Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

The Jews came to Allah's Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah (old Testament) about the legal punishment of Ar-Rajm (stoning)?" They replied, (But) we announce their crime and lash them." `Abdullah bin Salam said, "You are telling a lie; Torah contains the order of Rajm." They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. `Abdullah bin Salam said to him, "Lift your hand." When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. (`Abdullah bin `Umar said, "I saw the man leaning over the woman to shelter her from the stones."

That he heard Usama bin Zaid speaking to Sa`d, saying, "Allah's Apostle mentioned the plague and said, 'It is a means of punishment with which some nations were punished and some of it has remained, and it appears now and then. So whoever hears that there is an outbreak of plague in some land, he should not go to that land, and if the plague breaks out in the land where one is already present, one should not run away from that land, escaping from the plague."

`Umar said, "Our best Qur'an reciter is Ubai and our best judge is `Ali; and in spite of this, we leave some of the statements of Ubai because Ubai says, 'I do not leave anything that I have heard from Allah's Apostle while Allah: "Whatever verse (Revelations) do We abrogate or cause to be forgotten but We bring a better one or similar to it." (2.106)

The Prophet (saws) said: Shortening the salutation is sunnah (commendable).

The narrator 'Isa said: Ibn al-Mubarak prohibited me from reporting this tradition as a statement of the Prophet (saws).

Abu Dawud said: I heard Abu 'Umar 'Isa b. Yunus al-Fakhuri al-Ramil saying: When al-Firyabi returned from Mecca, he gave up narrating this tradition as a statement of the Prophet (saws). He said: Ahmad b. Hanbal forbade to report this tradition directly from the Prophet (saws).

Anas reported Allah's Apostle (may peace be upon him) was at az-Zaura' and a vessel containing water was brought to him in which his finger could not be completely dipped or completely covered; the rest of the hadith is the same.

"The Messenger of Allah (saws) was cupped. Abu Talhah did the cupping. So he ordered that he be given two Sa' of food, and he spoke to his masters to reduce his taxes. He said: 'The most virtuous of what you treat with is cupping.' Or, he said: 'The best of your treatments is cupping.'"

[He said:] There are narrations on this topic from 'Ali, Ibn 'Abbas, and Ibn 'Umar.

[Abu 'Eisa said:] The Hadith of Anas is a Hasan Sahih. Some of the people of knowledge among the Companions of the Prophet (saws), and others permitted paying the cupper. This is the view of Ash-Shafi'i.

Yahya related to me from Malik from Nafi', the mawla of Abdullah ibn Umar, that Umar ibn al-Khattab wrote to his governors saying, "The most important of your affairs in my view is the prayer. Whoever protects it and observes it carefully is protecting his deen, while whoever is negligent about it will be even more negligent about other things." Then he added, "Pray dhuhr any time from when the afternoon shade is the length of your forearm until the length of your shadow matches your height. Pray asr when the sun is still pure white, so that a rider can travel two or three farsakhs before the sun sets. Pray maghrib when the sun has set. Pray isha any time from when the redness in the western sky has disappeared until a third of the night has passed - and a person who sleeps, may he have no rest, a person who sleeps, may he have no rest. And pray subh when all the stars are visible and like a haze in the sky."

I heard `Umar saying, "The Prophet said, 'Whoever wears silk in this world, shall not wear it in the Hereafter."

This hadith is also narrated through 'Umar ibn al-Khattab.

We were traveling with Allah's Apostle and he was fasting, and when the sun set, he said to (someone), "Get down and mix Sawiq with water for us." He replied, "O Allah's Apostle! (Will you wait) till it is evening?" The Prophet again said, "Get down and mix Sawiq with water for us." He replied, "O Allah's Apostle! It is still daytime." The Prophet said again, "Get down and mix Sawiq with water for us." So, he got down and carried out that order. The Prophet then said, "When you see night falling from this side, the fasting person should break his fast," and he beckoned with his finger towards the east.

Allah's Apostle said, "Surely! Everyone of you is a guardian and is responsible for his charges: The Imam (ruler) of the people is a guardian and is responsible for his subjects; a man is the guardian of his family (household) and is responsible for his subjects; a woman is the guardian of her husband's home and of his children and is responsible for them; and the slave of a man is a guardian of his master's property and is responsible for it. Surely, everyone of you is a guardian and responsible for his charges."

`Abdur-Rahman bin Abu Bakr entered upon the Prophet while I was supporting the Prophet on my chest. `AbdurRahman had a fresh Siwak then and he was cleaning his teeth with it. Allah's Apostle looked at it, so I took the Siwak, cut it (chewed it with my teeth), shook it and made it soft (with water), and then gave it to the Prophet who cleaned his teeth with it. I had never seen Allah's Apostle cleaning his teeth in a better way. After finishing the brushing of his teeth, he lifted his hand or his finger and said thrice, "O Allah! Let me be with the highest companions," and then died. `Aisha used to say, "He died while his head was resting between my chest and chin."

During the last Hajj (Hajj-al-Wada`) of Allah's Apostle he performed `Umra and Hajj. He drove a Hadi along with him from Dhul-Hulaifa. Allah's Apostle started by assuming Ihram for `Umra and Hajj. And the people, too, performed the `Umra and Hajj along with the Prophet. Some of them brought the Hadi and drove it along with them, while the others did not. So, when the Prophet arrived at Mecca. he said to the people, "Whoever among you has driven the Hadi, should not finish his Ihram till he completes his Hajj. And whoever among you has not (driven) the Hadi with him, should perform Tawaf of the Ka`ba and the Tawaf between Safa and Marwa, then cut short his hair and finish his Ihram, and should later assume Ihram for Hajj; but he must offer a Hadi (sacrifice); and if anyone cannot afford a Hadi, he should fast for three days during the Hajj and seven days when he returns home. The Prophet performed Tawaf of the Ka`ba on his arrival (at Mecca); he touched the (Black Stone) corner first of all and then did Ramal (fast walking with moving of the shoulders) during the first three rounds round the Ka`ba, and during the last four rounds he walked. After finishing Tawaf of the Ka`ba, he offered a two rak`at prayer at Maqam Ibrahim, and after finishing the prayer he went to Safa and Marwa and performed seven rounds of Tawaf between them and did not do any deed forbidden because of Ihram, till he finished all the ceremonies of his Hajj and sacrificed his Hadi on the day of Nahr (10th day of Dhul-Hijja). He then hastened onwards (to Mecca) and performed Tawaf of the Ka`ba and then everything that was forbidden because of Ihram became permissible. Those who took and drove the Hadi with them did the same as Allah's Apostle did.

Whenever Allah's Apostle returned from a Ghazwa, Hajj or `Umra, he used to say Takbir thrice at every elevation of the ground and then would say, "None has the right to be worshipped but Allah; He is One and has no partner. All the kingdoms is for Him, and all the praises are for Him, and He is Omnipotent. We are returning with repentance, worshipping, prostrating, and praising our Lord. He has kept up His promise and made His slave victorious, and He Alone defeated all the clans of (nonbelievers).

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.

Whenever the Messenger of Allah (saws) performed ablution, he took a handful of water, and, putting it under his chin, made it go through his beard, saying: Thus did my Lord command me.

I placed water for the bath of Allah's Apostle and put a screen. He poured water over his hands, and washed them once or twice. (The sub-narrator added that he did not remember if she had said thrice or not). Then he poured water with his right hand over his left one and washed his private parts. He rubbed his hand over the earth or the wall and washed it. He rinsed his mouth and washed his nose by putting water in it and blowing it out. He washed his face, forearms and head. He poured water over his body and then withdrew from that place and washed his feet. I presented him a piece of cloth (towel) and he pointed with his hand (that he does not want it) and did not take it.

Once the Prophet led us in the `Isha' prayer during the last days of his life and after finishing it (the prayer) (with Taslim) he said: "Do you realize (the importance of) this night?" Nobody present on the surface of the earth tonight will be living after the completion of one hundred years from this night."

On his father's authority, said that his grandfather reported: Rabab ibn Hudhayfah married a woman and three sons were born to him from her. Their mother then died. They inherited her houses and had the right of inheritance of her freed slaves.

Amr ibn al-'As was the agnate of her sons. He sent them to Syria where they died. Amr ibn al-'As then came. A freed slave of hers died and left some property. Her brothers disputed with him and brought the case to Umar ibn al-Khattab.

Umar reported the Messenger of Allah (saws) as saying: Whatever property a son or a father receives as an heir will go to his agnates, whoever they may be. He then wrote a document for him, witnessed by AbdurRahman ibn Awf, Zayd ibn Thabit and one other person. When AbdulMalik became caliph, they presented the case to Hisham ibn Isma'il or Isma'il ibn Hisham (the narrator is doubtful).

He sent them to 'Abd al-Malik who said: This is the decision which I have already seen.

The narrator said: So he ('Abd al-Malik) made the decision on the basis of the document of Umar ibn al-Khattab, and that is still with us till this moment.

The Prophet reached Mecca, circumambulated the Ka`ba seven times and then offered a two rak`at prayer behind Maqam Ibrahim. Then he went towards the Safa. Allah has said, "Verily, in Allah's Apostle you have a good example."

I saw Safwan and Jundab and Safwan's companions when Jundab was advising. They said, "Did you hear something from Allah's Apostle?" Jundab said, "I heard him saying, 'Whoever does a good deed in order to show off, Allah will expose his intentions on the Day of Resurrection (before the people), and whoever puts the people into difficulties, Allah will put him into difficulties on the Day of Resurrection.'" The people said (to Jundab), "Advise us." He said, "The first thing of the human body to purify is the `Abdomen, so he who can eat nothing but good food (Halal and earned lawfully) should do so, and he who does as much as he can that nothing intervene between him and Paradise by not shedding even a handful of blood, (i.e. murdering) should do so."

that once he was not present (at the time of `Id-al-Adha) and when he came. some meat was presented to him. and the people said (to him), 'This is the meat of our sacrifices" He said. 'Take it away; I shall not taste it. (In his narration) Abu Sa`id added: I got up and went to my brother, Abu Qatada (who was his maternal brother and was one of the warriors of the battle of Badr) and mentioned that to him He Sa`d. 'A new verdict was given in your absence (i.e., meat of sacrifices was allowed to be stored and eaten later on).

Yahya related to me from Malik from Yahya ibn Said from Abdullah ibn Kab, the mawla of Uthman ibn Affan that Mahmud ibn Labid al-Ansari asked Zayd ibn Thabit about a man who penetrated his wife but became listless and did not ejaculate. Zayd ibn Thabit said, "He does ghusl." Mahmud said to him, "Ubayy ibn Kab used not to think that ghusl was necessary," but Zayd ibn Thabit said, "Ubayy ibn Kab drew away from that before he died."

Ash-'Shu`bi asked me, "Did you notice how Al-Hasan used to narrate Hadiths from the Prophets? I stayed with Ibn `Umar for about two or one-and-half years and I did not hear him narrating any thing from the Prophet except his (Hadith): He (Ibn `Umar) said, "Some of the companions of the Prophet including Sa`d, were going to eat meat, but one of the wives of the Prophet called them, saying, 'It is the meat of a Mastigure.' The people then stopped eating it. On that Allah's Apostle said, 'Carry on eating, for it is lawful.' Or said, 'There is no harm in eating it, but it is not from my meals."

Ibn `Umar used to spend the night at Dhi-Tuwa in between the two Thaniyas and then he would enter Mecca through the Thaniya which is at the higher region of Mecca, and whenever he came to Mecca for Hajj or `Umra, he never made his she camel kneel down except near the gate of the Masjid (Sacred Mosque) and then he would enter (it) and go to the Black (stone) Corner and start from there circumambulating the Ka`ba seven times: hastening in the first three rounds (Ramal) and walking in the last four. On finishing, he would offer two rak`at prayer and set out to perform Tawaf between Safa and Marwa before returning to his dwelling place. On returning (to Medina) from Hajj or `Umra, he used to make his camel kneel down at Al-Batha which is at Dhul-Hulaifa, the place where the Prophet used to make his camel kneel down.

`Ali demanded the hand of the daughter of Abu Jahl. Fatima heard of this and went to Allah's Apostle saying, "Your people think that you do not become angry for the sake of your daughters as `Ali is now going to marry the daughter of Abu Jahl. "On that Allah's Apostle got up and after his recitation of Tashah-hud. I heard him saying, "Then after! I married one of my daughters to Abu Al-`As bin Al- Rabi` (the husband of Zainab, the daughter of the Prophet ) before Islam and he proved truthful in whatever he said to me. No doubt, Fatima is a part of me, I hate to see her being troubled. By Allah, the daughter of Allah's Apostle and the daughter of Allah's Enemy cannot be the wives of one man." So `Ali gave up that engagement. 'Al-Miswar further said: I heard the Prophet talking and he mentioned a son-in-law of his belonging to the tribe of Bani `Abd-Shams. He highly praised him concerning that relationship and said (whenever) he spoke to me, he spoke the truth, and whenever he promised me, he fulfilled his promise."

Nafi' reported: Ibn Umar made the call to prayer at Dajnan (a place between Mecca and Medina). Then he announced: "Offer prayer in your dwellings:" He then narrated a tradition from the Messenger of Allah (saws). He used to command an announcer who made the call to prayer. He then announced: "Pray in your dwellings" on a cold or rainy night during journey.

Abu Dawud said: This tradition has been narrated by Hammad b. Salamah from Ayyub and 'Ubaid Allah. In his version he added: During journey on a cold or a rainy night.

Yahya related to me from Malik, from Yahya ibn Said, that he heard Said ibn al-Musayyab relating from Abu Hurayra that he was once coming back from Bahrayn, and, when he reached ar-Rabadha, he found a caravan of people from Iraq in ihram, who asked him whether they could eat the meat of some game which they had found with the people of ar- Rabadha, and he told them they could eat it. He said, "Afterwards I had doubts about what I had told them to do, so when I got back to Madina I mentioned the matter to Umar ibn al-Khattab and he said, 'What did you tell them to do?' I said, ' I told them to eat it.' Umar ibn al-Khattab said, threatening me, 'If you had told them to do anything else I would have done something to you.' "