Once `Umar bin `Abdul `Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of `Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft." Then 'Anbasa bin Sa`id said, "By Allah, I never heard a narration like this of today." I ...

The Prophet (saws) said: The imam is appointed only to be followed; when he says "Allah is most great," say "Allah is most great" and do not say "Allah is most great" until he says "Allah is most great." When he bows; bow; and do not bow until he bows. And when he says "Allah listens to him who praise Him," say "O Allah, our Lord, to Thee be the praise."

The version recorded by Muslim goes: "And to Thee be the praise: And when he prostrate; and do not prostrate until he prostrates. When he prays standing, pray standing, and when he prays sitting, all of you pray sitting.

Abu Dawud said: The words "O Allah, our Lord, to You be the praise" reported by Sulaiman were explained to me by some of our companions.

When the Prophet of Allah (peace be upon him0 undertook his journey by the way of al-Far', he shouted talbiyah when his mount stood up with him on its back. But when he travelled by the way of Uhud, he raised his voice in Talbiyah when he ascended the hill of al-Bayda'.

The Prophet said, "Whoever has the following four (characteristics) will be a pure hypocrite and whoever has one of the following four characteristics will have one characteristic of hypocrisy unless and until he gives it up.

1. Whenever he is entrusted, he betrays.

2. Whenever he speaks, he tells a lie.

3. Whenever he makes a covenant, he proves treacherous.

4. Whenever he quarrels, he behaves in a very imprudent, evil and insulting manner."

Whenever the Prophet went to answer the call of nature, he used to say, "Allah-umma inni a`udhu bika minal khubuthi wal khaba'ith i.e. O Allah, I seek Refuge with You from all offensive and wicked things (evil deeds and evil spirits).

Malik related to me that he heard that Abu Salama ibn Abd ar- Rahman and Sulayman ibn Yasar were both asked, "Does one pronounce judgement on the basis of an oath with one witness?" They both said, "Yes."

Malik said, "The precedent of the sunna in judging by an oath with one witness is that if the plaintiff takes an oath with his witness, he is confirmed in his right. If he draws back and refuses to take an oath, the defendant is made to take an oath. If he takes an oath, the claim against him is dropped. If he refuses to take an oath, the claim is confirmed against him."

Malik said, "This procedure pertains to property cases in particular. It does not occur in any of the hadd-punishments, nor in marriage, divorce, freeing slaves, theft or slander. If some one says, 'Freeing slaves comes under property,' he has erred. It is not as he said. Had it been as he said, a slave could take an oath with one witness, if he could find one, that his master had freed him.

"However, when a slave lays claim to a piece of property, he can take an oath with one witness and demand his right as the freeman demands his right."

Malik said, "The sunna with us is that when a slave brings somebody who witnesses that he has been set free, his master is made to take an oath that he has not freed him, and the slave's claim is dropped."

Malik said, "The sunna about divorce is also like that with us. When a woman brings somebody who witnesses that her husband has divorced her, the husband is made to take an oath that he has not divorced her. If he takes the oath, the divorce does not proceed . "

Malik said, "There is only one sunna of bringing a witness in cases of divorce and freeing a slave. The right to make an oath only belongs to the husband of the woman, and the master of the slave. Freeing is a hadd matter, and the testimony of women is not permitted in it because when a slave is freed, his inviolability is affirmed and the hadd punishments are applied for and against him. If he commits fornication and he is a muhsan, he is stoned. If he kills a slave, he is killed for it. Inheritance is established for him, between him and whoever inherits from him. If somebody disputes this, arguing that if a man frees his slave and then a man comes to demand from the master of the slave payment of a debt, and a man and two women testify to his right, that establishes the right against the master of the slave so that his freeing him is ...

Allah's Apostle said, "Who is willing to kill Ka`b bin Al-Ashraf who has hurt Allah and His Apostle?" Thereupon Muhammad bin Maslama got up saying, "O Allah's Apostle! Would you like that I kill him?" The Prophet said, "Yes," Muhammad bin Maslama said, "Then allow me to say a (false) thing (i.e. to deceive Ka`b). "The Prophet said, "You may say it." Then Muhammad bin Maslama went to Ka`b and said, "That man (i.e. Muhammad demands Sadaqa (i.e. Zakat) from us, and he has troubled us, and I have come to borrow something from you." On that, Ka`b said, "By Allah, you will get tired of him!" Muhammad bin Maslama said, "Now as we have followed him, we do not want to leave him unless and until we see how his end is going to be. Now we want you to lend us a camel load or two of food." (Some difference between narrators about a camel load or two.) Ka`b said, "Yes, (I will lend you), but you should mortgage something to me." Muhammad bin Mas-lama and his companion said, "What do you want?" Ka`b replied, "Mortgage your women to me." They said, "How can we mortgage our women to you and you are the most handsome of the 'Arabs?" Ka`b said, "Then mortgage your sons to me." They said, "How can we mortgage our sons to you? Later they would be abused by the people's saying that so-and-so has been mortgaged for a camel load of food. That would cause us great disgrace, but we will mortgage our arms to you." Muhammad bin Maslama and his companion promised Ka`b that Muhammad would return to him. He came to Ka`b at night along with Ka`b's foster brother, Abu Na'ila. Ka`b invited them to come into his fort, and then he went down to them. His wife asked him, "Where are you going at this time?" Ka`b replied, "None but Muhammad bin Maslama and my (foster) brother Abu Na'ila have come." His wife said, "I hear a voice as if dropping blood is from him, Ka`b said. "They are none but my brother Muhammad bin Maslama and my foster brother Abu Naila. A generous man should respond to a call at night even if invited to be killed." Muhammad bin Maslama went with two men. (Some narrators mention the men as 'Abu bin Jabr. Al Harith bin Aus and `Abbad bin Bishr). So Muhammad bin Maslama went in together with two men, and sail to them, "When Ka`b comes, I will touch his hair and smell it, and when you see that I have got hold of his head, strip him. I will let you smell his head." Ka`b bin Al-Ashraf came down to them wrapped in his clothes, ...

Allah's Apostle fell from a horse and got injured so he led the prayer sitting and we also prayed sitting. When he completed the prayer he said, "The Imam is to be followed; if he says Takbir then say Takbir, bow if he bows; raise your heads when he raises his head, when he says, 'Sami`a l-lahu liman hamidah say, 'Rabbana laka l-hamd', and prostrate when he prostrates."

The Prophet said, "Whoever has (the following) four characters will be a hypocrite, and whoever has one of the following four characteristics will have one characteristic of hypocrisy until he gives it up. These are: (1 ) Whenever he talks, he tells a lie; (2) whenever he makes a promise, he breaks it; (3) whenever he makes a covenant he proves treacherous; (4) and whenever he quarrels, he behaves impudently in an evil insulting manner." (See Hadith No. 33 Vol. 1)

Allah's Apostle said, "Whoever has (the following) four characteristics will be a pure hypocrite: "If he speaks, he tells a lie; if he gives a promise, he breaks it, if he makes a covenant he proves treacherous; and if he quarrels, he behaves in a very imprudent evil insulting manner (unjust). And whoever has one of these characteristics, has one characteristic of a hypocrite, unless he gives it us."

Yahya related to me from Malik from Ibn Shihab from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, fell off his horse when riding, and his right side was scraped, so he did one of the prayers sitting, and we prayed behind him sitting. When he left, he said, "The imam is appointed to be followed. If he prays standing, then pray standing, and when he goes into ruku, go into ruku, and when he rises, rise, and when he says, 'Allah hears whoever praises him,' say, 'Our Lord, praise belongs to You,' and if he prays sitting, then all of you pray sitting."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar never used to do tawaf of the House or say between Safa and Marwa if he went into ihram in Makka until he had returned from Mina, nor would he hasten when doing tawaf of the House if he went into ihram in Makka.

The Prophet (saws) said: When you hear....(Musa's version has): When a man says people have perished, he is the one who has suffered that fate most.

Abu Dawud said: Malik said: If he says that out of sadness for the decadence of religion which he sees among the people, I do not think there is any harm in that. If he says that out of self-conceit and servility of the people, it is an abominable act which has been prohibited.

That Allah's Apostle said to her, "I know when you are pleased with me or angry with me." I said, "Whence do you know that?" He said, "When you are pleased with me, you say, 'No, by the Lord of Muhammad,' but when you are angry with me, then you say, 'No, by the Lord of Abraham.' " Thereupon I said, "Yes (you are right), but by Allah, O Allah's Apostle, I leave nothing but your name."

When the Messenger of Allah (saws) uttered the takbir (Allah is most great) for prayer (in the beginning), he raised his hands opposite to his shoulders; and when he bowed, he did like that; and when he raised his head to prostrate, he did like that; and when he got up at the end of two rak'ahs, he did like that.

Malik related to me that he heard Rabia ibn Abi Abd ar-Rahman and others mention that al-Furafisa ibn Umar al-Hanafi had a mukatab who offered to pay him all of his kitaba that he owed. Al-Furafisa refused to accept it and the mukatab went to Marwan ibn al-Hakam who was the amir of Madina and brought up the matter. Marwan summoned al-Furafisa and told him to accept. He refused. Marwan then ordered that the payment be taken from the mukatab and placed in the treasury. He said to the mukatab "Go, you are free." When al-Furafisa saw that, he took the money.

Malik said, "What is done among us when a mukatab pays all the instalments he owes before their term, is that it is permitted to him. The master cannot refuse him that. That is because payment removes every condition from the mukatab as well as service and travel. The setting free of a man is not complete while he has any remaining slavery, and neither would his inviolability as a free man be complete and his testimony permitted and inheritance obliged and such things in that situation. His master must not make any stipulation of service on him after he has been set free."

Malik said that it was permitted for a mukatab who became extremely ill and wanted to pay his master all his instalments because his heirs who were free would then inherit from him and he had no children with him in his kitaba, to do so, because by that he completed his inviolability as a free man, his testimony was permitted, and his admission of what he owed of debts to people was permitted. His bequest was permitted as well. His master could not refuse him that by saying, "He is escaping from me with his property."

Yahya related to me from Malik, from Hisham ibn Urwa, that Abdullah ibn az-Zubayr stayed in Makka for nine years. He would go into ihram for hajj at the beginning of Dhu'l-Hijja, and Urwa ibn az- Zubayr, who was with him, would do likewise.

Yahya said that Malik said, "The people of Makka and whoever else is living there besides them should go into ihram for hajj if they are in Makka, and anyone that is living in the centre of Makka and is not one of the people of Makka should not leave the Haram."

Yahya said that Malik said, "Someone who goes into ihram for hajj in Makka should delay tawaf of the House and the sa'y between Safa and Marwa until he has come back from Mina, which is what Abdullah ibn Umar used to do."

Malik was asked what the people of Madina, or anybody else, should do about tawaf if they went into ihram in Makka at the beginning of Dhu'l-Hijja, and he said, "They should delay the obligatory tawaf, which is the one they combine with the say between Safa and Marwa, but they can do whatever other tawaf they want to, and they should pray two rakas every time they complete seven tawafs, which is what the companions of the Messenger of Allah, may Allah bless him and grant him peace, did when they had gone into ihram to do hajj. They delayed the tawaf of the House and the sa'y between Safa and Marwa until they had come back from Mina. Abdullah ibn Umar also did this, going into ihram for hajj in Makka at the beginning of Dhu'l-Hijja, and then delaying tawaf of theHouse and the say between Safa and Marwa until he had come back from Mina."

Malik was asked whether one of the people of Makka could go into ihram to do umra in the centre of Makka, and he said, "No. He should go outside the Haram and go into ihram there."

The Messenger of Allah (saws) said to al-Abbas ibn AbdulMuttalib: Abbas, my uncle, shall I not give you, shall I not present to you, shall I not donate to you, shall I not produce for you ten things? If you act upon them, Allah will forgive you your sins, first and last, old and new, involuntary and voluntary, small and great, secret and open.

These are the ten things: you should pray four rak'ahs, reciting in each one Fatihat al-Kitab and a surah. When you finish the recitation of the first rak'ah you should say fifteen times while standing: "Glory be to Allah", "Praise be to Allah", "There is no god but Allah", "Allah is most great". Then you should bow and say it ten times while bowing. Then you should raise your head after bowing and say it ten times. Then you should kneel down in prostration and say it ten times while prostrating yourself. Then you should raise your head after prostration and say it ten times. Then you should prostrate yourself and say it ten times. Then you should raise your head after prostrating and say it ten times in every rak'ah. You should do that in four rak'ahs.

If you can observe it once daily, do so; if not, then once weekly; if not, then once a month; if not, then once a year; if not, then once in your lifetime.

We set out in the company of Allah's Apostle on the day (of the battle) of Hunain. When we faced the enemy, the Muslims retreated and I saw a pagan throwing himself over a Muslim. I turned around and came upon him from behind and hit him on the shoulder with the sword He (i.e. the pagan) came towards me and seized me so violently that I felt as if it were death itself, but death overtook him and he released me. I followed `Umar bin Al Khattab and asked (him), "What is wrong with the people (fleeing)?" He replied, "This is the Will of Allah," After the people returned, the Prophet sat and said, "Anyone who has killed an enemy and has a proof of that, will posses his spoils." I got up and said, "Who will be a witness for me?" and then sat down. The Prophet again said, "Anyone who has killed an enemy and has proof of that, will possess his spoils." I (again) got up and said, "Who will be a witness for me?" and sat down. Then the Prophet said the same for the third time. I again got up, and Allah's Apostle said, "O Abu Qatada! What is your story?" Then I narrated the whole story to him. A man (got up and) said, "O Allah's Apostle! He is speaking the truth, and the spoils of the killed man are with me. So please compensate him on my behalf." On that Abu Bakr As-Siddiq said, "No, by Allah, he (i.e. Allah's Apostle ) will not agree to give you the spoils gained by one of Allah's Lions who fights on the behalf of Allah and His Apostle." The Prophet said, "Abu Bakr has spoken the truth." So, Allah's Apostle gave the spoils to me. I sold that armor (i.e. the spoils) and with its price I bought a garden at Bani Salima, and this was my first property which I gained after my conversion to Islam.

We set out along with the Prophet during the year of (the battle of) Hunain, and when we faced the enemy, the Muslims (with the exception of the Prophet and some of his companions) retreated (before the enemy). I saw one of the pagans over-powering one of the Muslims, so I struck the pagan from behind his neck causing his armor to be cut off. The pagan headed towards me and pressed me so forcibly that I felt as if I was dying. Then death took him over and he released me. Afterwards I followed `Umar and said to him, "What is wrong with the people?" He said, "It is the Order of Allah." Then the Muslims returned (to the battle after the flight) and (after overcoming the enemy) the Prophet sat and said, "Whoever had killed an Infidel and has an evidence to this issue, will have the Salb (i.e. the belonging of the deceased e.g. clothes, arms, horse, etc)." I (stood up) and said, "Who will be my witness?" and then sat down. Then the Prophet repeated his question. Then the Prophet said the same (for the third time). I got up and said, "Who will be my witness?" and then sat down. The Prophet asked his former question again. So I got up. The Prophet said, What is the matter, O Abu Qatada?" So I narrated the whole story; A man said, "Abu Qatada has spoken the truth, and the Salb of the deceased is with me, so please compensate Abu Qatada on my behalf." Abu Bakr said, "No! By Allah, it will never happen that the Prophet will leave a Lion of Allah who fights for the Sake of Allah and His Apostle and give his spoils to you." The Prophet said, "Abu Bakr has spoken the truth. Give it (the spoils) back to him (O man)!" So he gave it to me and I bought a garden in (the land of) Banu Salama with it (i.e. the spoils) and that was the first property I got after embracing Islam.

When it was the day (of the battle) of Hunain, the tributes of Hawazin and Ghatafan and others, along with their animals and offspring (and wives) came to fight against the Prophet The Prophet had with him, ten thousand men and some of the Tulaqa. The companions fled, leaving the Prophet alone. The Prophet then made two calls which were clearly distinguished from each other. He turned right and said, "O the group of Ansar!" They said, "Labbaik, O Allah's Apostle! Rejoice, for we are with you!" Then he turned left and said, "O the group of Ansar!" They said, "Labbaik! O Allah's Apostle! Rejoice, for we are with you!" The Prophet at that time, was riding on a white mule; then he dismounted and said, "I am Allah's Slave and His Apostle." The infidels then were defeated, and on that day the Prophet gained a large amount of booty which he distributed amongst the Muhajirin and the Tulaqa and did not give anything to the Ansar. The Ansar said, "When there is a difficulty, we are called, but the booty is given to other than us." The news reached the Prophet and he gathered them in a leather tent and said, "What is this news reaching me from you, O the group of Ansar?" They kept silent, He added," O the group of Ansar! Won't you be happy that the people take the worldly things and you take Allah's Apostle to your homes reserving him for yourself?" They said, "Yes." Then the Prophet said, "If the people took their way through a valley, and the Ansar took their way through a mountain pass, surely, I would take the Ansar's mountain pass." Hisham said, "O Abu Hamza (i.e. Anas)! Did you witness that? " He replied, "And how could I be absent from him?"

Hamnah said my menstruation was great in quantity and severe. So I came to the Messenger of Allah (saws) for a decision and told him. I found him in the house of my sister, Zaynab, daughter of Jahsh.

I said: Messenger of Allah, I am a woman who menstruates in great quantity and it is severe, so what do you think about it? It has prevented me from praying and fasting.

He said: I suggest that you should use cotton, for it absorbs the blood. She replied: It is too copious for that. He said: Then take a cloth. She replied: It is too copious for that, for my blood keeps flowing. The Messenger of Allah (saws) said: I shall give you two commands; whichever of them you follow, that will be sufficient for you without the other, but you know best whether you are strong enough to follow both of them.

He added: This is a stroke of the Devil, so observe your menses for six or seven days, Allah alone knows which it should be; then wash. And when you see that you are purified and quite clean, pray during twenty-three or twenty-four days and nights and fast, for that will be enough for you, and do so every month, just as women menstruate and are purified at the time of their menstruation and their purification.

But if you are strong enough to delay the noon (Zuhr) prayer and advance the afternoon ('Asr) prayer, to wash, and then combine the noon and the afternoon prayer; to delay the sunset prayer and advance the night prayer, to wash, and then combine the two prayers, do so: and to wash at dawn, do so: and fast if you are able to do so if possible.

The Messenger of Allah (saws) said: Of the two commands this is more to my liking.¹

Abu Dawud said: 'Amr b. Thabit narrated from Ibn 'Aqil: Hamnah said: Of the two commands this is the one which is more to my liking.² In this version these words were not quoted as the statement of the Prophet (saws); it gives it as a statement of Hamnah.

Abu Dawud said: 'Amr b. Thabit was a Rafidi. This has been said by Yahya b. Ma'in.

Abu Dawud said: I heard Ahmad (b. Hanbal) say: I am doubtful about the tradition transmitted by Ibn 'Aqil.

Allah's Apostle said, "The signs of a hypocrite are three: Whenever he speaks, he tells a lie; and whenever he promises, he breaks his promise; and whenever he is entrusted, he betrays (proves to be dishonest)".

Allah's Apostle rode a horse and fell down and the right side of his body was injured. On that day he prayed one of the prayers sitting and we also prayed behind him sitting. When the Prophet finished the prayer with Taslim, he said, "The Imam is to be followed and if he prays standing then pray standing, and bow when he bows, and raise your heads when he raises his head; prostrate when he prostrates; and if he says "Sami`a l-lahu liman hamidah", you should say, "Rabbana wa laka l-hamd.:

The Prophet said, "The signs of a hypocrite are three:

1. Whenever he speaks, he tells a lie.

2. Whenever he promises, he always breaks it (his promise ).

3. If you trust him, he proves to be dishonest. (If you keep something as a trust with him, he will not return it.)"

Allah's Apostle said, "May Allah's mercy be on him who is lenient in his buying, selling, and in demanding back his money."

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that Umar ibn al-Khattab asked advice about a man drinking wine. Ali ibn Abi Talib said to him, "We think that you flog him for it with eighty lashes. Because when he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks confusedly, and when he talks confusedly, he lies." (80 lashes is the same amount as for slandering) Umar gave eighty lashes for drinking wine.

Once Allah's Apostle rode a horse and fell down and the right side (of his body) was injured. He offered one of the prayers while sitting and we also prayed behind him sitting. When he completed the prayer, he said, "The Imam is to be followed. Pray standing if he prays standing and bow when he bows; rise when he rises; and if he says, 'Sami`a l-lahu-liman hamidah, say then, 'Rabbana wa laka lhamd' and pray standing if he prays standing and pray sitting (all of you) if he prays sitting." Humaid said: The saying of the Prophet "Pray sitting, if he (Imam) prays sitting" was said in his former illness (during his early life) but the Prophet prayed sitting afterwards (in the last illness) and the people were praying standing behind him and the Prophet did not order them to sit. We should follow the latest actions of the Prophet.

I saw Malik bin Huwairith saying Takbir and raising both his hands (on starting the prayers and raising his hands on bowing and also on raising his head after bowing. Malik bin Huwairith said, "Allah's Apostle did the same."

The Prophet said, "If a slave-girl (Ama) commits illegal sexual intercourse, scourge her; if she does it again, scourge her again; if she repeats it, scourge her again." The narrator added that on the third or the fourth offense, the Prophet said, "Sell her even for a hair rope."

Allah's Apostle said, "The signs of a hypocrite are three: (1) whenever he speaks, he tells a lie, (2) whenever he is entrusted, he proves to be dishonest, (3) whenever he promises, he breaks his promise.

Abu Qilaba reported that he saw Malik b. Huwairith raising his hands at the beginning of prayer and raising his hands before kneeling down, and raising his hands after lifting his head from the state of kneeling, and he narrated that the Messenger of Allah (may peace be upon him) used to do like this.

The Prophet said, "The signs of a hypocrite are three: Whenever he speaks he tells a lie; whenever he is entrusted he proves dishonest; whenever he promises he breaks his promise."