Malik said, "No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash."

Malik said, "That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed."

Malik related to me from Yahya ibn Said from Sulayman ibn Yasar that Umar ibn al-Khattab used to attach the children of the Jahiliyya to whoever claimed them in Islam. Two men came and each of them claimed a woman's child. Umar ibn al-Khattab summoned a person who scrutinized features and he looked at them. The scrutinizer said, "They both share in him." Umar ibn al-Khattab hit him with a whip. Then he summoned the woman, and said, "Tell me your tale." She said, "It was this one (indicating one of the two men) who used to come to me while I was with my people's camels. He did not leave me until he thought and I thought that I was pregnant. Then he left me, and blood flowed from me, and this other one took his place. I do not know from which of them the child is." The scrutinizer said, "Allah is greater." Umar said to the child, "Go to whichever of them you wish."

(the wife of the Prophet) I bought a cushion having on it pictures (of animals). When Allah's Apostle saw it, he stood at the door and did not enter. I noticed the sign of disapproval on his face and said, "O Allah's Apostle! I repent to Allah and His Apostle. What sin have I committed?' Allah's Apostle said. "What is this cushion?" I said, "I have bought it for you so that you may sit on it and recline on it." Allah's Apostle said, "The makers of these pictures will be punished on the Day of Resurrection, and it will be said to them, 'Give life to what you have created (i.e., these pictures).' " The Prophet added, "The Angels of (Mercy) do not enter a house in which there are pictures (of animals).

I went to Allah's Apostle along with a a son of mine whose palate and tonsils I had pressed with my finger as a treatment for a (throat and tonsil) disease. The Prophet said, "Why do you pain your children by pressing their throats! Use Ud Al-Hindi (certain Indian incense) for it cures seven diseases, one of which is pleurisy. It is used as a snuff for treating throat and tonsil disease and it is inserted into one side of the mouth of one suffering from pleurisy."

Allah's Apostle gave his verdict about two ladies of the Hudhail tribe who had fought each other and one of them had hit the other with a stone. The stone hit her `Abdomen and as she was pregnant, the blow killed the child in her womb. They both filed their case with the Prophet and he judged that the blood money for what was in her womb. was a slave or a female slave. The guardian of the lady who was fined said, "O Allah's Apostle! Shall I be fined for a creature that has neither drunk nor eaten, neither spoke nor cried? A case like that should be nullified." On that the Prophet said, "This is one of the brothers of soothsayers.

(the wife of the Prophet) I bought a cushion having pictures on it. When Allah's Apostle saw it, he stopped at the gate and did not enter. I noticed the signs of hatred (for that) on his face! I said, "O Allah's Apostle! I turn to Allah and His Apostle in repentance! What sin have I committed?" He said, "What about this cushion?" I said, 'I bought it for you to sit on and recline on." Allah's Apostle said, "The makers of these pictures will be punished (severely) on the Day of Resurrection and it will be said to them, 'Make alive what you have created.'" He added, "Angels do not enter a house in which there are pictures."

Allah's Apostle said to me. "Will you relieve me from Dhi-al-Khalasa? " Dhi-al-Khalasa was an idol which the people used to worship and it was called Al-Ka`ba al Yamaniyya. I said, "O Allah's Apostle I am a man who can't sit firm on horses." So he stroked my chest (with his hand) and said, "O Allah! Make him firm and make him a guiding and well-guided man." So I went out with fifty (men) from my tribe of Ahrnas. (The sub-narrator, Sufyan, quoting Jarir, perhaps said, "I went out with a group of men from my nation.") and came to Dhi-al-Khalasa and burnt it, and then came to the Prophet and said, "O Allah's Apostle! I have not come to you till I left it like a camel with a skin disease." The Prophet then invoked good upon Ahmas and their cavalry (fighters).

A man came to the Prophet and said, "I am ruined!" The Prophet said, "What is the matter with you?" He said, "I had sexual relation with my wife (while I was fasting) in Ramadan." The Prophet said, "Have you got enough to manumit a slave?" He said, "No." The Prophet said, "Can you fast for two successive months?" The man said, "No." The Prophet said, "Can you feed sixty poor persons?" The man said, "No." Then the Prophet said to him, "Sit down," and he sat down. Afterwards an 'Irq, i.e., a big basket containing dates was brought to the Prophet and the Prophet said to him, "Take this and give it in charity." The man said, "To poorer people than we?" On that, the Prophet smiled till his premolar teeth became visible, and then told him, "Feed your family with it." (See Hadith No. 157, Vol 3)

Allah's Apostle said to us while we were in a gathering, "Give me the oath (Pledge of allegiance for: (1) Not to join anything in worship along with Allah, (2) Not to steal, (3) Not to commit illegal sexual intercourse, (4) Not to kill your children, (5) Not to accuse an innocent person (to spread such an accusation among people), (6) Not to be disobedient (when ordered) to do good deeds. The Prophet added: Whoever amongst you fulfill his pledge, his reward will be with Allah, and whoever commits any of those sins and receives the legal punishment in this world for that sin, then that punishment will be an expiation for that sin, and whoever commits any of those sins and Allah does not expose him, then it is up to Allah if He wishes He will punish him or if He wishes, He will forgive him." So we gave the Pledge for that. (See Hadith No. 17, Vol. 1)

(the mother of believers) Allah's Apostle during his fatal ailment said, "Order Abu Bakr to lead the people in prayer." I said, "If Abu Bakr stood at your place (in prayers, the people will not be able to hear him because of his weeping, so order `Umar to lead the people in prayer." He again said, "Order Abu Bakr to lead the people in prayer " Then I said to Hafsa, "Will you say (to the Prophet), 'If Abu Bakr stood at your place, the people will not be able to hear him be cause of his weeping, so order `Umar to lead the people in prayer?" Hafsa did so, whereupon Allah's Apostle said, "You are like the companions of Joseph (See Qur'an, 12:30-32). Order Abu Bakr to lead the people in prayer." Hafsa then said to me, "I have never received any good from you!"

A woman came to Allah's Apostle and said, "O Allah's Apostle! Men (only) benefit by your teachings, so please devote to us from (some of) your time, a day on which we may come to you so that you may teach us of what Allah has taught you." Allah's Apostle said, "Gather on such-and-such a day at suchand- such a place." They gathered and Allah's Apostle came to them and taught them of what Allah had taught him. He then said, "No woman among you who has lost her three children (died) but that they will screen her from the Fire." A woman among them said, "O Allah's Apostle! If she lost two children?" She repeated her question twice, whereupon the Prophet said, "Even two, even two, even two!" (See Hadith No. 341, Vol. 2)

`Umar bin Al-Khattab asked (the people) about the Imlas of a woman, i.e., a woman who has an abortion because of having been beaten on her `Abdomen, saying, "Who among you has heard anything about it from the Prophet?" I said, "I did.'' He said, "What is that?" I said, "I heard the Prophet saying, "Its Diya (blood money) is either a male or a female slave.' " `Umar said, "Do not leave till you present witness in support of your statement." So I went out, and found Muhammad bin Maslama. I brought him, and he bore witness with me that he had heard the Prophet saying, "Its Diya (blood money) is either a male slave or a female slave."

While I was walking in company with the Prophet in one of the fields of Medina, the Prophet was reclining on a palm leave stalk which he carried with him. We passed by a group of Jews. Some of them said to the others, "Ask him about the spirit." The others said, "Do not ask him, lest he would say something that you hate." Some of them said, "We will ask him." So a man from among them stood up and said, 'O Abal-Qasim! What is the spirit?" The Prophet kept quiet and I knew that he was being divinely inspired. Then he said: "They ask you concerning the Spirit, Say: The Spirit; its knowledge is with my Lord. And of knowledge you (mankind) have been given only a little." (17.85)

Yahya related to me from Malik that he had asked Ibn Shihab about the word of Allah, the Majestic, the Mighty, "O you who accept, when the call is made for the prayer on the day of jumua, make haste to the remembrance of Allah."(Sura 62 ayat 9). Ibn Shihab said, ''Umar ibn al-Khattab used to recite, 'When the call is made for the prayer on the day of jumua, go to the remembrance of Allah.' "

Malik said, "Making haste in the Book of Allah is only deed and action. Allah the Blessed, the Exalted, says 'and when he turns away, he acts in the land' (Sura 2 ayat 205), and He, the Exalted, said, 'and as for the one who comes to you acting with fear' (Sura 80 ayat 8), and He said, 'then he turned his back, and acted' (Sura 79 ayat 22),and He said, 'Your deeds are diverse' " (Sura 92 ayat 4). Malik said, "Thus making haste which Allah mentions in His Book is not running on the feet or exertion. It only means deed and actions."

Yahya related to me from Malik that he heard Rabia ibn Abd ar- Rahman say that a slave could marry four women.

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

Malik said, "The slave differs with the muhallil if the slave is given permission by his master for his ex-wife. If his master does not give him permission, he separates them. The muhallil is separated in any case if he intends to make the woman halal by marriage."

Malik said, "When a slave is owned by his wife or a husband owns his wife, the possession of each of them is rendered void without divorce. If a man, for instance, is married to a slave-girl, and then he buys her, he must divorce her as a matter of course. They can then re- marry. If they re-marry afterwards, that separation was not divorce."

Malik said, "When a slave is freed by his wife who owns him and she is in the idda-period from him, they can only return to each other after she has made another marriage."

While I was going with the Prophet through the ruins of Medina and he was reclining on a date-palm leaf stalk, some Jews passed by. Some of them said to the others: Ask him (the Prophet) about the spirit. Some of them said that they should not ask him that question as he might give a reply which would displease them. But some of them insisted on asking, and so one of them stood up and asked, "O Abul-Qasim ! What is the spirit?" The Prophet remained quiet. I thought he was being inspired Divinely. So I stayed till that state of the Prophet (while being inspired) was over. The Prophet then said, "And they ask you (O Muhammad) concerning the spirit --Say: The spirit -- its knowledge is with my Lord. And of knowledge you (mankind) have been given only a little)." (17.85)

I asked `Aisha, "How is the prayer of Allah's Apostle during the month of Ramadan." She said, "Allah's Apostle never exceeded eleven rak`at in Ramadan or in other months; he used to offer four rak`at-- do not ask me about their beauty and length, then four rak`at, do not ask me about their beauty and length, and then three rak`at." Aisha further said, "I said, 'O Allah's Apostle! Do you sleep before offering the witr prayer?' He replied, 'O `Aisha! My eyes sleep but my heart remains awake'!"

Once the sun eclipsed and Allah's Apostle stood up for the prayer and recited a very long Sura and when bowed for a long while and then raised his head and started reciting another Sura. Then he bowed, and after finishing, he prostrated and did the same in the second rak`a and then said, "These (lunar and solar eclipses) are two of the signs of Allah and if you see them, pray till the eclipse is over. No doubt, while standing at this place I saw everything promised to me by Allah and I saw (Paradise) and I wanted to pluck a bunch (of grapes) therefrom, at the time when you saw me stepping forward. No doubt, I saw Hell with its different parts destroying each other when you saw me retreating and in it I saw `Amr bin Luhai who started the tradition of freeing animals (set them free) in the name of idols."

"I read in the Tawrah that the blessing for food is in the Wudu' after it. So I mentioned that to the Prophet (saws), telling him what I read in the Tawrah. So the Messenger of Allah (saws) said: 'The food's blessing is in the Wudu' before it and the Wudu' after it.'"

He said: There are narrations on this topic from Anas and Abu Hurairah.

[Abu 'Eisa said:] We do not know of this Hadith except as a narration of Qais bin Ar-Rabi'. Qais [bin Ar-Rabi'] was graded weak in Hadith. Abu Hashim Ar-Rumani's (a narrator in the chain) name is Yahya bin Dinar.

Abdu Khayr said: Ali came upon us and he had already offered prayer. He called for water. We asked: What will you do with water when you have already offered prayer? - Perhaps to teach us. A utensil containing water and a wash-basin were brought (to him).

He poured water from the utensil on his right hand and washed both his hands three times, rinsed the mouth, snuffed up water and cleansed the nose three times. He then rinsed the mouth and snuffed up water with the same hand by which he took water. He then washed his face three times, and washed his right hand three times and washed his left hand three times. He then put his hand in water and wiped his head once.

He then washed his right foot thrice and left foot thrice, then said: If one is pleased to know the method of performing ablution of the Messenger of Allah, this is how he did it.

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

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

Ishaq ibn Abdullah ibn Kinanah reported: Al-Walid ibn Utbah or (according to the version of Uthman) al-Walid ibn Uqbah, the then governor of Medina, sent me to Ibn Abbas to ask him about the prayer for rain offered by the Messenger of Allah (saws). He said: The Messenger of Allah (saws) went out wearing old clothes in a humble and lowly manner until he reached the place of prayer. He then ascended the pulpit, but he did not deliver the sermon as you deliver (usually). He remained engaged in making supplication, showing humbleness (to Allah) and uttering the takbir (Allah is most great). He then offered two rak'ahs of prayer as done on the 'Id (festival).

Abu Dawud said: This is the version of al-Nufail. What is correct is Ibn Utbah's

A hadith like this have been narrated on the authority of Nafi', who based his narrations of the words of Ibn 'Umar but with a slight variation of words.

That a woman was found killed in one of the expeditions of the Messenger of Allah (saws), so the Messenger of Allah (saws) rebuked that, and he prohibited killing women and children.

There are narrations on this topic from Buraidah and Rabah - and they say he was Riyah - bin Ar-Rabi', Al-Aswad bin Sari', Ibn 'Abbas, and As-Sa'b bin Jaththamah.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. This is acted upon according to some of the people of knowledge among the Companions of the Prophet (saws) and others. They disliked killing women and children. This is the view of Sufyan Ath-Thawri and Ash-Shafi'i.

Some of the people of knowledge made an exception for killing the women who had children with them during night attacks, this is the view of Ahmad and Ishaq, they permitted it in night attacks.

That the Messenger of Allah (saws) said: "Do not precede the Jews and the Christians with the Salam. And if one you meets one of them in the path, then force him to its narrow portion."

[He said:] There are narrations on this topic from Ibn 'Umar, Anas, and Abu Basrah Al-Ghifari the Companion of the Prophet (saws).

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And regarding the meaning of this Hadith: "Do not precede the Jews and the Christians": Some of the poeple of knowledge said that it only means that it is disliked because it would be honoring them, and the Muslims were ordered to humiliate them. For this reason, when one of them is met on the path, then the path is not yielded for him, because doing so would amount to honoring them.

"It was said, 'O Messenger of Allah, what equals Jihad?' He said: 'Verily, you (people) are not capable of it.' So they repeated it to him two or three times, each time he said, 'You (people) are not capable of it.' Then he said the third time: 'The example of the Mujahid in the path of Allah is like the one who fasts and stands (in prayer) and does not slacken from Salat, nor fasting, until the Mujahid in the cause of Allah returns.'"

There are narrations on this topic from Ash-Shifa', 'Abdullah bin Hubshi, Abu Musa', Abu Sa'eed, Umm Malik Al-Bahziyyah, and Anas.

This Hadith is a Hasan Sahih. And it has been reported through more than one route from Abu Hurairah from the Prophet (saws).

That the Messenger of Allah (saw) said: "The forelocks of horses contain good until the Day of Judgement. The horse is for three (purposes): It is for one man a reward, and it is for one man a shelter (from poverty), and it is from one man a burden. As for the one who acquires it for the cause of Allah and then prepares it for that; it is for him a reward, nothing disappears into its stomach except that Allah writes it for him as a reward."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Malik bin Anas narrated similar to this Hadith from Zaid bin Aslam from Abu Salih from Abu Hurairah, from the Prophet (saws).

Ibn 'Abbas reported that Allah's Messenger (may peace be upon him) was the most generous of people in charity, but he was generous to the utmost in the month of Ramadan. Gabriel (peace be upon him) would meet him every year during the month of Ramadin until it ended, and Allah's Messenger (may peace be upon him) recited to him the Qur'an; and when Gabriel met him Allah's Messenger (may peace be upon him) was most generous in giving charity like the blowing wind.

Once we were in the company of Allah's Apostle in a cave. Surat-al-Mursalat (77) was revealed there, and we were learning it from Allah's Apostle . Suddenly a snake came out of its hole and we rushed towards it to kill it, but it hastened and entered its hole before we were able to catch it. Allah's Apostle said," It has been saved from your evil and you have been saved from its evil."

That while he was with a delegation from Quraish to Muawiya, the latter heard the news that `Abdullah bin `Amr bin Al-`As said that there would be a king from the tribe of Qahtan. On that Muawiya became angry, got up and then praised Allah as He deserved, and said, "Now then, I have heard that some men amongst you narrate things which are neither in the Holy Book, nor have been told by Allah's Apostle. Those men are the ignorant amongst you. Beware of such hopes as make the people go astray, for I heard Allah's Apostle saying, 'Authority of ruling will remain with Quraish, and whoever bears hostility to them, Allah will destroy him as long as they abide by the laws of the religion.' "

We complained to Allah's Apostle (of the persecution inflicted on us by the infidels) while he was sitting in the shade of the Ka`ba, leaning over his Burd (i.e. covering sheet). We said to him, "Would you seek help for us? Would you pray to Allah for us?" He said, "Among the nations before you a (believing) man would be put in a ditch that was dug for him, and a saw would be put over his head and he would be cut into two pieces; yet that (torture) would not make him give up his religion. His body would be combed with iron combs that would remove his flesh from the bones and nerves, yet that would not make him abandon his religion. By Allah, this religion (i.e. Islam) will prevail till a traveler from Sana (in Yemen) to Hadrarmaut will fear none but Allah, or a wolf as regards his sheep, but you (people) are hasty.

Who was Ka`b's guide when Ka`b turned blind: I heard Ka`b bin Malik narrating: When he remained behind (i.e. did not Join) the Prophet in the Ghazwa of Tabuk. Ibn Bukair, in his narration stated that Ka`b said, " I witnessed the Al-`Aqaba pledge of allegiance at night with the Prophet when we jointly agreed to support Islam with all our efforts I would not like to have attended the Badr battle instead of that 'Aqaba pledge although Badr is more well-known than it, amongst the people."

While I was praying in the Mosque, Allah's Apostle called me but I did not respond to him. Later I said, "O Allah's Apostle! I was praying." He said, "Didn't Allah say'--"Give your response to Allah (by obeying Him) and to His Apostle when he calls you." (8.24) He then said to me, "I will teach you a Sura which is the greatest Sura in the Qur'an, before you leave the Mosque." Then he got hold of my hand, and when he intended to leave (the Mosque), I said to him, "Didn't you say to me, 'I will teach you a Sura which is the greatest Sura in the Qur'an?' He said, "Al-Hamdu-Li l-lah Rabbi-l-`alamin (i.e. Praise be to Allah, the Lord of the worlds) which is Al-Sab'a Al-Mathani (i.e. seven repeatedly recited Verses) and the Grand Qur'an which has been given to me."

The Messenger of Allah (saws) would be overtaken by the dawn when he was in a state of sexual defilement. The narrator 'Abd Allah al-Adhrami said in his version: During Ramadan, due to sexual intercourse and no owing to a dream (i.e. nocturnal emission), and would fast.

Abu Dawud said: How brief is this sentence uttered by the narrator, this is, "he was overtaken by daw when he was in the state of sexual defilement"? The tradition says: The Prophet (saws) was overtaken by dawn in the state of sexual defilement when he was fasting.

(wife of the Prophet) Since I reached the age when I could remember things, I have seen my parents worshipping according to the right faith of Islam. Not a single day passed but Allah's Apostle visited us both in the morning and in the evening. When the Muslims were persecuted, Abu Bakr set out for Ethiopia as an emigrant. When he reached a place called Bark-al-Ghimad, he met Ibn Ad-Daghna, the chief of the Qara tribe, who asked Abu Bakr, "Where are you going?" Abu Bakr said, "My people have turned me out of the country and I would like to tour the world and worship my Lord." Ibn Ad- Daghna said, "A man like you will not go out, nor will he be turned out as you help the poor earn their living, keep good relation with your Kith and kin, help the disabled (or the dependents), provide guests with food and shelter, and help people during their troubles. I am your protector. So, go back and worship your Lord at your home." Ibn Ad-Daghna went along with Abu Bakr and took him to the chiefs of Quraish saying to them, "A man like Abu Bakr will not go out, nor will he be turned out. Do you turn out a man who helps the poor earn their living, keeps good relations with Kith and kin, helps the disabled, provides guests with food and shelter, and helps the people during their troubles?" So, Quraish allowed Ibn Ad-Daghna's guarantee of protection and told Abu- Bakr that he was secure, and said to Ibn Ad-Daghna, "Advise Abu Bakr to worship his Lord in his house and to pray and read what he liked and not to hurt us and not to do these things publicly, for we fear that our sons and women may follow him." Ibn Ad-Daghna told Abu Bakr of all that, so Abu- Bakr continued worshipping his Lord in his house and did not pray or recite Qur'an aloud except in his house. Later on Abu Bakr had an idea of building a mosque in the court yard of his house. He fulfilled that idea and started praying and reciting Qur'an there publicly. The women and the offspring of the pagans started gathering around him and looking at him astonishingly. Abu Bakr was a softhearted person and could not help weeping while reciting Qur'an. This horrified the pagan chiefs of Quraish. They sent for Ibn Ad-Daghna and when he came, they said, "We have given Abu Bakr protection on condition that he will worship his Lord in his house, but he has transgressed that condition and has built a mosque in the court yard of his house and offered his prayer and recited Qur'an in ...

On the authority of his father (Sa'd) and his grandfather (Dumayrah) (according to Musa's version) who were present in the battle of Hunayn with the Messenger of Allah (saws): After the advent of Islam, Muhallam ibn Jaththamah al-Laythi killed a man of Ashja'.

That was the first blood-money decided by the Messenger of Allah (saws) (for payment). Uyaynah spoke about the killing of al-Ashja'i, for he belonged to Ghatafan, and al-Aqra' ibn Habis spoke on behalf of Muhallam, for he belonged to Khunduf. The voices rose high, and the dispute and noise grew.

So the Messenger of Allah (saws) said: Do you not accept blood-money, Uyaynah?

Uyaynah then said: No, I swear by Allah, until I cause his women to suffer the same fighting and grief as he caused my women to suffer. Again the voices rose high, and the dispute and noise grew.

The Messenger of Allah (saws) said: Do you not accept the blood-money Uyaynah? Uyaynah gave the same reply as before, and a man of Banu Layth called Mukaytil stood up. He had a weapon and a skin shield in his hand.

He said: I do not find in the beginning of Islam any illustration for what he has done except the one that "some sheep came on, and those in the front were shot; hence those in the rear ran away". (The other example is that) "make a law today and change it."

The Messenger of Allah (saws) said: Fifty (camels) here immediately and fifty when we return to Medina. This happened during some of his journeys. Muhallam was a tall man of dark complexion. He was with the people. They continued (to make effort for him) until he was released. He sat before the Messenger of Allah (saws), with his eyes flowing.

He said: Messenger of Allah! I have done (the act) of which you have been informed. I repent to Allah, the Exalted, so ask Allah's forgiveness for me. Messenger of Allah!

The Messenger of Allah (saws) then said: Did you kill him with your weapon at the beginning of Islam. O Allah! do not forgive Muhallam. He said these words loudly.

AbuSalamah added: He (Muhallam) then got up while he was wiping his tears with the end of his garment.

Ibn Ishaq said: His people alleged that the Messenger of Allah (saws) asked forgiveness for him after that.

Abu Dawud said: Al-Nadr b. Shumail said: al-ghiyar means blood-wit.

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 ...

Allah's Apostle sent some men from the Ansar to ((kill) Abu Rafi`, the Jew, and appointed `Abdullah bin Atik as their leader. Abu Rafi` used to hurt Allah's Apostle and help his enemies against him. He lived in his castle in the land of Hijaz. When those men approached (the castle) after the sun had set and the people had brought back their livestock to their homes. `Abdullah (bin Atik) said to his companions, "Sit down at your places. I am going, and I will try to play a trick on the gate-keeper so that I may enter (the castle)." So `Abdullah proceeded towards the castle, and when he approached the gate, he covered himself with his clothes, pretending to answer the call of nature. The people had gone in, and the gate-keeper (considered `Abdullah as one of the castle's servants) addressing him saying, "O Allah's Servant! Enter if you wish, for I want to close the gate." `Abdullah added in his story, "So I went in (the castle) and hid myself. When the people got inside, the gate-keeper closed the gate and hung the keys on a fixed wooden peg. I got up and took the keys and opened the gate. Some people were staying late at night with Abu Rafi` for a pleasant night chat in a room of his. When his companions of nightly entertainment went away, I ascended to him, and whenever I opened a door, I closed it from inside. I said to myself, 'Should these people discover my presence, they will not be able to catch me till I have killed him.' So I reached him and found him sleeping in a dark house amidst his family, I could not recognize his location in the house. So I shouted, 'O Abu Rafi`!' Abu Rafi` said, 'Who is it?' I proceeded towards the source of the voice and hit him with the sword, and because of my perplexity, I could not kill him. He cried loudly, and I came out of the house and waited for a while, and then went to him again and said, 'What is this voice, O Abu Rafi`?' He said, 'Woe to your mother! A man in my house has hit me with a sword! I again hit him severely but I did not kill him. Then I drove the point of the sword into his belly (and pressed it through) till it touched his back, and I realized that I have killed him. I then opened the doors one by one till I reached the staircase, and thinking that I had reached the ground, I stepped out and fell down and got my leg broken in a moonlit night. I tied my leg with a turban and proceeded on till I sat at the gate, and said, 'I will not go out tonight ...

Al-Mughirah (ibn Shu'bah) said: Umar ibn AbdulAziz gathered the family of Marwan when he was made caliph, and he said: Fadak belonged to the Messenger of Allah (saws), and he made contributions from it, showing repeated kindness to the poor of the Banu Hashim from it, and supplying from it the cost of marriage for those who were unmarried. Fatimah asked him to give it to her, but he refused. That is how matters stood during the lifetime of the Messenger of Allah (saws) till he passed on (i.e. died).

When AbuBakr was made ruler he administered it as the Prophet (saws) had done in his lifetime till he passed on. Then when Umar ibn al-Khattab was made ruler he administered it as they had done till he passed on. Then it was given to Marwan as a fief, and it afterwards came to Umar ibn AbdulAziz.

Umar ibn AbdulAziz said: I consider I have no right to something which the Messenger of Allah (saws) refused to Fatimah, and I call you to witness that I have restored it to its former condition; meaning in the time of the Messenger of Allah (saws).

Abu Dawud said: When 'Umar b. 'Abd al-'Aziz was made caliph its revenue was forty thousand dinars, and when he died its revenue was four hundred dinars. Had he remained alive, it would have been less than it.

A blind man had a slave-mother who used to abuse the Prophet (saws) and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet (saws) and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. A child who came between her legs was smeared with the blood that was there. When the morning came, the Prophet (saws) was informed about it.

He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up.

He sat before the Prophet (saws) and said: Messenger of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her.

Thereupon the Prophet (saws) said: Oh be witness, no retaliation is payable for her blood.