From her father who told her that the Messenger of Allah (saws) prohibited intercourse with female prisoners, until they deliver what is in their wombs."

[Abu 'Eisa said:] There is something on this topic from Ruwaifi' bin Thabit, and the Hadith of 'Irbad is a Gharib Hadith. This is acted upon according to the people of knowledge.

Al-Awza'i said: "When a man purchases a slave girl from the captives and she is pregnant, then it has been related from 'Umar bin Al-Khattab that he said: 'Do not have intercourse with the pregnant women until she gives birth.'" Al-Awza'i said: "As for the free women, then the Sunnah about them has passed, in that the 'Iddah is observed." All of this was narrated to me by 'Ali bin Khushram who said: " 'Eisa bin Yunus narrated to us from Al-Awza'i."

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.'"

I went to `Aisha and said, "I was the slave of `Utba bin Abu Lahab. "Utba died and his sons became my masters who sold me to Ibn Abu `Amr who manumitted me. The sons of `Utba stipulated that my Wala' should be for them." `Aisha said, "Barirah came to me and she was given the writing of emancipation by her masters and she asked me to buy and manumit her. I agreed to it, but Barirah told me that her masters would not sell her unless her Wala' was for them." `Aisha said, "I am not in need of that." When the Prophet heard that, or he was told about it, he asked `Aisha about it. `Aisha mentioned what Barirah had told her. The Prophet said, "Buy and manumit (free) her and let them stipulate whatever they like." So, `Aisha bought and manumitted her and her masters stipulated that her Wala' should be for them." The Prophet;, said, "The Wala' will be for the liberator even if they stipulated a hundred conditions."

A man came to Allah's Apostle and said, "I am ruined." The Prophet asked, "What do you mean?" He said, "I had a sexual intercourse with my wife during Ramadan (while fasting)." The Prophet asked him, "Can you manumit a slave?" He replied in the negative. He then asked him, "Can you fast for two successive months continuously" He replied in the negative. The Prophet then asked him, "Can you feed sixty poor persons?" He replied in the negative. In the meantime an Ansari came with a basket full of dates. The Prophet said to the man, "Take it and give it in charity (as an expiation of your sin)." The man said "Should I give it to some people who are poorer than we O Allah's Apostle? By Him Who has sent you with the Truth, there is no family between Medina's two mountains poorer than we." Allah's Apostle told him to take it and provide his family with it."

Allah's Apostle said, "There will be afflictions (and at the time) the sitting person will be better than the standing one, and the standing one will be better than the walking, and the walking will be better than the running. And whoever will look towards those afflictions, they will overtake him, and whoever will find a refuge or a shelter, should take refuge in it." The same narration is reported by Abu Bakr, with the addition, "(The Prophet said), 'Among the prayers there is a prayer the missing of which will be to one like losing one's family and property."

When `Abdur-Rahman bin `Auf came to Medina and the Prophet established the bond of brotherhood between him and Sa`d bin Ar-Rabi-al-Ansari, Saud suggested that `Abdur-Rahman should accept half of his property and family. `Abdur Rahman said, "May Allah bless you in your family and property; guide me to the market." So `Abdur-Rahman (while doing business in the market) made some profit of some condensed dry yoghurt and butter. After a few days the Prophet saw him wearing clothes stained with yellow perfume. The Prophet asked, "What is this, O `Abdur-Rahman?" He said, "O Allah's Apostle! I have married an Ansar' woman." The Prophet asked, "What have you given her as Mahr?" He (i.e. `Abdur-Rahman) said, "A piece of gold, about the weight of a date stone." Then the Prophet said, Give a banquet, even though of a sheep."

We witnessed (the battle of) Khaibar. Allah's Apostle said about one of those who were with him and who claimed to be a Muslim. "This (man) is from the dwellers of the Hell-Fire." When the battle started, that fellow fought so violently and bravely that he received plenty of wounds. Some of the people were about to doubt (the Prophet's statement), but the man, feeling the pain of his wounds, put his hand into his quiver and took out of it, some arrows with which he slaughtered himself (i.e. committed suicide). Then some men amongst the Muslims came hurriedly and said, "O Allah's Apostle! Allah has made your statement true so-and-so has committed suicide. "The Prophet said, "O so-and-so! Get up and make an announcement that none but a believer will enter Paradise and that Allah may support the religion with an unchaste (evil) wicked man.

The Prophet prayed facing Bait-ulMaqdis (i.e. Jerusalem) for sixteen or seventeen months but he wished that his Qibla would be the Ka`ba (at Mecca). (So Allah Revealed (2.144) and he offered `Asr prayers(in his Mosque facing Ka`ba at Mecca) and some people prayed with him. A man from among those who had prayed with him, went out and passed by some people offering prayer in another mosque, and they were in the state of bowing. He said, "I, (swearing by Allah,) testify that I have prayed with the Prophet facing Mecca." Hearing that, they turned their faces to the Ka`ba while they were still bowing. Some men had died before the Qibla was changed towards the Ka`ba. They had been killed and we did not know what to say about them (i.e. whether their prayers towards Jerusalem were accepted or not). So Allah revealed:-- "And Allah would never make your faith (i.e. prayer) to be lost (i.e. your prayers offered (towards Jerusalem). Truly Allah is Full of Pity, Most Merciful towards mankind." (2.143)

This tradition has also been transmitted through a different chain of narrators by Ibn ‘Umar to the same effect. This version adds “A woman in the sacred state(while wearing ihram) should not be veiled or wear gloves.

Abu Dawud said This tradition has also been transmitted by Hatim bin Isma’il and Yahya bin Ayyub from Musa bin ‘Uqbah from ‘Nafi as reported by al Laith. This has also been narrated by Musa bin Tariq from Musa bin ‘Uqbah as a statement of Ibn ‘Umar(not of the Prophet). Similarly, this tradition has also been transmitted by ‘Ubaid Allah bin Umar, Malik and Ayyub as a statement of Ibn ‘Umar (not of the Prophet). Ibrahim bin Sa’id al Madini narrated this tradition from Nafi’ on the authority of Ibn ‘Umar from the Prophet (saws) A woman in the sacred state (wearing ihram) must not be veiled or wear gloves.

Abu Dawud said Ibrahim bin Sa’id al Madini is a traditionist of Madina. Not many traditions have been narrated by him.

Abu Dawud said: Write (you people), for me, that is, the address of the Prophet (saws).

Malik was asked whether the tenth or the twentieth was taken out of olives before they were sold or after and he said, "The sale is not taken into consideration. It is the people who produce the olives that are asked about the olives, just as it is the people who produce foodstuffs that are asked about it, and zakat is taken from them by what they say. Someone who gets five awsuq or more of olives from his olive trees has a tenth taken from the oil after pressing. Whereas someone who does not get five awsuq from his trees does not have to pay any zakat on the oil."

Malik said, "Someone who sells his crops when they are ripe and are ready in the husk has to pay zakat on them but the one who buys them does not. The sale of crops is not valid until they are ready in the husk and no longer need water."

Malik said, concerning the word of Allah the Exalted, "And give its due on the day of its harvesting," that it referred to zakat, and that ...

I asked `Aisha : "How do you interpret the statement of Allah,. : Verily! (the mountains) As-Safa and Al-Marwa are among the symbols of Allah, and whoever performs the Hajj to the Ka`ba or performs `Umra, it is not harmful for him to perform Tawaf between them (Safa and Marwa.) (2.158). By Allah! (it is evident from this revelation) there is no harm if one does not perform Tawaf between Safa and Marwa." `Aisha said, "O, my nephew! Your interpretation is not true. Had this interpretation of yours been correct, the statement of Allah should have been, 'It is not harmful for him if he does not perform Tawaf between them.' But in fact, this divine inspiration was revealed concerning the Ansar who used to assume lhram for worship ping an idol called "Manat" which they used to worship at a place called Al-Mushallal before they embraced Islam, and whoever assumed Ihram (for the idol), would consider it not right to perform Tawaf between Safa and Marwa. When they embraced Islam, they asked Allah's Apostle (p.b.u.h) regarding it, saying, "O Allah's Apostle! We used to refrain from Tawaf between Safa and Marwa." So Allah revealed: 'Verily; (the mountains) As-Safa and Al-Marwa are among the symbols of Allah.' " Aisha added, "Surely, Allah's Apostle set the tradition of Tawaf between Safa and Marwa, so nobody is allowed to omit the Tawaf between them." Later on I (`Urwa) told Abu Bakr bin `Abdur-Rahman (of `Aisha's narration) and he said, 'I have not heard of such information, but I heard learned men saying that all the people, except those whom `Aisha mentioned and who used to assume lhram for the sake of Manat, used to perform Tawaf between Safa and Marwa. When Allah referred to the Tawaf of the Ka`ba and did not mention Safa and Marwa in the Qur'an, the people asked, 'O Allah's Apostle! We used to perform Tawaf between Safa and Marwa and Allah has revealed (the verses concerning) Tawaf of the Ka`ba and has not mentioned Safa and Marwa. Is there any harm if we perform Tawaf between Safa and Marwa?' So Allah revealed: "Verily As-Safa and Al- Marwa are among the symbols of Allah." Abu Bakr said, "It seems that this verse was revealed concerning the two groups, those who used to refrain from Tawaf between Safa and Marwa in the Pre- Islamic Period of ignorance and those who used to perform the Tawaf then, and after embracing Islam they refrained from the Tawaf between them as Allah had enjoined Tawaf of the Ka`ba and did not ...

We fasted with the Messenger of Allah (saws) during Ramadan, but he did not make us get up at night for prayer at any time during the month till seven nights remained; then he made us get up for prayer till a third of the night had passed. When the sixth remaining night came, he did not make us get up for prayer. When the fifth remaining night came, he made us stand in prayer till a half of the night had gone.

So I said: Messenger of Allah, I wish you had led us in supererogatory prayers during the whole of tonight.

He said: When a man prays with an imam till he goes he is reckoned as having spent a whole night in prayer. On the fourth remaining night he did not make us get up. When the third remaining night came, he gathered his family, his wives, and the people and prayed with us till we were afraid we should miss the falah (success).

I said: What is falah? He said: The meal before daybreak. Then he did not make us get up for prayer during the remainder of the month.

I came to the Holy Prophet (saws) when he was in Arafat. Some people or a group of people came from Najd. They commanded someone (to ask the Prophet about hajj).

So he called the Messenger of Allah (saws), saying: How is the hajj done? He (the Prophet) ordered a man (to reply). He shouted loudly: The hajj, the hajj is on the day of Arafah. If anyone comes over there before the dawn prayer on the night of al-Muzdalifah, his hajj will be complete. The period of halting at Mina is three days. Then whoever hastens (his departure) by two days, it is no sin for him, and whoever delays it there is no sin for him.

The narrator said: He (the Prophet) then put a man behind him on the camel. He began to proclaim this loudly.

Abu Dawud said: This tradition has been narrated by Mahran from Sufyan in a similar way. This version adds: The Hajj, the Hajj, twice. The version narrated by Yaya b. Sa'id al-Qattan has the words: The Hajj only once.

A man said: Messenger of Allah, a man wishes to take part in jihad in Allah's path desiring some worldly advantage? The Prophet (saws) said: He will have not reward. The people thought it terrible, and they said to the man: Go back to the Messenger of Allah (saws), for you might not have made him understand well. He, therefore, (went and again) asked: Messenger of Allah, a man wishes to take part in jihad in Allah's path desiring some worldly advantage? He replied: There is no reward for him. They again said to the man: Return to the Messenger of Allah. He, therefore, said to him third time. He replied: There is no reward for him.

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth."

Amra continued, "The slave took it and unstitched it and took out the cloak. In its place, he put some felt or skin and sewed it up again. When the mawla girls came to Madina, they gave it to his people. When they opened it, they found felt in it and did not find the cloak. They spoke to the two women and they spoke to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, or they wrote to her and suspected the slave. The slave was asked about it and confessed. A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave the order and his hand was cut off. A'isha said, 'A thief's hand is cut off for a quarter of a dinar and upwards.' "

Malik said, "The limit I prefer above which cutting off the hand is obliged is three dirhams, whether the exchange is high or low. That is because the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose value was three dirhams, and Uthman ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter."

11 Malik related to me from Yahya ibn Said from Urwa ibn az- Zubayr that a man of the Ansar called Uhayha ibn al-Julah had a young paternal uncle who was younger than him and who was living with his maternal uncles. Uhayha took him and killed him. His maternal uncles said, "We brought him up from a baby to a youth till he stood firm on his feet, and we have had the right of a man taken from us by his paternal uncle." Urwa said, "For that reason a killer does not inherit from the one he killed."

Malik said, "The way of doing things about which there is no dispute is that the intentional murderer does not inherit anything of the blood-money of the person he has murdered or any of his property. He does not stop anyone who has a share of inheritance from inheriting. The one who kills accidentally does not inherit anything of the blood-money and there is dispute as to whether or not he inherits from the dead person's property because there is no suspicion that he killed him for his inheritance and in order to take his property. I prefer that he inherit from the dead person's property and not inherit from the blood-money."

Yahya related to me from Malik from Hisham ibn Urwa from his father that A'isha, umm al-muminin said, "When the Messenger of Allah, may Allah bless him and grant him peace, came to Madina, Abu Bakr and Bilal came down with a fever. I visited them and said, 'Father, how are you? Bilal, how are you?'" She continued, "When Abu Bakr's fever worsened he would say, 'Every man is struck down among his people in the morning - death is nearer than the strap of his sandal.'"

When it left Bilal, he raised his voice and said, 'Would that I knew whether I will spend a night at the valley of Makka with the idhkhir herb and jalil herb around me. Will I go one day to the waters of Majinna? Will the mountains of Shama and Tafil appear to me?' " '

A'isha continued, "I went to the Messenger of Allah, may Allah bless him and grant him peace, and informed him. He said, 'O Allah! Make us love Madina as much as we love Makka or even more. Make it sound and bless us in our sa and mudd. Remove its fever and put it in al-Juhfa.' "