Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "Rashness in oaths is that a man says, 'By Allah, No! by Allah!' " i.e. out of habit.

Malik said, "The best of what I have heard on the matter is that rashness in oaths is that a man take an oath on something to show that he is certain that it is like he said, only to find that it is other than what he said. This is rashness."

Malik said, "The binding oath is for example, that a man says that he will not sell his garment for ten dinars, and then he sells it for that, or that he will beat his young slave and then does not beat him, and so on. One does kaffara for making such an oath, and there is no kaffara in rashness."

Malik said, "As for the one who swears to a thing which he knows is wicked, and he swears to a lie he knows to be a lie, in order to please someone with it or to excuse himself to someone by it or to gain money by it, no kaffara that he does for it can cover it."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab had heard in a letter from Iraq that a man said to his wife, "Your rein is on your withers (i.e. you have free rein)." Umar ibn al-Khattab wrote to his governor to order the man to come to him at Makka at the time of hajj. While Umar was doing tawaf around the House, a man met him and greeted him. Umar asked him who he was, and he replied that he was the man that he had ordered to be brought to him. Umar said to him, "I ask you by the Lord of this building, what did you mean by your statement, 'Your rein is on your withers.'?" The man replied, "Had you made me swear by other than this place, I would not have told you the truth. I intended separation by that." Umar ibn al- Khattab said, "It is what you intended."

Sahl bin Sa`d was asked about the (Prophet's) pulpit as to what thing it was made of? Sahl replied: "None remains alive amongst the people, who knows about it better than I. It was made of tamarisk (wood) of the forest. So and so, the slave of so and so prepared it for Allah's Apostle . When it was constructed and place (in the Mosque), Allah's Apostle stood on it facing the Qibla and said 'Allahu Akbar', and the people stood behind him (and led the people in prayer). He recited and bowed and the people bowed behind him. Then he raised his head and stepped back, got down and prostrated on the ground and then he again ascended the pulpit, recited, bowed, raised his head and stepped back, got down and prostrate on the ground. So, this is what I know about the pulpit." Ahmad bin Hanbal said, "As the Prophet was at a higher level than the people, there is no harm according to the above-mentioned Hadith if the Imam is at a higher level than his followers during the prayers."

Barirah came to seek my help regarding her manumission (freedom). I told herself you like I would pay your price to your masters but your Wala' (allegiance) would be for me." Her masters said, "If you like, you can pay what remains (of the price of her manumission), (Sufyan the sub-narrator once said), or if you like you can manumit her, but her (inheritance) Al-Wala would be for us. "When Allah's Apostle came, I spoke to him about it. He said, "Buy her and manumit her. No doubt Al-Wala' is for the manumitted." Then Allah's Apostle stood on the pulpit (or Allah's Apostle ascended the pulpit as Sufyan once said), and said, "What about some people who impose conditions which are not present in Allah's Book (Laws)? Whoever imposes conditions which are not in Allah's Book (Laws), his conditions will be invalid even if he imposed them a hundred times."

The Prophet said, "When a human being is laid in his grave and his companions return and he even hears their foot steps, two angels come to him and make him sit and ask him: What did you use to say about this man, Muhammad ? He will say: I testify that he is Allah's slave and His Apostle. Then it will be said to him, 'Look at your place in the Hell-Fire. Allah has given you a place in Paradise instead of it.' " The Prophet added, "The dead person will see both his places. But a non-believer or a hypocrite will say to the angels, 'I do not know, but I used to say what the people used to say! It will be said to him, 'Neither did you know nor did you take the guidance (by reciting the Qur'an).' Then he will be hit with an iron hammer between his two ears, and he will cry and that cry will be heard by whatever approaches him except human beings and jinns."

'Amr bin Shu'aib narrated to us, saying: My father narrated to me from his father' until he mentioned 'Abdullah bin 'Amr: "The Messenger of Allah (saws) said: 'It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.'"

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

[Abu 'Eisa said:] The Hadith of Hakim bin Hizam is a Hasan Hadith, it has been reported from him through other routes. Ayyub As-Sakhtiyani and Abu Bishr report from Yusuf bin Mahak, from Hakim bin Hizam.

[Abu 'Eisa said:] 'Awf and Hisham bin Hassan reported this Hadith from Ibn Sirin, from Hakim bin Hizam from the Prophet (saws). And this is a Mursal Hadith. Ibn Sirin only reported it from Ayyub As-Sikhtiyani from Yusuf bin Mahak, from Hakim bin Hizam like this.

That the Prophet (saws) said: "When the penalty (of blood money) goes to a Mukatab, or an inheritance, then he inherits in accordance with as much as he is freed from it." And the Prophet (saws) said: "The Mukatab is given the blood-money of a free person in accordance to what he has paid (for his freedom), and that of a slave in accordance to what remains."

[He said:] There is something on this from Umm Salamah.

[Abu 'Eisa said:] The Hadith of Ibn 'Abbas is a Hasan Hadith. This is how it was reported from Yahya bin Abi Kathir from 'Ikrimah, from Ibn 'Abbas, from the Prophet (saws).

Khalid bin Al-Hadh-dha' reported it from 'Ikrimah, from 'Ali as his saying.

This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others.

Most of the people of knowledge among the Companions of the Prophet (saws) and others said that the Mukatab remains a slave as long as he still owes a Dirham. This is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq.

The Messenger of Allah (saws) offered prayer. The version of the narrator Ibrahim goes: I do not know whether he increased or decreased (the rak'ahs of prayer).

When he gave the salutation, he was asked: Has something new happened in the prayer, Messenger of Allah? He said: What is it? They said: You prayed so many and so many (rak'ahs). He then relented his foot and faced the Qiblah and made two prostrations. He then gave the salutation. When he turned away (finished the prayer), he turned his face to us and said: Had anything new happened in prayer, I would have informed you. I am only a human being and I forget just as you do; so when I forget, remind me, and when any of you is in doubt about his prayer he should aim at what is correct, and complete his prayer in that respect, then give the salutation and afterwards made two prostrations.

The Prophet said, "The example of the person abiding by Allah's orders and limits (or the one who abides by the limits and regulations prescribed by Allah) in comparison to the one who do wrong and violate Allah's limits and orders is like the example of people drawing lots for seats in a boat. Some of them got seats in the upper part while the others in the lower part ; those in the, lower part have to pass by those in the upper one to get water, and that troubled the latter. One of them (i.e. the people in the lower part) took an ax and started making a hole in the bottom of the boat. The people of the upper part came and asked him, (saying), 'What is wrong with you?' He replied, "You have been troubled much by my (coming up to you), and I have to get water.' Now if they prevent him from doing that they will save him and themselves, but if they leave him (to do what he wants), they will destroy him and themselves."

When `Abdur-Rahman bin `Auf came to Medina and the Prophet established the bond of brotherhood between him and Sa`d bin Ar-Rabi-al-Ansari, Saud suggested that `Abdur-Rahman should accept half of his property and family. `Abdur Rahman said, "May Allah bless you in your family and property; guide me to the market." So `Abdur-Rahman (while doing business in the market) made some profit of some condensed dry yoghurt and butter. After a few days the Prophet saw him wearing clothes stained with yellow perfume. The Prophet asked, "What is this, O `Abdur-Rahman?" He said, "O Allah's Apostle! I have married an Ansar' woman." The Prophet asked, "What have you given her as Mahr?" He (i.e. `Abdur-Rahman) said, "A piece of gold, about the weight of a date stone." Then the Prophet said, Give a banquet, even though of a sheep."

Abu Dawud said : This tradition has also been narrated by Habib b. al-shahid, Humaid, Yunus, and Asim b. al-Ahwal, from Muhammad on the authority of abu Hurairah none of them mentioned what Hammad b. Zaid mentioned from from Hisham that he uttered the takbir; then uttered the takbir and prostrated himself. Hammad b. Sulaimah and Abu BAkr b. ‘Ayyash also narrated this tradition from Hisham, but they did not narrate from him what HAmmad b. zaid narrated that he uttered the takbir and again uttered the takbir.

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

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

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

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

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

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

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

Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."

Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."

Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."

"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."

"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."

It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."

Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees "

Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them. "

Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."

AbuLabid said: We were with AbdurRahman ibn Samurah ibn Kabul. The people got booty and plundered it. He stood and addressed (the people): I heard the Messenger of Allah (saws) prohibiting getting property from the booty before its distribution. Therefore, they returned what they had taken, He then distributed it among them.

A man came to the Prophet (saws) and said: Messenger of Allah, I have property and children, and my father finishes my property. He replied; You and your property belong to your father; your children come from the pleasantest of what you earn; so enjoy from the earning of your children.

The Prophet (saws) said: When a mouse falls into clarified butter, if it is sold, throw the mouse and what is around it away, but if it is in a liquid state, do not go near it.

Al-Hasan said: AbdurRazzaq said: This tradition has been transmitted by Ma'mar, from az-Zuhri, from Ubaydullah ibn Abdullah ibn Abbas, from Maymunah, from the Prophet (saws).

The Prophet (saws) said: The religion will continue to be established till there are twelve caliphs over you, and the whole community will agree on each of them. I then heard from the Prophet (saws) some remarks which I could not understand. I asked my father: What is he saying: He said: all of them will belong to Quraysh.

Abu Dawud said : The name of Abu KAthir al-Ubari is Yazid b. ‘Abd al-Rahman b. Ghufailat al-Sahmi. Some said: Uzainah. What is correct is Ghufailah.

Malik related to me from Ibn Shihab from Said ibn al-Musayyab that Abu Hurayra said, "Had I seen a gazelle at Madina, I would have left it to graze and would not have frightened it. The Messenger of Allah, may Allah bless him and grant him peace, said, 'What is between the two tracts of black stones is a Haram.' "

I asked the Prophet about the Statement of Allah:-- 'And the sun runs on fixed course for a term (decreed), ' (36.38) He said, "Its course is underneath "Allah's Throne." (Prostration of Sun trees, stars. mentioned in Qur'an and Hadith does not mean like our prostration but it means that these objects are obedient to their Creator (Allah) and they obey for what they have been created for).

'Allah's Apostle burnt and cut down the palm trees of Bani An-Nadir which were at Al-Buwair (a place near Medina). There upon Allah revealed: 'What you (O Muslims) cut down of the palm trees (of the enemy) or you left them standing on their stems, it was by the leave of Allah, so that He might cover with shame the rebellious.' (59.5)

`Umar said, Ubai was the best of us in the recitation (of the Qur'an) yet we leave some of what he recites.' Ubai says, 'PI have taken it from the mouth of Allah's Apostle and will not leave for anything whatever." But Allah said "None of Our Revelations do We abrogate or cause to be forgotten but We substitute something better or similar." 2.106

A man asked, "O Allah s Apostle What kind of clothes should a Muhrim wear?" The Prophet, said, "A Muhrim should not wear a shirt, trousers a hooded cloak, or Khuffs (socks made from thick fabric or leather) unless he cannot get sandals, in which case he should cut the part (of the Khuff) that covers the ankles."

The Prophet seeing a yellow mark (of perfume) on the clothes of `Abdur-Rahman bin `Auf, said, "What about you?" `Abdur-Rahman replied, "I have married a woman with a Mahr of gold equal to a date-stone." The Prophet said, "May Allah bestow His Blessing on you (in your marriage). Give a wedding banquet, (Walima) even with one sheep."

[Al-Bukhari and Muslim].

The Prophet said, "Amongst the trees, there is a tree, the leaves of which do not fall and is like a Muslim. Tell me the name of that tree." Everybody started thinking about the trees of the desert areas. And I thought of the date-palm tree. The others then asked, "Please inform us what is that tree, O Allah's Apostle?" He replied, "It is the date-palm tree."

Sahl bin Sa`d As-Sa`idi, was asked by the people, "With what was the wound of the Prophet treated? Sahl replied, "None remains among the people living who knows that better than I. `Ali [??] used to bring water in his shield and Fatima used to wash the blood off his face. Then straw mat was burnt and the wound was filled with it."

Allah's Apostle saw a person sitting aloof and not praying with the people. He asked him, "O so and so! What prevented you from offering the prayer with the people?" He replied, "O Allah's Apostle! I am Junub and there is no water." The Prophet said, "Perform Tayammum with clean earth and that will be sufficient for you."

The Prophet used to say frequently in his bowing and prostrations "Subhanaka l-lahumma Rabbana wa bihamdika, Allahumma ghfir li" (Exalted [from unbecoming attributes] Are you O Allah our Lord, and by Your praise [do I exalt you]. O Allah! Forgive me). In this way [??] he was acting on what was explained to him in the Holy Qur'an.

I went to `Uqba bin 'Amir Al-Juhani and said, "Is it not surprising that Abi Tamim offers two rak`at before the Maghrib prayer?" `Uqba said, "We used to do so in the lifetime of Allah's Apostle." I asked him, "What prevents you from offering it now?" He replied, "Business."

Once the Prophet offered the `Asr prayer and then hurriedly went to his house and returned immediately. I (or somebody else) asked him (as to what was the matter) and he said, "I left at home a piece of gold which was from the charity and I disliked to let it remain a night in my house, so I got it distributed . "

I asked Anas bin Malik while we were proceeding from Mina to `Arafat, "What do you use to do on this day when you were with Allah's Apostle ?" Anas said, "Some of us used to recite Talbiya and nobody objected to that, and others used to recite Takbir and nobody objected to that."

Allah's Apostle was asked what sort of clothes a Muhrim should wear. He replied, "He should not wear a shirt, turbans, trousers, a hooded cloak, or a dress perfumed with saffron or Wars; and if slippers are not available he can wear Khuffs (socks made from thick fabric or leather) but he should cut them so that they reach below the ankles.