Yahya related to me from Malik thal Yahya ibn Said heard al-Qasim ibn Muhammad and Sulayman ibn Yasar both mention that Yahya ibn Said ibn al-As divorced the daughter of Abd ar-Rahman ibn al-Hakam irrevocably, so Abd ar-Rahman ibn al-Hakam took her away A'isha umm al-muminin sent to Marwan ibn al-Hakam who was the Amir of al-Madina at that time. She said, "Fear Allah and make him return the woman to her house." Marwan said in what Sulayman related, ''Abd ar-Rahman has the upper hand over me." Marwan said in what al-Qasim related, "Hasn't the affair of Fatima bint Qays reached you?" A'isha said, "You are forced to mention the story of Fatima " Marwan said, "If you know that evil, whatever evil there was between those two is enough for you." (See hadith 67.)

Malik related to me that Yahya ibn Said said that he heard al- Qasim ibn Muhammad say, "A woman of the Ansar was married to Umar ibn al-Khattab. She bore Asim ibn Umar to him, and then he separated from her. Umar came to Quba and found his son Asim playing in the courtyard of the mosque. He took him by the arm and placed him before him on his mount. The grandmother of the child saw him and argued with Umar about the child so they went to Abu Bakr as-Siddiq. Umar said, 'My son.' The woman said, 'My son.' Abu Bakr said, 'Do not interfere between a child and its mother.' Umar did not repeat his words."

Yahya said that he heard Malik say, "This is what I would have done in that situation."

Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud that one of the Ansar came to the Messenger of Allah, may Allah bless him and grant him peace, with a black slave- girl of his. He said, "Messenger of Allah, I must set a slave free who is a mumina. If you think that she is mumina, I will free her." The Messenger of Allah, may Allah bless him and grant him peace, questioned her, "Do you testify that there is no god but Allah?" She said, "Yes." "Do you testify that Muhammad is the Messenger of Allah?" She said, "Yes." "Are you certain about the rising after death?" She said, "Yes." The Messenger of Allah, may Allah bless him and grant him peace, said, "Free her."

`Affan told us: Shu`bah told us: `Alqamah bin Marthad told me... and he said in it: “Whoever learns the Qur`an or teaches it.”

Yahya related to me from Malik from Muhammad ibn Amr ibn AIqama from Malik ibn Abdullah as-Sadi that Abu Hurayra said, "The one who raises his head and lowers it before the imam - his forelock is in the hand of a shaytan."

Malik said, concerning someone who forgot and raised his head before the imam in ruku or sujud, "The sunna of that is to return to bowing or prostrating and not to wait for the imam to come up. What he has done is a mistake, because the Messenger of Allah, may Allah bless him and grant him peace, said, 'The imam is appointed to be followed as a leader, so do not oppose him.' Abu Hurayra said, 'The one who raises his head and lowers it before the imam - his forelock is in the hand of a shaytan.' "

Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that a man came to Qasim ibn Muhammad and said, "I did the tawaf al- ifada along with my wife, and then I went off onto a mountain path and approached my wife to make love to her, and she said, 'I have not cut my hair yet.' So I bit some of her hair off with my teeth and then had intercourse with her." Qasim laughed and said, "Tell her to cut her hair with some scissors."

Malik said, "To my liking an animal should be sacrificed in an instance such as this, because Abdullah ibn Abbas said, 'Whoever forgets any of his rites on hajj should sacrifice an animal.' "

Yahya related to me from Malik from Muhammad ibn Abd ar-Rahman ibn Sad ibn Zurara that he had heard that Hafsa, the wife of the Prophet, may Allah bless him and grant him peace, killed one of her slave-girls who had used sorcery against her. She was a mudabbara. Hafsa gave the order, and she was killed.

Malik said, "The sorcerer is the one who uses sorcery for himself and no one else uses that for him. It is like the one about whom Allah, the Blessed, the Exalted, said in His Book, 'They know the one who devotes himself to it will have no share in the Next World.' (Sura 2 ayat 102) I think that that person is killed if he does that himself."

That the Messenger of Allah (saws) said: "Dying in the cause of Allah expiates every sin." Jibril said: "Except for debt." So the Messenger of Allah (saws) said: "Except the debt."

[Abu 'Eisa said:] There are narrations on this topic from Ka'b bin 'Ujrah, Jabir, Abu Hurairah, and Abu Qatadah. This Hadith is Gharib, we do not know of it as a Hadith of Abu Bakr (a narrator) except from this Shaikh (Yahya bin Talhah)

He said: I asked Muhammad bin Isma'il about this Hadith and he did not know it. He said: "I think that he intended the Hadith of Humaid, from Anas, from the Prophet (saws) that he said: 'There is none from the people of Paradise who would like to return to the world except for the martyr.'"

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Muhammad ibn Sirin that Umm Atiyya al-Ansariyya said, "The Messenger of Allah, may Allah bless him and grant him peace, came to us when his daughter died and said, 'Wash her three times, or five, or more than that if you think it necessary, with water and lotus leaves, and at the end put on some camphor, or a little camphor, and when you have finished let me know.' When we finished we told him, and he gave us his waist-wrapper and said, 'Shroud her with this.' "

Yahya related to me from Malik, from Muhammad ibn Abd ar-Rahman, from Sulayman ibn Yasar, that when the Messenger of Allah, may Allah bless him and grant him peace, set out for hajj in the year of the farewell hajj, some of his companions went into ihram to do hajj on its own, some of them combined hajj and umra, and some went into ihram to do umra on its own. Those who had gone into ihram to do hajj, or hajj and umra together, did not come out of ihram, whils tthose who had gone into ihram to doumra (on its own) came out of ihram.

Yahya related to me from Malik from AbuRijal Muhammad ibn Abd ar- Rahman from Amra bint Abd ar-Rahman that when A'isha umm al-muminin was doing hajj with women who were expecting their periods, she would hurry them to do the tawaf al-ifada on the Day of Sacrifice. If they started to menstruate after the tawaf al-ifada she did not stop for them but left with them while they were menstruating.

[Abu 'Eisa said:] This Hadith is Hasan Sahih. Umm Kulthum is the daughter of Muhammad bin Abi Bakr As-Siddiq, may Allah be pleased with them.

Abu Dawud said: Ibn 'Umar used to sit in ihtiba position while the imam gave the Friday sermon. Anas b. Malik, Shuraih, Sa'sa'ah b. Sawhan, Sa'id b. al-Musayyib, Ibrahim al-Nakha'i, Makhul, Isma'il, Ismail b. Muhammad b. Sa'd, and Nu'aim b. Sulamah said: There is no harm in sitting in ihtiba position.

Abu Dawud said: I do not know whether anyone considered it disapproved except 'Ubadah b. Nasayy.

"The Messenger of Allah (saws) sent us with an army and said: 'If you see so-and-so, and so-and-so' referring to two men from the Quraish: 'then burn them with fire.' Then, upon our departure, the Messenger of Allah (saws) said: 'I ordered you to burn so-and-so, and so-and-so with fire, and indeed, none punishes with fire except Allah. So if you see them, then kill them.'"

There are narrations on this topic from Ibn 'Abbas and Hamzah bin 'Amr Al-Aslami.

[Abu 'Eisa said:] The Hadith of Abu Hurairah is a Hasan Sahih Hadith. This is acted upon according to the people of knowledge. In this Hadith, Muhammad bin Ishaq mentioned a man (narrating) between Sulaiman bin Yasar and Abu Hurairah. Others reported this Hadith the same as Al-Laith reported it(here, without a man between them). The narration of Al-Laith bin Sa'd is more appropriate and more correct.

"The Prophet (saws) judged that the produce is produce is for the responsible one."

[He said:] This Hadith is Hasan Sahih, Gharib as a Hadith of Hisham bin 'Urwah (a narrator).

[Abu 'Eisa said:] Muslim bin Khalid Az-Zanji reported this Hadith from Hisham, from 'Urwah. Jarir reported it from Hisham as well. It is said that the narration of Jarir has Tadlis in in it, that Jarir committed the Tadlis, he did not hear it from Hisham bin 'Urwah.

As for the meaning of "the produce is for the responsible one," he is the man who purchased the slave then the slave produced for him, and he found some defect in him so he returned him to the seller. Then the produce (of his work) is the purchaser's. In cases similar to this, the produce is for the responsible one.

[Abu 'Eisa said:] Muhammad bin Isma'il called this Hadith Gharib, as a narration of 'Umar bin 'Ali (one of the narrators). I said: "Do you think that he committed Tadlis?" He said:"No".

When Allah's Apostle set out (towards Mecca) during the year of the Conquest (of Mecca) and this news reached (the infidels of Quraish), Abu Sufyan, Hakim bin Hizam and Budail bin Warqa came out to gather information about Allah's Apostle , They proceeded on their way till they reached a place called Marr-az-Zahran (which is near Mecca). Behold! There they saw many fires as if they were the fires of `Arafat. Abu Sufyan said, "What is this? It looked like the fires of `Arafat." Budail bin Warqa' said, "Banu `Amr are less in number than that." Some of the guards of Allah's Apostle saw them and took them over, caught them and brought them to Allah's Apostle. Abu Sufyan embraced Islam. When the Prophet proceeded, he said to Al-Abbas, "Keep Abu Sufyan standing at the top of the mountain so that he would look at the Muslims. So Al-`Abbas kept him standing (at that place) and the tribes with the Prophet started passing in front of Abu Sufyan in military batches. A batch passed and Abu Sufyan said, "O `Abbas Who are these?" `Abbas said, "They are (Banu) Ghifar." Abu Sufyan said, I have got nothing to do with Ghifar." Then (a batch of the tribe of) Juhaina passed by and he said similarly as above. Then (a batch of the tribe of) Sa`d bin Huzaim passed by and he said similarly as above. then (Banu) Sulaim passed by and he said similarly as above. Then came a batch, the like of which Abu Sufyan had not seen. He said, "Who are these?" `Abbas said, "They are the Ansar headed by Sa`d bin Ubada, the one holding the flag." Sa`d bin Ubada said, "O Abu Sufyan! Today is the day of a great battle and today (what is prohibited in) the Ka`ba will be permissible." Abu Sufyan said., "O `Abbas! How excellent the day of destruction is! "Then came another batch (of warriors) which was the smallest of all the batches, and in it there was Allah's Apostle and his companions and the flag of the Prophet was carried by Az-Zubair bin Al Awwam. When Allah's Apostle passed by Abu Sufyan, the latter said, (to the Prophet), "Do you know what Sa`d bin 'Ubada said?" The Prophet said, "What did he say?" Abu Sufyan said, "He said so-and-so." The Prophet said, "Sa`d told a lie, but today Allah will give superiority to the Ka`ba and today the Ka`ba will be covered with a (cloth) covering." Allah's Apostle ordered that his flag be fixed at Al-Hajun. Narrated `Urwa: Nafi` bin Jubair bin Mut`im said, "I heard Al-Abbas saying to Az-Zubair bin Al- `Awwam, 'O Abu `Abdullah ! Did Allah's Apostle order you to fix the flag here?' " Allah's Apostle ordered Khalid bin Al-Walid to enter Mecca from its upper part from Ka'da while the Prophet himself entered from Kuda. Two men from the cavalry of Khalid bin Al-Wahd named Hubaish bin Al-Ash'ar and Kurz bin Jabir Al-Fihri were martyred on that day.

I found in my notebook from Shaiban and I did not hear from him ; Abu Bakr, a reliable friend of ours, said: Shaiban - Muhammad b. Rashid - Sulaiman b. Musad - 'Amr b. Suh'aib, On his father's authority, said that his grandfather said: The Messenger of Allah (saws) would fix the blood-money for accidental killing at the rate of four hundred dinars or their equivalent in silver for townsmen, and he would fix it according to the price of camels. So when they were dear, he increased the amount to be paid, and when cheap prices prevailed he reduced the amount to be paid. In the time of the Messenger of Allah (saws) they reached between four hundred and eight hundred dinars, their equivalent in silver being eight thousand dirhams.

He said: The Messenger of Allah (saws) gave judgment that those who possessed cattle should pay two hundred cows, and those who possessed sheep two thousand sheep.

He said: The Messenger of Allah (saws) said: The blood-money is to be treated as something to be inherited by the heirs of the one who has been killed, and the remainder should be divided among the agnates.

He said: The Messenger of Allah (saws) gave judgment that for cutting off a nose completely there was full blood-money, one hundred (camels) were to be paid. If the tip of the nose was cut off, half of the blood-money,i.e. fifty camels were to be paid, or their equivalent in gold or in silver, or a hundred cows, or one thousand sheep. For the hand, when it was cut of,f half of the blood-money was to be paid; for one foot of half, the blood-money was to be paid. For a wound in the head, a third of the blood-money was due, i.e. thirty-three camels and a third of the blood-money, or their equivalent in gold, silver, cows or sheep. For a head thrust which reaches the body, the same blood-money was to be paid. Ten camels were to be paid for every finger, and five camels for every tooth.

The Messenger of Allah (saws) gave judgment that the blood-money for a woman should be divided among her relatives on her father's side, who did not inherit anything from her except the residence of her heirs. If she was killed, her blood-money should be distributed among her heirs, and they would have the right of taking revenge on the murderer.

The Messenger of Allah (saws) said: There is nothing for the murderer; and if he (the victim) has no heir, his heir will be the one who is nearest to him among the people, but the murderer should not inherit anything.

Muhammad said: All this has been transmitted to me by Sulayman ibn Musa on the authority of Amr ibn Shu'aib who, on his father's authority, said that his grandfather heard it from the Prophet (saws).

Abu Dawud said: Muhammad b. Rashid, an inhabitant of Damascus, fled from Basrah escaping murder.

Another chain reports exactly the same.