[Al-Bukhari and Muslim].

Yahya related to me from Malik from a man of Kufa that Umar ibn al-Khattab wrote to a lieutenant of an army which he had sent out, "I have heard that it is the habit of some of your men to chase an unbeliever till he takes refuge in a high place. Then one man tells him in Persian not to be afraid, and when he comes up to him, he kills him. By He in whose hand my self is, if I knew someone who had done that, I would strike off his head."

Yahya said, I heard Malik say, "This tradition is not unanimously agreed upon, so one does not act on it."

Malik when asked whether safe conduct promised by gesture had the same status as that promised by speech, said, "Yes. I think that one can request an army not to kill someone by gesturing for safe conduct, because as far as I am concerned, gesture has the same status as speech. I have heard that Abdullah ibn Abbas said, 'There is no people who betray a pledge, but that Allah gives their enemies power over them.' "

Ibn `Abbas performed ablution and washed his face (in the following way): He ladled out a handful of water, rinsed his mouth and washed his nose with it by putting in water and then blowing it out. He then, took another handful (of water) and did like this (gesturing) joining both hands, and washed his face, took another handful of water and washed his right forearm. He again took another handful of water and washed his left forearm, and passed wet hands over his head and took another handful of water and poured it over his right foot (up to his ankles) and washed it thoroughly and similarly took another handful of water and washed thoroughly his left foot (up to the ankles) and said, "I saw Allah's Apostle performing ablution in this way."

Once Allah's Apostle went out to the Musalla (to offer the prayer) of `Id-al-Adha or Al-Fitr prayer. Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle ?" He replied, "You curse frequently and are ungrateful to your husbands. I have not seen anyone more deficient in intelligence and religion than you. A cautious sensible man could be led astray by some of you." The women asked, "O Allah's Apostle! What is deficient in our intelligence and religion?" He said, "Is not the evidence of two women equal to the witness of one man?" They replied in the affirmative. He said, "This is the deficiency in her intelligence. Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."

I heard Sahl bin Sa`d saying, "A woman brought a Burda (i.e. a square piece of cloth having edging). I asked, 'Do you know what a Burda is?' They replied in the affirmative and said, "It is a cloth sheet with woven margins." Sahl went on, "She addressed the Prophet and said, 'I have woven it with my hands for you to wear.' The Prophet took it as he was in need of it, and came to us wearing it as a waist sheet. One of us said, 'O Allah's Apostle! Give it to me to wear.' The Prophet agreed to give it to him. The Prophet sat with the people for a while and then returned (home), wrapped that waist sheet and sent it to him. The people said to that man, 'You haven't done well by asking him for it when you know that he never turns down anybody's request.' The man replied, 'By Allah, I have not asked him for it except to use it as my shroud when I die." Sahl added; "Later it (i.e. that sheet) was his shroud."

Once during the lifetime of Allah's Apostle, the people of Medina suffered from drought. So while the Prophet was delivering a sermon on a Friday a man got up saying, "O Allah's Apostle! The horses and sheep have perished. Will you invoke Allah to bless us with rain?" The Prophet lifted both his hands and invoked. The sky at that time was as clear as glass. Suddenly a wind blew, raising clouds that gathered together, and it started raining heavily. We came out (of the Mosque) wading through the flowing water till we reached our homes. It went on raining till the next Friday, when the same man or some other man stood up and said, "O Allah's Apostle! The houses have collapsed; please invoke Allah to withhold the rain." On that the Prophet smiled and said, "O Allah, (let it rain) around us and not on us." I then looked at the clouds to see them separating forming a sort of a crown round Medina.

Yahya related to me from Malik that he heard Ibn Shihab say, "The precedent of the sunna when a man injures a woman is that he must pay the blood- money for that injury and there is no retaliation against him."

Malik said, "That is an accidental injury, when a man strikes a woman and hits with a blow what he did not intend, for instance, if he struck her with a whip and cut her eye open and the like of that."

Malik said about a woman who has a husband and children who are not from her paternal relatives or her people, that since he is from another tribe, there is no blood-money against her husband for her criminal action, nor any against her children if they are not from her people, nor any against her maternal brothers when they are not from her paternal relations or her people. These are entitled to her inheritance but only the paternal relations have paid blood-money from since the time of the Messenger of Allah, may Allah bless him and grant him peace. Until today it is like that with the mawla of a woman. The inheritance they leave goes to the children of the woman even if they are not from her tribe, but the blood-money of the criminal act of the mawla is only against her tribe."

Make it wide on the side of his feet, and make it wide on the side of his head. When he came back, he was received by a man who conveyed an invitation from a woman. So he came (to her), to it food was brought, and he put his hand (i.e. took a morsel in his hand); the people did the same and they ate. Our fathers noticed that the Messenger of Allah (saws) was moving a morsel around his mouth.

He then said: I find the flesh of a sheep which has been taken without its owner's permission.

The woman sent a message to say: Messenger of Allah, I sent (someone) to an-Naqi' to have a sheep bought for me, but there was none; so I sent (a message) to my neighbour who had bought a sheep, asking him to send it to me for the price (he had paid), but he could not be found. I, therefore, sent (a message) to his wife and she sent it to me.

The Messenger of Allah (saws) said: Give this food to the prisoners.

"A man from the Muslims and a man from the Jews quarrelled, and the Muslim said, "By Him Who gave superiority to Muhammad over all the people!" The Jew said, "By Him Who gave superiority to Moses over all the people!' On that the Muslim lifted his hand and slapped the Jew. The Jew went to Allah's Apostle and informed him of all that had happened between him and the Muslim. The Prophet said, "Do not give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection, I will be the first to regain consciousness and behold, Moses will be standing there, holding the side of the Throne. I will not know whether he has been one of those who have fallen unconscious and then regained consciousness before me, or if he has been one of those exempted by Allah (from falling unconscious)." (See Hadith No. 524, Vol. 8)

Yahya related to me from Malik from Ayyub ibn Abi Tamim that Ibn Sirin said, ''Umar ibn al-Khattab said, 'Allah has been generous to you, so be generous to yourselves. Let a man wear a combination of his garments.' "

The Prophet offered as sacrifices, two horned rams, black and white in color. He slaughtered them with his own hands and mentioned Allah's Name over them and said Takbir and put his foot on their sides.

The Prophet said, "A man's spending on his family is a deed of charity."

A bedouin came to the Prophet and said, "O Allah's Apostle! Who is the best of mankind!" The Prophet said, "A man who strives for Allah's Cause with his life and property, and also a man who lives (all alone) in a mountain path among the mountain paths to worship his Lord and save the people from his evil."

When the Prophet, became ill in his fatal illness, Someone came to inform him about the prayer, and the Prophet told him to tell Abu Bakr to lead the people in the prayer. I said, "Abu Bakr is a softhearted man and if he stands for the prayer in your place, he would weep and would not be able to recite the Qur'an." The Prophet said, "Tell Abu Bakr to lead the prayer." I said the same as before. He (repeated the same order and) on the third or the fourth time he said, "You are the companions of Joseph. Tell Abu Bakr to lead the prayer." So Abu Bakr led the prayer and meanwhile the Prophet felt better and came out with the help of two men; as if I see him just now dragging his feet on the ground. When Abu Bakr saw him, he tried to retreat but the Prophet beckoned him to carry on. Abu Bakr retreated a bit and the Prophet sat on his (left) side. Abu Bakr was repeating the Takbir (Allahu Akbar) of Allah's Apostle for the people to hear.

Yahya related to me from Malik from Yahya ibn Said that he heard Said ibn al-Musayyab asking a group of people, "What do you think about someone who has intercourse with his wife while he is in ihram?" and none of them answered him. Said said, "There is a man who has had intercourse with his wife while in ihram who has sent a message to Madina asking about it." Some of them said, "They should be kept apart until a future year," and Said ibn al-Musayyab said, "They should carry on and complete the hajj which they have spoiled, and then return home when they have finished. If another hajj comes upon them, they must do hajj and sacrifice an animal. They should go into ihram at the same place where they went into ihram for the hajj that they spoiled, and they should keep apart until they have finished their hajj."

Malik said, "They should both sacrifice an animal."

Malik said, about a man who had intercourse with his wife during hajj after he had come down from Arafa but before he had stoned the Jamra, "He must sacrifice an animal and do hajj again in another year. If, however, he had intercourse with his wife after he stoned the Jamra, he only has to do an umra and sacrifice an animal and he does not have to do another hajj."

Malik said, "What spoils a hajj or an umra and makes sacrificing an animal and repeating the hajj necessary is the meeting of the two circumcised parts, even if there is no emission. It is also made necessary by an emission if it is the result of bodily contact. I do not think that a man who remembers something and has an emission owes anything, and if a man were to kiss his wife and no emission were to occur from that, he would only have to sacrifice an animal. A woman in ihram who has intercourse with her husband several times during hajj or umra out of obedience to him only has to do another hajj and sacrifice an animal. That is if her husband has intercourse with her while she is doing hajj. If he has intercourse with her while she is doing umra, she must repeat the umra she has spoiled and sacrifice an animal."

Yahya related to me from Malik from Ibn Shihab from Abbad ibn Tamim from his paternal uncle that he saw the Messenger of Allah, may Allah bless him and grant him peace, lying down in the mosque with one foot on top of the other.

Yahya related to me from Malik that he had heard that Marwan ibn al-Hakam decided about a man who had made a vow to abstain from intercourse with his wife, that when four months had passed, it was a divorce and he could return to her as long as she was in her idda.

Malik added, "That was also the opinion of Ibn Shihab."

Malik said that if a man made a vow to abstain from intercourse with his wife and at the end of four months he declared his intent to continue to abstain, he was divorced. He could go back to his wife, but if he did not have intercourse with her before the end of her idda, he had no access to her and he could not go back to her unless he had an excuse - illness, imprisonment, or a similar excuse. His return to her maintained her as his wife. If her idda passed and then he married her after that and did not have intercourse with her until four months had passed and he declared his intent to continue to abstain, divorce was applied to him by the first vow. If four months passed, and he had not returned to her, he had no idda against her nor access because he had married her and then divorced her before touching her.

Malik said that a man who made a vow to abstain from intercourse with his wife and continued to abstain after four months and so divorced her, but then returned and did not touch her and four months were completed before her idda was completed, did not have to declare his intent and divorce did not befall him. If he had intercourse with her before the end of her idda, he was entitled to her. If her idda passed before he had intercourse with her, he had no access to her. This is what Malik preferred of what he had heard on the subject.

Malik said that if a man made a vow to abstain from intercourse with his wife and then divorced her, and the four months of the vow were completed before completion of the idda of the divorce, it counted as two pronouncements of divorce. If he declared his intention to continue to abstain and the idda of the divorce finished before the four months the vow of abstention was not a divorce. That was because the four months had passed and she was not his on that day.

Malik said, "If someone makes a vow not to have intercourse with his wife for a day or a month and then waits until more than four months have passed, it is not ila. Ila only applies to someone who vows more than four months. As for the one who vows not to have intercourse with his wife for four ...

Malik related to me from Humayd ibn Qays al-Makki that a son of al-Mutawakkil had a mukatab who died at Makka and left (enough to pay) the rest of his kitaba and he owed some debts to people. He also left a daughter. The governor of Makka was not certain about how to judge in the case, so he wrote to Abd al-Malik ibn Marwan to ask him about it. Abd al-Malik wrote to him, "Begin with the debts owed to people, and then pay what remains of his kitaba. Then divide what remains of the property between the daughter and the master."

Malik said, "What is done among us is that the master of a slave does not have to give his slave a kitaba if he asks for it. I have not heard of any of the Imams forcing a man to give a kitaba to his slave. I heard that one of the people of knowledge, when someone asked about that and mentioned that Allah the Blessed, the Exalted, said, 'Give them their kitaba, if you know some good in them' (Sura 24 ayat 33) recited these two ayats, 'When you are free of the state of ihram, then hunt for game.' (Sura 5 ayat 3) 'When the prayer is finished, scatter in the land and seek Allah's favour.' " (Sura 62 ayat 10)

Malik commented, "It is a way of doing things for which Allah, the Mighty, the Majestic, has given permission to people, and it is not obligatory for them." Malik said, "I heard one of the people of knowledge say about the word of Allah, the Blessed, the Exalted, 'Give them of the wealth which Allah has given you,' that it meant that a man give his slave a kitaba and then reduce the end of his kitaba for him by some specific amount."

Malik said, "This is what I have heard from the people of knowledge and what I see people doing here."

Malik said, "I have heard that Abdullah ibn Umar gave one of his slaves his kitaba for 35,000 dirhams, and then reduced the end of his kitaba by 5,000 dirhams."

Malik said, "What is done among us is that when a master gives a mukatab his kitaba, the mukatab's property goes with him but his children do not go with him unless he stipulates that in his kitaba."

Yahya said, "I heard Malik say that if a mukatab whose master had given him a kitaba had a slave- girl who was pregnant by him, and neither he nor his master knew that on the day he was given his kitaba, the child did not follow him because he was not included in the kitaba. He belonged to the master. As for the slave-girl, she belonged to the mukatab because she was his property."

Malik ...

Once the people started asking Allah's Apostle questions, and they asked so many questions that he became angry and ascended the pulpit and said, "I will answer whatever questions you may ask me today." I looked right and left and saw everyone covering his face with his garment and weeping. Behold ! There was a man who, on quarreling with the people, used to be called as a son of a person other than h is father. He said, "O Allah's Apostle! Who is my father?" The Prophet replied, "Your father is Hudhaifa." And then `Umar got up and said, "We accept Allah as our Lord, and Islam as (our) religion, and Muhammad as (our) Apostle; and we seek refuge with Allah from the afflictions." Allah's Apostle said, " I have never seen a day like today in its good and its evil for Paradise and the Hell Fire were displayed in front of me, till I saw them just beyond this wall." Qatada, when relating this Hadith, used to mention the following Verse:-- 'O you who believe! Ask not questions about things which, If made plain to you, May cause you trouble. (5.101)

When the news of the martyrdom of Zaid bin Haritha, Ja`far and `Abdullah bin Rawaha came, the Prophet sat down looking sad, and I was looking through the chink of the door. A man came and said, "O Allah's Apostle! The women of Ja`far," and then he mentioned their crying . The Prophet (p.b.u.h) ordered him to stop them from crying. The man went and came back and said, "I tried to stop them but they disobeyed." The Prophet (p.b.u.h) ordered him for the second time to forbid them. He went again and came back and said, "They did not listen to me, (or "us": the sub-narrator Muhammad bin Haushab is in doubt as to which is right). " (`Aisha added: The Prophet said, "Put dust in their mouths." I said (to that man), "May Allah stick your nose in the dust (i.e. humiliate you)." By Allah, you could not (stop the women from crying) to fulfill the order, besides you did not relieve Allah's Apostle from fatigue."

The people of Medina had a drought during the time of the Prophet (saws).

While he was preaching on a Friday, a man stood up and said: Messenger of Allah, the horses have perished, the goats have perished, pray to Allah to give us water. He spread his hands and prayed.

Anas said: The sky was like a mirror (there was no cloud). Then the wind rose; a cloud appeared (in the sky) and it spread : the sky poured down the water. We came out (from the mosque after the prayer) passing through the water till we reached our homes. The rain continued till the following Friday. The same or some other person stood up and said: Messenger of Allah, the houses have been demolished, pray to Allah to stop it.

The Messenger of Allah (saws) smiled and said: (O Allah), the rain may fall around us but not upon us. Then I looked at the cloud which dispersed around Medina just like a crown.

The Prophet made an Ansari man and his wife carry out Lian, and then separated them by divorce.

And it's meaning is to put (one's) hands on his waist.

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

Anas reported that Allah's Messenger (may peace be upon him) sacrificed with his own hands two horned rams which were white with black markings reciting the name of Allah and glorifying Him (saying Allah-o-Akbar). He placed his foot on their sides (while sacrificing).

That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."

[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."

Yahya related to me from Malik that he had asked Ibn Shihab about a man who had a slave-girl as a wife, and then he bought her, and divorced her once. He said, "She is halal for him by the possession of the right hand as long as he does not make his divorce irrevocable. If he irrevocably divorces her, she is not halal for him by the possession of the right hand until she has married another husband."

Malik said that if a man rnarried a female slave and then she had a child by him, and then he bought her, she was not an umm walad for him because of the child born to him while she belonged to another, until she had had a child by him while she was in his possession after he had purchased her.

Malik said, "If he buys her and she is pregnant by him and she then gives birth while she belongs to him, she is his umm walad by that pregnancy, according to what we think, and Allah knows best."

A man from Najd with unkempt hair came to Allah's Apostle and we heard his loud voice but could not understand what he was saying, till he came near and then we came to know that he was asking about Islam. Allah's Apostle said, "You have to offer prayers perfectly five times in a day and night (24 hours)." The man asked, "Is there any more (praying)?" Allah's Apostle replied, "No, but if you want to offer the Nawafil prayers (you can)." Allah's Apostle further said to him: "You have to observe fasts during the month of Ramadan." The man asked, "Is there any more fasting?" Allah's Apostle replied, "No, but if you want to observe the Nawafil fasts (you can.)" Then Allah's Apostle further said to him, "You have to pay the Zakat (obligatory charity)." The man asked, "Is there any thing other than the Zakat for me to pay?" Allah's Apostle replied, "No, unless you want to give alms of your own." And then that man retreated saying, "By Allah! I will neither do less nor more than this." Allah's Apostle said, "If what he said is true, then he will be successful (i.e. he will be granted Paradise)."

Yahya related to me from Malik from Yahya ibn Muhammad ibn Talhafrom Uthman ibn Abd ar-Rahman that his father related to him that he had heard that Umar ibn al-Khattab used to wash what was beneath his waist wrapper with water.

Yahya said that Malik was asked what a man should do if, when he did wudu, he forgot and washed his face before he had rinsed his mouth, or washed his forearms before he had washed his face. He said, "If someone washes his face before rinsing his mouth, he should rinse his mouth and not wash his face again. If someone washes his forearms before his face, however, he should wash his forearms again so that he has washed them after his face. This is if he is still near the place (of wudu)."

Yahya said that Malik was asked about what a man should do if he had forgotten to rinse his mouth and nose until he had prayed, and he said, "He does not have to repeat the prayer, but should rinse his mouth and nose if he wishes to do any more prayers after that."

Yahya related to me from Malik from Abd arRahman ibn Harmala that a man asked Said ibn al-Musayyab about what a man who was junub and had done tayammum should do when he came across water. Said said, "When he comes across water he must do ghusl for what comes after."

Malik said about some one who had a wet dream while he was on a journey and there was only enough water for wudu and he was not thirsty and so he did not need to use it for that, "Let him wash his genitals, and whatever the semen has fallen on, with the water and then he does tayammum with good earth as Allah has ordered him."

Malik was asked whether a man who was junub and wished to do tayammum but could only find salty earth could do tayammum with that earth, and whether it was disapproved of to pray on salty earth. He said, "There is no harm in praying on salty earth or in using it to do tayammum, because Allah the Blessed and Exalted has said, '...and do tayammum with good earth.' One is purified by tayammum with everything that is earth, whether it is salty or otherwise."

The Prophet (saws) said: Set the rows in order, stand shoulder to shoulder, close the gaps, be pliant in the hands of your brethren, and do not leave openings for the devil. If anyone joins up a row, Allah will join him up, but if anyone breaks a row, Allah will cut him off.

Abu Dawud said: The name of Abu Shjrah is Kathir b. Murrah.

While I was with Ibn `Abbas a man came and said, "O father of `Abbas! My sustenance is from my manual profession and I make these pictures." Ibn `Abbas said, "I will tell you only what I heard from Allah's Apostle . I heard him saying, 'Whoever makes a picture will be punished by Allah till he puts life in it, and he will never be able to put life in it.' " Hearing this, that man heaved a sigh and his face turned pale. Ibn `Abbas said to him, "What a pity! If you insist on making pictures I advise you to make pictures of trees and any other unanimated objects."