Yahya related to me the like of that from Malik from Ibn Shihab.

Malik said, about a slave who divorced a slave-girl but did not make it absolute, "He can return to her. If he then dies while she is still in the idda from her divorce, she does the idda of a slave- girl whose husband dies, and it is two months and five days. If she has been set free and he can return to her, and she does not choose to separate after she has been set free, and he dies while she is in the idda from the divorce, she does the idda of a free woman whose husband has died, four months and ten days. That is because the idda of widowhood befell her while she was free, so her idda is the idda of a free woman."

Malik said, "That is what is done among us."

Malik said, "The recognised and permitted form of qirad is that a man take capital from an associate to use. He does not guarantee it and in travelling pays out of the capital for food and clothes and what he makes good use of, according to the amount of capital. That is, when he travels to do the work and the capital can support it. If he remains with his people, he does not have expenses or clothing from the capital."

Malik said, "There is no harm in the two parties in a qirad helping each other by way of a favour when it is acceptable to them both."

Malik said, "There is no harm in the investor of the capital buying some of the goods from the agent in the qirad if that is acceptable and without conditions."

Malik spoke about an investor making a qirad loan to a man and his slave, to be used by both. He said, "That is permitted, and there is no harm in it because the profit is property for his slave, and the profit is not for the master until he takes it from him. It is like the rest of his earnings."

Yahya related to me from Malik from Suhayl ibn Abi Salih from his father from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, gave hospitality to a kafir guest. The Messenger of Allah, may Allah bless him and grant him peace, ordered a sheep to be brought for him and it was milked. He drank its milk. Then another came, and he drank it. Then another came and he drank it until he had drunk the milk of seven sheep. In the morning he became muslim, and the Messenger of Allah, may Allah bless him and grant him peace, ordered a sheep for him. It was milked and he drank its milk. Then he ordered another for him and he could not finish it. The Messenger of Allah, may Allah bless him and grant him peace, said, "The mumin drinks in one intestine, and the kafir drinks in seven intestines."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha from Humayda bint Abi Ubayda ibn Farwa that her maternal aunt Kabsha bint Kab ibn Malik, who was the wife of the son of Abu Qatada al-Ansari, told her that once Abu Qatada was visiting her and she poured out some water for him to do wudu with. Just then a cat came to drink from it, so he tilted the vessel towards it to let it drink. Kabsha continued, "He saw me looking at him and said, 'Are you surprised, daughter of my brother?' I said, 'Yes.' He replied that the Messenger of Allah, may Allah bless him and grant him peace, said, cats are not impure. They intermingle with you .' "

Yahya said that Malik said, "There is no harm in that unless one sees impurities on the cat's mouth."

Yahya related to me from Malik from Ayyub ibn Abi Tamima as- Sakhtayani from Muhammad ibn Sirin from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, finished the prayer after two rakas and Dhu'l-Yadayn said to him, "Has the prayer been shortened or have you forgotten, Messenger of Allah?" The Messenger of Allah, may Allah bless him and grant him peace, said, "Has Dhu'l-Yadayn spoken the truth?" The people said, "Yes," and the Messenger of Allah, may Allah bless him and grant him peace, stood and prayed the other two rakas and then said, "Peace be upon you." Then he said, "Allah is greater" and went into a sadja as long as his usual prostrations or longer. Then he came up and said, "Allah is greater" and went into a sajda as long as his usual prostrations or longer and then came up.

He also said, "If people knew what there was in the call to prayer and the first row, and they could find no other way except to draw lots for it, they would draw lots for it. And if they knew what there was in doing dhuhr at its time, they would race each other to it. And if they knew what there was in the prayers of isha and maghrib, they would come to them even if they had to crawl .

Yahya related to me from Malik from Hisham ibn Urwa from his father from A'isha umm al-muminin that the Messenger of Allah, may Allah bless him and grant him peace, mentioned Safiyya bint Huyy and he was told that she had started her period. The Messenger of Allah, may Allah bless him and grant him peace, said, "Perhaps she will delay us." They said, "Messenger of Allah, she has done tawaf," and the Messenger of Allah, may Allah bless him and grant him peace, said, "Then she will not delay us."

Malik said that Hisham said that Urwa said that A'isha said, "We have publicized that, so why do people make their women stay on to their inconvenience? If it were as they say, more than six thousand menstruating women would still be in Mina in the morning, all of them having already done the tawaf al- ifada.' "

Yahya related to me from Malik that Urwa ibn Udhayna al-Laythi said, "I went out with my grandmother who had vowed to walk to the House of Allah. When we had gone part of the way, she could not go on. I sent one of her mawlas to question Abdullah ibn Umar and I went with him. He asked Abdullah ibn Umar, and Abdullah ibn Umar said to him, 'Take her and let her ride, and when she has the strength let her ride back, and start to walk from the place from which she was unable to go on.'~

Yahya said that he had heard Malik say, "I think that she must sacrifice an animal."

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab and Abu Salama ibn Abd ar- Rahman said the same as Abdullah ibn Umar.

Allah's Apostle came to the drinking place and asked for water. Al-Abbas said, "O Fadl! Go to your mother and bring water from her for Allah's Apostle ." Allah's Apostle said, "Give me water to drink." Al-Abbas said, "O Allah's Apostle! The people put their hands in it." Allah's Apostle again said, 'Give me water to drink. So, he drank from that water and then went to the Zamzam (well) and there the people were offering water to the others and working at it (drawing water from the well). The Prophet then said to them, "Carry on! You are doing a good deed." Then he said, "Were I not afraid that other people would compete with you (in drawing water from Zamzam), I would certainly take the rope and put it over this (i.e. his shoulder) (to draw water)." On saying that the Prophet pointed to his shoulder.

That the Messenger of Allah (saws) said: "When the two parties (in a deal) disagree then the seller's statement is taken as valid, and the purchaser retains the option."

[Abu 'Eisa said:] This Hadith is Mursal. 'Awn bin 'Abdullah did not see Ibn Mas'ud. This Hadith has also been reported from Al-Qasim bin 'Abdur-Rahman, from Ibn Mas'ud from the Prophet (saws). But it also Mursal.

[Abu 'Eisa said:] Ishaq bin Mansur said: "I said to Ahmad: what if when the two parties disagree and there is no proof (what is done)?' He said: 'The saying of the owner of the merchandise is taken as valid or they both refuse.' And Ishaq said as he did, and that in every case where his saying is taken, he must swear.'"

[Abu 'Eisa said:] Similar to this has been reported from some of the people of knowledge among the Tabi'in, Shuraih is among those.

"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".

We did not know what we should say when we sat during prayer. The Messenger of Allah (saws) was taught (by Allah). He then narrated the tradition to the same effect. Sharik reported from Jami', from AbuWa'il on the authority of Abdullah ibn Mas'ud something similar.

He said: He used to teach us also some other words, but he did not teach them as he taught us the tashahhud: O Allah, join our hearts, mend our social relationship, guide us to the path of peace, bring us from darkness to light, save us from obscenities, outward or inward, and bless our ears, our eyes, our hearts, our wives, our children, and relent toward us; Thou art the Relenting, the Merciful. And make us grateful for Thy blessing and make us praise it while accepting it and give it to us in full.

The Prophet (saws) offered the noon prayer in time of danger. Some of the people formed a row behind him and others arrayed themselves against the enemy. He led them in two rak'ahs and then he uttered the salutation. Then those who were with him went away and took the position of their companions before the enemy. Then they came and prayed behind him. He led them in two rak'ahs and uttered the salutation. Thus the Messenger of Allah (saws) offered four rak'ahs and his companions offered two rak'ahs.

Al-Hasan used to give legal verdict on the authority of this tradition.

Abu Dawud said: This will be so in the sunset prayer. The imam will offer six rak'ahs and the people three rak'ahs.

Abu Dawud said: Yahya b. Abi Kathir narrated from Abu Salamah from Jabir from the Prophet (saws) something similar. Sulaiman al-Yashkuri reported it from the Prophet (saws) in like manner.

Abu Dawud said: This tradition has also been transmitted by al-Ansari, from Ibn-Juraij. He said: Ja'far b. 'Umar and 'Amr b. Hayyah. He said: They transmitted from 'Abd al-Rahman b. 'Awf and from the Companions of the Prophet (saws).

He then said :What I have I shall never store away from you but Allah will strengthen the abstinence of him who abstains, will give a satisfaction to him who wants to be satisfied, and will strengthen the endurance of him who shows endurance. No one has been given a more ample gift than endurance.

Abu Dawud said: This tradition has been transmitted by Hammad b. Salamah, from Abu al-Awwam from Abu uthman, from the Prophet (may peace be upon him). He did not mention salman (i.e., the companions).

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that A'isha umm al-muminin told him that Aflah, the brother of Abu'l-Quays came and asked permission to visit her after the veil had been lowered, and he was her paternal uncle by suckling. She said, "I refusedto give him permission to enter. When the Messenger of Allah, may Allah bless him and grant him peace, came, I told him about what I had done, and he ordered me to give him permission to enter."

Yahya related to me from Malik from Nafi from Abdullah ibn Umar that Umar ibn al-Khattab said, "Do not sell gold for gold except like for like, and do not increase one part over another part. Do not sell silver for silver except like for like, and do not increase one part over another part. Do not sell silver for gold, one of them at hand and the other to be given later. If someone seeks to delay paying you until he has been to his house, do not leave him. I fear rama for you." Rama is usury.

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi from Abu Shurayh al-Kabi that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever believes in Allah and the Last Day should speak good or be silent. Whoever believes in Allah and the Last Day should be generous to his neighbour. Whoever believes in Allah and the Last Day, should be generous to his guest. His welcome is for a day and a night, and his hospitality is for three days. Whatever is more than that is sadaqa. It is not halal for a guest to stay with a man until he becomes a burden."

Malik related to me from Muhammad ibn Amr ibn Alqama from his father from Bilal ibn al-Harith al-Muzani that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man speaks what is pleasing to Allah and he does not suspect that it will have the result that it does, and Allah will write for him His good pleasure for it until the day when he meets Him. And a man speaks what excites the wrath of Allah and he does not suspect that it will have the result that it does, and Allah will write His wrath for him for it until the day when he meets Him."

Two old ladies from among the Jewish ladies entered upon me and said' "The dead are punished in their graves," but I thought they were telling a lie and did not believe them in the beginning. When they went away and the Prophet entered upon me, I said, "O Allah's Apostle! Two old ladies.." and told him the whole story. He said, "They told the truth; the dead are really punished, to the extent that all the animals hear (the sound resulting from) their punishment." Since then I always saw him seeking refuge with Allah from the punishment of the grave in his prayers.

Yahya related to me from Malik from Ismail from Ibn Abi Hakim that he had heard that the Messenger of Allah, may Allah bless him and grant him peace, heard a woman praying at night. He said, "Who is that?" and someone said to him,"It is al-Hawla bint Tuwayt, she does not sleep in the night." The Messenger of Allah, may Allah bless him and grant him peace, disapproved of that and his disapproval showed in his face. Then he said, "Allah, the Blessed and Exalted, does not become weary, but you become weary. Take on whatever is within your capability."

Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Sulayman ibn Abi Hathma that Umar ibn al-Khattab missed Sulayman ibn Abi Hathma in the subh prayer. In the morning he went to the market, and Sulayman's house was between the market and the Prophet's mosque. He passed ash-Shifa, Sulayman's mother, and said to her, "I did not see Sulayman at subh." She replied, "He spent the night in prayer and his eyes overcame him. Umar said, "I would rather be present at subh than stand the whole night in prayer.

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, prayed while he was ill. He prayed sitting, and some people prayed behind him standing, and he indicated to them to sit down. When he left, he said, 'The imam is only appointed to be followed. When he goes into ruku, go into ruku and when he rises, rise and if he prays sitting, pray sitting .' "

Yahya related to me from Malik from Abu'n-Nadr, the mawla of Umar ibn Ubaydullah that A'isha bint Talha told him that she was once with A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and her husband, who was fasting, came and visited her there. (He was Abdullah ibn Abd ar-Rahman ibn Abi Bakras-Siddiq.) A'isha said to him, "What's stopping you from coming close to your wife and kissing her and joking with her?" He said, "Can I kiss her when I am fasting?" She said, "Yes."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The day of Ashura was a day the Quraysh used to fast in the jahiliyya, and the Messenger of Allah, may Allah bless him and grant him peace, used also to fast it during the jahiliyya. Then when the Messenger of Allah, may Allah bless him and grant him peace, came to Madina he fasted it and ordered that it be fasted. Then Ramadan was made obligatory, and that became the fard instead of Ashura, but whoever wanted to, fasted it, and whoever did not want to, did not fast it."

Yahya related to me from Malik from Ibn Shihab that Humayd ibn Abd ar-Rahman ibn Awf heard Muawiya ibn Abi Sufyan say from the mimbar on the day of Ashura in the year in which he made the hajj, "People of Madina, where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, say about this day, 'This is the day of Ashura, and fasting it has not been prescribed for you. I am fasting it, and whoever of you wants to fast it can do so, and whoever does not want to, does not have to.' "

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazm from Ibn

Abi Mulayka that Umar ibn al-Khattab passed a leprous woman doing tawaf of the House, and he said to her, "Slave of Allah, do not make people uneasy. Better that you stay in your house," so she did so. A man passed by her after that and said to her, "The one who forbade you has died, so come out," and she replied, "I am not going to obey him when he is alive and disobey him when he is dead."

ahya related to me from Malik from Yahya ibn Said from Bushayr ibn Yasar that Abu Burda ibn Niyar sacrificed an animal before the Messenger of Allah, may Allah bless him and grant him peace, sacrificed on the Day of Sacrifice. He asserted that the Messenger of Allah, may Allah bless him and grant him peace, ordered him to sacrifice another animal, and he, Abu Burda, said, "What if I can only find an animal less than one year old, Messenger of Allah?" He had said, "If you can only find a young animal, then sacrifice it."

Once I was traveling with the Prophet and he said, "O Mughira! take this container of water." I took it and Allah's Apostle went far away till he disappeared. He answered the call of nature and was wearing a Syrian cloak. He tried to take out his hands from its sleeve but it was very tight so he took out his hands from under it. I poured water and he performed ablution like that for prayers and passed his wet hands over his Khuff (socks made from thick fabric or leather) and then prayed .

"The Messenger of Allah (saws) cae out from the toilet and some food was brought to him. They said: 'Shall we bring you some water for Wudu'?' He said: 'I have only been ordered to perform Wudu' when standing for Salat.'"

[Abu 'Eisa said:] This Hadith is Hasan [Sahih]. 'Amr bin Dinar has reported it from Sa'eed bin Al-Huwairith, from Ibn 'Abbas. 'Ali bin Al-Madini said: 'Sufyan Ath-Thawri disliked washing the hands before eating food, and he disliked placing the bread under the bowl.'"

That he gave the Prophet (saws) a gift or a camel, so the Prophet (saws) said: "Have you accepted Islam?" He said: "No." He said: "Then I have been prohibited from the Zabd (gift) of the idolaters."

[Abu 'Eisa said:] This Hadith is Hasan Sahih. And the meaning of his saying: "I haven been prohibited from the Zabd (gifts) of the idolaters" is their gifts.

It has been reported about the Messenger (saws) that he used to accept the gifts of the idolaters while a dislike for that is mentioned in this Hadith.

And the implication is that this was after he used to accept from them, and then he later forbade their gifts.

"The Prophet (saws) had a ring of gold made for him which he wore on his right (hand). Then he sat on the Minbar and said: 'I did indeed have this ring on my right hand' then he discarded it and the people discarded their rings."

He said: There are narrations on this topic from 'Ali, Jabir, 'Abdullah bin Ja'far, Ibn 'Abbas, 'Aishah, and Anas.

[Abu 'Eisa said:] The Hadith of Ibn 'Umar is Hasan Sahih Hadith. This Hadith has been reported similarly from 'Nafi, from Ibn 'Umar, through routes other than this, and it was not mentioned in it that the ring was on his right hand.

Abu Dawud said: This tradition has been transmitted by Malik b. Anas, Bakr b. Mudar, Hafs b. Ghiyaht, Isma'il b. Ja'far, Ibn Abu Dhi'b, and Ibn Ishaq from Muhammad b. Zaid on the authority of his mother who narrated from Umm Salamah. None of these narrators mention the name of the Prophet (saws). They reported it directly from Umm Salamah.

Rafi' b. Khadij came to us and said: The Messenger of Allah (saws) forbids you from a work which is beneficial to you ; and obedience to Allah and His Prophet (saws) is more beneficial to you. The Messenger of Allah (saws) forbids you from renting land for share of its produce and he said: If anyone if not in need of his land he should lend it to his brother or leave it.

Abu Dawud said: Shu'bah and Mufaddal b. Muhalhal have narrated it from Mansur in similar way. Shu'bah said (in his version): Usaid, nephew of Rafi' b, Khadij.

Abu Dawud said: This has also been transmited by Abu al-Walid from Sulaiman bin Kathir from Az-Zuhri.

I heard the Messenger of Allah (saws) say: I am the heirs of Him who has none, freeing him from his liabilities, and inheriting what he possesses. A maternal uncle is the heir of Him who has none, freeing him from his liabilities, and inheriting his property.

The Prophet (saws) said: Every important matter which is not begun by an expression of praise to Allah is maimed.

Abu Dawud said: It has also been transmitted by Yunus, 'Aqil, Shu'aib, Sa'id b. 'Abd al-Aziz from al-Zuhri from the Prophet (saws) in Mursal form (the link of the Companion is missing).

I heard the Messenger of Allah (saws) say: The wind comes from Allah's mercy.

Salamah's version has: It is Allah's mercy; it (sometimes) brings blessing and (sometimes) brings punishment. So when you see it, do not revile it, but ask Allah for some of its good, and seek refuge in Allah from its evil.

Abu Dawud said ‘Abd Al Razzaq narrated this tradition from Ma’mar attributing it to the Prophet(saws).