transmitted it from Ayyub, from 'Ikrimah, on the authority of 'Ali, from the Prophet (saws): and Hammad b. Zaid and Isma'il have transmitted it in a mursal form (i.e the link of the Companion being missing) from Ayyub, from 'Ikrimah, from the Prophet (saws). Isma'il b. 'Ulayyah has treated it as a statement of 'Ikrimah.

Abu Dawud said: It has been transmitted by Yunus and Shu’aib, but they did not mention ‘Amr b. Aban.

Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life pension and what people said about it. Al- Qasim ibn Muhammad said, "I have only come upon people who keep to the conditions they make about their property and what they are given."

Yahya said that he heard Malik say, "What is done in our community is that the life pension reverts to the one who makes it a life pension unless he says, 'It belongs to you and your posterity.' "

Yahya related to me from Malik from al Ala ibn Abd ar-Rahman that his father said, "I asked Abu Said al-Khudri about the lower garment. He said that he would inform me with knowledge and that he had heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'The lower garment of the mumin should reach to the middle of his calves. There is no harm in what is between that and the ankles. What is lower than that is in the Fire. What is lower than that is in the Fire. On the Day of Rising, Allah will not look at a person who trails his lower garment in arrogance.' "