Yahya related to me from Malik from Nafi that Abdullah ibn Umar urinated in the market place and then did wudu, washing his face and hands and wiping his head. Then as soon as he had come into the mosque, he was called to pray over a dead person, so he wiped over his leather socks and prayed.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "The Messenger of Allah, may Allah bless him and grant him peace, used to pray thirteen rakas in the night and then would pray two rakas when he heard the adhan for the subh prayer."

Maimuna said, "Allah's Apostle was praying while I was in my menses, sitting beside him and sometimes his clothes would touch me during his prostration." Maimuna added, "He prayed on a Khumra (a small mat sufficient just for the face and the hands while prostrating during prayers).

I said: Messenger of Allah, tell us the legal injunction about (visiting) Bayt al-Muqaddas (the dome of the Rock at Jerusalem). The Messenger of Allah (saws) said: go and pray there. All the cities at that time were effected by war. If you cannot visit it and pray there, then send some oil to be used in the lamps.

Sulayman, the freed slave of Maymunah, said: I came to Ibn Umar at Bilat (a place in Medina) while the people were praying. I said: Do you not pray along with them? He said: I heard the Messenger of Allah (saws) say: Do not say a prayer twice in a day.

Yazid ibn Abdullah said that Abdullah ibn Amr asked the Prophet (saws): In how many days should I complete the recitation of the whole Qur'an, Messenger of Allah?

He replied: In one month.

He said: I am more energetic to complete it in a period less than this. He kept on repeating these words and lessening the period until he said: Complete its recitation in seven days.

He again said: I am more energetic to complete it in a period less than this.

The Prophet (saws) said: He who finishes the recitation of the Qur'an in less than three days does not understand it.

The Messenger of Allah (saws) married me when I was seven or six. When we came to Medina, some women came. according to Bishr's version: Umm Ruman came to me when I was swinging. They took me, made me prepared and decorated me. I was then brought to the Messenger of Allah (saws), and he took up cohabitation with me when I was nine. She halted me at the door, and I burst into laughter.

Abu Dawud said: That is to say: I menstruated, and I was brought in a house, and there were some women of the Ansari in it. They said: With good luck and blessing. The tradition of one of them has been included in the other.

My father died and left seven or nine girls and I married a matron. Allah's Apostle said to me, "O Jabir! Have you married?" I said, "Yes." He said, "A virgin or a matron?" I replied, "A matron." he said, "Why not a virgin, so that you might play with her and she with you, and you might amuse her and she amuse you." I said, " `Abdullah (my father) died and left girls, and I dislike to marry a girl like them, so I married a lady (matron) so that she may look after them." On that he said, "May Allah bless you," or "That is good."

Zaid bin Haritha came to the Prophet complaining about his wife. The Prophet kept on saying (to him), "Be afraid of Allah and keep your wife." Aisha said, "If Allah's Apostle were to conceal anything (of the Qur'an he would have concealed this Verse." Zainab used to boast before the wives of the Prophet and used to say, "You were given in marriage by your families, while I was married (to the Prophet) by Allah from over seven Heavens." And Thabit recited, "The Verse:-- 'But (O Muhammad) you did hide in your heart that which Allah was about to make manifest, you did fear the people,' (33.37) was revealed in connection with Zainab and Zaid bin Haritha."

Um 'Atiyya said, "One of the daughters of the Prophet died and he came out and said, 'Wash her three or five times or more, if you think it necessary, with water and Sidr, and last of all put camphor (or some camphor) and when you finish, inform me.' " Um Atiyya added, "When we finished we informed him and he gave us his waist-sheet and said, 'Shroud her in it.' " And Um 'Atiyya (in another narration) added, "The Prophet said, 'Wash her three, five or seven times or more, if you think it necessary.' " Hafsa said that Um 'Atiyya had also said, "We entwined her hair into three braids."

We asked Ibn `Umar: "May a man have sexual relations with his wife during the Umra before performing Tawaf between Safa and Marwa?" He said, "Allah's Apostle arrived (in Mecca) and circumambulated the Ka`ba seven times, then offered two rak`at behind Maqam Ibrahim (the station of Abraham), then performed Tawaf between Safa and Marwa." Ibn `Umar added, "Verily! In Allah's Apostle you have a good example." And I asked Jabir bin `Abdullah (the same question), and he replied, "You should not go near your wives (have sexual relations) till you have finished Tawaf between Safa and Marwa. "

Yahya said that Malik said, "The person who puts up the principal must not stipulate that he has something of the profit alone without the agent sharing in it, nor must the agent stipulate that he has something of the profit alone without the investor sharing. In qirad, there is no sale, no rent, no work, no advance, and no convenience which one party specifies to himself without the other party sharing unless one party allows it to the other unconditionally as a favour and that is alright to both. Neither of the parties should make a condition over the other which increases him in gold or silver or food over the other party."

He said, "If any of that enters the qirad, it becomes hire, and hire is only good with known and fixed terms. The agent should not stipulate when he takes the principal that he repay or commission anyone with the goods, nor that he take any of them for himself. When there is a profit, and it is time to separate the capital, then they divide the profit according to the terms of the contract. If the principal does not increase or there is a loss, the agent does not have to make up for what he spent on himself or for the loss. That falls to the investor from the principal. Qirad is permitted upon whatever terms the investor and the agent make a mutual agreement, of half the profit, or a third or a fourth or whatever."

Malik said, "It is not permitted for the agent to stipulate that he use the qirad money for a certain number of years and that it not be taken from him during that time."

He said, "It is not good for the investor to stipulate that the qirad money should not be returned for a certain number of years which are specified, because the qirad is not for a term. The investor loans it to an agent to use for him. If it seems proper to either of them to abandon the project and the money is coin, and nothing has been bought with it, it can be abandoned, and the investor takes his money back. If it seems proper to the investor to take the qirad loan back after goods have been purchased with it, he cannot do so until the buyer has sold the goods and they have become money. If it seems proper to the agent to return the loan, and it has been turned to goods he cannot do so until he has sold them. He returns the loan in cash as he took it."

Malik said, "It is not good for the investor to stipulate that the agent pay any zakat due from his portion of the profit in particular, because the investor by stipulating that, stipulates fixed increase for himself from the profit because the portion of zakat he would be liable for by his portion of the profit, is removed from him.

"It is not permitted for the investor to stipulate to the agent to only buy from so-and-so, referring to a specific man. That is not permitted because by doing so he would become his hireling for a wage."

Malik spoke about an investor in qirad who stipulated a guarantee for an amount of money from the agent, "The investor is not permitted to stipulate conditions about his principal other than the conditions on which qirad is based or according to the precedent of the sunna of the Muslims. If the principal is increased by the condition of guarantee, the investor has increased his share of the profit because of the position of the guarantee. But the profit is only to be divided according to what it would have been had the loan been given without the guarantee. If the principal is destroyed, I do not think that the agent has a guarantee held against him because the stipulation of guarantees in qirad is null and void."

Malik spoke about an investor who gave qirad money to a man and the man stipulated that he would only buy palms or animals with it because he sought to eat the dates or the offspring of the animals and he kept them for some time to use for himself. He said, "That is not permitted. It is not the sunna of the Muslims in qirad unless he buys it and then sells it as other goods are sold."

Malik said, "There is no harm in the agent stipulating on the investor a slave to help him provided that the slave stands to gain along with him out of the investment, and when the slave only helps him with the investment, not with anything else."

Malik said, "The best of what is said about a man who buys the mukatab of a man is that if the man wrote the slave's kitaba for dinars or dirhams, he does not sell him unless it is for merchandise which is paid immediately and not deferred, because if it is deferred, it would be a debt for a debt. A debt for a debt is forbidden."

He said, "If the master gives a mukatab his kitaba for certain merchandise of camels, cattle, sheep, or slaves, it is more correct that the buyer buy him for gold, silver, or different goods than the ones his master wrote the kitaba for, and that must be paid immediately, not deferred."

Malik said, "The best of what I have heard about a mukatab when he is sold is that he is more entitled to buy his kitaba than the one who buys him if he can pay his master the price for which he was sold in cash. That is because his buying himself is his freedom, and freedom has priority over what bequests accompany it. If one of those who have written the kitaba for the mukatab sells his portion of him, so that a half, a third, a fourth, or whatever share of the mukatab is sold, the mukatab does not have the right of pre-emption in what is sold of him. That is because it is like the severance of a partner, and a partner can only make a settlement for a partner of the one who is mukatab with the permission of his partners because what is sold of him does not give him complete rights as a free man and his property is barred from him, and by buying part of himself, it is feared that he will become incapable of completing payment because of what he had to spend. That is not like the mukatab buying himself completely unless whoever has some of the kitaba remaining due to him gives him permission. If they give him permission, he is more entitled to what is sold of him."

Malik said, "Selling one of the instalments of a mukatab is not halal. That is because it Is an uncertain transaction. If the mukatab cannot pay it, what he owes is nullified. If he dies or goes bankrupt and he owes debts to people, then the person who bought his instalment does not take any of his portion with the creditors. The person who buys one of the instalments of the mukatab is in the position of the master of the mukatab. The master of the mukatab does not have a share with the creditors of the mukatab for what he is owed of the kitaba of his slave. It is also like that with the kharaj, (a set amount deducted daily from the slave against his earnings), which accumulates for a master from the earnings of his slave. The creditors of his slave do not allow him a share for what has accumulated for him from those deductions."

Malik said, "There is no harm in a mukatab paying off his kitaba with coin or merchandise other than the merchandise for which he wrote his kitaba if it is identical with it, on time (for the instalment) or delayed. "

Malik said that if a mukatab died and left an umm walad and small children by her or by someone else and they could not work and it was feared that they would be unable to fulfil their kitaba, the umm walad of the father was sold if her price would pay all the kitaba for them, whether or not she was their mother. They were paid for and set free because their father did not forbid her sale if he feared that he would be unable to complete his kitaba. If her price would not pay for them and neither she nor they could work, they all reverted to being slaves of the master.

Malik said, "What is done among us in the case of a person who buys the kitaba of a mukatab, and then the mukatab dies before he has paid his kitaba, is that the person who bought the kitaba inherits from him. If, rather than dying, the mukatab cannot pay, the buyer has his person. If the mukatab pays his kitaba to the person who bought him and he is freed, his wala' goes to the person who wrote the kitaba and the person who bought his kitaba does not have any of it."

The first event of Qasama in the pre-lslamic period of ignorance was practiced by us (i.e. Banu Hashim). A man from Banu Hashim was employed by a Quraishi man from another branch-family. The (Hashimi) laborer set out with the Quraishi driving his camels. There passed by him another man from Banu Hashim. The leather rope of the latter's bag had broken so he said to the laborer, "Will you help me by giving me a rope in order to tie the handle of my bag lest the camels should run away from me?" The laborer gave him a rope and the latter tied his bag with it. When the caravan halted, all the camels' legs were tied with their fetters except one camel. The employer asked the laborer, "Why, from among all the camels has this camel not been fettered?" He replied, "There is no fetter for it." The Quraishi asked, "Where is its fetter?" and hit the laborer with a stick that caused his death (later on Just before his death) a man from Yemen passed by him. The laborer asked (him), "Will you go for the pilgrimage?" He replied, "I do not think I will attend it, but perhaps I will attend it." The (Hashimi) laborer said, "Will you please convey a message for me once in your life?" The other man said, "yes." The laborer wrote: 'When you attend the pilgrimage, call the family of Quraish, and if they respond to you, call the family of Banu Hashim, and if they respond to you, ask about Abu Talib and tell him that so-and-so has killed me for a fetter." Then the laborer expired. When the employer reached (Mecca), Abu Talib visited him and asked, "What has happened to our companion?" He said, "He became ill and I looked after him nicely (but he died) and I buried him." Then Abu Talib said, "The deceased deserved this from you." After some time, the messenger whom the laborer has asked to convey the message, reached during the pilgrimage season. He called, "O the family of Quraish!" The people replied, "This is Quraish." Then he called, "O the family of Banu Hashim!" Again the people replied, "This is Banu Hashim." He asked, "Who is Abu Talib?" The people replied, "This is Abu Talib." He said, "'So-and-so has asked me to convey a message to you that so-and-so has killed him for a fetter (of a camel)." Then Abu Talib went to the (Quraishi) killer and said to him, "Choose one of three alternatives: (i) If you wish, give us one-hundred camels because you have murdered our companion, (ii) or if you wish, fifty of your men should take an oath that you have not murdered our companion, and if you do not accept this, (iii) we will kill you in Qisas." The killer went to his people and they said, "We will take an oath." Then a woman from Banu Hashim who was married to one of them (i.e.the Quraishis) and had given birth to a child from him, came to Abu Talib and said, "O Abu Talib! I wish that my son from among the fifty men, should be excused from this oath, and that he should not take the oath where the oathtaking is carried on." Abu Talib excused him. Then another man from them came (to Abu Talib) and said, "O Abu Talib! You want fifty persons to take an oath instead of giving a hundred camels, and that means each man has to give two camels (in case he does not take an oath). So there are two camels I would like you to accept from me and excuse me from taking an oath where the oaths are taken. Abu Talib accepted them from him. Then 48 men came and took the oath. Ibn `Abbas further said:) By Him in Whose Hand my life is, before the end of that year, none of those 48 persons remained alive.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said that Abu Hurayra was asked, "May a man pray in one garment?" He said, "Yes." The man then said to him "Do you do that?" and he replied, "Yes, I pray in one garment while my clothes are on the clothes-rack."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar passed by a man who was praying and said, "Peace be upon you," and the man replied to him. Abdullah ibn Umar returned to him and said, "When someone says, 'Peace be upon you' to you while you are praying do not reply, but give a signal with your hand."

The Prophet (saws) said about the woman having a prolonged flow of blood: She should abandon prayer during her menstrual period: then she should take a bath and pray. She should perform ablution for every prayer.

Abu Dawud said: 'Uthman added: She should keep fast and pray.

Ikrimah said: Umm Habibah daughter of Jahsh had a prolonged flow of blood. The Prophet (saws) commanded her to refrain (from prayer) during her menstrual period; then she should wash and pray, if she sees anything (which renders ablution void) she should perform ablution and pray.

Abu Dawud said: This tradition has been transmitted from al-Zuhri by Ma'mar, Malik, Ibn 'Uyainah, Shu'aib b. Abi Hamzah, and al-Laith b. Sa'd and others; but they did not mention the time in which he (the Prophet) had prayer, nor did they explain it. And similarly it has been narrated by Hisham b. 'Urwah and Habib b. Abu Mazruq from 'Urwah like the report of Ma'mar and his companions. But Habib did not make a mention of Bashir. And Wahb b. Kaisan reported on the authority of Jabir from the Prophet (saws) the time of the Maghrib prayer. He said: "Next day he (Gabriel) came to him at the time of the Maghrib prayer when the sun had already set. (He came both days) at the same time."

Abu Dawud said: Similarly, this tradition has been transmitted by Abu Hurairah from the Prophet (saws). He said: "Then he (Gabriel) led me in the sunset prayer next day at the same time."

Similarly, this tradition has been narrated through a different chain by 'Abd Allah b. 'Amr b. al-'As, through a chain from Hassan b. 'Atiyyah, from 'Amr b. Shu'aib, from his father, on the authority from the Prophet (saws).

Malik said, "Someone who has a nosebleed on the day of jumua while the imam is giving the khutba and he leaves and does not come back until the imam has finished the prayer, should pray four rakas.''

Malik said that someone who prayed a raka with the imam on the day of jumua, then had a nosebleed and left and came back and the imam had prayed both rakas, should complete the prayer with another raka as long as he had not spoken.

Malik said, "If some one has a nosebleed, or something happens to him and he has no alternative but to leave, he does not have to ask permission of the imam if he wants to leave on the day of jumua."

Ibn `Umar said, "The Prophet arrived at Mecca and sent for `Uthman bin Talha. He opened the gate of the Ka`ba and the Prophet, Bilal, Usama bin Zaid and `Uthman bin Talha entered the Ka`ba and then they closed its door (from inside). They stayed there for an hour, and then came out." Ibn `Umar added, "I quickly went to Bilal and asked him (whether the Prophet had prayed). Bilal replied, 'He prayed in it.' I asked, 'Where?' He replied, 'Between the two pillars.' "Ibn `Umar added, "I forgot to ask how many rak`at he (the Prophet) had prayed in the Ka`ba."

The Prophet (saws) said: Seek it (laylat al-Qadr) in the last ten days of Ramadan. Seek it on the ninth, seventh and fifth night. I (AbuNadrah) said: You know counting better than us, AbuSa'id. He said: Yes. I asked: What do you mean by the ninth, seventh and fifth night? He said: When the twenty-first night passes, the night which follows it is the night; when the twenty-third night passes, the night which follows it is the seventh; when the twenty-fifth passes, the night which follows it is the fifth.

Abu Dawud said: I do not know whether anything remained hidden from me or not.

Muhammad ibn al-Ash'ath said: Al-Ash'ath bought slaves of booty from Abdullah ibn Mas'ud for twenty thousand (dirhams. Abdullah asked him for payment of their price. He said: I bought them for ten thousand (dirhams). Abdullah said: Appoint a man who may adjudicate between me and you. Al-Ash'ath said: (I appoint) you between me and yourself. Abdullah said: I heard the Messenger of Allah (saws) say: If both parties in a business transaction differ (on the price of an article), and they have witness between them, the statement of the owner of the article will be accepted (as correct) or they may annul the transaction.

Allah's Apostle said, "If one says one-hundred times in one day: "None has the right to be worshipped but Allah, the Alone Who has no partners, to Him belongs Dominion and to Him belong all the Praises, and He has power over all things (i.e. Omnipotent)", one will get the reward of manumitting ten slaves, and one-hundred good deeds will be written in his account, and one-hundred bad deeds will be wiped off or erased from his account, and on that day he will be protected from the morning till evening from Satan, and nobody will be superior to him except one who has done more than that which he has done."

It was forbidden to pray with the hands over one's hips.

Allah's Apostle sent out ten spies under the command of `Asim bin Thabit Al-Ansari, the grand-father of `Asim bin `Umar Al-Khattab. When they reached (a place called) Al-Hadah between 'Usfan and Mecca, their presence was made known to a sub-tribe of Hudhail called Banu Lihyan. So they sent about one hundred archers after them. The archers traced the footsteps (of the Muslims) till they found the traces of dates which they had eaten at one of their camping places. The archers said, "These dates are of Yathrib (i.e. Medina)," and went on tracing the Muslims' footsteps. When `Asim and his companions became aware of them, they took refuge in a (high) place. But the enemy encircled them and said, "Come down and surrender. We give you a solemn promise and covenant that we will not kill anyone of you." `Asim bin Thabit said, "O people! As for myself, I will never get down to be under the protection of an infidel. O Allah! Inform your Prophet about us." So the archers threw their arrows at them and martyred `Asim. Three of them came down and surrendered to them, accepting their promise and covenant and they were Khubaib, Zaid bin Ad-Dathina and another man. When the archers got hold of them, they untied the strings of the arrow bows and tied their captives with them. The third man said, "This is the first proof of treachery! By Allah, I will not go with you for I follow the example of these." He meant the martyred companions. The archers dragged him and struggled with him (till they martyred him). Then Khubaib and Zaid bin Ad-Dathina were taken away by them and later on they sold them as slaves in Mecca after the event of the Badr battle. The sons of Al-Harit bin `Amr bin Naufal bought Khubaib for he was a person who had killed (their father) Al-Hari bin `Amr on the day (of the battle) of Badr. Khubaib remained imprisoned by them till they decided unanimously to kill him. One day Khubaib borrowed from a daughter of Al-Harith, a razor for shaving his pubic hair, and she lent it to him. By chance, while she was inattentive, a little son of hers went to him (i.e. Khubaib) and she saw that Khubaib had seated him on his thigh while the razor was in his hand. She was so much terrified that Khubaib noticed her fear and said, "Are you afraid that I will kill him? Never would I do such a thing." Later on (while narrating the story) she said, "By Allah, I had never seen a better captive than Khubaib. By Allah, one day I saw him eating from a bunch of grapes in his hand while he was fettered with iron chains and (at that time) there was no fruit in Mecca." She used to say," It was food Allah had provided Khubaib with." When they took him to Al-Hil out of Mecca sanctuary to martyr him, Khubaib requested them. "Allow me to offer a two-rak`at prayer." They allowed him and he prayed two rak`at and then said, "By Allah! Had I not been afraid that you would think I was worried, I would have prayed more." Then he (invoked evil upon them) saying, "O Allah! Count them and kill them one by one, and do not leave anyone of them"' Then he recited: "As I am martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, for this is for the Cause of Allah. If He wishes, He will bless the cut limbs of my body." Then Abu Sarva, 'Ubqa bin Al-Harith went up to him and killed him. It was Khubaib who set the tradition of praying for any Muslim to be martyred in captivity (before he is executed). The Prophet told his companions of what had happened (to those ten spies) on the same day they were martyred. Some Quraish people, being informed of `Asim bin Thabit's death, sent some messengers to bring a part of his body so that his death might be known for certain, for he had previously killed one of their leaders (in the battle of Badr). But Allah sent a swarm of wasps to protect the dead body of `Asim, and they shielded him from the messengers who could not cut anything from his body.

I liked to enter the House (the Ka'bah) and pray therein. The Messenger of Allah (saws) caught me by hand and admitted me to al-Hijr. He then said: Pray in al-Hijr when you intend to enter the House (the Ka'bah), for it is a part of the House (the Ka'bah). Your people shortened it when they built the Ka'bah, and they took it out of the House.

Once a person asked Allah's Apostle (saws) about the night prayer. Allah's Apostle (saws) replied, "The night prayer is offered as two Rak`at followed by two Rak`at and so on and if anyone is afraid of the approaching dawn (Fajr prayer) he should pray one Rak`ah and this will be a Witr for all the Rak`at which he has prayed before."

Yahya related to me from Malik from Muhammad ibn al-Munkadir that the Messenger of Allah, may Allah bless him and grant him peace, was invited to eat, and some bread and meat was brought to him. He ate some of it, and then did wudu and prayed. Then more of the same food was brought and he ate some more and then prayed without doing wudu.

Malik related to me that Abd ar-Rahman ibn al-Qasim heard his father al-Qasim ibn Muhammad say, "I have prayed witr after dawn."

Malik said, "Only a person who oversleeps so that he does not do the witr prays it after dawn. No one should intentionally make his witr after dawn."