Yahya related to me from Malik from Damra ibn Said al-Mazini from al-Hajjaj ibn Amr ibn Ghaziya that he was sitting with Zayd ibn Thabit when Ibn Fahd came to him. He was from the Yemen. He said, "Abu Said! I have slave-girls. None of the wives in my keep are more pleasing to me than them, and not all of them please me so much that I want a child by them, shall I then practise coitus interruptus?" Zayd ibn Thabit said, "Give an opinion, Hajjaj!" "I said, 'May Allah forgive you! We sit with you in order to learn from you!' He said, 'Give an opinion! 'I said, 'She is your field, if you wish, water it, and if you wish, leave it thirsty. I heard that from Zayd.' Zayd said, 'He has spoken the truth.' "

Ibn `Abbas asked permission to visit Aisha before her death, and at that time she was in a state of agony. She then said. "I am afraid that he will praise me too much." And then it was said to her, "He is the cousin of Allah's Apostle and one of the prominent Muslims." Then she said, "Allow him to enter." (When he entered) he said, "How are you?" She replied, "I am Alright if I fear (Allah)." Ibn `Abbas said, "Allah willing, you are Alright as you are the wife of Allah's Apostle and he did not marry any virgin except you and proof of your innocence was revealed from the Heaven." Later on Ibn Az-Zubair entered after him and `Aisha said to him, "Ibn `Abbas came to me and praised me greatly, but I wish that I was a thing forgotten and out of sight."

I said, "O Allah's Apostle! Do you like to have (my sister) the daughter of Abu Sufyan?" The Prophet said, "What shall I do (with her)?" I said, "Marry her." He said, "Do you like that?" I said, "(Yes), for even now I am not your only wife, so I like that my sister should share you with me." He said, "She is not lawful for me (to marry)." I said, "We have heard that you want to marry." He said, "The daughter of Um Salama?" I said, "Yes." He said, "Even if she were not my stepdaughter, she should be unlawful for me to marry, for Thuwaiba suckled me and her father (Abu Salama). So you should neither present your daughters, nor your sisters, to me."

I said, "O Allah's Apostle! Marry my sister, the daughter of Abu Sufyan." He said, "Do you like that?" I said, "Yes, for even now I am not your only wife; and the most beloved person to share the good with me is my sister." The Prophet said, "But that is not lawful for me (i.e., to be married to two sisters at a time.)" I said, "O Allah's Apostle! By Allah, we have heard that you want to marry Durra, the daughter of Abu Salama." He said, "You mean the daughter of Um Salama?" I said, "Yes." He said, "By Allah ! Even if she were not my stepdaughter, she would not be lawful for me to marry, for she is my foster niece, for Thuwaiba has suckled me and Abu Salama; so you should neither present your daughters, nor your sisters to me."

(the wife of the Prophet) When believing women came to the Prophet as emigrants, he used to test them in accordance with the order of Allah. 'O you who believe! When believing women come to you as emigrants, examine them . . .' (60.10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah's Apostle would say to them, "Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah's Apostle never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah's Apostle did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, "I have accepted your oath of allegiance."

A man came to Allah's Apostle and said, "I am ruined!" The Prophet said to him, "What is the matter?" He said, "I have done a sexual relation with my wife (while fasting) in Ramadan." The Prophet said to him?" "Can you afford to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" He said, "No." The Prophet said, "Can you feed sixty poor persons?" He said, "No." Then an Ansari man came with an Irq (a big basket full of dates). The Prophet said (to the man), "Take this (basket) and give it in charity." That man said, "To poorer people than we, O Allah's Apostle? By Him Who has sent you with the Truth! There is no house in between the two mountains (of the city of Medina) poorer than we." So the Prophet said (to him), "Go and feed it to your family."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Humayda bint Abi Ubayda ibn Farwa that her maternal aunt Kabsha bint Kab ibn Malik, who was the wife of the son of Abu Qatada al-Ansari, told her that once Abu Qatada was visiting her and she poured out some water for him to do wudu with. Just then a cat came to drink from it, so he tilted the vessel towards it to let it drink. Kabsha continued, "He saw me looking at him and said, 'Are you surprised, daughter of my brother?' I said, 'Yes.' He replied that the Messenger of Allah, may Allah bless him and grant him peace, said, cats are not impure. They intermingle with you .' "

Yahya said that Malik said, "There is no harm in that unless one sees impurities on the cat's mouth."

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from Abu Salama ibn Abd ar-Rahman ibn Awf that he asked A'isha, the wife of the Prophet, may Allah bless him and grant him peace, what the prayer of the Messenger of Allah, may Allah bless him and grant him peace, was like during Ramadan. She said, "The Messenger of Allah, may Allah bless him and grant him peace, did not go above eleven rakas in Ramadan or at any other time. He prayed four - do not ask me about their beauty or length. Then he prayed another four - do not ask me about their beauty and length. Then he prayed three."

A'isha continued, "I said, 'Messenger of Allah, are you sleeping before you do the witr?' He said, A'isha, my eyes sleep but my heart does not sleep.' "

We did not know what we should say when we sat during prayer. The Messenger of Allah (saws) was taught (by Allah). He then narrated the tradition to the same effect. Sharik reported from Jami', from AbuWa'il on the authority of Abdullah ibn Mas'ud something similar.

He said: He used to teach us also some other words, but he did not teach them as he taught us the tashahhud: O Allah, join our hearts, mend our social relationship, guide us to the path of peace, bring us from darkness to light, save us from obscenities, outward or inward, and bless our ears, our eyes, our hearts, our wives, our children, and relent toward us; Thou art the Relenting, the Merciful. And make us grateful for Thy blessing and make us praise it while accepting it and give it to us in full.

Yahya related to me from Malik that it reached him that a slave of Abdullah ibn Umar escaped and one of his horses wandered off, and the idol worshippers seized them. Then the Muslims recaptured them, and they were returned to Abdullah ibn Umar, before the division of the spoils took place.

I heard Malik say about muslim property that had been seized by the enemy, "If it is noticed before the distribution, then it is returned to itsowner. Whatever has already been distributed is not returned to anyone."

Malik, when asked about a man whose young male slave was taken by the idol worshippers and then the Muslims re-captured him, said, "The owner is more entitled to him without having to pay his price or value or having to incur any loss before the distribution takes place. If the distribution has already taken place then I think that the slave belongs to his master for his price if the master wants him back."

Regarding an umm walad of a Muslim man who has been taken by the idol worshippers and then recaptured by the Muslims and allotted in the distribution of spoils and then recognised by her master after the distribution, Malik said, "She is not to be enslaved. I think that the Imam should pay a ransom for her for her master. If he does not do it, then her master must pay a ransom for her and not leave her. I do not think that she should be made a slave by whoever takes her and intercourse with her is not halal. She is in the position of a free woman because her master would be required to pay compensation if she injured somebody and so she is in the same position (as a wife). He must not leave the mother of his son to be enslaved nor may intercourse with her be made halal."

Malik was asked about a man who went to enemy territory to pay ransom or to trade, and he bought a free man or a slave, or they were given to him. He said, "As for the free man, the price he buys him for is a debt against the man and he is not made a slave. If the captive is given to him freely, he is free and owes nothing unless the man gave something in recompense for him. That is a debt against the free man, the same as if a ransom had been paid for him. As for a slave, his former master can choose to take him back and pay his price to the man who bought him or he can choose to leave him, as he wishes. If he was given to the man, the former master is more entitled to him, and he owes nothing for him unless the man gave something for him in recompense. Whatever he gave for him is a loss against the master if he wants him back."

A man of the tribe of Aslam came to the Prophet (saws) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (saws) was turning away from him.

Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and a rope in a well? He replied: Yes. He asked: Do you know what fornication is? He replied: Yes. I have done with her unlawfully what a man may lawfully do with his wife.

He then asked: What do you want from what you have said? He said: I want you to purify me. So he gave orders regarding him and he was stoned to death. Then the Prophet (saws) heard one of his companions saying to another: Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog. He said nothing to them but walked on for a time till he came to the corpse of an ass with its legs in the air.

He asked: Where are so and so? They said: Here we are, Messenger of Allah (saws)! He said: Go down and eat some of this ass's corpse. They replied: Messenger of Allah! Who can eat any of this? He said: The dishonour you have just shown to your brother is more serious than eating some of it. By Him in Whose hand my soul is, he is now among the rivers of Paradise and plunging into them.

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik had said that when the Messenger of Allah, may Allah bless him and grant him peace, went to Quba, he visited Umm Haram bint Milhan and she fed him. Umm Haram was the wife of Ubada ibn as-Samit. One day the Messenger of Allah, may Allah bless him and grant him peace, had called on her and she had fed him, and sat down to delouse his hair. The Messenger of Allah, may Allah bless him and grant him peace, had dozed and woke up smiling. Umm Haram said, "What is making you smile, Messenger of Allah?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were riding in the middle of the sea, kings on thrones, or like kings on thrones." (Ishaq wasn't sure). She said, "O Messenger of Allah! Ask Allah to put me among them!" So he had made a dua for her, and put his head down and slept. Then he had woken up smiling, and she said to him, "Messenger of Allah, why are you smiling?" He said, "Some of my community were presented to me, raiding in the way of Allah. They were kings on thrones or like kings on thrones," as he had said in the first one. She said, "O Messenger of Allah! Ask Allah to put me among them!" He said, "You are among the first."

Ishaq added, "She travelled on the sea in the time of Muawiya, and when she landed, she was thrown from her mount and killed."

The Prophet and his companions assumed Ihram for Hajj and none except the Prophet and Talha had the Hadi with them. `Ali had come from Yemen and he had the Hadi with him. He (`Ali) said, "I have assumed Ihram with an intention like that of Allah's Apostle has assumed it." The Prophet ordered his companions to intend the Ihram with which they had come for `Umra, to perform the Tawaf of the Ka`ba (and between Safa and Marwa), to get their hair cut short and then to finish their Ihram with the exception of those who had the Hadi with them. They asked, "Shall we go to Mina and the private organs of some of us are dribbling (if we finish Ihram and have sexual relations with our wives)?" The Prophet heard that and said, "Had I known what I know now, I would not have brought the Hadi. If I did not have the Hadi with me I would have finished my Ihram." `Aisha got her menses and performed all the ceremonies (of Hajj) except the Tawaf . So when she became clean from her menses, and she had performed the Tawaf of the Ka`ba, she said, "O Allah's Apostle! You (people) are returning with both Hajj and `Umra and I am returning only with Hajj!" So, he ordered `Abdur Rahman bin Abu Bakr to go with her to at-Tan`im. Thus she performed `Umra after the Hajj in the month of Dhi-l-Hijja. Suraqa bin Malik bin Ju'sham met the Prophet at Al-`Aqaba (Jamrat-ul 'Aqaba) while the latter was stoning it and said, "O Allah's Apostle! Is this permissible only for you?" The Prophet replied, "No, it is for ever (i.e. it is permissible for all Muslims to perform `Umra before Hajj."

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 Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, entered Makka, in the Year of Victory, wearing a helmet, and when he took it off a man came to him and said, "Messenger of Allah, Ibn Khatal is clinging to the covers of the Kaba,'' and the Messenger of Allah, may Allah bless him and grant him peace, said, "Kill him."

Malik commented, "The Messenger of Allah, may Allah bless him and grant him peace, was not in ihram at the time, and Allah knows best."

Allah's Apostle said, "Whoever after listening to the Adhan says, 'Allahumma Rabba hadhihi-dda` watit-tammah, was-salatil qa'imah, ati Muhammadan al-wasilata wal-fadilah, wa b`ath-hu maqaman mahmudan-il-ladhi wa`adtahu' [O Allah! Lord of this perfect call (perfect by not ascribing partners to You) and of the regular prayer which is going to be established, give Muhammad the right of intercession and illustriousness, and resurrect him to the best and the highest place in Paradise that You promised him (of)], then my intercession for him will be allowed on the Day of Resurrection".

The Prophet continued for such-and-such period imagining that he has slept (had sexual relations) with his wives, and in fact he did not. One day he said, to me, "O `Aisha! Allah has instructed me regarding a matter about which I had asked Him. There came to me two men, one of them sat near my feet and the other near my head. The one near my feet, asked the one near my head (pointing at me), 'What is wrong with this man? The latter replied, 'He is under the effect of magic.' The first one asked, 'Who had worked magic on him?' The other replied, 'Lubaid bin Asam.' The first one asked, 'What material (did he use)?' The other replied, 'The skin of the pollen of a male date tree with a comb and the hair stuck to it, kept under a stone in the well of Dharwan."' Then the Prophet went to that well and said, "This is the same well which was shown to me in the dream. The tops of its date-palm trees look like the heads of the devils, and its water looks like the Henna infusion." Then the Prophet ordered that those things be taken out. I said, "O Allah's Apostle! Won't you disclose (the magic object)?" The Prophet said, "Allah has cured me and I hate to circulate the evil among the people." `Aisha added, "(The magician) Lubaid bin Asam was a man from Bani Zuraiq, an ally of the Jews."

Whenever Allah's Apostle went to Quba, he used to visit Um Haram bint Milhan who would offer him meals; and she was the wife of 'Ubada bin As-samit. One day he went to her house and she offered him a meal, and after that he slept, and then woke up smiling. She (Um Haram) said, "I asked him, 'What makes you laugh, O Allah's Apostle?' He said, 'Some people of my followers were displayed before me as warriors fighting for Allah's Cause and sailing over this sea, kings on thrones,' or said, 'like kings on thrones.' (The narrator, 'Is-haq is in doubt about it.) I (Um Haram) said, 'O Allah's Apostle! Invoke Allah that He may make me one of them.' He invoked (Allah) for her and then lay his head and slept again and then woke up smiling. I asked, 'What makes you laugh, O Allah's Apostle?' He said, 'Some people of my followers were displayed before me as warriors fighting for Allah's Cause and sailing over this sea, kings on the thrones,' or said, 'like kings on the thrones.' I (Um Haram) said, 'O Allah's Apostle! Invoke Allah that He may make me one of them.' He said, You will be amongst the first ones." It is said that Um Haram sailed over the sea at the time of Muawiya, and on coming out of the sea, she fell down from her riding animal and died.

Allah's Apostle used to visit Umm Haram bint Milhan, who would offer him meals. Umm Haram was the wife of Ubada bin As-Samit. Allah's Apostle, once visited her and she provided him with food and started looking for lice in his head. Then Allah's Apostle slept, and afterwards woke up smiling. Umm Haram asked, "What causes you to smile, O Allah's Apostle?" He said. "Some of my followers who (in a dream) were presented before me as fighters in Allah's cause (on board a ship) amidst this sea caused me to smile; they were as kings on the thrones (or like kings on the thrones)." (Ishaq, a sub-narrator is not sure as to which expression the Prophet used.) Umm Haram said, "O Allah's Apostle! Invoke Allah that he makes me one of them. Allah's Apostle invoked Allah for her and slept again and woke up smiling. Once again Umm Haram asked, "What makes you smile, O Allah's Apostle?" He replied, "Some of my followers were presented to me as fighters in Allah's Cause," repeating the same dream. Umm Haram said, "O Allah's Apostle! Invoke Allah that He makes me one of them." He said, "You are amongst the first ones." It happened that she sailed on the sea during the Caliphate of Mu'awiya bin Abi Sufyan, and after she disembarked, she fell down from her riding animal and died.

In the year of Hajjat-ul-Wada` the Prophet visited me when I fell ill and was about to die because of that illness. I said, "O Allah's Apostle! I am very ill as you see, and I am a rich man and have no heir except my only daughter. Shall I give 2/3 of my property in charity?" He said, "No." I said, "Shall I then give one half of it in charity?" He said, "O Sa`d! Give 1/3 (in charity) and even 1/3 is too much. No doubt, it is better to leave your children rich than to leave them poor, reduced to begging from others. And Allah will reward you for whatever you spend with the intention of gaining Allah's Pleasure even if it were a mouthful of food you put into your wives mouth." I said, "O Allah's Apostle! Am I to be left behind (in Mecca) after my companions have gone?" He said, "If you should be left behind, you will be upgraded and elevated for every deed you will do with a desire to achieve Allah's Pleasure. I hope that you will live long so that some people will benefit by you while others will be harmed. O Allah! Please fulfill the migration of my companions and do not make them turn back on their heels. But (we feel sorry for) the unlucky Sa`d bin Khaulah." Allah's Apostle lamented his death in Mecca.

Abu Dawud said: It has been narrated by Ibn 'Umar and Anas b. Malik that she should take bath at the time of the Zuhr prayer (being valid) until the next Zuhr prayer. This tradition has also been transmuted by Dawud and 'Asim from al-Sha'bi from his wife from Qumair on the authority of 'Aishah, except that the version of Dawud has the words: "every day," and the version of 'Asim has the words: "at the time of Zuhr prayer". This is the view of Salim b. 'Abd Allah, al-Hassan, and 'Ata.

Abu Dawud said: Malik said: I think that the tradition narrated by Ibn a;-Musayyab must contain the words: "from one purification to another". But it was misunderstood and the people changed it to: "for one Zuhr prayer to another".

It has also been reported by Miswar b. 'Abd al-Malik b. Sa'id b. 'Abd al-Rahman b. Yarbu', saying: "from one purification to another," but the people changed it to: "from one zuhr to another."

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.

Yahya said that Malik said, "When the relatives of the deceased accept the blood-money then it is inherited according to the Book of Allah. Daughters of the dead man inherit and so do sisters, and whichever women would inherit from him ordinarily.

If the women do not take all his inheritance, then what remains goes to the agnatic relations who most deserve to inherit from him in conjunction with the women."

Malik said, "When one of the heirs of a man killed by mistake attempts to take his due from the blood-money while his companions are absent, he may not do that, and he has no right to any of the blood-money, however large or small, unless the qasama has been completed by him. If he swears fifty oaths then he has the right to his portion of the blood-money. That is because the blood-money is not established as due without there being fifty oaths, and the blood- money is not established as due unless the responsibility for the blood is established. If any one of the heirs comes after that he swears a number of the oaths commensurate with his fraction of the inheritance and takes his right until all the heirs exact their complete right. If a maternal uncle comes he has one sixth and must swear one sixth of the fifty oaths. So whoever swears may take his due from the blood-money and whoever abstains annuls his right. If one of the heirs is absent or is a child who has not reached puberty, those who are present swear fifty oaths and if the one who was absent comes after that or the child reaches puberty, they swear. and they swear according to their due of the blood-money and according to their shares of inheritance from it."

Yahya said that Malik said, "This is the best I have heard on the matter."

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."

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Muhammad ibn Amr ibn Hazm from Humayd ibn Nafi that Zaynab bint Abi Salama related these three traditions to him. Zaynab said, "I visited Umm Habiba, the wife of the Prophet, may Allah bless him and grant him peace, when her father Abu Sufyan ibn Harb had died. Umm Habiba called for a yellowy perfume perhaps khaluq or something else. She rubbed the perfume first on a slave-girl and she then wiped it on the sides of her face and said, 'By Allah! I have no need of perfume but I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'It is not halal for a woman who trusts in Allah and the Last Day to abstain from adornment in mourning for someone who has died, for more than three nights, except for four months and ten days for a husband.' "

I asked `Aisha the wife of the Prophet about the meaning of the following Verse: -- "(Respite will be granted) 'Until when the apostles give up hope (of their people) and thought that they were denied (by their people)..............."(12.110) `Aisha replied, "Really, their nations did not believe them." I said, "By Allah! They were definite that their nations treated them as liars and it was not a matter of suspecting." `Aisha said, "O 'Uraiya (i.e. `Urwa)! No doubt, they were quite sure about it." I said, "May the Verse be read in such a way as to mean that the apostles thought that Allah did not help them?" Aisha said, "Allah forbid! (Impossible) The Apostles did not suspect their Lord of such a thing. But this Verse is concerned with the Apostles' followers who had faith in their Lord and believed in their apostles and their period of trials was long and Allah's Help was delayed till the apostles gave up hope for the conversion of the disbelievers amongst their nation and suspected that even their followers were shaken in their belief, Allah's Help then came to them."

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman from Umm Salama, the wife of the Prophet may Allah bless him and grant him peace, that the Messenger of Allah, may Allah bless him and grant him peace, said, "If a misfortune befalls some one and he says, as Allah has ordered, 'We belong to Allah and to Him we are returning. O Allah, reward me in my misfortune and give me better than it afterwards,' Allah will do that for him" (Inna lillahi wa inna ilayhi rajiun. Allahumma' jurniy fi musiybatiy, wa a qibhiy khayran minha, illa faala 'llahu dhalika bihi.).

Umm Salama said, "When Abu Salama died I said that, and then I said, 'Who is better than Abu Salama?' " And then Allah left her the Messenger of Allah, may Allah bless him and grant him peace, and he married her.

Yahya related to me from Malik, from Abu'l-Aswad Muhammad ibn Abd ar-Rahman, fromUrwa ibn az-Zubayr, that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "We set out with the Messenger of Allah, may Allah bless him and grant him peace, in the year of the farewell hajj, and some of us went into ihram to do umra, some of us went into ihram to do hajj and umra, and some of us went into ihram to do hajj on its own. The Messenger of Allah, may Allah bless him and grant him peace, went into ihram to do hajj on its own. Those who had gone into ihram to do umra came out of ihram (after doing umra). Those who had gone into ihram to do hajj (on its own), or to do both hajj and umra, did not come out of ihram until the day of the sacrifice."

I heard the Messenger of Allah (saws) say: There were two men among Banu Isra'il, who were striving for the same goal. One of them would commit sin and the other would strive to do his best in the world. The man who exerted himself in worship continued to see the other in sin.

He would say: Refrain from it. One day he found him in sin and said to him: Refrain from it.

He said: Leave me alone with my Lord. Have you been sent as a watchman over me? He said: I swear by Allah, Allah will not forgive you, nor will he admit you to Paradise. Then their souls were taken back (by Allah), and they met together with the Lord of the worlds.

He (Allah) said to this man who had striven hard in worship; Had you knowledge about Me or had you power over that which I had in My hand? He said to the man who sinned: Go and enter Paradise by My mercy. He said about the other: Take him to Hell.

AbuHurayrah said: By Him in Whose hand my soul is, he spoke a word by which this world and the next world of his were destroyed.

Abu Hurairah said: O Allah, Thou art its Lord. Thou didst create it, Thou didst guide it to Islam, Thou hast taken its spirit, and Thou knowest best its inner nature and outer aspect. We have come as intercessors, so forgive him.

Abu Dawud said: Shu'bah made a mistake in mentioning the name of 'Ali b. Shammakh. He said in his version: 'Uthman b. Shammas.

Abu Dawud said: I heard Ahmad b. Ibrahim al-Mawsili say that Ahmad b. Hanbal said: In every meeting which I attended with Hammad b. Zaid he forbade to narrate this traditions from 'Abd al-Warith and Ja'far b. Sulaiman.

The Prophet (saws) said: Disagreement will occur at the death of a caliph and a man of the people of Medina will come flying forth to Mecca. Some of the people of Mecca will come to him, bring him out against his will and swear allegiance to him between the Corner and the Maqam. An expeditionary force will then be sent against him from Syria but will be swallowed up in the desert between Mecca and Medina. When the people see that, the eminent saints of Syria and the best people of Iraq will come to him and swear allegiance to him between the Corner and the Maqam.

Then there will arise a man of Quraysh whose maternal uncles belong to Kalb and send against them an expeditionary force which will be overcome by them, and that is the expedition of Kalb. Disappointed will be the one who does not receive the booty of Kalb. He will divide the property, and will govern the people by the Sunnah of their Prophet (saws) and establish Islam on Earth. He will remain seven years, then die, and the Muslims will pray over him.

Abu Dawud said: Some transmitted from Hisham "nine years" and some "seven years".

Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate."

He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because Allah the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' (Sura ll ayat 71). And He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon Allah, their Lord, "If you give us a good-doing son, we will be among the thankful." '(Sura 7 ayat 189).

"When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. Allah, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' (Sura 2 ayat 233).

"When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property."

Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation."

The people of (the tribe of) Quraiza agreed upon to accept the verdict of Sa`d. The Prophet sent for him (Sa`d) and he came. The Prophet said (to those people), "Get up for your chief or the best among you!" Sa`d sat beside the Prophet and the Prophet said (to him), "These people have agreed to accept your verdict." Sa`d said, "So I give my judgment that their warriors should be killed and their women and children should be taken as captives." The Prophet said, "You have judged according to the King's (Allah's) judgment." (See Hadith No. 447, Vol. 5)

When Allah's Apostle (p.b.u.h) sent Mu`adh to Yemen, he said (to him), "YOU are going to people of a (Divine) Book. First of all invite them to worship Allah (alone) and when they come to know Allah, inform them that Allah has enjoined on them, five prayers in every day and night; and if they start offering these prayers, inform them that Allah has enjoined on them, the Zakat. And it is to be taken from the rich amongst them and given to the poor amongst them; and if they obey you in that, take Zakat from them and avoid (don't take) the best property of the people as Zakat."

The people of (Banu) Quraiza agreed to accept the verdict of Sa`d bin Mu`adh. So the Prophet sent for Sa`d, and the latter came (riding) a donkey and when he approached the Mosque, the Prophet said to the Ansar, "Get up for your chief or for the best among you." Then the Prophet said (to Sa`d)." These (i.e. Banu Quraiza) have agreed to accept your verdict." Sa`d said, "Kill their (men) warriors and take their offspring as captives, "On that the Prophet said, "You have judged according to Allah's Judgment," or said, "according to the King's judgment."

My father got me married to a lady of a noble family, and often used to ask my wife about me, and she used to reply, "What a wonderful man he is! He never comes to my bed, nor has he approached me since he married me." When this state continued for a long period, my father told the story to the Prophet who said to my father, "Let me meet him." Then I met him and he asked me, "How do you fast?" I replied, "I fast daily," He asked, "How long does it take you to finish the recitation of the whole Qur'an?" I replied, "I finish it every night." On that he said, "Fast for three days every month and recite the Qur'an (and finish it) in one month." I said, "But I have power to do more than that." He said, "Then fast for three days per week." I said, "i have the power to do more than that." He said, "Therefore, fast the most superior type of fasting, (that is, the fasting of (prophet) David who used to fast every alternate day; and finish the recitation of the whole Qur'an In seven days." I wish I had accepted the permission of Allah's Apostle as I have become a weak old man. It is said that `Abdullah used to recite one-seventh of the Qur'an during the day-time to some of his family members, for he used to check his memorization of what he would recite at night during the daytime so that it would be easier for him to read at night. And whenever he wanted to gain some strength, he used to give up fasting for some days and count those days to fast for a similar period, for he disliked to leave those things which he used to do during the lifetime of the Prophet.

'Umar asked about the decision of the Prophet (saws) about that (i.e. abortion). Haml b. Malik b. al-Nabhigah got up and said: I was between two women. One of them struck another with a rolling-pin killing both her and what was in her womb. So the Messenger of Allah (saws) gave judgement that the bloodwit for the unborn child should be a male or a female slave of the best quality and the she should be killed.

Abu Dawud said: Al-Nadr b. Shumail said: Mistah means a rolling-pin.

Abu Dawud said: Abu 'Ubaid said: Mistah means a pole from the tent-poles.

The Prophet was the best of all the people in character. I had a brother called Abu `Umar, who, I think, had been newly weaned. Whenever he (that child) was brought to the Prophet the Prophet used to say, "O Abu `Umar! What did Al-Nughair (nightingale) (do)?" It was a nightingale with which he used to play. Sometimes the time of the Prayer became due while he (the Prophet) was in our house. He would order that the carpet underneath him be swept and sprayed with water, and then he would stand up (for the prayer) and we would line up behind him, and he would lead us in prayer.

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "No-one should leave the hajj until he has done tawaf of the House, and tawaf of the House is the final rite."

Malik said, commenting about Umar ibn al-Khattab's saying 'tawaf of the House is the final rite,' "In our opinion, and Allah knows best, that is because Allah, the Blessed and Exalted, says, 'Whoever exalts the rituals of Allah - that is from the taqwa of the hearts' (Sura 22 ayat 32), and He says, 'Then their halal place (of sacrifice) is at the Ancient House,' and the place of all the rituals and where they end is therefore at the Ancient House."

Abu Dawud said: This tradition was read out to al-Harith b. Miskin and I was witness. It was said to him that Ibn Qasim told him that Malik was asked about evil omen in a horse and in a house. He replied: There are many houses in which people lived and perished and again others lived therein and they also perished. This is its explanation so far as we know. Allah knows best.

Abu Dawud said: 'Umar (ra) said: A mat in a house better than a woman who does not give birth to a child.

Malik related to me that Ishaq ibn Abdullah ibn Abi Talha heard Anas ibn Malik say, "Abu Talha had the greatest amount of property in palm-trees among the Ansar in Madina. The dearest of his properties to him was Bayruha which was in front of the mosque. The Messenger of Allah, may Allah bless him and grant him peace, used to go into it and drink from the pleasant water which was in it."

Anas continued, "When this ayat was sent down 'You will not obtain rightness of action until you expend of what you love,' (Sura 2 ayat l76), Abu Talha went to the Messenger of Allah, may Allah bless him and grant him peace, and said, 'Messenger of Allah! Allah, the Blessed, the Exalted, has said, "You will not obtain until you expend of what you love." The property which I love the best is Bayruha. It is sadaqa for Allah. I hope for its good and for it to be stored up with Allah. Place it wherever you wish, Messengerof Allah. ' "

"The Messenger of Allah, may Allah bless him and grant him peace, said, 'Well done! That is property which profits! That is property which profits. I have heard what you have said about it and I think that you should give it to your relatives.' Abu Talha said, 'I will do it, Messenger of Allah!' Abu Talha therefore divided it among his relatives and the children of his paternal uncle."