Yahya related to me from Malik from Sharik ibn Abdullah ibn Abi Namir that Abu Salama ibn Abd ar-Rahman said, "Some people heard the iqama and started to pray. The Messenger of Allah, may Allah bless him and grant him peace, came out and said, 'Are you doing two prayers at the same time? Are you doing two prayers at the same time?' That was about the subh prayer and the two rakas before subh."

Yahya related to me from Malik from Ibn Shihab from Sulayman ibn Yasar that the people of Syria said to Abu Ubayda ibn al-Jarrah, "Take zakat from our horses and slaves," and he refused. Then he wrote to Umar ibn al-Khattab and he (also) refused. Again they talked to him and again he wrote to Umar, and Umar wrote back to him saying, "If they want, take it from them and (then) give it back to them and give their slaves provision."

Malik said, "What he means, may Allah have mercy upon him, by the words 'and give it back to them' is, 'to their poor.' "

Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi from Abu Ayyub al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "It is not halal for a muslim to shun his brother for more than three nights, that is they meet, and this one turns away and that one turns away. The better of the two is the one who says the greeting first."

Yahya related to me that Malik asked Ibn Shihab about a man who caught some of the takbirs said over the corpse and missed the rest, and Ibn Shihab said, "He completes what he has missed."

Malik related to me from Yaqub ibn Zayd ibn Talha from his father Zayd ibn Talha that Abdullah ibn Abi Mulayka informed him that a woman came to the Messenger of Allah, may Allah bless him and grant him peace, and informed him that she had committed adultery and was pregnant. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Go away until you give birth." When she had given birth, she came to him. The Messenger of Allah, may Allah bless him and grant him peace, said to her, "Go away until you have suckled and weaned the baby." When she had weaned the baby, she came to him. He said, "Go and entrust the baby to someone." She entrusted the baby to someone and then came to him. He gave the order and she was stoned.

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said that Abu Hurayra was asked, "May a man pray in one garment?" He said, "Yes." The man then said to him "Do you do that?" and he replied, "Yes, I pray in one garment while my clothes are on the clothes-rack."

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

Ibn Shihab informed me of Lian and the tradition related to it, referring to the narration of Sahl bin Sa`d, the brother of Bani Sa`idi He said, "An Ansari man came to Allah's Apostle and said, 'O Allah's Apostle! If a man saw another man with his wife, should he kill him, or what should he do?' So Allah revealed concerning his affair what is mentioned in the Holy Qur'an about the affair of those involved in a case of Lian. The Prophet said, 'Allah has given His verdict regarding you and your wife.' So they carried out Lian in the mosque while I was present there. When they had finished, the man said, "O Allah's Apostle! If I should now keep her with me as a wife then I have told a lie about her. Then he divorced her thrice before Allah's Apostle ordered him, when they had finished the Lian process. So he divorced her in front of the Prophet ." Ibn Shihab added, "After their case, it became a tradition that a couple involved in a case of Lian should be separated by divorce. That lady was pregnant then, and later on her son was called by his mother's name. The tradition concerning their inheritance was that she would be his heir and he would inherit of her property the share Allah had prescribed for him." Ibn Shihab said that Sahl bin Sa`d As'Saidi said that the Prophet said (in the above narration), "If that lady delivers a small red child like a lizard, then the lady has spoken the truth and the man was a liar, but if she delivers a child with black eyes and huge lips, then her husband has spoken the truth." Then she delivered it in the shape one would dislike (as it proved her guilty).

The Prophet had informed us of the death of Ja`far and Zaid before the news of their death reached us, and his eyes were shedding tears.

Yahya related to me from Malik that he asked Ibn Shihab about talking in the jumua after the imam had come down from the mimbar but before he had said the takbir. Ibn Shihab said, "There is no harm in that."

Yahya related to me from Malik that he had heard that Umar ibn al-Khattab, Abdullah ibn Umar, Abdullah ibn Masud, Salim ibn Abdullah, al-Qasim ibn Muhammad, Ibn Shihab,and Sulayman ibn Yasar all said, "If a man has vowed to divorce his wife before marrying her and then he breaks his vow, divorce is obligatory for him when he marries her."

The verdict of Allah's Apostle was sought about an unmarried slave girl guilty of illegal intercourse. He replied, "If she commits illegal sexual intercourse, then flog her (fifty stripes), and if she commits illegal sexual intercourse (after that for the second time), then flog her (fifty stripes), and if she commits illegal sexual intercourse (for the third time), then flog her (fifty stripes) and sell her for even a hair rope." Ibn Shihab said, "I am not sure whether the Prophet ordered that she be sold after the third or fourth time of committing illegal intercourse."

Ziyad related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, used to go to relieve himself in houses.

Malik said, "Someone doing itikaf should not leave for his parents' funeral or for anything else."

Yahya related to me from Malik from Yahya ibn Said that al-Qasim ibn Muhammad said, "One of my wives died and Muhammad ibn Kab al Quradhi came to console me about her. He told me of one among the Bani Israil who was a diligent, worshipping, knowing and understanding man who had a wife that he admired and loved, and she died. He grieved over her intensely and lamented her until he withdrew into a house and locked himself in, hidden from everyone, and no-one visited him. A woman heard about him and went to him, saying, 'I need him to give me an opinion. Nothing will satisfy me except what he says about it.' Everyone went away, but she stuck to his door and said, 'I must see him.' Someone said to him, 'There is a woman who wishes to ask your opinion about something,' and she insisted, 'I will only talk to him about it.' When everyone had gone away, and she still had not left his door, he said, 'Let her in.' So she went in and saw him and said, 'I have come to ask your opinion about something.' He said, 'What is it?' She said, 'I borrowed a piece of jewellery from a neighbour of mine, and I have worn it and used it for a long time. Then they sent to me for it. Should I let them have it back?' He said, 'Yes, by Allah.' She said, 'I have had it for a long time.' He said, 'It is more correct for you to return it to them, since they have lent it to you for such a long time.' She said, 'Yes. May Allah have mercy on you. Do you then grieve over what Allah has lent you and then taken from you, when He has a greater right to it than you?' Then he saw the situation he was in, and Allah helped him by her words."

Yahya related to me from Malik that Zurayq ibn Hakim informed him that he had a runaway slave who had stolen. He said, "The situation was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him about it. He was the governor at that time. I informed him that I had heard that if a runaway slave stole while he was a fugitive, his hand was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter, 'You wrote to me that you have heard that when the runaway slave steals, his hand is not cut off. Allah, the Blessed, the Exalted, says in His Book, 'The thief, male and female, cut off the hands of both, as a recompense for what they have earned, and an exemplary punishment from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft reaches a quarter of a dinar, and upwards, his hand is cut off.' "

Yahya related to me from Malik that he had heard that al- Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said, "When a runaway slave steals something for which cutting off the hand is obliged, his hand is cut off."

Malik said, "The way of doing things amongst us about which there is no dispute is that when the runaway slave steals that for which cutting off the hand is obliged, his hand is cut off."

While we were going from Mina to `Arafat, I asked Anas bin Malik, about Talbiya, "How did you use to say Talbiya in the company of the Prophet?" Anas said: "People used to say Talbiya and their saying was not objected to and they used to say Takbir and that was not objected to either. "

Yahya related to me from Malik from Said ibn Abi Said al-Maqburi that Abu Hurayra forbade anyone to follow him with a burning torch after his death.

Yahya said, "I heard Malik disapprove of that."

Yahya related to me from Malik from Ibn Shihab from Haram ibn Sad ibn Muhayyisa that a female camel of al-Bara ibn Azib entered the garden of a man and it did some damage to it. The Messenger of Allah, may Allah bless him and grant him peace, gave a judgement that the people of the garden were responsible for guarding it in the day, and the owner of the animals was liable for what the animals destroyed at night.

Yahya related to me from Malik from Ibn Shihab from Said ibn al- Musayyab and from Abu Salama ibn Abd ar-Rahman ibn Awf that the Messenger of Allah, may Allah bless him and grant him peace, decreed for partners the right of preemption in property which had not been divided up. When boundaries had been fixed between them, then there was no right of pre-emption.

At the time of giving the pledge of allegiance to the Prophet one of the conditions was that we would not wail, but it was not fulfilled except by five women and they are Um Sulaim, Um Al-`Ala', the daughter of Abi Sabra (the wife of Mu`adh), and two other women; or the daughter of Abi Sabra and the wife of Mu`adh and another woman.

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman that Umar ibn al-Khattab and Uthman ibn Affan would pray maghrib when they saw the night darkening, before they broke their fast, and that was during Ramadan.

Malik related to me from Ibn Shihab that he asked Salim ibn 'Abdullah ibn Umar about renting out fields. He said, "There is no harm in it for gold or silver." Ibn Shihab said, "I said to him, 'What do you think of the hadith which is mentioned from Rafi ibn Khadij?'" He said, ''Rafi has exaggerated. If I had a field, I would rent it out."

The Prophet made Al-Fadl ride behind him, and Al-Fadl informed that he (the Prophet ) kept on reciting Talbiya till he did the Rami of the Jamra. (Jamrat-Al-`Aqaba.)

Yahya related to me from Malik from Ibn Shihab that Ubaydullah ibn Abdullah ibn Utba said, "I visited Umar ibn al-Khattab just before noon and found him praying a voluntary prayer. So I stood behind him, but he pulled me nearer and put me next to him, on his right hand side, and then Yarfa came and I moved back and we formed a row behind him."

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, used to pray on the day of Fitr and the day of Adha before the khutba.

Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Masud al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, forbade the sale price of a dog, the earnings of a prostitute and the earnings of a fortune teller.

By the earnings of a prostitute he meant what a woman was given for fornication. The earnings of a fortune teller were what he was given to tell a fortune.

Malik said, "I disapprove of the price of a dog, whether it is a hunting dog or otherwise because the Messenger of Allah, may Allah bless him and grant him peace, forbade the price of a dog."

Malik said, "No one should buy a specified animal when it is concealed from him or in another place, even if he has already seen it, very recently or not so recently, and was pleased enough with it to pay its price in cash."

Malik said, "That is disapproved of because the seller makes use of the price and it is not known whether or not those goods are found to be as the buyer saw them or not. For that reason, it is disapproved of. There is no harm in it if it is described and guaranteed."

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, "Which prayer is it when you remain in the sitting position in every raka?'' Said said, "It is maghrib when you miss one raka, and that is the sunna in all the prayers."

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab used to say, "The full blood-money is payable for cutting off both lips, but when the lower one only is cut off, two-thirds of the blood-money is due for it."

"The Prophet after finishing the prayer with Taslim used to stay at his place for a while." Ibn Shihab said, "I think (and Allah knows better), that he used to wait for the departure of the women who had prayed." Ibn Shihab wrote that he had heard it from Hind bint Al-Harith Al-Firasiya from Um Salama, the wife of the Prophet (Hind was from the companions of Um Salama) who said, "When the Prophet finished the prayer with Taslim, the women would depart and enter their houses before Allah's Apostle departed."

Yahya related to me from Malik from Nafi that Abdullah ibn Umar was coming from Makka and when he was at Qudayd, news came to him from Madina and he returned and entered Makka without ihram.

Yahya related the same as that to me from Malik from Ibn Shihab.

Malik related to me from Ishaq ibn Abdullah ibn Abi Talha that Anas ibn Malik said, "I heard Umar ibn al-Khattab, when I was going out with him to visit an orchard, say to himself, and there was a wall between him and me and he was inside the garden, 'Umar ibn al-Khattab, amir al-muminin! Well done! Well done! By Allah, fear Allah or he will punish you.' "

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az- Zubayr that Khawla ibn Hakim came to Umar ibn al-Khattab and said, ''Rabia ibn Umayya made a temporary marriage with a woman and she is pregnant by him.'' Umar ibn al-Khattab went out in dismay dragging his cloak, saying, "This temporary marriage, had I come across it, I would have ordered stoning and done away with it! "

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah from Abdullah ibn Umar that the Messenger of Allah, may Allah bless him and grant him peace, prayed maghrib and isha together at Muzdalifa.

Yahya related to me from Malik from Ismail ibn Abi Hakim from Abiyda ibn Sufyan al-Hadrami from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Eating animals with fangs is haram. "

Malik said, "This is the custom among us."

Yahya related to me from Malik from Ishaq ibn Abdullah ibn Abi Talha al-Ansari from Anas ibn Malik that the Messenger of Allah, may Allah bless him and grant him peace, said, "The good dream of a man who is salih is a forty-sixth part of prophecy."

Yahya related the like of that to me from Malik from Abu'z-Zinad from al- Araj from Abu Hurayra from the Messenger of Allah, may Allah bless him and grant him peace.

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abdar-Rahman ibn Awf that Abdullah ibn Amr ibn al-As said, "A dead man is clothed in a shirt and a waist-wrapper and then wrapped in a third, and if he only has one garment he is shrouded in that."

Abu Bakr said to the delegate of Buzakha. "Follow the tails of the camels till Allah shows the Caliph (successor) of His Prophet and Al-Muhajirin (emigrants) something because of which you may excuse yourselves."

This hadith has been narrated on the authority of Abu Huraira and Zaid b. Khalid al-Jubani, but in this no merition is made of the words of Ibn Shihab that dafir means rope.

Malik related to me from Ibn Shihab from Abu Salama ibn Abd ar- Rahman ibn Awf from Jabir ibn Abdullah al-Ansari that the Messenger of Allah, may Allah bless him and grant him peace, said, "If someone is given a life pension, for him and his posterity, it belongs to the person to whom it has been given. It never reverts to the one who gave it because he gave a gift and the rules of inheritance apply to it."