Yahya related to me from Malik from Abu'zZinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By Him in whose hand myself is! I had in mind to order firewood to be collected, then to order the prayer to be called, and to appoint a man to lead the people in prayer, and then to come up behind certain men and burn their houses down about them! By Him in whose hand myself is! If one of them knew that he would find a meaty bone or two good legs of meat, he would be present at isha.''

Yahya related to me from Malik that Nafi, the mawla of Abdullah ibn Umar said, "I was at Adha and Fitr with Abu Hurayra and he said 'Allah is greater' seven times in the first raka, before the recitation, and five times in the second, before the recitation."

Humaid b. 'Abd al-Rahman reported that Abu Huraira had narrated to him that the Apostle of Allah (may peace be upon him) commanded the person (who) broke the fast in Ramadan to free a slave or observe fasts for two (consecutive) months or feed sixty poor persons.

The Prophet ordered us to free slaves at the time of solar eclipses.

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased ...

There was some quarrel (sighting) among Bani `Amr, and when this news reached the Prophet, he offered the Zuhr prayer and went to establish peace among them. In the meantime the time of `Asr prayer was due, Bilal pronounced the Adhan and then the Iqama for the prayer and requested Abu Bakr (to lead the prayer) and Abu Bakr went forward. The Prophet arrived while Abu Bakr was still praying. He entered the rows of praying people till he stood behind Abu Bakr in the (first) row. The people started clapping, and it was the habit of Abu Bakr that whenever he stood for prayer, he never glanced side-ways till he had finished it, but when Abu Bakr observed that the clapping was not coming to an end, he looked and saw the Prophet standing behind him. The Prophet beckoned him to carry on by waving his hand. Abu Bakr stood there for a while, thanking Allah for the saying of the Prophet and then he retreated, taking his steps backwards. When the Prophet saw that, he went ahead and led the people in prayer. When he finished the prayer, he said, "O Abu Bakr! What prevented you from carrying on with the prayer after I beckoned you to do so?" Abu Bakr replied, "It does not befit the son of Abi Quhafa to lead the Prophet in prayer." Then the Prophet said to the people, "If some problem arises during prayers, then the men should say, Subhan Allah!; and the women should clap." (See Hadith No. 652, Vol. 1)

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

I heard Ka`b bin Malik who was one of the three who were forgiven, saying that he had never remained behind Allah's Apostle in any Ghazwa which he had fought except two Ghazwat Ghazwat- Al-`Usra (Tabuk) and Ghazwat-Badr. He added. "I decided to tell the truth to Allah's Apostle in the forenoon, and scarcely did he return from a journey he made, except in the forenoon, he would go first to the mosque and offer a two-rak`at prayer. The Prophet forbade others to speak to me or to my two companions, but he did not prohibit speaking to any of those who had remained behind excepting us. So the people avoided speaking to us, and I stayed in that state till I could no longer bear it, and the only thing that worried me was that I might die and the Prophet would not offer the funeral prayer for me, or Allah's Apostle might die and I would be left in that social status among the people that nobody would speak to me or offer the funeral prayer for me. But Allah revealed His Forgiveness for us to the Prophet in the last third of the night while Allah's Apostle was with Um Salama. Um Salama sympathized with me and helped me in my disaster. Allah's Apostle said, 'O Um Salama! Ka`b has been forgiven!' She said, 'Shall I send someone to him to give him the good tidings?' He said, 'If you did so, the people would not let you sleep the rest of the night.' So when the Prophet had offered the Fajr prayer, he announced Allah's Forgiveness for us. His face used to look as bright as a piece of the (full) moon whenever he was pleased. When Allah revealed His Forgiveness for us, we were the three whose case had been deferred while the excuse presented by those who had apologized had been accepted. But when there were mentioned those who had told the Prophet lies and remained behind (the battle of Tabuk) and had given false excuses, they were described with the worse description one may be described with. Allah said: 'They will present their excuses to you (Muslims) when you return to them. Say: Present no excuses; we shall not believe you. Allah has already informed us of the true state of matters concerning you. Allah and His Apostle will observe your actions." (9.94)

"A man from the Muslims and a man from the Jews quarrelled, and the Muslim said, "By Him Who gave superiority to Muhammad over all the people!" The Jew said, "By Him Who gave superiority to Moses over all the people!' On that the Muslim lifted his hand and slapped the Jew. The Jew went to Allah's Apostle and informed him of all that had happened between him and the Muslim. The Prophet said, "Do not give me superiority over Moses, for the people will fall unconscious on the Day of Resurrection, I will be the first to regain consciousness and behold, Moses will be standing there, holding the side of the Throne. I will not know whether he has been one of those who have fallen unconscious and then regained consciousness before me, or if he has been one of those exempted by Allah (from falling unconscious)." (See Hadith No. 524, Vol. 8)

Abu Dawud said: This tradition has been transmitted by Ibn Ishaq and al-Auza'i from Yahya b. Sa'id in a similar manner, and Malik narrated it from Yahya b. Sa'id, saying: He observed I'tikaf during twenty days of Shawwal.

Allah's Apostle appointed Usama bin Zaid as the commander of some people. Those people criticized his leadership. The Prophet said, "If you speak ill of his leadership, you have already spoken ill of his father's leadership before. By Allah, he deserved to be a Commander, and he was one of the most beloved persons to me and now this (i.e. Usama) is one of the most beloved persons to me after him.

The Prophet stood before Musailama (the liar) who was sitting with his companions then, and said to him, "If you ask me for this piece (of palm-leaf stalk), even then I would not give it to you. You cannot avoid what Allah has ordained for you, and if you turn away from Islam, Allah will surely ruin you! "

The Prophet ordered a man from the tribe of Bani Aslam to announce amongst the people that whoever had eaten should fast the rest of the day, and whoever had not eaten should continue his fast, as that day was the day of 'Ashura' .

Anas reported; Bilal was commanded to pronounce Adhan in double pairs and IQAMAH in single pairs.

Hammam added in his version; “except IQAMAH”.

The Prophet (saws) ordered Umar ibn al-Khattab who was in al-Batha' at the time of the conquest (of Makkah) to visit the Ka'bah and obliterate all images in it. The Prophet (saws) did not enter it until all the images were obliterated.

Malik related to me from Yahya ibn Said that Abd ar-Rahman ibn al-Qasim ibn Muhammad heard Makhul ad-Dimashqi ask al-Qasim ibn Muhammad about the life pension and what people said about it. Al- Qasim ibn Muhammad said, "I have only come upon people who keep to the conditions they make about their property and what they are given."

Yahya said that he heard Malik say, "What is done in our community is that the life pension reverts to the one who makes it a life pension unless he says, 'It belongs to you and your posterity.' "

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr 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, did not have to choose between two matters, but that he chose the easier of them as long as it was not a wrong action. If it was a wrong action, he was the furthest of people from it. The Messenger of Allah, may Allah bless him and grant him peace, did not take revenge for himself unless the limits of Allah were violated. Then he took revenge for it for Allah."

Allah's Apostle said, "It is not lawful for a lady to fast (Nawafil) without the permission of her husband when he is at home; and she should not allow anyone to enter his house except with his permission; and if she spends of his wealth (on charitable purposes) without being ordered by him, he will get half of the reward."

The Prophet used to invoke Allah, saying, "Allahumma ighfirli khati'ati wa jahli wa israfi fi `Amri, wa ma anta a-'lamu bihi minni. Allahumma ighfirli hazali wa jiddi wa khata'i wa amdi, wa kullu dhalika 'indi."

That he heard the Prophet, after raising his head from the bowing in morning prayer, saying, "O Allah, our Lord! All the praises are for you." And in the last (rak`a) he said, "O Allah! Curse so-and-so and so--and-so." And then Allah revealed:-- 'Not for you (O Muhammad) is the decision, (but for Allah), whether He turns in mercy to them or punish them, for they are indeed wrongdoers.' (3.128)

The Messenger of Allaah (sal Allaahu alayhi wa sallam) ordered the killing of the dogs, and then said: Why are they (people) after them (dogs)? and then granted permission (to keep) for hunting and for (the security) of the herd, and said : When the dog licks the utensil wash it seven times, and rub it with earth the eighth time.

Abu Dawud said : Ibn Mughaffal narrated in a similar way.

An-Nu`man or the son of An-Nu`man was brought to the Prophet in a state of intoxication. The Prophet felt it hard (was angry) and ordered all those who were present in the house, to beat him. And they beat him, using palm-leaf stalks and shoes, and I was among those who beat him.

A woman is allowed to leave (go back home) if she gets menses (after Tawaf-Al-Ifada). Ibn `Umar formerly used to say that she should not leave but later on I heard him saying, "She may leave, since Allah's Apostle gave them the permission to leave (after Tawaf-Al-Ifada)."

Whenever Allah's Apostle came out on `Id day, he used to order that a Harba [??] (a short spear) to be planted in front of him (as a Sutra for his prayer) and then he used to pray facing it with the people behind him and used to do the same while on a journey. After the Prophet , this practice was adopted by the Muslim rulers (who followed his traditions).

Jabir reported that Allah's Messenger (may peace be upon him) commanded a person who had been distributing arrows freely in the mosque that he should not move about in the mosque but by catching hold of their iron-heads. Ibn Rumh narrated this with a slight variation of wording.

'Ashura' (i.e. the tenth of Muharram) was a day on which the tribe of Quraish used to fast in the prelslamic period of ignorance. The Prophet also used to fast on this day. So when he migrated to Medina, he fasted on it and ordered (the Muslims) to fast on it. When the fasting of Ramadan was enjoined, it became optional for the people to fast or not to fast on the day of Ashura.

Yahya related to me from Malik from Yahya ibn Said from Sulayman ibn Yasar that Zayd ibn Thabit used to say, "When the eye remains but the sight is lost, one hundred dinars are payable for it."

Yahya said, "Malik was asked about cutting off the lower lid of the eye and the bone around the eye. He said, 'There is only ijtihad in that unless the vision of the eye is impaired. He is entitled to an amount that is compatible to the extent the vision of the eye has been impaired."

Yahya said that Malik said, "What is done in our community about removing the bad eye of a one-eyed man when it has already been blinded and still remains there in its place and the paralyzed hand when it is cut off, is that there is only ijtihad in that, and there is no prescribed blood-money."

Yahya related to me from Malik from Abu'z Zinad from al-Araj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "A man said to his family that he had never done a good action, and that when he died they were to burn him and then scatter half of him on the land and half of him on the sea, and by Allah, if Allah destined it for him He would punish him with a punishment which He had not punished anyone else with in all the worlds. When the man died, they did as he had told them. Then Allah told the land to collect everything that was in it, and told the sea to collect everything that was in it, and then He said to the man, 'Why did you do this?' and he said, 'From fear of You, Lord, and You know best.' "

Abu Hurayra added, "And He forgave him."

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.

Abu Huraira said that Abu Bakr sent him during the Hajj in which Abu Bakr was made the chief of the pilgrims by Allah's Apostle before (the year of) Hajjat al-Wada` in a group (of announcers) to announce before the people; 'No pagan shall perform the Hajj after this year, and none shall perform the Tawaf around the Ka`ba in a naked state. Humaid used to say The Day of Nahr is the day of Al- Hajj Al-Akbar (the Greatest Day) because of the narration of Abu Huraira.

The Prophet collected every two martyrs of Uhud in one piece of cloth, then he would ask, "Which of them had (knew) more of the Qur'an?" When one of them was pointed out for him, he would put that one first in the grave and say, "I will be a witness on these on the Day of Resurrection." He ordered them to be buried with their blood on their bodies and they were neither washed nor was a funeral prayer offered for them.

Allah's Apostle sent troops appointed Usama bin Zaid as their commander. The people criticized his leadership. Allah's Apostle got up and said, "If you (people) are criticizing his (i.e. Usama's) leadership you used to criticize the leadership of his father before. By Allah, he (i.e. Zaid) deserved the leadership indeed, and he used to be one of the most beloved persons to me, and now this (i.e. his son, Usama) is one of the most beloved persons to me after him."

Yahya related to me from Malik from Abu'z-Zinad that Said ibn al- Musayyab said, "People used to be given bonuses from the Khumus."

Malik said, "That is the best of what I have heard on the matter."

Malik was asked about bonuses and whether they were taken from the first of the spoils, and he said, "That is only decided according to the ijtihad of the Imam. We do not have a known reliable command about that other than it is up to the ijtihad of the Sultan. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, gave bonuses in all his raids. I have only heard that he gave bonuses in one of them, namely the day of Hunayn. It depends on the ijtihad of the Imam whether they are taken from the first of the spoils or what is after it."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar, when asked if anyone should recite behind an imam, said, "When you pray behind an imam then the recitation of the imam is enough for you and when you pray on your own you must recite." Nafi added, "Abdullah ibn 'Umar used not to recite behind the imam."

Yahya said that he heard Malik say, "The position with us is that aman recites behind the imam when the imam does not recite aloud and he refrains from reciting when the imam recites aloud."

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 that he had heard that al-Qasim ibn Muhammad and Nafi, the mawla of Abdullah ibn Umar said, "You cannot do itikaf unless you are fasting, because of what Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, then complete the fast until night-time, and do not have intercourse with them while you are doing itikaf in mosques,' (Sura 2 ayat 187). Allah only mentions itikaf together with fasting."

Malik said, "That is what we go by here."

AbuSalih al-Ghifari reported: Ali (once) passed by Babylon during his travels. The mu'adhdhin (the person who calls for prayer) came to him to call for the afternoon prayer. When he passed by that place, he commanded to announce for the prayer. After finishing the prayer he said: My affectionate friend (i.e. the Prophet) prohibited me to say prayer in the graveyard. He also forbade me to offer prayer in Babylon because it is accursed.

Yahya related to me from Malik from Muhammad ibn Yusuf that as- Sa'ib ibn Yazid said, "Umar ibn al-Khattab ordered Ubayy ibn Kab and Tamim ad-Dari to watch the night in prayer with the people for eleven rakas.The reciterof the Qur'an would recite the Mi'in (a group of medium-sized suras) until we would be leaning on our staffs from having stood so long in prayer. And we would not leave until the approach of dawn."