Anas bin Malik said to a woman of his family, "Do you know such-and-such a woman?" She replied, "Yes." He said, "The Prophet passed by her while she was weeping over a grave, and he said to her, 'Be afraid of Allah and be patient.' The woman said (to the Prophet). 'Go away from me, for you do not know my calamity.'" Anas added, "The Prophet left her and proceeded. A man passed by her and asked her, 'What has Allah's Apostle said to you?' She replied, 'I did not recognize him.' The man said, 'He was Allah's Apostle."' Anas added, "So that woman came to the gate of the Prophet and she did not find a gate-keeper there, and she said, 'O Allah's Apostle! By Allah. I did not recognize you!' The Prophet said, 'No doubt, patience is at the first stroke of a calamity.'"

"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 Ibn Shihab from Mahmud ibn Rabi al-Ansari that Utban ibn Malik, who was a blind man, used to lead his people in prayer, and he said to the Messenger of Allah, may Allah bless him and grant him peace, "Sometimes it is dark and rainy and there is a lot of water around outside, and I am a man who has lost his sight. Messenger of Allah, pray in a certain place in my house so that I can take it as a place to pray." The Messenger of Allah, may Allah bless him and grant him peace, came to him and said, "Where would you like me to pray?" He indicated a place to him and the Messengerof Allah, may Allah bless him and grant him peace, prayed there.

Yahya related to me from Malik that Zayd ibn Aslam said, ''Umar ibn al Khattab drank some milk which he liked (very much) and he asked the man who had given it to him, 'Where did this milk come from?' The man told him that he had come to a watering-place, which he named, and had found grazing livestock from the zakat watering there. He was given some of their milk, which he then put into his water-skin, and that was the milk in question. Umar ibn al-Khattab then put his hand into his mouth to make himself vomit."

Malik said, "The position with us is that if anyone refuses to honour one of the obligatory demands of Allah, and the muslims are unable to get it, then they have the right to fight him until they get itfrom him."

Yahya related to me that Malik heard Ibn Shihab say, "When a man gives his wife the right of choice, and she chooses him, that is not divorce."

Malik added, "That is the best of what I have heard."

Malik said that if a woman who had been given the right of choice by her husband chose herself, she was divorced trebly. If her husband said, "But I only gave her the right of choice in one," he had none of that. That was the best of what he had heard.

Malik said, "If the man gives his wife the right of choice and she says, 'I accept one', and he says, 'I did not mean that, I have given the right of choice in all three together,' then if she only accepts one, she remains with him in her marriage, and that is not separation if Allah, the Exalted wills."

Here (i.e. in Mecca) there was a man called Nawwas and he had camels suffering from the disease of excessive and unquenchable thirst. Ibn `Umar went to the partner of Nawwas and bought those camels. The man returned to Nawwas and told him that he had sold those camels. Nawwas asked him, "To whom have you sold them?" He replied, "To such and such Sheikh." Nawwas said, "Woe to you; By Allah, that Sheikh was Ibn `Umar." Nawwas then went to Ibn `Umar and said to him, "My partner sold you camels suffering from the disease of excessive thirst and he had not known you." Ibn `Umar told him to take them back. When Nawwas went to take them, Ibn `Umar said to him, "Leave them there as I am happy with the decision of Allah's Apostle that there is no oppression . "

That there was a man who was not very sensible and he would make purchases. So his family came to the Prophet (saws) and said: "O Messenger of Allah! Stop him (from making purchases)." So Allah's Prophet (saws) called him to prohibit him, and he said: "O Messenger of Allah! I have no patience for business." So he said: "When you are buying, say: 'Hand to hand, and no cheating.'"

[Abu 'Eisa said:] There is a narration on this topic from Ibn 'Umar.

The Hadith of Anas is a Hasan Sahih Gharib Hadith.

This is acted upon according to the people of knowledge. They say that the free man can be prevented from selling and buying when his intellect is weak. This is the view of Ahmad and Ishaq. Some of the scholars did not think that the free person who had attained the age of responsibility could be prevented from that.

That the Messenger of Allah (saws) said: "Do not practice An-Najsh."

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

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge, they disliked An-Najsh.

[Abu 'Eisa said:] An-Najsh is when a man who knows about the goods comes to the owner of the goods to offer him more than what it is worth, doing so in the presence of the buyer. He intends to seduce the buyer while he himself does not want to buy it, rather he only wants to deceive the buyer with his offer. And this is type of deceit.

Ash-Shafi'i said: "If a man commits An-Najsh the he has sinned due to what he has done, but the sale is permissible, because the buyer did not commit An-Najsh."

The Prophet (saws) led (us) in the noon prayer, and a man came and recited behind him "Glorify the name of thy Lord, the Most High" (Surah 87). When he finished (the prayer), he said: Which of you recited? They (the people) said: A man (recited). He said: I knew that some one of you confused me in it (in the recitation of the Qur'an).

Abu Dawud said: Abu al-Walid said in his version: Shu'bah said: I asked Qatadah: Did Sa'id not say: Listen attentively to the Qur'an? He replied: (Yes), but that applies to prayer in which it (the Qur'an) is recited aloud. Ibn Kathir said in his version: I said to Qatadah: Perhaps he (the Prophet) disliked it (recitation). He said: If he had disliked it, he would have prohibited it.

I fought in Jaish-al-Usra (Ghazwa of Tabuk) along with the Prophet and in my opinion that was the best of my deeds. Then I had an employee, who quarrel led with someone and one of the them bit and cut the other's finger and caused his own tooth to fall out. He then went to the Prophet (with a complaint) but the Prophet canceled the suit and said to the complainant, "Did you expect him to let his finger in your mouth so that you might snap and cut it (as does a stallion camel)?" Narrated Ibn Juraij from `Abdullah bin Abu Mulaika from his grandfather a similar story: A man bit the hand of another man and caused his own tooth to fall out, but Abu Bakr judged that he had no right for compensation (for the broken tooth).

It was said to the Prophet "Would that you see `Abdullah bin Ubai." So, the Prophet went to him, riding a donkey, and the Muslims accompanied him, walking on salty barren land. When the Prophet reached `Abdullah bin Ubai, the latter said, "Keep away from me! By Allah, the bad smell of your donkey has harmed me." On that an Ansari man said (to `Abdullah), "By Allah! The smell of the donkey of Allah's Apostle is better than your smell." On that a man from `Abdullah's tribe got angry for `Abdullah's sake, and the two men abused each other which caused the friends of the two men to get angry, and the two groups started fighting with sticks, shoes and hands. We were informed that the following Divine Verse was revealed (in this concern):-- "And if two groups of Believers fall to fighting then, make peace between them." (49.9)

(A man broke his fast intentionally) during Ramadan. The Messenger of Allah (saws) commanded him to emancipate a slave, or fast for two months, or feed sixty poor men. He said: I cannot provide. The Messenger of Allah (saws) said: Sit down. Thereafter a huge basket of dates ('araq) was brought to the Messenger of Allah (saws). He said: Take this and give it as sadaqah (alms). He said: Messenger of Allah, there is no poorer than I. The Messenger of Allah (saws) thereupon laughed so that his canine teeth became visible and said: Eat it yourself.

Abu Dawud said: Ibn Juraij narrated it from al-Zuhri in the wordings of the narrator Malik that a man broke his fast. This version says: You should either free a slave, or fast for two months, or provide food for sixty poor men.

Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."

Abu Bakr added, "So I let the Nabatean go."

Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."

Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."

Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."

Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."

Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."

Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."

The Prophet (saws) was asked which of the creatures a pilgrim in sacred state could kill. He replied: The snake, the scorpion, the rat; he should drive away the pied crow, but should not kill it; the biting dog, the kite, and any wild animal which attacks (man).

The Prophet (saws) said: Probably you will fight with a people, you will dominate them, and they will save themselves and their children by their property. The version of Sa'id has You will then conclude peace with them. The agreed version goes: Then do no take anything from them more than that, for it is not proper for you.

We went out with the Messenger of Allah (saws) to the funeral of a man of the Ansar, but when we reached the grave, the niche in the side had not yet been made, so the Prophet (saws) sat down facing the qiblah, and we sat down along with him.

A man asked the Messenger of Allah (saws): Is there any food from which I should keep myself away? I heard the Messenger of Allah (saws) say: Anything which creates doubt should not occur in your mind by which you resemble Christianity.

A man of Banu Adi was killed. The Prophet (saws) fixed his blood-wit at the rate of twelve thousand (dirhams).

Abu Dawud said: Ibn 'Uyainah transmitted it from 'Amr, from 'Ikrimah, from the Prophet (saws), and he did not mention Ibn 'Abbas.

Ibn 'Umar said that the Apostle of Allah (may peace be upon him) prescribed the Sadaqa of Ramadan (Sadaqat-al-Fitr) one sa' of dates or one sa' of barley for every free man or a slave, male or female, and then the people equalised (one sa' of dates or barley) with half a sa' of wheat.

A hadith similar to the above has been narrated through a chain differing from the first at the 4th level of narrators.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said, "When a man divorces his wife and she begins her third period, she is free from him and he is free from her."

Malik said, "This is how things are done among us."

Yahya related to me from Malik from Hisham ibn Urwa that his father said about this ayat, "You have good news in the life of this world and the next world," (Sura 10 ayat 64), that it was the good dream which the man who was salih saw or which was shown to him.

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

Allah's Apostle said, "You see the believers as regards their being merciful among themselves and showing love among themselves and being kind, resembling one body, so that, if any part of the body is not well then the whole body shares the sleeplessness (insomnia) and fever with it."

Allah's Apostle said, "No woman should ask for the divorce of her sister (Muslim) so as to take her place, but she should marry the man (without compelling him to divorce his other wife), for she will have nothing but what Allah has written for her."

(the Maula of `Abdur-Rahman bin Azhar) Allah's Apostle said, "None of you should long for death, for if he is a good man, he may increase his good deeds, and if he is an evil-doer, he may stop the evil deeds and repent."

Allah's Apostle said, "While a man was dragging his Izar on the ground (behind him), suddenly Allah made him sink into the earth and he will go on sinking into it till the Day of Resurrection."

Narrated Abu Huraira:

that he heard the Prophet (narrating as above No. 680).

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abdar-Rahman ibn Awf that Abdullah ibn Amr ibn al-As said, "A dead man is clothed in a shirt and a waist-wrapper and then wrapped in a third, and if he only has one garment he is shrouded in that."

Yahya related to me from Malik from Yahya ibn Said from al-Qasim ibn Muhammad that a certain man had taken a slave-girl belonging to somebody else as a wife. He said to her people, "She is your concern," and people considered that to be one pronouncement of divorce.

The Prophet recited Surat-an-Najm (53) and prostrated while reciting it and all the people prostrated and a man amongst the people took a handful of stones or earth and raised it to his face and said, "This is sufficient for me. Later on I saw him killed as a non-believer."

The Messenger of Allah (saws) forbade trailing garments during prayer and that a man should cover his mouth.

Abu Dawud said: This tradition has also been narrated by 'Isi on the authority of 'Ata' from Abu Hurairah: The Prophet (saws) forbade trailing garments during prayer.

A man of Juhaynah told him that he had heard the Prophet (saws) reciting "When the earth is shaken" (Surah 99) in both rak'ahs of the morning prayer. But I do not know whether he had forgotten, or whether he recited it on purpose.

that his father took him to Allah's Apostle and said, "I have given this son of mine a slave." The Prophet asked, "Have you given all your sons the like?" He replied in the negative. The Prophet said, "Take back your gift then."

While I was with `Uthman, a man came to him and said, "Appoint your successor." `Uthman said, "Has such successor been named?" He replied, "Yes, Az-Zubair." `Uthman said, thrice, "By Allah! Indeed you know that he is the best of you."

The Prophet (saws) as saying: If anyone dies when some fast is due from him (i.e. which he could not keep) his heir must fast on his behalf.

Abu Dawud said: This applies to the fast which a man vows ; and this is the opinion of Ahmad b. Hanbal.

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

A man came to the Messenger of Allah (saws) and said: I came to you to take the oath of allegiance to you on emigration, and I left my parents weeping. He (the Prophet) said: Return to them and make them laugh as you made them weep.

A man died leaving no heir but a slave whom he had emancipated. The Messenger of Allah (saws) asked: Has he any heir? They replied: No, except a slave whom he had emancipated. The Messenger of Allah (saws) assigned his estate to him (the emancipated slave).